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KENTUCKY’S PUBLIC NOTICE ADVERTISING LAWS

CHAPTER 424 AND RELATED STATUTES

Abandoned cemetery in certain cities, proceedings to vest title in city, notice of suit, 381.730Abandoned property, holders to report to department of revenue, rights of action, 393.110Acquisition of existing waterworks, notice of agreement, petition, election, 96.360Adoption of county budget by fiscal court, 68.260Advertisement for bids for road construction or maintenance, letting of contract, 184.110Advertisement of election, 67.220Advertisement of sale of boat or motor vehicle for charges, definition of boat, 376.280Advertisement of sale of tax claims; compensation of sheriff, 134.440Advertisement of special tax election, conduct of election, 178.240Air pollution control, notice of hearings, 77.025Air pollution control, public hearing to be held before enactment of orders, rules or regulations, 77.185Alcoholic beverage control board, functions, 241.060Alcoholic beverages, local option, advertisement of election, 242.040Amendment of comprehensive plan prior to annexation permitted; land use management regulation in newly annexed or reclassified territory; notice of public hearing, 100.209Ancillary hearing to forfeit property, 218A.460Annexation by metropolitan sewer district of unincorporated area or city of fifth or sixth class, procedure, appeal to courts, 76.175Annexation of unincorporated territory or reduction of territory by first class city, 81.100Annexation, public hearings, authority of board of aldermen, 81A.060Annexation to subdistricts, procedure, effect, 76.268Annual audit of books of county office by certified public accountant, if auditor declines to perform audit; procedure, 64.810Approval of county bonds, 66.310Assessment lists and assessment procedure in cities of second class, 92.430Assessment or cooperative insurance, meeting to change form of company, notice, vote necessary to change, 299.230Board for separate drainage district, election, term, vacancies, 267.510Board of drainage commissioners, meetings, office, records, reports, expenses, 267.120Bonds authorized when average assessment exceeds twenty-five cents per acre, failure to pay assessment is consent to bonds, 267.320Bonds, notes and obligations of urban renewal agency, 99.430Canada and nodding thistle eradication areas, establishment, duties of department of agriculture, 249.183Certification of petition for referendum, publication of act, 132.110City civil service, examinations, rating, eligible list, 90.320City civil service, number of employees, salaries, protection from dismissal, suspension or reduction, abolishment of office or position, reinstatement, 90.380Civil service, conduct of examinations, notice, certification of eligible list, appointments from list, rules and regulations, compensation of commissioners, 95.764Claim of interest in property surrendered to state, 393.140Claims to be proved before commissioner, notice to creditors, 395.520Classification of sewer users, publication of first ordinance, 96.919Closure of grade crossings, hearings, 177.120Code of ethics for city or county officials and employees, publication, 65.003Commissioners may be appointed to handle proceeds of bonds, 178.180Compensation of party pressing claims in common interest for others, notice to interested persons, 412.070Conditions of and procedure for conversion of national banking association to state bank or merger with state bank, 287.172Conservation and state development, area planning commission, procedure for establishment, alteration, dissolution, 147.620Constitutional amendments, 118.415

Construction subdistrict established, petition, procedure, judicial review, waiver of notice and hearing, 76.241Contest on constitutional convention or amendment, or statewide public question, 120.280Contract bidding for work, supplies or materials for urban-county board and department of health, 212.638Contracts for buildings, improvements and materials to be let on competitive bidding; when advertisements not required, 162.070Contracts for work, material and supplies for sanitation districts, 220.290Contracts for work, materials or supplies, 104.650Contracts for work or materials, day labor, 212.460Conveyances and encumbrances, general cross indexes, adoption and maintenance, 382.205County clerk to docket and publish application for permit to operate place of entertainment, 231.060County commissioners, election for, return to prior form of government, 67.050Custody and disposition of property taken by the police department in city of second class or urban-county government, notice, 95.435Defense to the petition for dissolution of a city; criteria for judgment of dissolution; certification to secretary of state, 81.096Definitions for soil and water conservation, 262.010Department of fish and wildlife resources commission, appointment, term, vacancies, bond, oath, removals, expenses, quorum, offices, notices and publications, 150.022Department of fish and wildlife resources may regulate musseling, 150.520Department of highways to advertise program to eradicate noxious weeds on rights-of-way, 176.051Designation of community action agency by local political subdivision, 273.435Designations of urban-county government for purposes of state or federal laws, rules or regulations, 67A.050Discharge of assignee, notice, proceedings, 379.140Discontinuance of water district, procedure, 74.367Dispensing with administration by agreement, 395.470Dissolution of incorporated cities and special districts, hearing to be advertised, 67.845Dissolution of special district by referendum, 65.170Dividing county or striking off territory, 67.030Division of county into precincts; map; failure of board to perform duty, 117.055Drainage and reclamation, board or court may change assessment, relevy, 267.350Drainage and reclamation, copies of assessment record filed with clerk, clerk's notice, trial and judgment on exceptions, final order, 268.360Drainage and reclamation, notice of hearing on appraisers' report, form, 268.280Drainage and reclamation, payment and collection of assessments when average below twenty-five cents per acre, 267.310Drainage and reclamation, viewers' final report, notice, hearing, 267.210Drainage directors, election, 267.090Duties of commissioner of mines and minerals, 351.070Economic improvement plan and annual budget to be published in newspaper, 91A.570Election by voters on question of constructing, purchasing or condemning electric plant, or issuing bonds therefor, 96.640Election of board of drainage commissioners, qualifications, bond, officers, powers, 268.160Emergency assessments, 132.660Engineering report, when filed, construction subdistrict may be abolished, when, 76.244Equalization of assessments in cities of second class, 92.440Establishing voting places in precincts, change, 117.065Establishment of county health department, elections in one county, 212.080Examination and approval of capital projects in area development districts, grants, administration, conditions, 42.355Extension of operations of city housing authority to other cities, 80.580Federal block grant applications, hearings, 45.352Finance and revenue of first class cities, suit for enforcement of tax lien, publication of notice, 91.4883Finances of planning commission, financial statement to be published, 100.177Financial statement, when published, contents, sent to commissioner, 287.420Form and terms of city utility bonds, sale, bonds for improvements, refunding or additional bonds,

96.690Form of bonds, improvement or refunding bonds, negotiability, procedure for sale, 106.260Hearing on assessment roll and statement, notice, appeal, filing approved roll, 267.300Hearing on proposed standards of safety, notice, 227.310Inspection period for tax rolls, publication and posting of notice, 133.045Investigation and establishment of territorial boundaries of sanitation district, inclusion of city, notice to residents of territory, 220.536Land bank authority to publish information about leases, sales or trade of property, 65.365Lien on radios, phonographs and other electrical appliances, for repair, 376.430Lien on watches and jewelry for repairs, sale for charges, 376.290Limitations on condemnation powers, rights of current landowner, 416.670Local development authority powers, bond issue, 99.670Local solid waste management, establishment of district by citizen petition and election, election on plan, dissolution or modification of districts, 109.270Manner of election of school board members, changes in boundary lines of divisions of county containing first-class city, 160.210Merger of fire protection districts, notice of filing of petition, 75.020Merger of water districts, hearing, orders, 74.361Method of posting strays, fees, 259.120Metropolitan sewer district, apportionment of construction costs, lien, apportionment warrants, notice, 76.172Municipal improvement construction contracts, bids, performance bond; wastewater collection project assessments, bonds, 107.080Municipal improvements, alternate methods, publication of First Ordinance, 107.030Mutual insurance holding companies, reorganizing or merging insurers, 304.37-565Newspaper advertisement required in execution and judicial sales, 426.560Nonpartisan city elections, 83A.170Notes of governmental agency, public sale, 65.7717Notice and advertisement of establishment, alteration or discontinuance of county road, and of letting contract, 178.050Notice and hearing of exceptions to classification report, 76.345Notice and proceedings for establishment of sewer construction district, appeal, 76.205Notice, duty of guardian ad litem and attorney, 422.180Notice of application for creation of flood control district, 104.530Notice of application for curator for absent person, 395.430Notice of drainage construction work, 267.240Notice of hearing of fire hazard when property owner unknown, 227.340Notice of hearing of insurance commissioner, 304.2-320Notice of hearing, publication, order of construction and assessment, 76.246Notice of hearings by state fire marshal, 227.332Notice of intention to apply for alcoholic beverage license, 243.360Notice of intention to refund bonds, form, majority of owners may require abandonment of refunding, 269.030Notice of processioning land and taking depositions, 73.230Notice of proposal for creating nontaxing special district, 65.810Notice of public hearing for property improvement, 91A.250Notice of public hearing on zoning regulations, 100.207Notice of temporary refusal to accept payment of ad valorem taxes by outgoing sheriff, 134.215Oaths and bonds, notice of proceeding, 62.100Office and meetings of board of drainage commissioners, records, reports, expenses, 268.170Officers and employees of board, seal, records, expenses, rules and regulations, civil liabilities, audits, 104.610Official map, contents, hearing, posting, 100.297Ordinance for acquisition of artificial gas system and issuance of bonds, popular election, plans and specifications, acquisition of lands and easements, 96.543Ordinance to proceed with improvement of property by special assessment; publication; notice to affected property owners, 91A.260Overlay district regulations, notice of public hearing, 82.670

Personal representatives, notice of filing district court settlements, 395.625Persons holding unclaimed pari-mutuel winning tickets presumed abandoned shall report, 230.362Place of holding fiscal court, 67.090Plan for improvement of local government in county containing city of first class, advertisement, 81.340Plan for management district to be published in newspaper, 91A.565Planning and zoning, effect of failure to strictly comply with procedural provisions or publication requirements, 100.182Power of redevelopment corporation to acquire real property, city may condemn and convey to corporation, federal or state aid, alternate method of acquiring and conveying land, 99.210Prerequisites for adoption of a development plan, 99.370Private toll bridges and ferries, application for certificate, when granted, 280.030Procedure for amending zoning map and regulation, 100.211Procedure for disposal of seized and forfeited property; distribution of proceeds, 218A.420Procedure for referendum on public question in cities, 83A.120Procedure for sale of city-owned waterworks, 106.200Procedures for creating taxing district, 65.182Proceedings to incorporate city, 81.050Proclamation for special election for congressional representative, 118.720Proclamation for special election for governor, 118.710Proposed nomination to National Register of Historic Places, notice, hearing, 171.382Proposed plan for management district to be published in newspaper, 91.756Public hearing required prior to expenditure of state-derived tax revenues on roads by local government, 174.100Public hearing with regard to creation or area of regional housing commission, 80.400Public notice of zoning appeal hearing, 100.263Publication of application to create sanitation district, 220.090Publication of city ordinances, 83A.060Publication of financial statements by special purpose districts, 65.070Publication of First Ordinance for urban-county public improvements, 67A.730Publication of proclamations and writs of elections by sheriffs, 118.750Quarterly financial statement of counties containing city of first class, publication, 68.080Rate schedule for construction subdistrict, notice, objections, purposes, subdistrict fund, uses, 76.262Readings and publication of proposed county ordinances, 67.077Reapportionment of justices' districts, 67.045Receipt of claims by assignee, notice of, filing, 379.100Referendum on sale of beer, advertisement, 242.160Regional integrated waste treatment and disposal facility siting board, powers and duties, 224.46-825Regulation of explosives in reclamation of strip-mined land, 350.430Regulations, authority and duty of director of extension, extension council, membership, by-laws, 164.625Removal of appointed member of special district governing body, 65.007Removal of county seat, 67.020Removal of elected firefighter trustee, notice of hearing, 75.031Removal of grave or cemetery on application of land owner or county, procedure, expenses, 381.755Removal of overhanging limbs of trees and other obstructions along roads, notice of requirements to be published, 179.230Reports of audits and investigations within counties by auditor of public accounts, 43.090Restrictions on conveyance or encumbrance of waterworks or lighting system by city of second, third, fourth, fifth or sixth class, 96.540Revenue bonds, 96.184Revenue bonds, sale, advertising, 56.520Revocation of authority of insurance company to do business in state, publication, 136.990Revocation of ferry privilege, 280.220Road construction, advertisement for bids, 176.070Road construction bonds to be sold at public sale or sales, manner of advertising, 177.800Road improvement bonds, form, terms, tax exemptions, rights of holder, payment, 184.260Sale and conveyance of land obtained by taxing unit through action on certificate of delinquency, 134.510

Sale of abandoned property, 393.120Sale of bonds by school facilities construction commission, publication area, 157.630Sale of bonds, conditions, 162.620Sale of equipment, machinery or motor to pay charges, 376.455Sale of improvement assessment bonds, sealed bids, advertisement, 107.100Sale of real property by city to redevelopment corporation, 99.290Sale of road improvement bonds, sources of payment, 184.270Sale of seized contraband cigarettes, advertisement, 138.165Sanitary sewers in urban-county governments, publication of ordinance of initiation, notice of public hearing, 67A.875, 67A.876Sanitation district, notice of hearing, publication, order of construction and assessment, 220.561Sanitation districts, rates, rentals and charges, use of funds of district, cutting off sewer and water service to delinquents, 76.090Severed mineral interests of unknown, missing owners; action to declare a trust, advertisement and lis pendens notice, 353.466Sewer construction district, notice and hearing of exceptions, 76.335Sheriff's annual settlement with county to be published, 134.310State board of agriculture may issue revenue bonds, 247.180State board to issue certificates of election for state and district offices, tie votes, 118.425State bridges, tunnels and ferries, definitions, 180.010Tax bills, how made out and delivered in cities of fourth class, 92.580Tax notice, form, complaint, hearing on assessment, correction and approval of report, 269.150Termination of operation of electric and water plant, election, advertisement, 96.183Third class city may grant rights of way to utility, conditions, 96.060Tourism attraction projects, notice of public hearings, 154.29-040Transfer of assets to another bank, procedure, publication of notice, 287.630Urban-county civil service examinations, rating, eligible list, 67A.240

2002 Pocket Part Cross References

Unification review commission, notice of hearing, 67.914

2006 Main Volume Cross References

Urban-county construction contracts, bids, performance bonds, 67A.740Urban county government may set liquor sale hours, local option on Sunday sales in urban county, 244.295Urban-county government sale of public improvement bonds, bids, advertisement, 67A.765Urban renewal, conditions of approval of plan by planning commission, 99.050Variance petition, notice by department for natural resources and environmental protection, hearing, 224.30-140Veterans' bonus, sale of bonds, advertisement, 40.200Vote on referendum, ballot, certification and publication of result, expenses, 132.120Voter registration, notice, 116.045Water commission, creation, 74.440Water district, acceptance of report, notice, final hearing, 74.140Water district may acquire, develop, maintain and operate gas system, procedure, 74.400Water districts, manner of giving notices, 74.360

Kentucky’s Public Notice Advertising LawsKentucky Revised Statutes (KRS) Chapter 424

KRS 424.110 Definitions

As used in KRS 424.110 to 424.370:

(1) "Publication area" means the city, county, district, or other local area for which an advertisement is required by law to be made. An advertisement shall be deemed to be for a particular city, county, district, or other local area if it concerns an official activity of the city, county, district, or other area or of any governing body, board, commission, officer, agency, or court thereof, or if the subject of the advertisement concerns particularly the people of the city, county, district, or other area;

(2) "Advertisement" means any matter required by law to be published; and

(3) "Zoned edition" means a newspaper edition published at least once a week, distributed in a specific geographic region of the newspaper's circulation area, and containing reporting and advertising of interest to subscribers in that geographic region.

HISTORY: 1992 c 9, § 1, eff. 7-14-92; 1960 c 168, § 1; 1958 c 42, § 1

NOTES OF DECISIONS

In general 1Advertisement 3Circulation 2Financial report 4

1. In general

This statute repealed all conflicting statutes dealing with legal notices. Lyon v. Warren County (Ky. 1959) 325 S.W.2d 302.

There is no ambiguity in this statute and publication must be made as specified by it. (Annotation from former KRS 61.290.) Cooper v. Kentuckian Citizen (Ky. 1953) 258 S.W.2d 695.

This section, insofar as a city of the second class is governed by the commission form of government, is superseded by KRS 89.650 (KS 3235dd-39). (Annotation from former KRS 61.290.) Washburn v. Paducah Newspapers (Ky. 1938) 275 Ky. 527, 121 S.W.2d 911.

The publication of the statement to be made by the sheriff is to be considered an expense of the office and as such is paid from the fees and commissions collected by the sheriff. (Annotation from former KRS 61.290.) 1958 OAG 41464.

2. Circulation

The newspaper with the largest paid circulation in a county is entitled to publish the county treasurer's report, even if a competing newspaper also located in the county has a greater overall circulation; as KRS 424.220 requires financial matters of this type to be published for the purpose of informing the public of the financial activities of local governments, any latent ambiguity in the statute must be construed to promote its objective of providing notice to the largest number of affected persons. Whitley Whiz, Inc. v. Whitley County By and Through Whitley County Fiscal Court (Ky. 1991) 812 S.W.2d 149.

This section is not repealed by implication by KRS 68.370 nor does it repeal by implication KRS 68.070. It is the duty of the fiscal court and the county treasurer acting in conjunction with each other to publish the financial statement in the newspaper having the largest circulation in the county and in the detail prescribed by this section. (Annotation from former KRS 61.290.) Nichols v. Rogers (Ky. 1942) 292 Ky. 428, 166 S.W.2d 867.

Publication must be in the newspaper having the largest circulation in the entire county. (Annotation from former KRS 61.290.) Providence Pub. Co. v. Hearin (Ky. 1938) 272 Ky. 374, 114 S.W.2d 492.

If the only two daily newspapers in the county school district both claim to have the largest bona fide circulation, and neither admits the greater circulation of the other, it is suggested that the board secure from both newspapers affidavits as to the number of paid subscribers to each newspaper and follow the provisions of KRS 424.010 wherein the definition of "bona fide circulation" is set out and certain other limitations are placed upon newspapers to be considered for the publication of annual statement or audit. (Annotation from former KRS 61.290.) 1956 OAG

38586.

A newspaper's statement of ownership under KRS 424.120(1)(d) does not control the determination of the bona fide paid circulation of the newspaper within a given publication area. OAG 95-28.

3. Advertisement

City's failure to provide, in publication of its ordinance proposing annexation, the time and place where protest could be made would nullify its attempt to obtain constructive service of process, required by statute. City of Jeffersontown v. City of Hurstbourne (Ky.App. 1984) 684 S.W.2d 23. Municipal Corporations Key Number graphic 33(4)

Resolution of school board approving payment of approximately $550 for paint and other merchandise was a sufficient ratification, and payment was legal, where items purchased without competitive bidding fell within several categories, no one of which involved more than $500, and an official order or resolution duly adopted by the board without advertising for competitive bidding was all that was necessary to a valid authorization of each purchase in the first instance. Board of Ed. of Floyd County v. Hall (Ky. 1962) 353 S.W.2d 194. Schools Key Number graphic 80(2); Schools Key Number graphic 82(2)

A county must publish in a newspaper certain legal notices as required by statute. The qualifications of a newspaper for that purpose are determined under KRS 424.120. Letcher county ads must be published in one of two newspapers located in that county, depending upon the largest bona fide circulation. OAG 84-30.

When the fiscal court meticulously complies with the mandatory provisions of KRS 61.290 in publishing the final annual settlement of the sheriff with that court (which the sheriff is required to make under KRS 134.310 in October of each year of his term, except the last year when it is made after his term ends) this publication is a substantial compliance with KRS 61.290, and the sheriff does not have to make a separate advertisement of the same facts that are set forth in that annual statement. (Annotation from former KRS 61.290.) 1957 OAG 39983.

4. Financial report

Cities of the fifth class must publish ordinances in a newspaper located in the county if none exists in the city. OAG 62-546.

In view of the requirement that the date of each disbursement be shown, it is mandatory that monthly payments for telephone, electricity, water, etc., for the county judge's office and courthouse be itemized rather than listing them by a yearly total. (Annotation from former KRS 61.290.) 1957 OAG 40229.

Circuit court clerk is not required to publish an annual financial statement. (Annotation from former KRS 61.290.) 1957 OAG 39983.

County court clerks and circuit court clerks are not required to publish an annual financial statement. (Annotation from former KRS 61.290.) 1957 OAG 39549.

Receipts and disbursements from funds of a municipal water or electric plant owned by a city in a class other than the first class should be included in the financial statement published by the city under the provisions of this section in the same way and manner as taxes collected by the city. (Annotation from former KRS 61.290.) 1956 OAG 39236.

Where newspaper is the only one in a city it must carry the school financial report. The fact that the newspaper's general manager is, or possibly may become, a member of such board is immaterial. In general, the disqualifying interest of a school board member must be pecuniary or proprietary. (Annotation from former KRS 61.290.) 1956 OAG 38990.

There is no provision requiring the publication of the annual or any other audit of a municipal utility plant. (Annotation from former KRS 61.290.) 1955 OAG 37505.

It is incumbent upon each officer having in his custody public funds to comply with the requirement of an annual audit. The city has the legal right to require this to be done. (Annotation from former KRS 61.290.) 1955 OAG 35995.

Under KRS 92.405 and 61.290 it is the responsibility of a city of the fourth class to publish the receipts and expenditures of municipal board of water commissioners. (Annotation from former KRS 61.290.) 1955 OAG 37435.

424.120 Qualifications of newspapers

(1) Except as provided in subsection (2) of this section, if an advertisement for a publication area is required by law to be published in a newspaper, the publication shall be made in a newspaper that meets the following requirements:(a) It shall be published in the publication area. A newspaper shall be deemed to be published in the area if it maintains its principal office in the area for the purpose of gathering news and soliciting advertisements and other general business of newspaper publications, and has a periodicals class mailing permit issued for that office. A newspaper published outside of Kentucky shall not be eligible to carry advertisements for any county or publication area within the county, other than for the city in which its main office is located, if there is a newspaper published in the county that has a substantial general circulation throughout the county and that otherwise meets the requirements of this section; and(b) It shall be of regular issue and have a bona fide circulation in the publication area. A newspaper shall be deemed to be of regular issue if it is published at least once a week, for at least fifty (50) weeks during the calendar year as prescribed by its mailing permit, and has been so published in the area for the immediately preceding two (2) year period. A newspaper meeting all the criteria to be of regular issue, except publication in the area for the immediately preceding two (2) year period, shall be deemed to be of regular issue if it is the only paper in the publication area and has a paid circulation equal to at least ten percent (10%) of the population of the publication area. A newspaper shall be deemed to be of bona fide circulation in the publication area if it is circulated generally in the area, and maintains a definite price or consideration not less than fifty percent (50%) of its published price, and is paid for by not less than fifty percent (50%) of those to whom distribution is made; and(c) It shall bear a title or name, consist of not less than four (4) pages without a cover, and be of a type to which the general public resorts for passing events of a political, religious, commercial, and social nature, and for current happenings, announcements, miscellaneous reading matter, advertisements, and other notices. The news content shall be at least twenty-five percent (25%) of the total column space in more than one-half (1/2) of its issues during any twelve (12) month period.(d) If, in a publication area there is more than one (1) newspaper which meets the above requirements, the newspaper having the largest bona fide paid circulation as shown by the average number of paid copies of each issue as shown in its published statement of ownership as filed on October 1 for the publication area shall be the newspaper where advertisements required by law to be published shall be carried.(e) For the purposes of KRS Chapter 424, publishing shall be considered as the total recurring processes of producing the newspaper, embracing all of the included contents of reading matter, illustrations, and advertising enumerated in paragraphs (a) through (d) of this subsection. A newspaper shall not be excluded from qualifying for the purposes of legal publications as provided in this chapter if its printing or reproduction processes take place outside the publication area.

(2) (a) If, in the case of a publication area smaller than the county in which it is located, there is no newspaper published in the area, the publication shall be made in a newspaper published in the county that is qualified under this section to publish advertisements for the county. If the qualified newspaper publishes a zoned edition which is distributed to regular subscribers within the publication area, any advertisement required by law to be published in the publication area may be published in the zoned edition distributed in that area.(b) If, in any county there is no newspaper meeting the requirements of this section for publishing advertisements for that county, any advertisements required to be published for the county or for any publication area within the county shall be published in a newspaper of the largest bona fide circulation in that county published in and qualified to publish advertisements for an adjoining county in Kentucky. This subsection is intended to supersede any statute that provides or contemplates that newspaper publication may be dispensed with if there is no newspaper printed or published or of general circulation in the particular publication area.

(3) If a publication area consists of a district, other than a city, which extends into more than one (1) county, the part of the district in each county shall be considered to be a separate publication area for the purposes of this section, and an advertisement for each separate publication area shall be published in a newspaper qualified under this section to publish advertisements for the area.

HISTORY: 2006 c 8, § 3, eff. 7-12-06; 1992 c 9, § 2, eff. 7-14-92; 1984 c 201, § 1; 1982 c 430, § 3, c 180, § 1; 1960 c 168, § 1; 1958 c 42, § 2

NOTES OF DECISIONS

In general 1County newspapers 4Free publications 3Newsstand copies 5Paid circulation 2

1. In general

Substantial compliance in regard to publication is all that is required; therefore, when the initiation of a sewer project received considerable publicity, the purpose of the notification statute was met, although notice was not published in the newspaper with the greatest circulation. Conrad v. Lexington-Fayette Urban County Government (Ky. 1983) 659 S.W.2d 190, appeal dismissed 104 S.Ct. 1698, 466 U.S. 919, 80 L.Ed.2d 172.

The U.S. Postal Service's decision to redesignate "second class" mail as "periodicals" constitutes a ministerial change and such change does not affect the eligibility requirement for obtaining a permit under KRS 424.120 and such section should now be read as requiring a "periodicals" mailing permit. OAG 97-16.

A county hospital must publish an annual financial statement by paid advertisement in a local newspaper. A newspaper may publish other information from the records of the hospital as news items without cost to the hospital. OAG 82-608.

Mayor cannot contract with city for office supplies and equipment, but ownership of newspaper would probably not disqualify publication of public notices in his paper that qualifies under KRS Ch 424. OAG 66-18.

All ordinances must be published in newspaper rather than handbills as required by KRS Ch 424. 1960 OAG 55.

2. Paid circulation


A newspaper's statement of ownership under KRS 424.120(1)(d) does not control the determination of the bona fide paid circulation of the newspaper within a given publication area. OAG 95-28.

A fiscal court, in determining which newspaper in the county has the greatest bona fide circulation for purposes of legal notices, may use any reasonable means to effect that purpose, including sworn testimony and filing of affidavits. OAG 82-90.

A judgment determining the largest bona fide circulation of one newspaper as against another is good only until the second newspaper can prove its bona fide circulation is the largest; the statutory qualification does not require one newspaper to have the largest paid circulation in the publication area, only that the circulation price is paid by not less than fifty per cent of those to whom distribution is made. OAG 65-859.

Fiscal court determines for purpose of advertising delinquent taxes, the paper having largest bona fide circulation, from the best information available to it, and can request that the newspapers file statements. OAG 64-399.

A newspaper owning two publications can qualify for printing ballot's facsimile only on the basis of the circulation of one paper. However, where the contract was awarded in error and the ballot advertisement published, the fiscal court is liable for the cost. OAG 62-231.

A weekly newspaper having a larger number of subscribers than any other daily paper distributed locally would qualify under the provisions of KRS 92.405 to publish city ordinances, resolutions, notices, etc. (Annotation from former KRS 424.010.) 1956 OAG 37860.

3. Free publications

A school district's annual performance report required pursuant to KRS 150.690 cannot be published in a newspaper that is distributed free; publication of the report is governed by KRS 424.120, relating to qualifications of newspapers for legal notices. OAG 86-72.

Free copies of newspapers distributed cannot be counted toward "bona fide circulation," except those copies sent to correspondents, advertisers or advertising agencies within the publication area as defined in the act. 1958 OAG 41979.

4. County newspapers

Conviction of county treasurer for failure to publish financial statement in time and manner directed by statute was not sustained by evidence which failed to prove that newspaper in the county possessed the qualifications required by statute. Williams v. Com. (Ky. 1965) 392 S.W.2d 454. Counties Key Number graphic 102

The master commissioner of the Campbell circuit court is required to advertise master commissioner sales in the Campbell County Recorder newspaper unless otherwise agreed upon by the parties, or unless the appraised value of the property to be sold is less than $100. OAG 94-9.

Small cities with a publication area smaller than the county but that have no local newspaper must publish their legal notices in the daily newspaper distributed uniformly throughout the county and not in the weekly neighborhoods section of that newspaper. OAG 85-38.

A county must publish in a newspaper certain legal notices as required by statute. The qualifications of a newspaper for that purpose are determined under KRS 424.120. Letcher county ads must be published in one of two newspapers located in that county, depending upon the largest bona fide circulation. OAG 84-30.

Financial statement must be published in newspaper published in an adjoining county if none published in county meets statutory requirement which requires one-year publication. OAG 65-131.

Cities of the fifth class must publish ordinances in a newspaper located in the county if none exists in the city. OAG 62-546.

5. Newsstand copies

Since the 1958 act does not define "bona fide circulation," until the court construes it otherwise, the phrase would include copies of newspapers sold on newsstands, as well as those delivered by newsboys. 1958 OAG 41892.

"Bona fide circulation" does not include those newspapers sold through newsstands. (Annotation from former KRS 424.010.) 1957 OAG 40563.

424.130 Times and periods of publication; posting of delinquent tax lists

(1) Except as otherwise provided in KRS 424.110 to 424.370 and notwithstanding any provision of existing law providing for different times or periods of publication, the times and periods of publications of advertisements required by law to be made in a newspaper shall be as follows:(a) When an advertisement is of a completed act, such as an ordinance, resolution, regulation, order, rule, report, statement, or certificate and the purpose of the publication is not to inform the public or the members of any class of persons that they may or shall do an act or exercise a right within a designated period or upon or by a designated date, the advertisement shall be published one (1) time only and within thirty (30) days after completion of the act. However, a failure to comply with this paragraph shall not subject a person to any of the penalties provided by KRS 424.990 unless such failure continues for a period of ten (10) days after notice to comply has been given him by registered letter.(b) When an advertisement is for the purpose of informing the public or the members of any class of persons that on or before a certain day they may or shall file a petition or exceptions or a remonstrance or protest or objection, or resist the granting of an application or petition, or present or file a claim, or submit a bid, the advertisement shall be published at least once, but may be published two (2) or more times, provided that one (1) publication occurs not less than seven (7) days nor more than twenty-one (21) days before the occurrence of the act or event.(c) When an advertisement is for the purpose of informing the public and the advertisement is a notice of delinquent taxes, or notice of the sale of tax claims, the advertisement shall be published once, preceded by a one-half (1/2) page notice of advertisement the preceding week. The one-half (1/2) page advertisement shall include notice that a list of uncollectible delinquent taxes is also available for public inspection in accordance with KRS 424.330 during normal business hours at the business address of the city or county and on an identified Internet Web site. The advertisement shall include the business address of the city or county and the Uniform Resource Locator (URL) for the Internet Web site where the document can be viewed. The Internet Web site shall be affiliated with the city or county and contain other information about the city or county government. The delinquent tax list shall be posted on the Internet Web site for a minimum of thirty (30) days and shall be updated weekly. The provisions of this paragraph shall not be construed to require the advertisement of notice of delinquent state taxes which are collected by the state.(d) Any advertisement not coming within the scope of paragraph (a), (b), or (c) of this subsection, such as one for the purpose of informing the public or the members of any class of persons of the holding of an election, or of a public hearing, or of an examination, or of an opportunity for inspection, or of the due date of a tax or special assessment, shall be published at least once but may be published two (2) or more times, provided that one (1) publication occurs not less than seven (7) days nor more than twenty-one (21) days before the occurrence of the act or event, or in the case of an inspection period, the inspection period commences.(e) If the particular statute requiring that an advertisement be published provides that the day upon or by which, or the period within which, an act may or shall be done or a right exercised, or an event may or shall take place, is to be determined by computing time for the day of publication of an advertisement, the advertisement shall be published at least once, promptly, in accordance with the statute, and the computation of time shall be from the day of initial publication.

(2) This section is not intended to supersede or affect any statute providing for notice of the fact that an adversary action in court has been commenced.

HISTORY: 2006 c 8, § 4, eff. 7-12-06; 2002 c 346, § 231, eff. 7-15-02; 1988 c 32, § 1, eff. 7-15-88; 1960 c 168, § 1; 1958 c 42, § 3

NOTES OF DECISIONS

In general 1Annexation 2Judicial sales 5Time of publication 4Zoning changes 3

1. In general

Failure to strictly comply with the mandates of KRS 81.050 and 424.130 regarding the publishing of a notice to incorporate a municipality deprives a trial court of jurisdiction to enter a judgment incorporating that city. City of Okolona v. Lindsey (Ky. 1986) 706 S.W.2d 835.

The four-year waiting period for election changing form of government of Jefferson County fiscal court did not apply to holding of a new election following voiding of prior election for failure to comply with statutory notice requirements, because a void election is the same as no election. Robinson v. Ehrler (Ky. 1985) 691 S.W.2d 200. Counties Key Number graphic 20

News articles cannot be substituted for notices required to be published. Vincent v. City of Bowling Green (Ky. 1961) 349 S.W.2d 694.

Substantial compliance with this statute is sufficient and a distinction should be made between special and regular elections. Lyon v. Warren County (Ky. 1959) 325 S.W.2d 302.

Where there is a choice as to publication, KRS 424.190 and 424.130 apply regarding newspaper publication. OAG 63-983.

In the consolidation of precincts notices are to be published as required by KRS 424.130(1)(a), not 116.190. OAG 60-823.

2. Annexation

When a city passes an annexation ordinance, it must publish a simple notice conforming to KRS 424.130 and 424.140 informing the public of its right to protest the action within sixty days of publication of the ordinance. Merritt v. City of Campbellsville (Ky.App. 1984) 678 S.W.2d 788.

Where a city passes an annexation ordinance and publishes it as required by KRS 83A.060 and several weeks later causes the text of the notice plus a verbatim recitation of KRS 81A.420 to be published as the notice of the right to oppose the annexation, the ordinance is invalid because the verbatim publication of KRS 81A.420 was insufficient notice to inform the general public of the time frame required for protesting the annexation. Merritt v. City of Campbellsville (Ky.App. 1984) 678 S.W.2d 788.

Notice of filing of annexation petition must be published not more than twenty-one days before the expiration of time to remonstrate as fixed by the notice. City of St. Matthews v. Beha (Ky.App. 1977) 549 S.W.2d 842. Municipal Corporations Key Number graphic 33(4)

This statute governs the notice to be given of annexation ordinances. Vincent v. City of Bowling Green (Ky. 1961) 349 S.W.2d 694.

3. Zoning changes

Notice published on Sunday that hearing would be held by zoning board of adjustment in ten days to pass on application for permission to erect a 988- foot wireless transmitting television tower was sufficient to owner of land 500 feet away, under statute providing that notwithstanding any provision of law for a different time or period of publication, when advertisement is to inform public that on or before a certain day they may or shall resist application the advertisement shall be published at least once not less than 7 nor more than 21 days before occurrence of the act or event. Oeth v. Felty (Ky. 1967) 421 S.W.2d 860. Sunday Key Number graphic 30(3); Zoning And Planning Key Number graphic 434

County magisterial reapportionment requires that the fiscal court publish notice of the planned reapportionment in accordance with KRS Ch 424. OAG 82-354.

Where a city partially or generally revised its zoning regulations and map, the general publication of notice per KRS Ch 424 was sufficient, and individual notice was not required. OAG 82-84.

The legal notice required in the justices' districts reapportionment must include the whole timetable of events if the notice to citizens generally is to be effective. OAG 79-552.

4. Time of publication

The provisions of KRS 424.130(1)(a) apply as to the number of times that the facsimile of the ballot is to be published. 1959 OAG 43746.

The provisions of KRS 424.130 cannot be substituted for the mandatory provisions of section 257 of the constitution, and likewise cannot have the effect of repealing KRS 118.430(1); therefore the publication of proposed amendments must be made ninety days before the election in order to meet the constitutional requirements. 1959 OAG 43527.

A final settlement of administration of an estate is required to be published once a week for three successive weeks in the newspaper of regular issue having the largest bona fide circulation in the county and which meets the other requirements of the statute. 1959 OAG 43559.

5. Judicial sales

The time within which a publication is required does not apply to publication of a notice of intention to apply for a license. Palmer-Ball v. Esquire Liquors, Inc. (Ky. 1973) 490 S.W.2d 472.

The constitution requires that proposed utility franchise ordinance to be advertised for bids prior to enactment which then must be readvertised. OAG 79-303.

Publication of judicial sales is controlled by KRS 424.130 rather than KRS 426.560. OAG 66-769.

424.140 Contents or form of advertisements

(1) Any advertisement of a hearing, meeting or examination shall state the time, place and purpose of the same.

(2) Any advertisement of an election shall state the time and purpose of the election, and if the election is upon a public question the advertisement shall state the substance of the question.

(3) Any advertisement for bids or of a sale shall describe what is to be bid for or sold, the time and place of the sale or for the receipt of bids, and any special terms of the sale.

(4) Where any statute provides that, within a specified period of time after action by any governmental agency, unit or body, members of the public or anyone interested in or affected by such action shall or may act, and it is provided by statute that notice of such governmental action be published, the advertisement shall state the time and place when and where action may be taken.

HISTORY: 1960 c 168, § 1, eff. 6-16-60; 1958 c 42, § 4

NOTES OF DECISIONS

In general 1Annexation 3Elections 2

1. In general

In proceeding on petition for incorporation of sixth class city, petitioners' failure to set out the date for a hearing in their notice was a jurisdictional defect. Cole v. Stephens (Ky.App. 1979) 582 S.W.2d 657. Municipal Corporations Key Number graphic 12(6)

2. Elections

Election returning Jefferson County fiscal court from a commissioner to a magisterial form of government was void for failure to comply with statutory requisites concerning newspaper publication, hand bill notice and timeliness of order calling the election. Robinson v. Ehrler (Ky. 1985) 691 S.W.2d 200. Counties Key Number graphic 20

Where advertisement pertaining to local option liquor election stated that election was to be held on certain date between specified hours to take sense of voters upon question of whether sale of alcoholic beverages within precinct should continue to be permitted, election was not invalid on basis that advertisement had not contained substance of question to be voted on as required by statute. McDonald v. Whallen (Ky. 1967) 415 S.W.2d 840. Intoxicating Liquors Key Number graphic 33(3)

3. Annexation

When a city passes an annexation ordinance, it must publish a simple notice conforming to KRS 424.130 and

424.140 informing the public of its right to protest the action within sixty days of publication of the ordinance. Merritt v. City of Campbellsville (Ky.App. 1984) 678 S.W.2d 788.

Where a city passes an annexation ordinance and publishes it as required by KRS 83A.060 and several weeks later causes the text of the notice plus a verbatim recitation of KRS 81A.420 to be published as the notice of the right to oppose the annexation, the ordinance is invalid because the verbatim publication of KRS 81A.420 was insufficient notice to inform the general public of the time frame required for protesting the annexation. Merritt v. City of Campbellsville (Ky.App. 1984) 678 S.W.2d 788.

Notice of filing of petition for annexation which fails to give times within which remonstrants could respond to the petition for annexation is defective. Wakefield v. City of Shelbyville (Ky.App. 1978) 563 S.W.2d 756.

In the absence of a showing of prejudice, a defect in the publication of the notice of the commencement of the annexation proceeding is not grounds for dismissal of the proceeding. Wakefield v. City of Shelbyville (Ky.App. 1978) 563 S.W.2d 756.

Publication of notice of filing of annexation suit more than 21 days before date fixed in advertisement as last day to remonstrate invalidated the annexation. City of St. Matthews v. Beha (Ky.App. 1977) 549 S.W.2d 842. Municipal Corporations Key Number graphic 33(4).

424.150 Person responsible for publishing

When any statute providing for newspaper publication of an advertisement does not designate the person responsible for causing the publication to be made, the responsible person shall be:

(1) Where the advertisement is of the filing of a petition or application, the person by whom the same is filed;

(2) Where the advertisement is of an activity or action of:(a) An individual public officer, the officer himself;(b) A city, the city clerk if there be one; if not, the mayor;(c) A county, the county clerk;(d) A district, or a board, commission or agency of a city, county or district, the chief administrative or executive officer or agent thereof;(e) A court, the clerk thereof;(f) A state department or agency, the head thereof.

HISTORY: 1986 c 23, § 15, eff. 7-15-86; 1978 c 384, § 525; 1960 c 168, § 1; 1958 c 42, § 5

424.160 Rates for newspaper advertising required by law

(1) For all newspaper advertising required by law, the publisher is entitled to receive payment for each insertion at a rate per column inch. The advertisement shall be set in no larger than seven (7) point type on solid leading. The rate shall not exceed the lowest noncontract classified rate paid by advertisers. The terms and conditions of any volume discounts given to commercial customers shall be extended to public agencies of the Commonwealth of Kentucky. Newspapers shall give all local public agencies a written notice of at least thirty (30) days of an advertising rate increase.

(2) If by law or by the nature of the matter to be published, a display form of advertisement is required, or if the person or officer responsible for causing an advertisement to be published determines in his discretion that a display form is practicable or feasible, and so directs the newspaper, the advertisement shall be published in display form and the newspaper shall be entitled to receive its established display rate.

(3) If it is provided by statute that an advertisement shall be published of the filing of a petition or application seeking official action, the filing, if required by other than a governmental official or agency, shall not be deemed complete unless there is deposited with the petition or application an amount sufficient to pay the cost of publication.

(4) The expense of advertisements in judicial proceedings shall be taxed as costs by the clerk of the court.

HISTORY: 2006 c 8, § 5, eff. 7-12-06; 1992 c 396, § 1, eff. 7-14-92; 1982 c 430, § 4; 1960 c 168, § 1; 1958 c 42, § 6

NOTES OF DECISIONS

In general 1

News item 2Point type size 3

1. In general

Charge for advertising a commissioner's sale held too much under the provisions of this section. (Annotation from former KRS 424.030.) Cornett v. Muncy (Ky. 1929) 228 Ky. 390, 15 S.W.2d 251.

The rate of compensation for advertising allowed by this section is a fair standard for rates for advertisements of sales of real estate in equity receivership. (Annotation from former KRS 424.030.) Thornton v. Gault (E.D.Ky. 1937) 18 F.Supp. 112. Receivers Key Number graphic 154(1)

2. News item

Fact that public was kept informed step-by-step with annexation procedure through media of news items on first page of daily newspaper did not constitute substantial compliance with statutory provisions for publication of ordinance. Vincent v. City of Bowling Green (Ky. 1961) 349 S.W.2d 694. Municipal Corporations Key Number graphic 110


3. Point type size

Governmental matter to be advertised should not be printed in a point type smaller than 8 point; and the actual rate for publishing such material must be based upon the space required by 8 point type, even if a larger type is used. OAG 77-141.

424.170 Proof of publication

(1) The affidavit of the publisher or proprietor of a newspaper, stating that an advertisement has been published in his newspaper and the times it was published, attached to a copy of the advertisement, constitutes prima facie evidence that the publication was made as stated in the affidavit.

(2) The affidavit of the person responsible for publishing as described in KRS 424.150, stating that an advertisement has been delivered by first class mail to each residence within the publication area, attached to a copy of the advertisement, constitutes prima facie evidence that the publication was made as stated in the affidavit and that the expenditure for the cost of postage, all supplies, and reproduction of the advertisement did not exceed the cost of newspaper publication of the advertisement.

HISTORY: 1982 c 430, § 5, eff. 7-15-82; 1958 c 42, § 7

424.180 Advertisements of state agencies

Any advertisement which a state officer, department or agency is required by law to have published shall, if intended to give statewide notice, be published in such newspaper or newspapers, to be designated by the Finance and Administration Cabinet, as will provide reasonable statewide coverage, unless the Finance and Administration Cabinet approves an alternative and cost-effective method of delivery. If the advertisement particularly affects a local area, it shall be published, for each county in the area, in a newspaper qualified under KRS 424.120 to publish advertisements for such county, unless the Finance and Administration Cabinet approves an alternative and cost-effective method of delivery. The latter publication shall be in addition to the former, if the advertisement affects the state at large as well as the local area.

HISTORY: 2006 c 252, Part XXI, § 1, eff. 4-25-06; 1958 c 42, § 8, eff. 6- 19-58

424.190 Alternatives to newspaper publication abolished; exception; information required to be sent to Department for Local Government

(1) If a statute gives discretion to a public officer or agency or governmental body as to the method of making an advertisement required by the statute, and if a statute provides that an advertisement may be made either by

posting or by newspaper publication, the advertisement shall be made by newspaper publication in accordance with the provisions of this chapter, except as provided in subsection (2) of this section.

(2) Any city may, when the cost of the newspaper publication exceeds the cost of postage, supplies, and reproduction for the alternative method of publication, in lieu of newspaper publication of advertisement, substitute delivery of a copy of the advertisement by first class mail to each residence within the publication area. Any city electing to use the alternative publication methods authorized by this section shall forward three (3) copies of its audit report or one (1) copy of its financial statement, whichever is applicable, to the Kentucky Department for Local Government in accordance with KRS 91A.040 and 424.220.

HISTORY: 1998 c 69, § 78, eff. 7-15-98; 1992 c 34, § 2, eff. 7-14-92; 1990 c 52, § 2; 1982 c 430, § 6; 1958 c 42, § 9

NOTES OF DECISIONS

In general 1Mailing 2Publication 3

1. In general

The sheriff does not have discretion in choosing the method of advertisement for a local option election and is not only required to publish the order of the election in newspapers, but is also required to post handbills. Chumley v. Williams (Ky.App. 1982) 639 S.W.2d 557. Intoxicating Liquors Key Number graphic 33(3)

City audit is required only after the expiration of a legislative term. A city also has alternative audit and publication procedures. OAG 82-350.

Where there is a choice as to publication, KRS 424.190 and 424.130 apply regarding newspaper publication. OAG 63-983.

All ordinances must be published in newspaper rather than handbills as required by KRS Ch 424. 1960 OAG 55.

City ordinances must be published in newspaper rather than by posting. 1960 OAG 224.

2. Mailing

A fifth or sixth class city may mail to each resident a copy of an ordinance rather than publish the same in the newspaper when the cost of publication exceeds the cost of mailing. However, hand delivery of a copy of the ordinance would not satisfy the statute. OAG 82-551.

3. Publication

Publishing merely the "highlights" of an ordinance is insufficient, particularly with respect to zoning ordinances, and such ordinances must be published in full. 1959 OAG 42916.

424.195 Supplementation of printed notice by broadcast in certain cases

(1) Any official of the Commonwealth of Kentucky or any of its political subdivisions who is required by law to publish any legal notice or notice of event may supplement, not to exceed twelve (12) publications unless otherwise ordered by a court of competent jurisdiction thereof by use of radio or television spot announcements, or both, when, in his judgment, the public interest will be served thereby; except, that notices by political subdivisions may be made only by stations having a broadcast studio within the county of origin of the legal notice, and that broadcast notices shall call attention solely to published or posted notices required by statute.

(2) Each radio or television station broadcasting a legal notice or notice of event shall for a period of three (3) months subsequent to such broadcast retain at its office a copy of the transcript of the text of the notices actually broadcast and such shall be available for public inspection.

(3) The radio or television station which broadcasts the legal notice authorized by this section shall be entitled to receive payment of an amount equal to the customary charges of such station for such service.

(4) The publication of legal notices under this section shall be restricted to legal notices relating to those official acts of public officers requiring a final determination by order of any court of competent jurisdiction in the Commonwealth.

HISTORY: 1970 c 100, § 1, eff. 6-18-70

424.210 Official newspapers abolished

No official newspaper shall be designated by any governmental unit for the publication of advertisements for such unit.

HISTORY: 1958 c 42, § 11, eff. 6-19-58

424.215 Advertising by public agencies; rates charged

Notwithstanding KRS 65.070, 83A.060, 91A.040, 160.463, 424.180, 424. 190, 424.220, 424.230, 424.250, 424.260, 424.270, 424.330, any public agency required to advertise or publish notices or documents in a newspaper shall be charged the lowest rate generally charged for advertising by the newspaper.

HISTORY: 2005 c 106, § 11, eff. 6-20-05

424.220 Financial statements

(1) Excepting officers of a city of the first class or a consolidated local government, a county containing such a city or consolidated local government, a public agency of such a city, consolidated local government, or county, or a joint agency of such a city, consolidated local government, and county, or of a school district of such a city, consolidated local government, or county, and excepting officers of a city of the second class or an urban-county government, every public officer of any school district, city, consolidated local government, county, or subdivision, or district less than a county, whose duty it is to collect, receive, have the custody, control, or disbursement of public funds, and every officer of any board or commission of a city, consolidated local government, county, or district whose duty it is to collect, receive, have the custody, control, or disbursement of funds collected from the public in the form of rates, charges, or assessments for services or benefits, shall at the expiration of each fiscal year prepare an itemized, sworn statement of the funds collected, received, held, or disbursed by him during the fiscal year just closed, unless he has complied with KRS 424.230. Pursuant to subsections (2) and (3) of KRS 91A.040, each city of the sixth class shall prepare an itemized, sworn statement of the funds collected, received, held, or disbursed by the city which complies with the provisions of this section.

(2) The statement shall show:(a) The total amount of funds collected and received during the fiscal year from each individual source; and(b) The total amount of funds disbursed during the fiscal year to each individual payee. The list shall include only aggregate amounts to vendors exceeding one thousand dollars ($1,000).

(3) Only the totals of amounts paid to each individual as salary or commission and public utility bills shall be shown. The amount of salaries paid to all nonelected county employees shall be shown as lump-sum expenditures by category, including but not limited to road department, jails, solid waste, public safety, and administrative personnel.

(4) The amount of salaries paid to all teachers shall be shown as a lump-sum instructional expenditure for the school district and not by amount paid to individual teachers. The amount of salaries paid to all other employees of the board shall be shown as lump-sum expenditures by category, including but not limited to administrative, maintenance, transportation, and food service. The local board of education and the fiscal court shall have accessible a factual list of individual salaries for public scrutiny and the local board and the fiscal court shall furnish by mail a factual list of individual salaries of its employees to a newspaper qualified under KRS 424.120 to publish advertisements for the district, which newspaper may then publish as a news item the individual salaries of school or county employees.

(5) The officer shall procure and include in or attach to the financial statement, as a part thereof, a certificate from the cashier or other proper officer of the banks in which the funds are or have been deposited during the past year, showing the balance, if any, of funds to the credit of the officer making the statement.

(6) The officer shall, except in a city publishing its audit in accordance with KRS 91A.040(6), within sixty (60) days after the close of the fiscal year cause the financial statement to be published in full in a newspaper qualified under KRS 424.120 to publish advertisements for the city, county, or district, as the case may be. Promptly after the publication is made, the officer shall file a written or printed copy of the advertisement with proof of publication, in the office of the county clerk of the county and with the Auditor of Public Accounts.

(7) In lieu of the publication requirements of subsection (6) of this section, the appropriate officer of a city, including the appropriate officer of any municipally owned electric, gas, or water system, shall elect to satisfy the requirements of subsection (6) of this section by:(a) Publishing an audit report in accordance with KRS 91A.040(6); and(b) Publishing a legal display advertisement of not less than six (6) column inches in a newspaper qualified under KRS 424.120 that the statement required by subsection (1) of this section has been prepared and that copies have been provided to each local newspaper of general circulation, each news service, and each local radio and television station which has on file with the city a written request to be provided a statement. The advertisement shall be published within ninety (90) days after the close of the fiscal year.

(8) The appropriate officer of a county shall satisfy the requirements of subsection (6) of this section by publishing the county's audit, prepared in accordance with KRS 43.070 or 64.810, in the same manner that city audits are published in accordance with KRS 91A.040(6).

HISTORY: 2006 c 8, § 6, eff. 7-12-06; 2002 c 346, § 232, eff. 7-15- 02; 1998 c 69, § 79, eff. 7-15-98; 1990 c 52, § 3, eff. 7-13-90; 1988 c 32, § 2; 1984 c 277, § 1; 1982 c 430, § 7; 1978 c 384, § 526; 1976 c 71, § 1; 1962 c 170, § 1; 1960 c 168, § 1; 1958 c 42, § 12

NOTES OF DECISIONS

In general 1Boards, authorities and commissions 4Cities 2County agencies 6Districts 3Local departments 5

1. In general


In a prosecution against the county treasurer for failing to publish the report in the local newspaper, it must be shown that the newspaper possessed the required qualifications. Williams v. Com. (Ky. 1965) 392 S.W.2d 454.

"Person" as used in KRS 424.220 includes firms and corporations. 1960 OAG 786.

The responsibility for publication of financial statements is placed upon the individual officer, and the expense must be paid by such officer and constitutes an expense of the office. 1959 OAG 43232.

Since a circuit clerk is required by law to collect and have in his custody state funds under KRS 46.030 and fines and forfeitures under KRS 46.050, and collects other funds under various sections of the statutes, it is without question that he is subject to the provisions of KRS 424.220 and 424.230. 1958 OAG 41827.

2. Cities

Allegations in plaintiff's complaint that city board of trustees did not publish financial statements for city pursuant to statute, that they had not adopted and published budget pursuant to statute, that they had enacted ordinance providing for license fee which did not conform to requirements of statute, and that they had not advertised for bids to obtain facilities for city hall pursuant to statute, all had statutory remedies provided by legislature which conferred standing on citizens of governmental unit to bring actions to compel adherence to law by that unit. Fish v. Elliott (Ky.App. 1977) 554 S.W.2d 94. Municipal Corporations Key Number graphic 987

When a city publishes its financial statement instead of its audit report, it must do so sixty days after the audit report, not sixty days after the fiscal year's end. OAG 83-56.

A city of the sixth class must continue to prepare an audit and publish it under the terms of KRS 91A.040, subsection (7), (8) or (9). However, if the city qualifies under KRS 91A.041, it may publish a financial statement in lieu of an audit. OAG 82-384.

1982 H 429 [1982 Acts Ch 430], effective July 15, 1982, applies to municipal governments with respect to the publication requirements for financial statements for the fiscal year July 1, 1981 to June 30, 1982. OAG 82-353.

The officer of a third class city, entrusted with funds, must publish annual financial statement showing detailed vouchers relating to receipts and disbursements and the monthly and quarterly statements, in lieu of an annual

statement, are optional. OAG 66-297.

A city must report individually all expenditures in financial statement except lump sum payments to individuals as salary or commission or utility bills. OAG 64-129.

The city clerk or city treasurer is required to publish the amount of tax moneys received during fiscal year and the detailed disbursements thereof. 1959 OAG 42762.

Cities of the fifth class are required to publish their financial statements as well as ordinances and regulations, and posting heretofore permitted under KRS 87.050(3) is apparently forbidden. 1958 OAG 41760.

3. Districts

KRS 65.070, relating to publication of financial statements, does not apply to a district health department. The financial statement provisions of KRS 424.220 do apply to a district health department. OAG 85-45.

A district health department is not a taxing district; thus, a summary financial statement under KRS 65.070 does not apply. KRS 424.220 (financial statement) does not apply to a district health department. OAG 84- 335.

A hospital district organized pursuant to the provisions of KRS 216.310 to 216.360 is required to publish an annual statement consistent with the requirements of KRS 65.070(1)(c) in lieu of the annual financial statement required by KRS 424.220. OAG 82-631.

A fire protection district now is required to publish an annual financial statement consistent with the requirements of KRS 65.070(1)(c) in place of the annual financial statement formerly required by KRS 424.220. OAG 80- 627.

A water district organized under KRS Ch 74 is subject to the provisions of KRS 424.220 which requires publication of an annual financial statement. 1958 OAG 41971.

4. Boards, authorities and commissions

A riverport authority must publish its annual financial statement pursuant to KRS 424.220. OAG 83-392.

A joint city-county parks and recreation board is not required by statute to have its accounts audited, but under KRS 424.220, it is required to publish an annual financial statement. OAG 83-327.

City board and commission must publish financial statements in detail; publication of an audit report is insufficient. 1960 OAG 794.

Municipal housing commission as a state agency is not subject to requirements of Publication Act relating to local commissions. OAG 60-486.

In view of the provisions of KRS 215.310, KRS 424.220 applies to a financial statement of a board of trustees of a county tuberculosis sanitorium district; but the treasurer of the board could, under KRS 424.320, elect to publish the quarterly statements made pursuant to KRS 215.340 in lieu of the annual statements required by KRS 424.220. 1959 OAG 43148.

A water plant board operated under the provisions of KRS 96.171 etc. is required to publish a financial statement under the terms of KRS 424.220 (1958 c 42). 1958 OAG 41680.

City water, sewer and sanitation commission is required to publish a financial statement, either under the provisions of KRS 424.220 (1958 c 42) or under the provisions of KRS 92.405. 1958 OAG 41680.

5. Local departments

A local health department must publish an individualized itemized financial statement in accordance with KRS 424.220 unless it falls within an exception to the statute. An exception to the statute exists for a local health department which is co-extensive with the local health taxing district pursuant to KRS 65.070. OAG 80-325.

A local health department whose funds are subject to the control of the Kentucky state health department are exempt from publication requirements as to state and federal funds; a statement of funds raised locally must be published. OAG 64-330.

6. County agencies


The county attorneys of Kentucky are not required to file a financial statement under KRS 424.220. The auditing of the county attorney's books is adequate in disclosing the specifics of his official operation. OAG 81-168.

A county hospital is required to publish a financial statement, and it must include the total amount of hospital fees or charges received, without detailing the names of the patients paying the fees. OAG 73-308.

There is no statutory basis authorizing additional compensation for a county treasurer for preparing and causing publication of the annual financial statement since it is a part of his statutory duties. OAG 65-100.

County treasurer is required to file financial statement on behalf of county and the fiscal court is required to pay publication cost; violation of KRS 424.220 is a misdemeanor for which prosecution must be begun within one year after offense, the date of the offense being the sixtieth day after close of fiscal year. OAG 64-627.

Filing of financial statement by county treasurer with fiscal court, county judge and county clerk does not dispense with publication requirements of KRS 424.220. OAG 64-627.

The county attorney is an officer within the contemplation of KRS 424.220 and must publish annually his financial statement. 1958 OAG 42074.

424.230 Optional monthly or quarterly statements

Any officer who is subject to the provisions of KRS 424.220 may elect to prepare and publish monthly or quarterly statements, in lieu of the annual statements required by KRS 424.220. All of the provisions of KRS 424.220 shall be applicable to such a monthly or quarterly statement except that (1) the statement shall cover only the preceding month or quarter, as the case may be, and (2) the publication shall be made within thirty (30) days after the end of the month or quarter, as the case may be. Any officer who has elected to proceed under this section shall not be exempted from the requirements of KRS 424.220 for any fiscal year unless he has caused to be prepared and published, in accordance with this section, a proper statement for each month or quarter of the fiscal year.

HISTORY: 1958 c 42, § 13, eff. 6-19-58

424.240 County or city budget

Immediately following the adoption of an annual budget by any county or city other than one of the first class or a consolidated local government, the clerk shall cause a summary of the budget or the text of the budget ordinance to be advertised for the county, consolidated local government, or city by publication in a newspaper.

HISTORY: 2002 c 346, § 233, eff. 7-15-02; 1984 c 201, § 2, eff. 7-13-84; 1960 c 168, § 1; 1958 c 42, § 14

424.250 School district budget

At the same time that copies of the budget of a school district are filed with the clerk of the tax levying authority for the district, as provided in KRS 160.470, the board of education of the district shall cause the budget to be advertised for the district by publishing a copy of the budget in a newspaper.

HISTORY: 1958 c 42, § 15, eff. 6-19-58

424.260 Bids for materials, supplies, equipment, or services

(1) Except where a statute specifically fixes a larger sum as the minimum for a requirement of advertisement for bids, no city, county, or district, or board or commission of a city or county, or sheriff or county clerk, may make a contract, lease, or other agreement for materials, supplies except perishable meat, fish, and vegetables, equipment, or for contractual services other than professional, involving an expenditure of more than twenty thousand dollars ($20,000) without first making newspaper advertisement for bids.

(2) If the fiscal court requires that the sheriff or county clerk advertise for bids on expenditures of less than twenty thousand dollars ($20,000), the fiscal court requirement shall prevail.

(3) (a) Nothing in this statute shall limit or restrict the ability of a local school district to acquire supplies and equipment outside of the bidding procedure if those supplies and equipment meet the specifications of the contracts awarded by the Office of Material and Procurement Services in the Office of the Controller within the Finance and Administration Cabinet or a federal, local, or cooperative agency and are available for purchase elsewhere at a lower price. A board of education may purchase those supplies and equipment without advertising for bids if, prior to making the purchases, the board of education obtains certification from the district's finance or purchasing officer that the items to be purchased meet the standards and specifications fixed by state price contract, federal (GSA) price contract, or the bid of another school district whose bid specifications allow other districts to utilize their bids, and that the sales price is lower than that established by the various price contract agreements or available through the bid of another school district whose bid specifications would allow the district to utilize their bid.(b) The procedures set forth in paragraph (a) of this subsection shall not be available to the district for any specific item once the bidding procedure has been initiated by an invitation to bid and a publication of specifications for that specific item has been published. In the event that all bids are rejected, the district may again avail itself of the provisions of paragraph (a) of this subsection.

(4) This requirement shall not apply in an emergency if the chief executive officer of the city, county, or district has duly certified that an emergency exists, and has filed a copy of the certificate with the chief financial officer of the city, county, or district, or if the sheriff or the county clerk has certified that an emergency exists, and has filed a copy of the certificate with the clerk of the court where his necessary office expenses are fixed pursuant to KRS 64.345 or 64.530, or if the superintendent of the board of education has duly certified that an emergency exists, and has filed a copy of the certificate with the chief state school officer.

(5) The provisions of subsection (1) of this section shall not apply for the purchase of wholesale electric power for resale to the ultimate customers of a municipal utility organized under KRS 96.550 to 96.900.

HISTORY: 2005 c 85, § 696, eff. 6-20-05; 2000 c 510, § 3, c 5, § 11, c 225, § 3, eff. 7-14-00; 1996 c 89, § 5, eff. 7-15-96; 1992 c 178, § 1, eff. 7-14-92; 1990 c 95, § 1; 1982 c 282, § 4; 1978 c 197, § 12; 1974 c 97, § 1; 1972 c 147, § 1; 1960 c 168, § 1; 1958 c 42, § 16

NOTES OF DECISIONS

In general 1Cities 7Counties 8Insurance contracts 5Multiple items 10Procedural issues 2Professional services 9Public authorities 11School districts 6Statutory amount 3Utilities 4

1. In general

Statute does not require acceptance of lowest and best bid but requires only that the action of the fiscal court not be arbitrary nor tainted with fraud or collusion and is not an abuse of discretion. Handy v. Warren County Fiscal Court (Ky.App. 1978) 570 S.W.2d 663.

The provisions of KRS 162.070 that are in conflict with KRS 424.260 are repealed and superseded. Board of Ed. of Floyd County v. Hall (Ky. 1962) 353 S.W.2d 194.

2. Procedural issues

Allegations in plaintiff's complaint that city board of trustees did not publish financial statements for city pursuant to statute, that they had not adopted and published budget pursuant to statute, that they had enacted ordinance providing for license fee which did not conform to requirements of statute, and that they had not advertised for bids to obtain facilities for city hall pursuant to statute, all had statutory remedies provided by legislature which conferred standing on citizens of governmental unit to bring actions to compel adherence to law by that unit. Fish v. Elliott (Ky.App. 1977) 554 S.W.2d 94. Municipal Corporations Key Number graphic 987

The mailing of invitations to bid to all persons in the county, who have indicated a desire to sell to the government, substantially complies with this statute. Taylor v. Parker (Ky. 1957) 302 S.W.2d 125.

The courts are generally reluctant to compel performance of a contract on the basis of a bid containing a latent error where it would be financially disastrous for the bidder to undertake the contract, and where, by allowing the bidder to withdraw his, the public authority would suffer no damages other than the loss of the bargain. (See also

Floyd County Bd of Ed v Hooper (Ky 1961) 350 SW(2d) 629.) Board of Regents of Murray State Normal School v. Cole (Ky. 1925) 209 Ky. 761, 273 S.W. 508.

A contractor and a surety do not have a legal interest or standing to challenge a city's failure to comply with the statute requiring advertisement in the letting of a bid to another contractor. McGovney & McKee, Inc. v. City of Berea, Ky. (E.D.Ky. 1978) 448 F.Supp. 1049, affirmed 627 F.2d 1091.

A bid advertisement under KRS 424.260 must reasonably state the expected quantity of items purchased, either by stating the quantity to be purchased, the period of time over which a continuing procurement will be made, or some other reasonable basis. OAG 94-20.

3. Statutory amount

Whether a board of education must resort to competitive bidding when there is a change order in a school construction or repair contract depends more on the nature of the change than the amount of money involved. The one thousand dollar figure set out in KRS 424.260 is not determinative. OAG 62-845.

KRS 162.070 is impliedly repealed by the provisions of KRS 424.260. This means that the minimum amount required to be advertised for competitive bidding would be $500. It also follows that the maximum provision relating to independent school districts of cities of the first class, and in county school districts of counties containing a city of the first class, of $2,000 and $1,000 respectively, as specified in KRS 162.070 would be effective. 1958 OAG 41930.

4. Utilities

No law prohibits a metropolitan sewer district from adopting a "buy American" clause in its procurement policy. OAG 81-34.

The provisions of KRS 424.260 would be applicable to expenditures for materials, supplies and equipment to be used in connection with a municipally owned water works system and electric power plant. 1958 OAG 41897.

5. Insurance contracts

A city cannot restrict bidding on an insurance contract to an agency licensed in the city. However, if the city operates under KRS Ch 424, insurance contracts are exempt from bidding. OAG 82-337.

A group of self-insurers under the workmen's compensation law, composed of cities and counties, are not required to let bids for insurance. OAG 80-343.

The bidding statute, KRS 424.260, does not apply to county procured insurance coverage, regardless of the amount. OAG 78-12.

A water district is not required to use the bidding statute in selling its surplus land. OAG 77-399.

City is not required to execute insurance contracts on a low bid basis under present statutes. OAG 62-1082.

6. School districts

Where bidders for construction of elementary school were instructed that estimated number of working days would be given weight in selection of successful bidder, and first bidder submitted bid of $249,751 with time estimate of 180 days, and second bidder submitted face bid of $249,745 with estimated completion time of 220 days, it was proper to accept bid of first bidder. Fosson v. Fiscal Court of Boyd County (Ky. 1963) 369 S.W.2d 108. Schools Key Number graphic 80(2)

KRS 424.260 prevails over KRS 162.070 with respect to the $7500 small purchases ceiling for site work at a school to correct a drainage problem. OAG 82-407.

A school district has a choice with respect to procurement as to whether to operate under the local Model Procurement Code or under KRS 424.260. If the school district operates under KRS 424.260, insurance need not be bid. OAG 82-170.

A district school board is not required to advertise for bids for the satisfaction of its insurance requirements. OAG 67-66.

It is not necessary for local boards of education to advertise for bids in connection with purchases from the federal government. 1958 OAG 41930.

Board of education is not required to have bids submitted in order to purchase insurance on its school properties. 1955 OAG 37578.

Purchase of school graduation pictures, rings, etc. must be made under state board of education regulations, unless school facilities are not utilized in any way. OAG 66-228.

A board of education must advertise for bids where any purchase is over $1,000. OAG 60-1217.

A school district must act in good faith in the purchasing of supplies and materials and not attempt to evade compliance with bidding statute. OAG 62- 901.

7. Cities

City of fifth class not required to advertise for bids before money can be deposited by the city in a bank or insurance purchased by the city. McCloud v. City of Cadiz (Ky.App. 1977) 548 S.W.2d 158.

KRS 424.260 does not apply to purchases provided for in KRS 103.200 to 103.285. Massey v. City of Franklin (Ky. 1964) 384 S.W.2d 505.

A city that purchases items for a sewer line project from several vendors in which none of the purchases involve an amount in excess of the statutory maximum, may do so without competitive bidding. Since such purchases are valid, the department of local government may not reclaim a grant made to the city for the purpose of funding the project. OAG 84-274.

City may, in its legislative discretion, require submission of alternate bids and may accept an alternate bid for construction work. OAG 77-265.

Cities may join in a joint purchasing combine either through KRS Ch 79 or through the Interlocal Cooperation Act. In joint purchases the individual cities are relieved from applying the bidding statute, KRS 424.260. In a joint purchasing situation, in advertising for bids the individual city members should be identified. OAG 77-498.

City desiring to sell used street equipment to another city may use sanctions or other competitive bidding. However, competitive bidding is not required when impractical. OAG 82-530.

As of January, 1980 the formal advertised bidding procedure applies to cities where the purchase exceeds two thousand five hundred dollars. (See also OAG 79-447.) OAG 79-429.

City is required to readvertise where initial advertising results in no firm bids, and only after it is clearly evident that none can be obtained can the city enter private negotiations to let contracts. OAG 67-119.

8. Counties

A county road construction contract should not be divided into several contracts so as to cover various road segments where total bids can be obtained. OAG 83-316.

A fiscal court resolution authorizing purchase of material from "the cheapest places" in the county is in conflict with KRS 45A.365 and 424.260. OAG 83-258.

Where a fiscal court uses county labor only on county building construction projects, no advertised bids for labor are necessary, and the prevailing wage law does not apply. OAG 79-427.

County authorized to sell property no longer needed for public purpose at public auction rather than by sealed bids. OAG 77-395.

County may purchase safe for sheriff's office under emergency provision without advertising for bids if county judge certifies that an emergency exists and files a copy of same with county treasurer. 1960 OAG 822.

Where a fiscal court received area development funds for an ambulance facility and did not advertise for bids for the construction of the facility, only the courts can determine whether the bidding statute, KRS 424.260, was violated. KRS 42.355(4), in mentioning the bidding law of KRS Ch 424, specifically adopts KRS 424.260 to the extent that such latter statute requires formal bidding. OAG 84-57.

Where a fiscal court adopts certain sections of the Kentucky model procurement code, under KRS 45A.343, the sale of surplus county property is governed by KRS 45A.425. However, where such sections of the procurement code are not adopted, the common-law rule governs. OAG 82-8.

Fiscal courts may purchase materials and supplies under a state price contract under certain conditions. OAG 80-396.

A fiscal court can employ a professional management firm to manage the county hospital, provided ultimate control of the operation is not surrendered; such employment agreement does not come under the requirements of the

bidding statute. OAG 79-377.

KRS 424.260 has no application to the purchase of ballots and the printing thereof by county court clerks. 1959 OAG 43202.

The procurement of gasoline and oil for the county road department may require advertisement for bids. OAG 82-125.

Fiscal court should readvertise annually for bids on petroleum products as a matter of the public interest. OAG 78-121.

County government and its subagencies are required to advertise when purchasing the equipment and furnishings for public buildings even though the moneys being used for the purchase are in the form of grants from the federal government. OAG 65-746.

A county library, purchasing furniture and equipment for the library, must advertise for bids if the expenditure exceeds $1,000 and is not made up of clearly severable purchases of less than $1,000, unless the county judge certifies an emergency. OAG 64-510.

A county hospital commission must purchase items costing more than $1,000 through competitive bidding procedures. OAG 63-1098.

On behalf of the county hospital, the fiscal court may participate in a self-insurance group in connection with the hospital workmen's compensation program, notwithstanding the bidding statute, KRS 424.260. OAG 81-117.

Fiscal court cannot escape requirement for bidding by splitting contracts into units smaller than $1,000 statutory minimum where needs can be reasonably anticipated. OAG 62-980.

9. Professional services

The services of an administrator of an insurance program are probably professional services that need not be competitively bid under KRS 424.260. OAG 94-1.

A construction inspector with no decision making responsibility does not provide professional services pursuant to KRS 424.260; thus, a contract to employ such a construction inspector is not exempt from competitive bidding requirements. OAG 92-144.

Fiscal courts are not required to advertise for bids from certified public accountants to audit the records of the county officers, since CPAs are "professional" men. 1960 OAG 987.

10. Multiple items

Where the items purchased fell within severable categories, neither of which involved an amount requiring advertising for a bid, advertising for competitive bidding was not required. Board of Ed. of Floyd County v. Hall (Ky. 1962) 353 S.W.2d 194.

If there are sufficiently definite specifications describing the scope of construction so that meaningfully competitive bids can be submitted for substantially the same facility by different bidders for a sum certain which includes design costs, and bids are invited for the design and construction of such project in accordance with competitive bidding requirements, procurement of both the design and construction in combination may lawfully be obtained as a single procurement. OAG 92-143.

11. Public authorities

A riverport authority created under KRS 65.520 is a special district and is subject to bidding procedures under KRS 424.260 or the model procurement code, if adopted. OAG 84-196.

Where a riverport authority has not adopted the model procurement code, it automatically comes under the bidding statute, KRS 424.260. The adoption of the model procurement code by a riverport authority is permissive only. OAG 84-297.

424.270 Local administrative regulations

No general regulation of uniform application throughout the publication area promulgated by any officer, board or commission of a city, county, or district, which is intended to impose liabilities or restrictions upon the public shall be valid unless and until it, or a notice of such promulgation, together with a statement where the original regulation may be examined by the public, has been advertised by newspaper publication.

HISTORY: 1960 c 168, § 1, eff. 6-16-60; 1958 c 42, § 17

NOTES OF DECISIONS

Municipal ordinances 2Publication 1

1. Publication

Where the original ordinance calling for public improvements was published, thereby making the public aware of the intended public project, the ordinance or regulation accepting the successful low bid for the project is exempt from the publication requirement of KRS 424.270. 1958 OAG 42536.

In view of the terms under which school bonds are issued, there is no liability or restriction imposed upon the public and the provisions of KRS 424.270 would not be applicable, and the ordinance authorizing the issuance of the bonds would not have to be published in order to be valid. 1958 OAG 42080.

All ordinances and resolutions of the city must be advertised by newspaper publication, and the entire ordinance is required to be published. 1958 OAG 41936.

2. Municipal ordinances

This statute does not apply to municipal ordinances. Miller v. City of Louisville (Ky. 1959) 321 S.W.2d 237.

KRS 424.270, construed by the Court of Appeals in Miller v Louisville as not applying to municipal ordinances, does not affect the requirement that municipal ordinances be published under KRS 86.090. KRS 424.190 does affect this statute to the extent of striking therefrom the right of the city to publish an ordinance by handbills. 1959 OAG 43001.

424.280 Due date of ad valorem taxes

Every officer whose duty it is to collect any ad valorem tax for the state or for any political subdivision of the state shall cause notice of the due date of the tax to be advertised by newspaper publication, and shall not be given a quietus for the taxes collected unless he submits proof of such publication.

HISTORY: 1958 c 42, § 18, eff. 6-19-58

424.290 Election ballot

(1) Not less than three (3) days before any primary or regular election the county clerk shall cause to be published in a newspaper a copy of the face of the voting machines, or where an electronic or electromechanical voting system is used, a copy of the ballot cards or supplementary material on which appear the names of candidates or issues to be voted upon. Where the lists of candidates or issues to be voted upon differ for various precincts within the county, the county clerk shall cause to be published only one (1) set of data with appropriate notations showing the differences in the various precincts. If supplemental paper ballots have been approved as provided in KRS 118.215, the paper ballot shall be published at the same time as other material required to be published by this subsection. The cost of publication shall be paid by the county, except that the cost of publishing any voting data required to be published by this subsection that is limited to a city election or a district election other than a school district election shall be paid by the city or the district as the case may be.

(2) "Copy," as used in subsection (1) of this section, means a summary of candidates and issues to be voted upon showing all the pertinent information that will appear, upon which the voters will cast their votes at a particular polling place.

HISTORY: 1982 c 360, § 84, eff. 7-15-82; 1978 c 384, § 527; 1976 ex s, c 1, § 15; 1972 c 188, § 67; 1962 c 213; 1960 c 168, § 1; 1958 c 42, § 19

NOTES OF DECISIONS

In general 1

Publication method 2

1. In general

A newspaper owning two publications can qualify for printing ballot's facsimile only on the basis of the circulation of one paper. However, where the contract was awarded in error and the ballot advertisement published, the fiscal court is liable for the cost. OAG 62-231.

Facsimile of voting machine ballot not required to be published in local option election, which is a special election. OAG 60-255.

2. Publication method

"Facsimile" of a ballot face is no longer required to be published; the publication act now requires only a summary of the ballot showing all pertinent information, and the type may be reduced so long as it is legible. OAG 67-203.

Face of voting machine is to be published but not the face of the absent ballot. OAG 66-295.

The face of the ballot can be reduced to a reasonable size for insertion on a single page of the newspaper. OAG 59-43274.

424.300 Public Service Commission hearings

Notices of hearings by the Public Service Commission upon applications by public utilities for rate increases or reduction or discontinuance of service, except where advertised by mail, shall be advertised by the applicant utility in accordance with such reasonable regulations as the commission may prescribe by newspaper publication in the areas that will be affected.

HISTORY: 1982 c 242, § 6, eff. 7-15-82; 1958 c 42, § 20

424.330 Publication of lists of delinquent taxes by counties and cities; fee allowance

(1) When the sheriff of any county files with the fiscal court a list of uncollectible delinquent taxes, in accordance with KRS 134.360, the fiscal court shall promptly cause a list, showing the name of and amount due from each delinquent taxpayer, to be advertised by newspaper publication. A fee of five dollars ($5) per name per publication shall be added to the amount of each tax claim published as publication costs.

(2) Cities may publish a list of uncollected delinquent taxes levied under Section 181 of the Kentucky Constitution, showing the name of and the amount due from each delinquent taxpayer, to be advertised by newspaper publication. A fee of five dollars ($5) per name per publication may be added to the amount of each tax claim published as publication costs.

HISTORY: 2006 c 8, § 7, eff. 7-12-06; 1994 c 73, § 2, eff. 7-15-94; 1992 c 73, § 1, eff. 7-14-92; 1988 c 32, § 3; 1958 c 42, § 23

NOTES OF DECISIONS

In general 1

1. In general

The county clerk is responsible for the publication of the delinquent tax list and is required, on behalf of the fiscal court, to select the newspaper. 1959 OAG 42993.

An urban county government may not withhold a list of delinquent taxpayers where the public's interest in monitoring who has failed to meet these legal obligations outweighs the privacy interests of the delinquent taxpayers. OAG 97-ORD-009 (1-22-97).

424.340 Publication of notice of fiduciary appointments and date for presentation of creditors' claims

The clerk of the probate court shall, at least once each month, cause to be published in the newspaper meeting the requirements of KRS 424.120, a notice setting forth all fiduciary appointments made since the last publication and including at least the following information: the name and address of the decedent or ward, the name and address of the fiduciary, the date of the fiduciary's appointment, and the name and address of the attorney representing the fiduciary, if any, and the date by which claims of creditors must be presented. The clerk may charge each fiduciary a fee not to exceed the actual proportionate cost of said notice. Publication of this notice shall neither enlarge nor reduce the obligation of a creditor to present a timely claim, nor the liability of the fiduciary or distributee to pay the same.

HISTORY: 1988 c 90, § 28, eff. 7-15-88; 1980 c 259, § 29, c 188, § 292; 1970 c 257, § 5; 1960 c 168, § 1; 1958 c 42, § 24

NOTES OF DECISIONS

In general 1Hearing 2

1. In general

A county clerk, under KRS 424.340, in advertising appointments of personal representatives of estates, should state that claims should be filed within six months of the qualification of the personal representative. OAG 76-215.

It is not essential that copy of a newspaper publication be presented to the clerk before administration to an estate can be granted or initiated. OAG 58- 41765.

2. Hearing

Where a hearing is to be held on application for appointment as fiduciary, notice must be given by registered mail to interested parties under KRS 395.016, and in addition notice of the application must be published in the newspaper containing the information required under KRS 424.350. OAG 58- 42303.

424.360 Invitation to bid on municipal bonds

No sale of general obligation bonds or revenue bonds, except bonds issued for the purpose of facilitating the construction, renovation, or purchase of new or existing housing as set forth in KRS 58.125, of any governmental unit or political subdivision, or agency thereof, shall be made except upon newspaper advertisements for bids, published for the publication area constituted by the political subdivision or government unit and published to afford statewide notice. If the bonds are in principal amount of ten million dollars ($10,000,000) or more, an advertisement for bids shall also be published in a publication having general circulation among bond buyers.

HISTORY: 1992 c 210, § 1, eff. 7-14-92; 1986 c 259, § 2; 1984 c 157, § 1; 1960 c 168, § 1; 1958 c 42, § 26

424.370 Judicial sale of real property

Upon request made to the master commissioner by any person who will have a substantial interest in the proceeds of a judicial sale of real estate, the master commissioner shall cause the required advertisement of sale to be published in display form.

HISTORY: 1958 c 42, § 27, eff. 6-19-58

Penalty: 424.990Newspaper advertisement required in execution and judicial sales, 426.560

424.380 Failure to comply with publication requirements

Any resolution, regulation, ordinance or other formal action of any public agency which is required to be published,

that is adopted without compliance with the publication requirements of this chapter, shall be voidable by a court of competent jurisdiction. The Circuit Courts of this state shall have the jurisdiction to enforce the purposes of this chapter, by injunction or other appropriate order, upon application by any citizen of this state. The cost of all proceedings, including a reasonable fee for the attorney of the citizen bringing the action, shall be assessed against the unsuccessful party.

HISTORY: 1982 c 430, § 8, eff. 7-15-82

NOTES OF DECISIONS

In general 1

1. In general

Ordinances that were not legally enacted or published in accordance with KRS Ch 424 are unenforceable. OAG 83-372.

424.990 Penalties

Any person who violates any provision of KRS 424.110 to 424.370 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500). In addition, any officer who fails to comply with any of the provisions of KRS 424.220, 424.230, 424.240, 424.250, 424.290 or 424.330 shall, for each such failure, be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500), in the discretion of the court, which may be recovered only once, in a civil action brought by any citizen of the city, county or district for which the officer serves. The costs of all proceedings, including a reasonable fee for the attorney of the citizen bringing the action, shall be assessed against the unsuccessful party.

HISTORY: 1960 c 168, § 1, eff. 6-16-60; 1958 c 42, § 28

NOTES OF DECISIONS

Residence 1

1. Residence

A person prosecuting an action against a city arising out of a violation of this section of the statutes must allege residence or citizenship in the city. Fish v. Elliott (Ky.App. 1977) 554 S.W.2d 94.

Other Kentucky Laws Pertaining to KRS 424

CHAPTER 40. VETERANS

40.200 Commission's power to fix details of bonds

All bonds issued hereunder shall be dated July 1, 1960, and shall mature on or prior to thirty (30) years from such date as the State Property and Buildings Commission may provide in each resolution authorizing the issuance and sale of such bonds. The State Property and Buildings Commission shall in each such resolution determine other details, including whether the bonds shall be of term or serial maturities, and the amount which shall mature on any serial maturity date; denominations; whether the bonds, or any of them, shall be subject to redemption prior to stated maturities and upon what terms; place or places of payment of principal and interest, which may be within the Commonwealth or outside thereof; whether the bonds shall have semiannual interest coupons annexed; be registered or registrable as to principal or interest, or both; and any other details not contrary to law or inconsistent with this chapter which in the discretion of the said commission may appear wise and expedient. The commission shall fix and establish the interest rate or rates for each issue of bonds, and interest shall be payable semiannually. Each sale shall be advertised pursuant to KRS Chapter 424 and by at least one (1) publication in a financial newspaper or journal published in the City and State of New York.

CHAPTER 42. FINANCE AND ADMINISTRATION CABINET

42.355 Examination and approval of projects; grants; administration; conditions

(1) The Department for Local Government shall examine each capital project selected by the area development districts, and when it finds that a proposed project conforms to the requirements of KRS 42.350 to 42.370; that the estimated costs of the project are reasonable; that the costs proposed to be paid from the fund are within the amount available; and that the proposed beneficiary agency will be reasonably able to finance the operation and maintain the capital project during its estimated useful life, the commissioner of the Department for Local Government shall approve it. If the Department for Local Government determines that a capital project proposal does not conform to the requirements of KRS 42.350 to 42.370, that the estimated costs of the project are excessive or unreasonable in light of the public benefit to be derived from the project, or the unencumbered balance in the fund available for expenditure in the area development district is insufficient to pay the costs of the project, or the part thereof proposed to be paid out of the fund, or the beneficiary agency cannot reasonably finance the operation of or maintain the capital project during its estimated useful life, the project proposal shall be disapproved by the Department for Local Government. The final decision to either approve or disapprove any project proposal shall be made no later than forty-five (45) days following official submittal of a complete proposal by the area development district, and the area development district shall be accordingly notified at that time.(2) The commissioner of the Department for Local Government may make direct grants in aid of money out of the fund to any beneficiary agency for the construction or acquisition of any approved capital project. When a direct grant in aid has been made to a beneficiary agency, all contracts awarded for the purchase of materials, supplies, equipment, or services, except professional and technical services, required for the construction or acquisition of the project shall be awarded to the lowest and best bidder in the discretion of the beneficiary agency after public advertisement as required by KRS Chapter 424 or other applicable law. All contracts awarded under this section for the construction, reconstruction, or renovation of a building or other improvement to real estate shall be deemed contracts for public works within the meaning of KRS 341.317 and KRS Chapter 376 and other applicable statutes. All beneficiary agencies receiving a direct grant in aid under this subsection shall keep and maintain complete and accurate records of accounts of all expenditures of the grant moneys which shall be subject to audit by the Commonwealth for a period of five (5) years after completion of the capital project. Beneficiary agencies shall complete approved capital projects within a reasonable period of time as determined by the Department for Local Government. Upon completion of capital projects, beneficiary agencies shall submit project completion reports to the Department for Local Government as prescribed by the Department for Local Government and containing documents and information as may be necessary to determine compliance with KRS 42.350 to 42.360 and other applicable statutes and administrative regulations. Beneficiary agencies shall be liable to repay to the fund any granted funds for failure to submit full project completion reports within a reasonable period of time or for expenditure of granted funds in violation of statutes and regulations. No additional area development funds may be approved until compliance, except at the discretion of the commissioner of the department. Any grant moneys not required after all of the costs of the capital project have been paid by the beneficiary agency shall be promptly returned to the Commonwealth for reallocation for expenditure for other capital projects in the area development district to which the funds had been originally allocated.(3) No capital project shall be constructed under KRS 42.350 to 42.370 except upon land to which (a) the Commonwealth, a political subdivision of the Commonwealth, or the beneficiary agency of the capital project has a good and marketable title, free of encumbrances, or (b) the beneficiary agency of the project has the right to the uninterrupted use, occupancy, and possession for a period longer than the estimated useful life of the capital project; provided nothing herein shall prohibit the construction or renovation of public buildings on land with an existing encumbrance to secure payment of funds obtained for the acquisition or improvement of said land. Each beneficiary agency shall execute and deliver to the Commonwealth its written assurances, which shall be binding on the agencies' successors and assigns, guaranteeing that during its estimated useful life, the capital project shall be operated and maintained for public purposes and pledging that no mortgage or other encumbrances shall be placed against any capital project wholly financed out of the fund, except industrial development projects, for the breach of which assurances the Commonwealth shall have right of entry to the capital project and the beneficiary agency, or its successors and assigns, shall forthwith convey the title to the capital project to the Commonwealth. Similar assurances shall be executed and delivered to the Commonwealth by the beneficiary agencies of capital projects financed in part out of the fund and in part from other sources, except that when additional funding is derived from the issuance and sale of revenue bonds or under other statutorily authorized financing methods, to secure the

repayment of which funds a statutory mortgage lien is granted in favor of any person or group of persons, the capital project may be encumbered to the extent authorized or required by the law under which the financing method was undertaken; nor shall anything in this section prohibit the encumbrance of any real property located within an industrial park or constituting an industrial site, developed or improved as a capital project under KRS 42.350 and this section, by any person, firm, company, partnership, or corporation to which the property has been conveyed, to obtain financing for the construction upon the property of industrial and commercial buildings. The written assurances provided by beneficiary agencies under this section shall be lodged for recording and recorded in the office of the county clerk of the county in which the proposed project shall be located.

CHAPTER 43. AUDITOR OF PUBLIC ACCOUNTS

43.090 Reports of audits and investigations; implementation by agency of audit recommendation

(1) Immediately upon completion of each audit and investigation, except those provided for in KRS 43.070, the Auditor shall prepare a report of his findings and recommendations. He shall furnish one (1) copy of the report to the head of the agency to which the report pertains, one (1) copy to the Governor, one (1) copy to the secretary of the Finance and Administration Cabinet, one (1) copy to the Legislative Research Commission and one (1) copy to the state librarian. The agency to which an Auditor's draft report pertains shall respond in writing to any adverse or critical audit findings and to any recommendations contained in the draft report within fifteen (15) days of receipt of the draft report. The Auditor shall distribute the agency's response to those entitled by this subsection to a copy of the audit report. Within sixty (60) days of the completion of the final audit report, the agency to which an Auditor's report pertains shall notify the Legislative Research Commission and the Auditor of the audit recommendations it has implemented and of the audit recommendations it has not implemented. The agency shall state the reasons for its failure to implement any recommendation made in the final audit report. The Auditor shall prepare and transmit to each member of the General Assembly, by December 15 immediately preceding the convening of each regular session of the General Assembly, a printed report of his activities, summarizing the findings and recommendations in his report on each audit or investigation made since the last preceding biennial report to the General Assembly listing, by state agency, the audit recommendations that have not been implemented and the reason(s) given by state agencies for nonimplementation, and presenting such other findings and recommendations as he sees fit to make. He shall file a copy of this report with the Governor and five (5) copies with the state librarian. All audit reports shall be public documents to which taxpayers shall have access.(2) The Auditor shall, within a reasonable time after the examination of each county as provided in KRS 43.070, make a written report to the Governor, the General Assembly, the Attorney General, the County Officials' Compensation Board, the state librarian and to the fiscal court and county attorney of the county examined, calling attention in specific terms to any mismanagement, misconduct, misapplication or illegal appropriation or extravagant use of money received or disbursed by any officer of the county examined. In addition, said report shall be sent to a newspaper having general circulation in the county examined and the letter of transmittal accompanying the report shall be published in said newspaper in accordance with the provisions of KRS Chapter 424.

CHAPTER 45. BUDGET AND FINANCIAL ADMINISTRATIONFEDERAL BLOCK GRANTS

45.352 Hearings by designated review body

(1) The Legislative Research Commission shall, within ten (10) days of receiving any block grant application from the state administering agency, provide for statewide notice, pursuant to KRS Chapter 424, of public hearings to be conducted by the designated review body for the purpose of receiving comments on the block grant application.(2) The Commission shall, no later than sixty (60) days prior to the submission of the block grant application to the federal administering agency, provide for a public hearing on each block grant application. The hearing may be held at such time, place and location as the Commission shall determine. All hearings and deliberations of the Commission pursuant to KRS 45.351 to 45.359 shall be electronically recorded. The recordings shall constitute a public record.

CHAPTER 56. STATE LANDS AND BUILDINGSPROPERTY AND BUILDINGS COMMISSION

56.520 Revenue bonds; investment of proceeds of authorized bonds

(1) The commission may issue and sell revenue or other authorized bonds, in carrying out the provisions of this chapter, in denominations and amounts, as is deemed to be for the best interest of the Commonwealth, for any of the following purposes:(a) To acquire real estate for state governmental use;(b) To pay all or any part of the expense or cost of or incidental to a building project for state governmental use;

(c) To defray the cost of plans, specifications, blueprints, architectural fees, and other expenses authorized to be incurred for state governmental use.(2) The payment of bonds issued, together with the interest thereon, may be secured by a pledge and a first lien on all of the receipts and revenue derived, or to be derived, from the rental or operation of the property involved. Neither the payment of any bond, nor the interest thereon issued under the authority of this chapter, shall constitute an indebtedness of the Commonwealth of Kentucky, nor shall any bond or interest thereon be payable out of any fund except funds derived from rentals or other revenues derived from the operation of the properties or from revenues as are available for the purpose by law.(3) All competitive bids for the sale of revenue bonds shall be opened and read publicly by the secretary of the Finance and Administration Cabinet or the secretary's representative at a designated place, day, and hour, all of which shall be indicated in the notice made relative thereto.(4) If the commission issues and sells bonds for a building project as authorized by this chapter, insurance, including fire and windstorm, casualty, catastrophe, use and occupancy, and such other insurance as the commission may deem advisable, shall be carried in connection with the building project, and it may so obligate and bind itself in a trust indenture securing the payment of the bonds. Any insurance shall be paid for out of funds available for the project.(5) The commission may invest proceeds from the sale of its revenue or other authorized bonds in financial instruments and investments as provided in KRS 42.500 for the State Investment Commission.

CHAPTER 62. OATHS AND BONDSBONDS

62.100 Notice of proceeding

(1) The surety shall give written notice to the principal requiring him, by a day named in the notice, to appear before the court in which the motion is filed.(2) If the principal is within the state, the notice shall be not less than ten (10) days, otherwise there shall be thirty (30) days' notice to his attorney if he has one in the county where the bond is executed, and if none, there shall be thirty (30) days' notice published pursuant to KRS Chapter 424.(3) The notice shall apprise the party of the object of the motion, whether for a new bond with other surety to effect a discharge from future liability, or as indemnity for the past acts of the principal, or for both. If indemnity for liability incurred is one of the objects, notice in like manner shall be given to each of the other sureties in the bond who have not joined in the motion.

CHAPTER 64. FEES AND COMPENSATION OF PUBLIC OFFICERS AND EMPLOYEESACCOUNTS AND ACCOUNTING

64.810 Annual audit of books of fiscal court or county office by certified public accountant, if auditor declines to perform audit; procedure

(1) (a) Any fiscal court, county clerk, or sheriff may employ a certified public accountant to audit the books, accounts, and papers of the county or his office in lieu of the audit conducted by the State Auditor of Public Accounts required by KRS 43.070, if the Auditor of Public Accounts declines to perform the audit or has failed to respond to written notice of intent to employ a certified public accountant within thirty (30) days of receipt of the notice.(b) In the case of a documented emergency requiring an immediate audit which the Auditor of Public Accounts cannot complete within the requested deadline, the Auditor of Public Accounts shall authorize the fiscal court, the county clerk, or sheriff to engage a certified public accountant to complete the emergency audit. A certified public accountant may be engaged to conduct an emergency audit only after guaranteeing in writing to the Auditor of Public Accounts that the audit and audit report will be finished within the deadline originally requested of the Auditor of Public Accounts. The fiscal court shall bear the full cost of any county audit conducted pursuant to this paragraph. The county clerk or the sheriff shall bear the full cost of any audit of his office conducted pursuant to this paragraph, from funds received or collected by him, and the cost of the audit shall be construed as an expense of his office. Audits conducted pursuant to this paragraph shall be subject to the provisions of subsections (4) and (5) of this section.(2) A fiscal court which has elected to employ a certified public accountant pursuant to subsection (1)(a) of this section shall notify the State Auditor in writing by July 31 following the fiscal year to be audited of the name of the certified public accountant it has employed. The fiscal court shall bear the full cost of any audit conducted pursuant to this section. An elected official who has elected to employ a certified public accountant pursuant to subsection (1)(a) of this section shall:(a) Notify the fiscal court and the State Auditor in writing by January 30 following the calendar year to be audited of the name of the certified public accountant employed by said official to audit the books, accounts, and papers of his office; and(b) Bear the cost of the audit from funds received or collected by him, and the cost of the audit shall be construed

as an expense of his office.(3) Any contract with a certified public accountant entered into pursuant to subsection (1)(a) of this section shall specify the following:(a) The audit of a county official shall be completed by August 1 following the calendar year being audited, and the audit of a county budget shall be completed by February 1 following the fiscal year being audited;(b) The certified public accountant shall forward a copy of the fee officer audit report and management letters to the county official, fiscal court of the county, and the Auditor of Public Accounts upon completion of the audit, and no later than August 1 following the calendar year being audited;(c) The certified public accountant shall forward a copy of the county budget audit report and management letters to the fiscal court of the county and the Auditor of Public Accounts upon completion of the audit and no later than February 1 following the fiscal year being audited; and(d) The Auditor of Public Accounts shall have the right to review the certified public accountant's work papers before and after the release of the audit.(4) After preliminary review of the certified public accountant's work papers, should discrepancies be found, the Auditor of Public Accounts shall notify the fiscal court or fee official of the discrepancies. Should the certified public accountant not correct such discrepancies prior to the release of the audit, the Auditor's office may conduct its own audit to verify the findings of the certified public accountant's report. If such audit is conducted, the expenses to said county or county official, as directed by KRS 43.070(4) shall be construed as an allowable expense of office. If the audit conducted by the Auditor of Public Accounts discloses discrepancies in the audit by the certified public accountant, the findings of the Auditor of Public Accounts shall be deemed official for purposes of collection of money owed the county pursuant to KRS 64.820.(5) No later than February 1 following the fiscal year being audited, or August 1 following the calendar year being audited, the fiscal court or county official shall submit the accountant's written report to the Governor, the General Assembly, the Attorney General, the State Librarian, and county attorney of his county. In addition the fiscal court or the official shall send the report to the newspaper having the largest paid circulation in the county, and the letter of transmittal accompanying the report shall be published in said newspaper in accordance with the provisions of KRS Chapter 424.(6) This section shall not be construed as eliminating the requirement that the books, accounts, and papers of the above-named officials be audited yearly.

CHAPTER 65. GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITSMISCELLANEOUS GENERAL PROVISIONS

65.003 Codes of ethics for city, county, and consolidated local government officials and employees; interlocal agreements

(1) The governing body of each city, county, urban-county, consolidated local government, and charter county, shall adopt, by ordinance, a code of ethics which shall apply to all elected officials of the city, county, urban-county, consolidated local government, or charter county, and to appointed officials and employees of the city, county, urban-county, consolidated local government, or charter county government, or agencies created jointly, as specified in the code of ethics. The elected officials of a city, county, or consolidated local government to which a code of ethics shall apply include the mayor, county judge/executive, members of the governing body, county clerk, county attorney, sheriff, jailer, coroner, surveyor, and constable but do not include members of any school board. Agencies created jointly may include planning or administrative commissions or boards. Candidates for the local government elective offices specified in this subsection shall comply with the annual financial disclosure statement filing requirements contained in the code of ethics.(2) Any city, county, or consolidated local government may enter into a memorandum of agreement or an interlocal agreement with one (1) or more other cities, counties, or consolidated local governments for joint adoption of a code of ethics which shall apply to all elected officials of the cities, counties, or consolidated local governments, and to appointed officials and employees as specified by each of the cities, counties, or consolidated local governments which enters into the agreement. Interlocal agreements shall be executed pursuant to the Interlocal Cooperation Act in KRS 65.210 to 65.300. The interlocal agreement or memorandum of agreement may provide for but shall not be limited to:(a) The provision of administrative services relating to the implementation of a code of ethics;(b) The creation of a regional ethics board which serves independently to provide advice to member governments and their officials and provides for the enforcement of locally adopted codes of ethics; and(c) Contracting by a memorandum of agreement with an area development district for the provision of administrative services relating to the implementation of a code of ethics.

Candidates for the city, county, or consolidated local government elective offices specified in this subsection shall comply with the annual financial disclosure statement filing requirements contained in the code of ethics.(3) Each code of ethics adopted as provided by subsection (1) or (2) of this section, or amended as provided by subsection (4) of this section, shall include but not be limited to provisions which set forth:(a) Standards of conduct for elected and appointed officials and employees;(b) Requirements for creation of financial disclosure statements, which shall be filed annually by all candidates for the city, county, or consolidated local government elective offices specified in subsection (1) of this section, elected officials of each city, county, or consolidated local government, and other officials or employees of the city, county,

or consolidated local government, as specified in the code of ethics, and which shall be filed with the person or group responsible for enforcement of the code of ethics, provided that nonpaid members of jointly created agencies may be exempted from filing financial disclosure statements;(c) A policy on the employment of members of the families of officials or employees of the city, county, or consolidated local government, as specified in the code of ethics;(d) The designation of a person or group who shall be responsible for enforcement of the code of ethics, including maintenance of financial disclosure statements, all of which shall be available for public inspection, receipt of complaints alleging possible violations of the code of ethics, issuance of opinions in response to inquiries relating to the code of ethics, investigation of possible violations of the code of ethics, and imposition of penalties provided in the code of ethics.(4) The code of ethics ordinance adopted by a city, county, or consolidated local government may be amended but shall not be repealed.(5) (a) Within twenty-one (21) days of the adoption of the code of ethics required by this section, each city, county, or consolidated local government shall deliver a copy of the ordinance by which the code was adopted and proof of publication in accordance with KRS Chapter 424 to the Department for Local Government. The department shall maintain the ordinances as public records and shall maintain a list of city, county, or consolidated local governments which have adopted a code of ethics and a list of those which have not adopted a code of ethics.(b) Within twenty-one (21) days of the amendment of a code of ethics required by this section, each city, county, or consolidated local government shall deliver a copy of the ordinance by which the code was amended and proof of publication in accordance with KRS Chapter 424 to the Department for Local Government, which shall maintain the amendment with the ordinance by which the code was adopted.(c) For ordinances adopting or amending a code of ethics under this section, cities of the first class and consolidated local governments shall comply with the publication requirements of KRS 83A.060(9), notwithstanding the exception contained in that statute.(6) If a city, county, or consolidated local government fails to comply with the requirements of this section, the Department for Local Government shall notify all state agencies, including area development districts, which deliver services or payments of money from the Commonwealth to the city, county, or consolidated local government. Those agencies shall suspend delivery of all services or payments to the city, county, or consolidated local government which fails to comply with the requirements of this section. The Department for Local Government shall immediately notify those same agencies when the city, county, or consolidated local government is in compliance with the requirements of this section, and those agencies shall reinstate the delivery of services or payments to the city, county, or consolidated local government.

65.007 Removal of appointed member of special district governing body; hearing; appeal

(1) Unless otherwise provided by state law, an appointed member of the governing body of a special district may be removed from office by the appointing authority after a hearing with notice as required by KRS Chapter 424 for inefficiency, neglect of duty, malfeasance or conflict of interest. The hearing shall be initiated and chaired by the appointing authority, who shall prepare a written statement setting forth the reasons for removal. The member to be removed shall be notified of his proposed removal and the reasons therefor by registered mail sent to his last known address at least ten (10) days prior to the hearing. The person to be removed may employ counsel to represent him. A record of the hearing shall be made by the appointing authority.(2) Where the removal of an appointed member of a special district governing body is by the county judge/executive pursuant to subsection (1) of this section, the removal shall be subject to the approval of the fiscal court.(3) A member removed pursuant to this section may appeal, within ten (10) days of the rendering of the decision or the approval of the fiscal court if required, to the Circuit Court of the county of the appointing authority. The scope of the appeal shall be limited to whether the appointing authority or the fiscal court abused their discretion in removing the member.

65.070 Filing with county clerk and fiscal court; publication of descriptive information on the district; submission of audit to fiscal court; Department for Local Government to furnish standard reporting forms to county clerks; enforcement

(1) Within sixty (60) days following the close of the fiscal year, the district shall:(a) File with the county clerk of each county with territory in the district a certification showing any of the following information that has changed since the last filing by the district:1. The name of the district;2. A map or general description of its service area;3. The statutory authority under which it was created; and4. The names, addresses, and the date of expiration of the terms of office of the members of its governing body and chief executive officer;(b) Submit for review a copy of the summary financial statement with the fiscal court of each county with territory in the district; and(c) Publish, in lieu of the provisions of KRS 424.220, but in compliance with other applicable provisions of KRS Chapter 424, the names and addresses of the members of its governing body and chief executive officer, and either a summary financial statement, which includes the location of supporting documents, or the location of district

financial records which may be examined by the public.(2) The district shall submit for review a copy of the audit with the fiscal court of each county with territory in the district. The submission shall be made within thirty (30) days of the district's receipt of the completed audit.(3) The Department for Local Government shall prepare and furnish to county clerks standard reporting forms which districts may use to comply with the provisions of this section.(4) Any resident of the district may bring an action in the Circuit Court to enforce the provisions of this section. The Circuit Court shall hear the action and, on a finding that the governing body of the district has violated the provisions of this section, shall order the district to comply with its provisions. The Circuit Court, in its discretion, may allow the prevailing party, other than the district, a reasonable attorney's fee and court costs, to be paid from the district's treasury.

65.170 Dissolution by referendum

(1) A district may be dissolved by a referendum as provided in this section.(2) Persons seeking dissolution of a district shall submit a petition to the county clerk signed by at least fifty percent (50%) of that class of citizens who may by law petition for the creation of the district.(3) The petition shall be in substantially the following form: "The undersigned (registered voters, qualified voters, freeholders, or landowners as determined by subsection (2) of this section) living within (name of the district and containing a metes and bounds description of the district) hereby request that the question of the dissolution of the district be put to a referendum." The petition shall conspicuously state in layman's terms that any legal obligations of the district must be satisfied before the district can be dissolved and that the citizens of the district shall be responsible for the satisfaction of any such obligations. Signatures on the petition shall be dated, the last no later than ninety (90) days after the first.(4) If the county clerk determines that the petition is in proper order, he shall certify the petition to the fiscal court or consolidated local government. The fiscal court or consolidated local government shall direct that the question be placed before the voters at the next regular election if the petition is certified not later than the second Tuesday in August preceding the day of the regular election. The fiscal court or consolidated local government shall bear the costs of advertising and placing the question before the voters.(5) The county clerk shall advertise the question as provided in KRS Chapter 424 and shall prepare the following admonition to the voter: "The (name of district) may have existing legal obligations that must be satisfied before the district can be dissolved. The citizens of the district shall be responsible for the satisfaction of any such obligations." The question of the dissolution of the district shall be placed before the voters in substantially the following form: "The (name of the district and containing a metes and bounds description of the district) should be dissolved." The voter shall vote "yes" or "no."(6) Registered voters eligible to sign a petition for dissolution as provided by subsection (2) of this section shall be eligible to vote on the question of dissolution.(7) In referendums under this section, provision shall be made for those opposing the dissolution of the district to have equal representation with the proponents of the measure in the determination of eligibility of voters, and in the observance of canvassing and certifying of the returns.

65.365 Mailing list of interested housing authorities

(1) Upon the creation of a land bank authority, the authority shall maintain a mailing list of city, county, or regional housing authorities, and the Kentucky Housing Corporation, that have requested to be notified prior to any action by the authority to dispose of property in its inventory. It shall be the responsibility of an interested housing authority to provide the authority with the following information:(a) Name of the organization;(b) Mailing address for the organization; and(c) The name and title of a contact person for the organization.

CHAPTER 65. GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITSRIVERPORT AUTHORITY

65.530 Purpose, duties, and powers of riverport authority

(1) The purposes of the authority shall be to establish, maintain, operate, and expand necessary and proper riverport and river navigation facilities, and to acquire and develop property, or rights therein within the economic environs, the home county, or any county adjacent thereto, of the riverport or proposed riverport to attract directly or indirectly river-oriented industry. It shall have the duty and such powers as may be necessary or desirable to promote and develop navigation, river transportation, riverports, and riverport facilities, and to attract industrial or commercial operations to the property held as industrial parks.(2) The authority shall establish and fix reasonable rates, charges, and fees for the use of the riverport facilities which shall be published in a newspaper of general circulation in the county in which the riverport is located. In fixing rates, charges, or fees the authority may take into consideration, among other factors, the total capital investment of the authority, the revenue needed properly to maintain such facilities, the revenue needed properly to

expand the riverport and its facilities, the portion of the facilities utilized by the licensee or contracting party and its customers, and the volume and type of business conducted. Any party aggrieved by the rates, charges, or fees may appeal from the action of the authority to the Circuit Court of the county within which the authority operates, within ninety (90) days from the date that the authority finally publishes the rates, charges, or fees and gives notice of same to the contracting party or licensee. The Circuit Court may hear evidence and determine whether or not the rates, charges, or fees are, or are not, reasonable in amount. Appeal from the judgment of the Circuit Court may be prosecuted as any other civil appeal.(3) The authority shall also have power, from time to time, to fix rates, charges, or fees by contract, or by publishing general rates, charges, or fees for commercial vendors, concessionaires, or other persons for the use or occupancy of riverport facilities under the terms and conditions it deems to be in the best interest of maintaining, operating, or expanding necessary riverport facilities, and the public use thereof.(4) The authority may acquire by contract, lease, purchase, option, gift, condemnation, or otherwise any real or personal property, or rights therein, necessary or suitable for establishing, developing, operating, or expanding riverports, riverport facilities, water navigation facilities, including spoilage areas for the disposal of materials dredged from river bottoms in an effort to improve the navigability of rivers, reserve storage areas and reserves of bulk materials utilized by the authority or any person acting as the authority's agent or licensee, and industrial parks or sites within the economic environs of the riverport or proposed riverport. The authority may erect, equip, operate, and maintain on the property buildings and equipment necessary and proper for riverport and water navigation facilities. The authority may dispose of any real or personal property, or rights therein, which in the opinion of the authority is not needed for use as riverport or water navigation facilities, or use as industrial parks or sites. The authority may lease, sell, convey, or assign its interest in land owned, optioned, or otherwise held by it to any person for the purpose of constructing and/or operating any industrial or commercial facility or for the purpose of acting as the authority's agent or licensee in effectively carrying out any of its powers and duties.(5) With the consent of the legislative body of the governmental unit in which the property to be condemned is located, the authority may by resolution, reciting that the property cannot be acquired by purchase or agreement and is needed for riverport, water navigation, or industrial purposes in accordance with the powers set forth in subsection (4) of this section, direct the condemnation of any property. The procedure for condemnation shall conform to the procedure set out in the Eminent Domain Act of Kentucky.(6) The authority may apply for, receive authorization for, establish, and operate a foreign trade zone, as permitted by 19 U.S.C. sec. 81, provided approval is obtained from the Cabinet for Economic Development.

65.7717 Sale; award to be made by legislation

Notes may be sold at public, private, or invited sale as the governing body of the governmental agency may determine. Any public sale shall be advertised and conducted in the manner and subject to the conditions provided for a public sale of bonds pursuant to KRS Chapter 424. The governing body of the governmental agency shall award the notes by legislation to specified purchasers at a specified price.

CHAPTER 66. ISSUANCE OF BONDS AND CONTROL OF FUNDSGENERAL PROVISIONS ON BONDED INDEBTEDNESS FOR LOCAL GOVERNMENT

Current through End of 2006 legislation

66.191 Complaint for validation of bonds; proceedings

(1) As used in this section, supplementing the definitions of the terms contained in KRS 66.011, "issuer" also includes any person issuing fractionalized interests in bonds and any instrumentality of an issuer and "bonds" also includes obligations.(2) (a) An issuer, at any time prior to its issuance or entering into of bonds, may file a complaint for validation and thereby commence an action for the purpose of obtaining an adjudication of its authority to issue or enter into and the validity of, and security for, and source of payment of, the bonds, and of the validity of all proceedings taken and proposed to be taken in connection therewith, including, but not limited to, any of the following:1. The levy of taxes or special assessments levied or to be levied;2. The lien of those taxes or special assessments;3. The levy or charge of rates, charges, rentals, lease payments, or tolls;4. Any underlying obligation; and5. The proceedings and remedies for the collection of the taxes, special assessments, rates, charges, rentals, lease payments, or tolls, or payments by an issuer.(b) No such action shall be commenced except upon determination of its necessity by the governing body or other authority empowered to adopt the legislation for the issuance of the bonds.(c) The action shall be commenced in the Circuit Court of the county in which the issuer is located in whole or in part or has its principal office.(3) The complaint for validation shall contain that which is required by the Rules of Civil Procedure including, without limitation, in ordinary and precise language and by references or exhibits, statements or descriptions of all of the

following:(a) The issuer's existence and authority for issuing the bonds;(b) The holding and result of any required election relating to the bonds;(c) If already passed or issued, the legislation, order, or proceeding authorizing the issuance of the bonds and evidence of its passage or issuance;(d) All other essential proceedings taken and proposed to be taken in connection with the bonds;(e) If not set forth in legislation, order, or proceeding already passed or issued, the approximate amount and general proposed terms of the bonds;(f) The county or counties in which the proceeds of the bonds, or any part thereof, are to be expended; and(g) Any other pertinent matters.(4) Upon the filing of the complaint, the court shall issue an order in general terms in the form of a notice directed to the state and to "all property owners, taxpayers, citizens, and others having or claiming any right, title, or interest in any property or funds to be affected" by the issuance or entering into of the bonds or "affected in any way thereby," requiring the state through the Attorney General and all such persons to appear and be heard before the court at a time to be designated in the order, and show cause why the complaint should not be granted and the proceedings and the bonds validated and confirmed as therein.(5) At least twenty (20) days before the time fixed in the order for hearing, a copy of the complaint and order, unless waived in writing, shall be served upon the Attorney General. The Attorney General shall carefully examine the complaint and if it appears, or there is reason to believe, that the complaint is defective, insufficient, or untrue, or if in the opinion of the Attorney General the issuance of the bonds or any related action, is not lawful or has not been duly authorized, the Attorney General may enter an appearance for the state and assert any defense to the complaint that the Attorney General considers proper. The Attorney General may enter an appearance and assert any support for the complaint that the Attorney General considers proper. No other appearance by or service of the complaint on any other attorney or person other than the Attorney General or persons set forth in this section shall be required.(6) The clerk of the court in which the action is commenced shall publish a copy of the order in a newspaper of general circulation in that county and in each other county in which at least ten percent (10%) of the proceeds of the bonds is proposed to be expended. The publication in each county shall be made not less than seven (7) nor more than twenty-one (21) days before the date set for hearing. Upon publication of the order, service upon all property owners, taxpayers, citizens, or others having or claiming any right, title, or interest in or against the plaintiff or property subject to taxation or special assessment for payment of debt charges on the bonds, or otherwise affected by or interested in the issuance or entering into of the bonds described in the complaint is complete, and the court has jurisdiction of them to the same extent as if these defendants were individually named in the complaint and personally served.(7) The Attorney General, and any other person made a defendant, or his counsel shall, subject to laws restricting public access to certain records, have reasonable access to all records and proceedings of the issuer which pertain to the matters described in the complaint. Any officer, agent, or employee of the issuer who has charge, possession, custody, or control of any of those records and proceedings shall furnish such authenticated copies of them as the person requests, at that person's expense.(8) Upon motion of the issuer, whether before or after the date set for hearing as provided in subsection (4) of this section, the court may enjoin any person from commencing any other action or proceeding contesting the same or related matters as described in the complaint, as the complaint may from time to time be amended. The court may order a joint hearing or trial before it of all related issues then pending in any action or proceeding in any court in the state, and may order any such action or proceeding consolidated with the validation complaint pending before it, and may make any order as may be necessary or proper to effect that consolidation and as may tend to avoid unnecessary costs or delays or multiplicity of suits. That order is not appealable.(9) Any property owner, taxpayer, citizen, or person affected by or interested in the issuance or entering into of the bonds may become a named party to the action by pleading to the complaint at or before the time set for the hearing provided in subsection (4) of this section, or thereafter by intervention upon leave of court.(10) At the time designated in the order for hearing, the court shall proceed to hear and determine all questions of law and fact in the action and may make such interlocutory orders and adjournments as will enable it properly to try and determine the action and to render a final judgment with the least possible delay.(11) Any party to the action may appeal from a final judgment of a Circuit Court under subsection (10) of this section to the Court of Appeals. The notice of appeal shall take priority over all other civil cases therein pending, except habeas corpus. No oral argument shall be permitted on appeal except at the request of the court on its own motion.(12) All of the following apply to a final judgment of the Circuit Court, as finally affirmed or modified in any appeal, that determines that the issuer or obligor has authority to issue the bonds upon the general terms set forth in the complaint for validation and that adjudicates the legality of all proceedings taken and proposed to be taken in connection with the bonds:(a) The final judgment is forever binding and conclusive, as to all matters adjudicated, against the issuer, any obligor, and all other parties to the action, and those in privity with them, whether named in the action or included in the description in the notice provided for in subsection (4) of this section.(b) If all procedural steps required to be taken for the completion of the authorization, issuance, sale, and delivery of the bonds after the date of the final judgment, are properly taken in accordance with the applicable provisions of law and the terms of the final judgment, the final judgment constitutes a permanent injunction against any person's contesting, by any action or proceeding, any of the following:1. The validity of the bonds described in the complaint;2. The validity of the taxes, special assessments, tolls, charges, rates, or other levies, or lease payments, or

payments by an obligor, authorized, contracted, or covenanted to be imposed, made, or collected for the payment of the debt charges on the bonds; or3. The validity of any pledge of or lien on revenue or property to secure the payment of the debt charges or payment obligations on the bonds.(c) A final judgment does not permanently enjoin any person not a named party to the action from raising a claim or defense seeking relief in whole or in part from any levy of taxes or special assessments, made or to be made, or collected or to be collected, against property owned by that person, authorized for the payment of any debt charges or payment obligations on the bonds described in the complaint if the claim or defense is based upon a right that such person may have only in his individual capacity as an owner of the property subject to the tax or special assessment.(13) The costs of each action under this section shall be paid by the plaintiff and may be paid from the proceeds of the bonds, except that if a taxpayer, citizen, or other person has contested, intervened in, or appealed the action the court may tax the whole or such part of the costs against that person as is equitable and just.

66.310 Approval of county bonds

(1) No county may issue bonds which, together with all other net indebtedness of the county plus the principal amount of any outstanding self-supporting obligations, is in excess of one-half of one percent (0.5%) of the value of the taxable property therein, as determined by the next preceding certified assessment, without having first secured the written approval of the state local debt officer. Any other bonds to be issued by any county may be submitted for approval as hereinafter provided. When the fiscal court of any county has petitioned the state local debt officer under KRS 66.320 for assistance in formulating a plan for reorganizing its debt structure, or has received the approval of any issue of county bonds voluntarily as provided in this section, all bonds thereafter issued by the county must be approved as provided in this section.(2) Without the approval of the state local debt officer a county may not lease, as lessee, a building or public facility that has been or is to be financed at the county's request or on its behalf through the issuance of bonds by another public body or by a nonprofit corporation serving as an agency and instrumentality of the county for that purpose, unless the bonds, if issued by the county itself as its own general obligations, would be exempt under the provisions of subsection (1). If his or her approval is required, the state local debt officer shall hold a hearing for the purpose of considering the terms of the lease upon the same basis as is provided under subsections (3) and (4) of this section, and interested parties shall have the same right of appeal as is therein provided. This subsection does not apply to leases entered into before July 1, 1964, nor to renewals thereafter of leases entered into before that date, nor to bonds referred to in this subsection if those bonds have been sold prior to that date, whether or not actually delivered to the purchaser or purchasers thereof before that date.(3) The state local debt officer shall hold a hearing in accordance with KRS Chapter 13B for the purpose of determining whether any issue of bonds submitted to him or her for approval should be approved or disapproved. The state local debt officer shall provide notice of the hearing to the county judge/executive of the county proposing to issue bonds, and the county judge/executive shall cause a copy of that notice to be published not less than twenty (20) days in advance of the date set for the hearing. Any person having a material interest in the issuance of the bonds shall have an opportunity to be heard and to present evidence at the hearing held by a hearing officer appointed by the state local debt officer. A record of the proceedings of the hearing shall be made, and the state local debt officer shall review the record and prepare a written decision approving or disapproving the issuance of the proposed bonds. The decision shall set forth the findings of fact upon which the state local debt officer bases his or her decision. On the day that the state local debt officer issues a decision, he or she shall mail a copy to the county judge/executive of the county proposing to issue the bonds and to any person who attended the hearing and requested to receive a copy of the decision.(4) The state local debt officer shall disapprove the issuance of the proposed bonds if he or she finds that one (1) or more of the following conditions exist:(a) The financial condition and prospects of the county do not warrant a reasonable expectation that interest and principal maturities can be met when due without seriously restricting other expenditures of the county, including the debt service on the other outstanding obligations of the county;(b) The issue of bonds will not serve the best interests of both the county issuing the bonds and a majority of its creditors; or(c) The bonds or the issuance thereof will be invalid.(5) If the state local debt officer is petitioned by any county to approve the issuance of bonds to refund outstanding county bonds, and if the state local debt officer is unable to find that the bonds sought to be refunded were in their entirety validly issued, he or she shall nevertheless find that bonds may be issued validly for the purpose of refunding the bonds, in equivalent or lesser par principal amount, provided that the interest rate to be borne by the refunding bonds shall be sufficient to make possible their liquidation within their life at no greater average annual cost to the county than would be required to liquidate, within the same number of years, the portion of the outstanding indebtedness found to be valid at the interest rate borne by it before refunding.(6) Within thirty (30) days after the date of a decision by the state local debt officer approving a county's proposal to issue bonds, any interested party or taxpayer of the county may appeal to the Circuit Court of the county proposing to issue the bonds. Appeal shall be taken by filing a complaint with the clerk of the court and serving a copy of the complaint upon the state local debt officer by certified mail, return receipt requested. The fiscal court and, in the case of funding or refunding bonds, the creditors whose claims or bonds are proposed to be funded or refunded, shall be made parties to the appeal. The state local debt officer shall not be named as a party to an appeal under this subsection, but shall be allowed to intervene in the appeal upon his or her motion. Summons shall

be served and class representatives designated as provided in the Rules of Civil Procedure. Within thirty (30) days of receipt of the complaint, the state local debt officer shall certify and file a copy of the record of the proceedings and his or her decision with the Circuit Court.(7) A county proposing to issue bonds may appeal a decision of the state local debt officer disapproving the issuance of the bonds by filing a complaint with the Franklin Circuit Court within thirty (30) days after the date of the decision. The state local debt officer shall be named as a defendant in an appeal under this subsection. Summons shall be issued and served as provided in the Rules of Civil Procedure. With his or her answer, the state local debt officer shall certify and file a copy of the record of the proceedings and his or her decision.(8) Appeals to the Circuit Court shall be advanced on the docket and shall be heard and decided upon the record certified by the state local debt officer. The findings of fact of the state local debt officer shall be final if supported by any substantial evidence; however, if only the question of the validity of the bonds proposed to be funded or refunded is in issue, additional evidence relating to the validity of the bonds may be presented.(9) An appeal may be taken from the Circuit Court to the Court of Appeals in the manner provided in the Rules of Civil Procedure.(10) If no appeal is taken from the approval of a bond issue by the state local debt officer as provided in this section, the decision as to the legality of the bonds shall be res judicata in any subsequent case or cases raising the question of their legality.(11) Record of the approval of bonds as provided in this section shall be made in the minutes of the next meeting of the fiscal court of the county issuing the bonds so approved, and copies of all decisions of the state local debt officer shall be filed with the Secretary of State.(12) As used in this section, bonds means bonds and obligations.

CHAPTER 67. COUNTY GOVERNMENT (FISCAL COURTS AND COUNTY COMMISSIONERS)GENERAL PROVISIONS

67.020 Removal of county seat

(1) When a petition, signed in person by a number of legal voters of the county equal to twenty-five percent (25%) of the number of votes cast in the county at the last general election for county officers, is filed with the county judge/executive, asking for an election on the proposition of removing the county seat, the county judge/executive, by orders entered of record, shall call an election on that proposition to be held on the day of the next general election for county officers that does not occur within less than ninety (90) days from the filing of the petition. No order calling such an election shall be legal unless the place to which the county seat is proposed to be removed is specified in the petition and in the order calling the election.(2) The county judge/executive, by order entered of record, shall direct the sheriff to advertise the election and its object by publication pursuant to KRS Chapter 424.(3) If two-thirds (2/3) of all legal voters who vote at the election vote for removal, the fiscal court shall provide for the removal of the county seat.(4) Elections under this section shall not be held oftener than once every ten (10) years in the same county.

67.030 Dividing county or striking off territory

(1) When a petition, describing a particular territory of a county and signed in person by not less than a majority of the voters living in that territory, is filed with the county judge/executive, asking for an election on the proposition of dividing the county or striking the described territory from the county and attaching it to an adjoining county, the county judge/executive, by order entered of record, shall call an election on that proposition to be held on the day of any regular election held in the county for other than county officers if the order is filed with the county clerk not later than the second Tuesday in August preceding the day of the regular election. No order calling such an election shall be legal unless it contains a specific description of the territory proposed to be stricken or divided.(2) The county judge/executive, by order entered of record, shall direct the sheriff to advertise the election and its object by publication pursuant to KRS Chapter 424, and by printed handbills posted at the courthouse door and at not less than four (4) places in each precinct.(3) The proposition shall not be adopted unless a majority of all the legal voters of the county voting on the question vote in favor of it.(4) Any portion stricken off and added to another county as a result of the election shall be bound for all costs expended.

67.045 District boundaries; reapportionment; procedure

(1) For the purposes of this section the word "district" shall mean:(a) Justice's of the peace district in counties having a fiscal court composed of the county judge/executive and the justices of the peace;(b) County commissioner's district in counties having a fiscal court composed of the county judge/executive and three (3) county commissioners; or(c) Justice's of the peace district in counties having a fiscal court composed of the county judge/executive and

three (3) county commissioners established according to KRS 67.060.(2) In counties where the members of the county fiscal court are nominated or elected by districts, the boundaries of those districts shall be drawn so that the districts are compact, contiguous, and the population of each district shall be as nearly equal as is reasonably possible.(3) In counties where the fiscal court consists of the county judge/executive and three (3) county commissioners established according to KRS 67.060, the justice of the peace districts shall be coextensive with the three (3) county commissioner districts.(4) The fiscal court shall initiate reapportionment proceedings in May of the first year following the decennial census of the United States. The fiscal court may, at other times, review the district boundaries and shall initiate reapportionment proceedings if the district boundaries are in violation of subsection (2) of this section.(5) To initiate a reapportionment proceeding, the fiscal court shall publish notice of the planned reapportionment in accordance with KRS Chapter 424 and appoint three (3) competent citizens of the county over twenty-one (21) years of age, and residing in different districts, and the county clerk as a nonvoting member as commissioners to reapportion the county into not less than three (3) nor more than eight (8) justices' districts in counties having a fiscal court composed of the county judge/executive and the justices of the peace or three (3) commissioner's districts in counties having a fiscal court composed of the county judge/executive and county commissioners. The commissioners, before they proceed to act, shall be sworn to faithfully perform their duties. They shall receive out of the county treasury a reasonable compensation for their services, fixed by the fiscal court.(6) The commissioners shall, within sixty (60) days after their appointment, lay off the boundary lines of the districts. They shall file in the office of the county clerk and with each member of the fiscal court a written report, showing the boundary of each district and the estimated population in each. Within sixty (60) days of the receipt of the report, the fiscal court shall consider the report of the commissioners and, in accordance with the provisions of KRS 67.075 to 67.077, adopt or amend the report in establishing the districts. In no event shall districts be reapportioned during the period from thirty (30) days prior to the last date for filing for candidacy for county office as provided in KRS 118.165 and the regular election for candidates for county office.(7) Precinct lines shall be redrawn when necessary in accordance with the provisions of KRS 117.055. No precinct shall be in more than one (1) district.(8) Within twenty (20) days of the establishment of the districts by the fiscal court, any registered voter of the county may bring an action in the Circuit Court to enforce the provisions of this section. The Circuit Court shall hear the action and, on a finding that the fiscal court has violated the provisions of this section, remand the matter to the fiscal court. The Circuit Court, in its discretion, may allow the prevailing party, other than the fiscal court, a reasonable attorney's fee, to be paid from the county treasury, as part of the costs.

67.050 County commissioners; election to ascertain having; return to prior form of government

(1) Any county may have a fiscal court consisting of the county judge/executive and three (3) commissioners elected from the county at large. To ascertain whether the county desires to have county commissioners, the county judge/executive, upon an application by written petition signed by registered voters of the county equal in number to at least fifteen percent (15%) of the total number of votes cast in the county in the preceding presidential election or one thousand two hundred (1,200) registered voters of the county, whichever is less, shall enter an order on his order book calling an election to submit to the legal voters of the county the following question: "Are you for or against having a fiscal court composed of three (3) commissioners and the county judge/executive?" The order shall be entered at the next regular term after the petition is filed, and shall direct the election to be held at the next regular election to be held in the county if the order is filed with the county clerk not later than the second Tuesday in August preceding the day of the regular election. The county clerk shall give to the sheriff or other officer appointed to hold the election a certified copy of the order within five (5) days after the order is made, and the sheriff or other officer shall have the order published pursuant to KRS Chapter 424 and in addition advertise it by printed handbills posted at one (1) or more conspicuous places in each precinct in the county for the length of time that publication is required, stating when the election will be held and the purpose thereof.(2) All such elections shall be held under the general election laws. No such election shall be held in any county more often than once in four (4) years.(3) Any county that has voted in favor of having county commissioners may return to its prior form of government by following the same procedures as provided in subsections (1) and (2) of this section, by which it chose to have county commissioners. A petition for an election on a return to a fiscal court composed of justices of the peace and the county judge/executive shall state a proposed number of justices of the peace. The question to be submitted to the voters shall be in the following form: "Are you in favor of a return to a fiscal court composed of the county judge/executive and (insert the proposed number of justices) justices of the peace who shall represent specific districts within the county?"(4) If a majority of the votes cast at an election held under subsection (3) of this section are in favor of a return to a fiscal court composed of justices of the peace and the county judge/executive, the fiscal court shall, if necessary, initiate proceedings to reapportion the justices districts, and such reapportionment shall conform to the requirements of KRS 67.045. The change in the composition of the fiscal court shall become effective upon the assumption of office of justices of the peace elected at the next regular election for that office.

67.077 Treatment of proposed ordinance; incorporation of material into ordinance by reference; section not applicable to charter county, urban-county government, or consolidated local government

(1) No county ordinance shall be passed until it has been read on two (2) separate days, but ordinances may be read by title and a summary only. A proposed ordinance may be amended by the fiscal court after its first reading and prior to its adoption. All amendments shall be proposed in writing, and only by setting out in full each amended section.(2) No county ordinance shall be passed until it has been published pursuant to KRS Chapter 424. Prior to passage, ordinances may be published by summary. Publication shall include the time, date, and place at which the county ordinance will be considered, and a place within the county where a copy of the full text of the proposed ordinance is available for public inspection. Publication of amendments to a proposed ordinance shall be required, pursuant to KRS Chapter 424, prior to its adoption, and amendments shall be filed with the full text of the proposed ordinance that is available for public inspection. If consideration for passage is continued from the initial meeting to a subsequent date, no further publication shall be necessary if at each meeting the time, date, and place of the next meeting are announced.(3) All county ordinances and amendments shall be published after passage and may be published in full or in summary form at the discretion of the fiscal court. If applicable, a sketch, drawing, or map, together with a narrative description written in layman's terms, may be used in lieu of metes and bounds descriptions. If published in summary form, publication shall contain notice of a place in the county where the full text of the ordinance or amendment is available for public inspection.(4) Traffic, building, housing, plumbing, electrical, safety, and other self-contained codes may be adopted by reference if a copy of the code is kept with the adopting ordinance and is made a part of the permanent records of the county.(5) The provisions of this section shall not be applicable in counties that have pursuant to KRS 67.830 adopted a charter county form of government or pursuant to KRS Chapter 67A adopted an urban-county form of government or pursuant to KRS Chapter 67C adopted a consolidated local government.

67.090 Place of holding fiscal court; terms

(1) The fiscal court of each county shall hold its sessions at the county seat or at other county government centers within the county as authorized by the fiscal court. On the seventh day prior to any meeting of the fiscal court at a site other than the county seat, the clerk of the fiscal court shall, for one (1) day, publish notice of the meeting in a newspaper as provided by KRS Chapter 424.(2) The fiscal court shall hold a regular term each month, which shall continue until the business of the court is completed. The county judge/executive may, by an order of record, fix the dates for the commencement of the regular terms.(3) The county judge/executive may call a special term of the fiscal court for the transaction of any business of which that court has jurisdiction. If a special term is necessary and the county judge/executive is unable, or refuses to act, a majority of the members of the fiscal court may call the special term.

67.220 Advertisement of election

The county judge/executive of each county, by order of record, shall direct the sheriff of that county to advertise the election, and the object thereof by publication pursuant to KRS Chapter 424.

67.845 Dissolution of incorporated cities and special districts; effect

The comprehensive plan for merging city and county governments into a charter county government under KRS 67.825 to 67.875 may provide for the corporate dissolution of incorporated cities and special districts within the county. If the incorporated cities and special districts within the county are dissolved, the following provisions shall apply:(1) For purposes of all state and federal licensing and regulatory laws, statutory entitlement, gifts, grants-in-aid, governmental loan, or other governmental assistance under state or federal laws, rules, or regulations:(a) The charter county may be deemed a county and, if so, the entire geographic area and population of the charter county shall be considered in calculating and determining the distribution basis for state or federal statutory entitlements, gifts, grants-in-aid, loans, or other forms of governmental assistance;(b) The charter county government may designate to the appropriate state or federal agency those geographic areas, portions of roads, or segments of population that shall be deemed to constitute rural or urban areas, roads, or population.(2) The chief executive officer of the charter county government may determine and make the designations provided for in this section following a public hearing. The charter county government shall fix the time and place of the hearing and it shall be advertised pursuant to KRS Chapter 424.

67.914 Public hearings on unification plan

The unification review commission shall hold at least one (1) public hearing prior to finalizing its plan to combine county government with one (1) or more cities within the county into a unified local government. The commission may hold additional public hearings as determined by the commission. Notice setting forth the time, date, location,

and purpose of the public hearing shall be published as required by KRS Chapter 424.

CHAPTER 67A. URBAN-COUNTY GOVERNMENT

67A.050 Designation for purposes of state or federal laws or administrative regulations

The comprehensive plan for merging city and county governments into an urban-county government under this chapter may provide for the corporate dissolution of incorporated municipalities and special districts within the county whereupon:(1) For purposes of all state and federal licensing and regulatory laws, statutory entitlement, gifts, grants-in-aid, governmental loan, or other governmental assistance under state or federal laws or administrative regulations;(a) The urban-county shall be deemed a county and shall also be deemed to contain incorporated municipalities of the number and classes which existed in the county on the day prior to the date the urban-county government became effective; and the entire geographic area and population of the urban-county shall be considered in calculating and determining the distribution basis for state or federal statutory entitlements, gifts, grants-in-aid, loans, or other forms of governmental assistance;(b) The urban-county government is empowered to designate to the appropriate state or federal agency those geographic areas, portions of roads, segments of population, or combinations thereof which shall be deemed to constitute rural or urban areas, roads or population, notwithstanding whether such areas, roads or population are within incorporated municipalities.(2) The chief executive officer of the urban-county government shall determine and make the designations herein following a public hearing thereon. The urban-county government shall fix the time and place of the hearing which shall be advertised pursuant to KRS Chapter 424.

CHAPTER 67A. URBAN-COUNTY GOVERNMENT


67A.070 Ordinance powers; conflicts; readings; effective date; publication requirements; adoption by reference to recognized codes

(1) Urban-county governments may enact and enforce within their territorial limits such tax, licensing, police, sanitary and other ordinances not in conflict with the Constitution and general statutes of this state now or hereafter enacted, as they shall deem requisite for the health, education, safety, welfare and convenience of the inhabitants of the county and for the effective administration of the urban-county government.(2) Urban-county government ordinances shall be deemed to conflict with general statutes of this state only:(a) When the ordinance authorizes that which is expressly prohibited by a general statute; or(b) When there is a comprehensive scheme of legislation on the same subject embodied in a general statute.(3) No ordinance or resolution shall be considered by the urban-county government legislative body until it has been read at two (2) separate meetings; provided, however, that the requirement for a second reading may be suspended by a two-thirds (2/3) vote of the membership of the legislative body. Requirements for reading ordinances or resolutions may be satisfied by public reading of the title and of a certified synopsis of the contents prepared by an attorney licensed to practice law in the Commonwealth of Kentucky.(4) All ordinances and resolutions shall be effective upon passage, unless timely vetoed by the chief executive officer of the urban-county government pursuant to the provisions of the comprehensive plan of the urban-county government. Any ordinance or resolution imposing fines, forfeitures, imprisonment, taxes or fees, other than a bond ordinance or resolution, shall be published in full in the daily newspaper which has the largest bona fide circulation in the county and is published in the publication area. The publication requirements for all other ordinances or resolutions, including bond ordinances or resolutions, shall be satisfied by publication in full or by publication of the title and of a certified synopsis of the contents prepared by an attorney licensed to practice law in the Commonwealth of Kentucky.(5) The provisions of any local, statewide or nationally recognized standard code and codifications of entire bodies of local legislation may be adopted by ordinance which identifies the subject matter by title, source and date and incorporates the adopted provisions by reference without setting them out in full, provided a copy accompanies the adopting ordinance and is made a part of the permanent records of the urban-county government.

67A.160 Procedure for referendum authorized by KRS 97.590; combined proposal with purchase of development rights program

The procedure for a referendum authorized by KRS 97.590 shall be as follows:(1) A public parks purchase and maintenance program proposal authorized by KRS 97.590 may be submitted to the voters of an urban-county by either a resolution of the legislative body or a petition meeting the requirements of this section. The resolution or petition shall set out the matters specified in KRS 97.590(1). The proposal shall be drafted in such a way that a vote in favor of adoption shall be a vote in favor of the effect or impact of the proposal.(2) Petitions shall be signed by registered voters of the urban-county government equal in number to at least ten percent (10%) of the total number of votes cast in the urban-county in the last regular mayoral election of the

urban-county government.(3) If, not later than ninety (90) days preceding the day established for a regular election, the county clerk receives a resolution adopted by a three-fifths (3/5) vote of the legislative body of the urban-county government requesting that the question be submitted to the voters or determines that a petition submitted in accordance with this section is sufficient, the legal department of the urban-county government shall prepare to place before the voters of the urban-county government at the next regular election the question, which shall appear on the ballot in the following form:

"() FOR RATIFICATION OF (summary of proposed program)

() AGAINST RATIFICATION OF (summary of proposed program)"

The county clerk shall cause to be published not fewer than three (3) times within thirty (30) days of the election, in a newspaper having a general circulation in the territory of the urban-county government, notice of the referendum, the exact language of the proposal, and a map prepared by the urban-county government showing the general location of the properties that may be purchased and the public parks that may be maintained under the program.(4) The provisions of general election law shall apply to a referendum conducted under this section. The certificate of the body authorized by law to canvass election returns shall be delivered to the mayor of the urban-county government and the certificate shall be entered upon the records of the urban-county government during the next regular meeting of the urban-county government legislative body. If a proposed program is approved, it shall become effective at the time specified in the proposal, but the effective date shall not be before the first day of January following the election.(5) After complying with the provisions of this section and KRS 67A.847, a purchase of development rights program authorized by KRS 67A.843 and 67A.845 may include a public parks and maintenance program proposal authorized by KRS 97.590. In the case of a combined proposal, the urban-county government shall place before the voters a single ballot proposal that combines the purchase of development rights proposal and the public parks purchase and maintenance proposal. In that event, the proposal shall specify which tax levy or portion thereof shall provide funding for the purchase of development rights program proposal and which shall provide funding for the purchase of parks and maintenance program.

67A.240 Examinations; rating; eligible list

(1) The civil service commission shall prescribe and propound such said examinations as are proper, commensurate with vacant positions within the various departments of the urban-county government, according to classification prescribed by ordinance, shall set such times and places for holding examinations as may be proper and shall give public notice of vacancies by publication pursuant to KRS Chapter 424, and shall give actual notice to all eligible applicants of time and place of examinations. Provided, however, that the civil service commission may prescribe and propound job descriptions which reasonably establish minimum qualifications and standards for eligibility to take such examinations, but in no event shall such job descriptions be a subterfuge for the evasion of the requirement that employment be determined on the basis of the principles set out herein.(2) The civil service commission shall, as soon after examinations as is practicable, certify to the appointing authority, a list of the applicants so examined, with the one having the highest average ranked first, and all others ranked numerically according to the result of the examination. After the compilation of such a list the commission may provide for further, substantially identical examinations, given on the same basis as the original examination, to supplement the list so compiled, and the results of each such subsequent examination shall be consolidated with the results of the prior examinations to provide an eligible list from among all of those who have taken such several examinations.(3) Every soldier, sailor, marine, members of the air forces, Army Nurses Corps and members of other branches of the military services and Red Cross nurses who served during a period of hostilities between the United States and another power in World War II or the Korean or Vietnam conflict who has not been dishonorably discharged, and who is an applicant for any position of civil service of the urban-county government shall be entitled to five percent (5%) increase on his examination mark on entrance into civil service employment.(4) The civil service commission of urban-county governments shall maintain an eligible list of not less than five (5) for each position to be filled.(5) The legislative body may designate certain civil service positions and prescribe that for such positions the examinations shall first be given exclusively to current employees; provided, however, that if no employee with a minimum of six (6) months' seniority achieves a passing grade, an examination shall be held in accordance with subsection (1) of this section, and shall be held, if less than five (5) such persons achieve a passing grade if the appointing authority so determines.

67A.730 First Ordinance; contents; hearing

If an urban-county government desires to authorize, construct, and finance an improvement pursuant to the provisions of KRS 67A.710 to 67A.825, its governing body shall initiate the proceedings by adopting an ordinance, herein called the "First Ordinance," in which announcement shall be made of the proposed improvement in such manner as to identify the benefited properties which properties may be identified by naming the public way or ways upon which they abut, if any, or by geographical location, or both. In either case the ordinance shall recite the nature and scope of the improvement, a preliminary estimate of the costs thereof, as submitted in writing by an

engineer, or firm of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if any, which the urban-county government proposes to appropriate from available funds toward the estimated cost. In all succeeding proceedings, the urban-county government shall be bound and limited by the preliminary report of the engineer, or engineers, with regard to the nature, scope, and extent of the proposed improvement project (unless the First Ordinance be amended); but shall not be bound by, or limited to, the preliminary estimate of costs. The costs shall be determined upon the basis of construction bids publicly solicited as hereinafter provided, and shall be binding upon the urban-county government, and upon the owners of property to be benefited by the proposed improvement project, whether the same turn out to be equal to, below, or above such preliminary estimate. Architects, engineers, and fiscal agents may be employed without advertising or competition. The First Ordinance shall provide for a public hearing at a time and place specified therein (not less than one (1) week after publication) and shall give notice that at the hearing any owner of property to be benefited may appear and be heard as to:(1) Whether the proposed project should be undertaken or abandoned, and(2) Whether the nature and scope of the project shall be altered. The First Ordinance shall be published pursuant to KRS Chapter 424. The First Ordinance may designate a person, who may be the mayor, a member of the governing body, or any official of the urban-county government, to preside at and conduct such public hearing. In the absence of a designation in the ordinance, the mayor, or a person designated by the mayor shall preside. Notwithstanding the foregoing, the public hearing shall not be deemed irregular or improper if it is in fact presided over and conducted at the designated time, and place by any elected officer or member of the governing body. Any owner of property intended to be benefited by the proposed improvement project may be heard at such public hearing, in person or by a representative.

67A.740 Construction contracts; bids; performance bonds

Proposals for the construction of the project shall be solicited upon the basis of the submission of sealed competitive bids after advertisement, by publication pursuant to KRS Chapter 424. Upon or after the acceptance by the governing body of a bid, or combination of bids, the governing body may determine the total cost for the proposed project, taking into account the amount of the accepted bids, and all other costs of the project, as herein defined. Each contract shall be supported by a performance bond for the full amount thereof, with good surety to be approved by the governing body.

67A.765 Sale of bonds; bids; advertisement

After the Third Ordinance has been adopted (and without regard for its date of publication), the urban-county government may solicit the submission of bids or proposals for the purchasing of the bonds authorized by the Third Ordinance, the same to be received upon a sealed competitive basis after advertisement by publication pursuant to KRS Chapter 424. Such bids or proposals may be solicited on the basis of competition as to price or interest coupon rates, as may be specified in the published notice, and bids offering less than the par or face value of the bonds may be considered and accepted if so stated in the published notice of the sale. If no bids are received upon terms acceptable to the governing body and conforming to the published notice, bids may again be solicited by similar published notice, until a purchase bid is received upon terms acceptable to the governing body, but the bonds, or a portion thereof, may be awarded to a contractor, according to the provisions of KRS 67A.710 to 67A.825.

67A.875 Determination of need by ordinance; preliminary planning procedures; ordinance of initiation

(1) Any urban-county government which determines that the public health, safety, and general welfare requires construction of a wastewater collection project and which proposes to undertake, authorize, construct, and finance a wastewater collection project pursuant to KRS 67A.871 to 67A.894 shall, by appropriate ordinance of its urban-county council make such determinations and cause preliminary plans, designs, specifications, and financial planning for such project to be prepared by one (1) or more engineers, or one (1) or more firms of engineers, licensed to do business in the Commonwealth of Kentucky. Alternatively, such preliminary procedures may be accomplished directly by duly-qualified government personnel. A preliminary engineering and financing report shall be prepared in writing by such engineers for submission to the government.(2) The preliminary engineering and financing report shall, designate a geographical area in which a wastewater collection project is recommended for construction, contain a reasonable description of the project facilities proposed to be constructed, contain a statement as to benefits to be conferred by the proposed project and the distribution of such benefits and contain an estimate of the costs of the proposed project. The urban-county council of such government shall receive such preliminary engineering and financing report at a regular meeting, shall thereafter study and evaluate the same, and by duly-enacted ordinance either approve the preliminary engineering and financing report as submitted, disapprove such report, or amend and approve same in its sound discretion.(3) Upon approval of the preliminary engineering and financing report, or amendment thereof and approval thereof as amended, by the urban-county council of such urban-county government, such council shall formally initiate proceedings for the acquisition and financing of the proposed wastewater collection project by the enactment of an ordinance to be designated as the ordinance of initiation, in which public announcement shall be made of the wastewater collection project proposed to be acquired, constructed, and financed, the identification of properties proposed to be benefited by such project, which benefited properties may be identified by naming the public way upon which the benefited properties abut, if any, or by geographical location, or by metes and bounds or other

appropriate description. The ordinance of initiation shall recite the nature and scope of the wastewater collection project being initiated by the government, shall give a preliminary estimate of the costs thereof, shall determine that each lot, parcel and tract of land named and identified in the ordinance of initiation as benefited property shall be afforded benefits by the project unless specifically excluded by such ordinance and shall order that a public hearing be held in respect of the proposed wastewater collection project.(4) In all succeeding proceedings, the government shall be bound and limited by the ordinance of initiation with regard to the nature, scope and extent of the proposed wastewater collection project, but shall not be bound by or limited to the preliminary estimate of the costs of the proposed project. The costs of such project shall be determined upon the basis of construction bids publicly solicited by such urban-county government as required by KRS 67A.871 to 67A.894, and shall be binding upon the government and upon the owners of benefited properties, whether they turn out to be equal to, below, or above, such preliminary estimate of costs.(5) In the ordinance of initiation, the urban-county council shall make findings of fact regarding the degree and nature of benefit which will accrue to benefited properties by the installation of the project. In the event the urban-county council determines as a fact that groups of benefited properties, or all benefited properties, will be affected and benefited in substantially the same manner and to substantially the same degree, such urban-county council may determine that it is appropriate to classify benefited properties into one or more assessment zones based upon the similarity of benefits to be derived by benefited properties from installation of the project, and in such case, the urban-county council may deem all benefited properties within a particular assessment zone to be equally benefited and therefore equally treated for purposes of levying improvement benefit assessments to provide funds to pay the costs of the project. It is the intent of KRS 67A.871 to 67A.894 to vest in the urban-county council of any urban-county government undertaking a project, authority to make findings of fact in order to classify properties according to benefits conferred from the construction of projects, and such urban-county council may, as aforesaid, by appropriate ordinance, determine that identified groups of benefited properties will be benefited similarly by a project and shall therefore be treated equally for purposes of levying improvement benefit assessments upon such benefited properties. The urban-county council may accept and rely upon any pertinent data in making such findings of fact, including, the size and diameter of sanitary sewer service connections to be made available. In the event the urban-county council of the government shall determine that all properties situated within a particularly described classification or zone shall not receive substantially equal benefits from the project, the urban-county council shall determine in the ordinance of initiation that such properties shall be assessed for benefits conferred based upon the relative assessed land valuation of each benefited property as it relates to the aggregate assessed land valuation of all benefited properties within such particularly described classification or zone initially, when property owners shall be afforded the opportunity to pay improvement benefit assessments on a lump sum basis, and subsequently, during each annual period when bonds issued to provide for payment of costs of the project not paid by lump sum payments shall be outstanding. Findings of fact made by any urban-county council in accordance with the provisions of this section shall be entitled to a presumption of regularity and accuracy when based upon receipt of, and consideration of, factual data and information described in this section.(6) The ordinance of initiation shall provide that a public hearing shall be held in respect of the proposed project at a time and place which shall be specified in the ordinance of initiation, and shall give notice that at the public hearing any owner of benefited property may appear and be heard as to whether the proposed project should be undertaken, whether the nature and scope of the project should be altered, and whether the project shall be financed through the assessment of benefited properties and issuance of bonds in respect of assessments not paid on a lump sum basis, all as proposed by the ordinance of initiation and as authorized by KRS 67A.871 to 67A.894.(7) The ordinance of initiation shall be published pursuant to KRS Chapter 424, and shall designate an individual, who shall be a member of the urban-county council or any government officer, to preside at the public hearing. In the absence of a designation in the ordinance of initiation, the mayor of the government shall preside at the public hearing. Notwithstanding the foregoing, the public hearing shall not be deemed irregular or improper if it is in fact presided over and conducted at the designated time and place by any official of the urban-county government.

67A.876 Notice of public hearing

The urban-county government shall cause notice of the public hearing ordered to be held by the ordinance of initiation to be afforded to all owners of property proposed to be benefited by the project and to be assessed for the costs thereof. The notice shall be published pursuant to KRS Chapter 424, and in addition, such reasonable actual notice as is best suited to advise affected benefited property owners shall be given to owners of the benefited property using such methods as shall be determined by ordinance of the urban-county government to be the most practicable in the circumstances. The notice shall advise owners of benefited property that a public hearing shall be held in respect of the project and its financing, and that assessments to pay the costs of the project are proposed to be levied against all benefited properties.

CHAPTER 68. COUNTY FINANCE AND COUNTY TREASURERCOUNTY FINANCIAL OFFICERS, TAXATION, AND FISCAL MANAGEMENT

68.080 Publication of annual financial statement of counties containing city of first class

The fiscal court of each county that contains a city of the first class shall cause to be published pursuant to KRS Chapter 424, at the end of each fiscal year, a financial statement of the county which shall include a list of the claims and amounts thereof allowed against the county during the preceding fiscal year, and to whom allowed, with

such other information as the fiscal court deems proper to have published.

68.245 Estimate of assessment; levy in excess of compensatory tax rate subject to recall vote or reconsideration

(1) The property valuation administrator shall submit an official estimate of real and personal property and new property assessment as defined in KRS 132.010, to the county judge/executive by April 1 of each year.(2) No county fiscal court shall levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS 107.350 and 107.360, following a favorable vote upon such tax by the voters of that county, which exceeds the compensating tax rate defined in KRS 132.010, until the taxing district has complied with the provisions of subsection (5) of this section.(3) The state local finance officer shall certify to each county judge/executive, by June 30 of each year, the following:(a) The compensating tax rate, as defined in KRS 132.010, and the amount of revenue expected to be produced by it;(b) The tax rate which will produce no more revenue from real property, exclusive of revenue from new property, than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 and the amount of revenue expected to be produced by it.(4) Real and personal property assessment and new property determined in accordance with KRS 132.010 shall be certified to the state local finance officer by the Department of Revenue upon completion of action on property assessment data.(5) (a) A county fiscal court, proposing to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS 107.350 and 107.360, following a favorable vote upon the tax by the voters of that county, which exceeds the compensating tax rate defined in KRS 132.010, shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.(b) County fiscal courts of counties containing a city of the first class proposing to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS 107.350 and 107.360, following a favorable vote upon the tax by the voters of that county, which exceeds the compensating tax rate defined in KRS 132.010, shall hold three (3) public hearings to hear comments from the public regarding the proposed tax rate. The hearings shall be held in three (3) separate locations; each location shall be determined by dividing the county into three (3) approximately equal geographic areas, and identifying a suitable facility as near as possible to the geographic center of each area.(c) The county fiscal court shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches, the following:1. The tax rate levied in the preceding year, and the revenue produced by that rate;2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;3. The compensating tax rate and the revenue expected from it;4. The revenue expected from new property and personal property;5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;6. A time and place for the public hearings which shall be held not less than seven (7) days nor more than ten (10) days, after the day that the second advertisement is published;7. The purpose of the hearing; and8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.(d) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.(e) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The county fiscal court may set reasonable time limits for testimony.(6) (a) That portion of a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS 107.350 and 107.360, following a favorable vote upon a tax by the voters of that county, levied by an action of a county fiscal court which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided for in KRS 132.017, and shall be advertised as provided for in paragraph (b) of this subsection.(b) The county fiscal court shall, within seven (7) days following adoption of an ordinance to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS 107.350 and 107.360, following a favorable vote upon a tax by the voters of that county, which will produce revenue from real property, exclusive of revenue from new property as defined in KRS 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:1. The fact that the county fiscal court has adopted a rate;2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating

tax rate defined in KRS 132.010 is subject to recall; and3. The name, address, and telephone number of the county clerk, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.

68.260 Adoption of budget by fiscal court

(1) The proposed county budget, tentatively approved by the fiscal court and approved by the state local finance officer as to form and classification, shall be submitted to the fiscal court for adoption not later than July 1 of each year. The budget as presented and amended shall be adopted as of July 1. The county judge/executive shall cause a copy of the proposed budget to be posted in a conspicuous place in the courthouse near the front door, and be published pursuant to KRS Chapter 424, at least seven (7) days before final adoption by the fiscal court.(2) Any taxpayer or group of taxpayers may petition the fiscal court in respect to the budget or any part thereof before final adoption.(3) If the fiscal court rejects any part of the proposed budget, it shall make the changes in the nature and amount of funds a majority of the court considers desirable, but it has no power to make any change in the form or classification of the budget units or subdivisions of units.(4) The fiscal court may amend the budget on the basis of the assessment from the Department of Revenue. The fiscal court shall finalize the budget within thirty (30) days of the receipt of the certified assessment.

CHAPTER 73. SURVEYOR AND PROCESSIONERS

73.230 Notice of processioning land and taking depositions

Any person desiring to have his land processioned, or desiring to take depositions as allowed by KRS 73.220, may give ten (10) days' notice to any person interested, or his agent or attorney, or, if an infant, or person adjudged mentally disabled, to his guardian or conservator, of the time and place when and where the processioners will convene. If the party interested does not reside in the state, and has no known agent therein, notice shall be published pursuant to KRS Chapter 424 and shall also be posted for the same period that publication is required on the courthouse door. The printer of the paper in which the notice is published shall make an affidavit of the fact of publication, which, with the notice, shall be filed with the processioners before they act, and returned with their proceedings. An affidavit of a disinterested person of the service of a notice on persons interested, or their agents, or the fact of such agency, shall, in like manner, be made and filed with the processioners, and returned with their report.

CHAPTER 74. WATER DISTRICTS

74.140 Acceptance of report; notice; final hearing

When the final report is completed and filed, it shall be examined by the county judge/executive, and if it is found to be sufficient it shall be accepted. If it is not sufficient, it may be referred back to the commission with instructions to secure further information, to be reported at a subsequent date fixed by the county judge/executive. When the report is fully completed and accepted by the county judge/executive, a date not less than twenty (20) days thereafter shall be fixed by the county judge/executive for the final hearing upon the report, and notice of the hearing shall be given by publication pursuant to KRS Chapter 424. During that time, a copy of the report shall be on file in the office of the county clerk, and shall be open to the inspection of any landowner or person interested within the district. Any landowner assessed therein may file exception to the report. The county judge/executive upon final hearing shall confirm or reject the report.

74.360 Manner of giving notices required by this chapter

The notices required by KRS 74.110, 74.150, 74.160, 74.170, 74.180 and 74.200 shall be given by publication pursuant to KRS Chapter 424.

74.361 Merger of water districts; hearing; orders

(1) The General Assembly of the Commonwealth of Kentucky determines as a legislative finding of fact that reduction of the number of operating water districts in the Commonwealth will be in the public interest, in that mergers of such districts will tend to eliminate wasteful duplication of costs and efforts, result in a sounder and more businesslike degree of management, and ultimately result in greater economies, less cost, and a higher degree of service to the general public; and that the public policy favors the merger of water districts wherever feasible.(2) The Public Service Commission of Kentucky is authorized and empowered to initiate, carry out, and complete such investigations, inquiries, and studies as may be reasonably necessary to determine the advisability as to the merger of water districts. Prior to ordering a hearing with reference to the merger of any water district into one

(1) or more additional water districts, the Public Service Commission shall cause to be prepared in writing a feasibility report and study regarding the proposed merger, containing such studies, investigations, facts, historical data, and projections as in the circumstances may be required in order to enable the commission to formulate a proper decision regarding such merger.(3) Based upon the written report and study required to be made incident to any water district merger, the Public Service Commission may propose by order that a merger of water districts be accomplished, and, upon the issuance of such order, shall give actual notice to all water districts proposed to be merged. Said order shall provide for a formal public hearing to be held before the Public Service Commission on the subject of such proposed merger. Actual notice of such merger hearing shall also be furnished to the county judges/executive of each county containing a water district proposed to be merged, and each water commissioner of a water district proposed to be merged, and notice of such public hearing shall be afforded to the public served by the respective water districts sought to be merged, by newspaper notice in accordance with the provisions of KRS Chapter 424.(4) A formal hearing before the Public Service Commission shall be held with reference to such merger proposal, and, upon such occasion, all water districts which are sought to be merged into a single entity shall be afforded the right to appear, to present evidence, to examine all exhibits and testimony, to cross-examine all witnesses, and to submit such memoranda, written evidence, and briefs as may be desired. Such public hearing may be adjourned from time to time by the Public Service Commission, and notice of such adjournments may, but need not, be afforded as with reference to the initial public hearing. At the conclusion of such proceedings, the Public Service Commission shall enter its order, either merging the water districts which are the subject of the merger proceedings into a single water district, or abandoning the merger proposal.(5) Outstanding obligations of any water district merged in accordance with the provisions of this section which are secured by the right to levy an assessment as provided by KRS 74.130 to 74.230, inclusive, or secured by a pledge of the income and revenues of the systems operated by any such merged water district, shall continue to be retired from such moneys and funds as shall be collected from the users of facilities operated by such merged water districts in the original water district area in accordance with the terms and provisions of the enabling laws and the authorizing resolutions or indentures under which the outstanding obligations were issued, until all such obligations have been retired.(6) In any order ordering the merger of water districts, the Public Service Commission shall make such additional orders as may be required in connection with the schedule of rates, rentals and charges for services rendered to be levied by the water district which remains in existence following such merger, having due regard to contractual commitments made and entered into by the constituent merged water districts in connection with the issuance of obligations by such districts.(7) Upon the effective date of any merger of water districts, the water commissioners of the merged water districts shall continue to serve as water commissioners for the remainder of the terms for which they were appointed, and, following the expiration of the terms of such water commissioners, the appropriate county judge/executive or county judges/executive shall appoint and reappoint water commissioners to manage the business and affairs of the resultant water district, in the manner provided by KRS 74.020.(8) Any order of merger entered by the Public Service Commission in accordance with this section shall be subject to all of the provisions of KRS Chapter 278, with reference to petitions for rehearing, and appeal.(9) Using the authority of this section the Public Service Commission can also cause mergers of water associations into water associations or mergers of water associations into water districts.(10) Nothing contained herein shall be construed to prohibit or limit in any respect the acquisition by water utilities subject to the jurisdiction of the commission or by municipally owned water utilities of the assets of water districts or water associations or the merger of water districts or water associations and water utilities subject to the jurisdiction of the commission or municipally owned water utilities.

74.367 Discontinuance of water district; procedure

(1) At any time after the organization of a water district, and after approval by the Public Service Commission in a proceeding similar to that provided by KRS 74.012, more than fifty percent (50%) of the freeholders within the district may file a petition with the county judge/executive who had jurisdiction over the organization of the district requesting discontinuance of the water district. The petition shall state the reasons for discontinuance and that all obligations of the district have been met and that approval of the Public Service Commission has been obtained.(2) After giving notice as provided in KRS Chapter 424 the county judge/executive may conduct such hearings on the petition as may be necessary to assist in making a determination.(3) If, after hearings on the petition for discontinuance of the district the county judge/executive determines that a discontinuance is in the best interest of the residents of the district, the water district shall be dissolved by order of the county judge/executive and a copy of the order shall be forwarded to the Public Service Commission.

74.400 District may acquire, develop, maintain and operate gas system; procedure

(1) Any county judge/executive, except in counties containing a city of the first class, upon petition of seventy-five (75) resident freeholders of a water district organized under the provisions of KRS 74.010, may authorize said water district to acquire, develop, maintain, and operate a system for the distribution of gas to the citizens of the county. The petition shall describe the territory intended to be included in the area to be served and shall set out the reasons a gas distribution system is needed.(2) When the petition is filed, the county judge/executive shall give notice of the filing by publication as provided in

KRS Chapter 424. Within thirty (30) days after the publication, any resident of the district may file objections, and the county judge/executive shall set the matter for hearing within ten (10) days. If the county judge/executive finds the establishment of a gas distribution system by such district reasonably necessary for the public health, convenience, and comfort of the residents, he shall make an order authorizing the establishment or acquisition of the gas distribution system.(3) The county judge/executive may in his order strike off any part of the territory that the testimony shows will not be benefited by the creation of the distribution system. If the county judge/executive does not find that the gas distribution system is necessary he shall dismiss the petition. Either party may appeal the order to the Circuit Court.

74.440 Procedure for creation of water commission

(1) Upon the adoption of an ordinance or resolution by the governing body of each city, water association, or water district, or upon a decision by a federal agency, a certified copy of it shall be filed with the county judge/executive of the county in which the cities, water associations, water districts, or federal agencies proposing the creation of the commission having the greatest aggregate population are situated; and upon the filing, the county judge/executive shall by appropriate order set a date for a public hearing on the creation of the commission and shall give reasonable notice of the public hearing, which notice may be given in the manner as provided by KRS Chapter 424. Any customer of the water systems or resident of the cities proposing the creation of the commission may file objections; and at the public hearing if the county judge/executive finds that the establishment of the commission is reasonably necessary or advantageous for the public health, convenience, and comfort of the customers of all the water systems which proposed the creation of the commission, he shall make an order establishing the commission and designating it by name which name shall include the words "water commission."(2) If the county judge/executive does not find that the creation of a commission is reasonably necessary or advantageous, he shall make an appropriate order in this regard. Any party in interest may appeal the order to the Circuit Court or the cities, water associations, and water districts may revise and readopt the ordinances or resolutions, or the federal agency may revise its decision.

CHAPTER 75. FIRE PROTECTION DISTRICTS

75.020 Annexation or reduction of territory; assumption by city of debt; merger of districts

(1) The territorial limits of an established fire protection district, or a volunteer fire department district, as established under KRS 75.010 to 75.080, may be enlarged or diminished in the following way: The trustees of the fire protection district or of the volunteer fire department district shall file a petition in the county clerk's office of the county in which that district and the territory to be annexed or stricken off, or the greater part thereof, is located, describing the territory to be annexed or stricken and setting out the reasons therefor. Notice of the filing of such petition shall be given by publication as provided for in KRS Chapter 424. On the day fixed in the notice, the county judge/executive shall, if the proper notice has been given, and the publication made, and no written objection or remonstrance is interposed enter an order annexing or striking off the territory described in the petition. Fifty-one percent (51%) or more of the freeholders of the territory sought to be annexed or stricken off may, at any time before the date fixed in the notice, remonstrate in writing, filed in the clerk's office, to the action proposed. If such written remonstrance is filed, the clerk shall promptly give notice to the trustees of the fire protection district, or of the volunteer fire department district, and the county judge/executive shall hear and determine the same. If upon such hearing, the county judge/executive finds from the evidence that a failure to annex or strike off such territory will materially retard the functioning of the fire protection district or the volunteer fire department district and materially affect adversely the owners and the inhabitants of the territory sought to be annexed or stricken off, he or she shall enter an order, granting the annexation or striking off the territory. In the latter event, no new petition to annex or strike off all or any part of the same territory shall be entertained for a period of two (2) years. Any aggrieved person may bring an action in Circuit Court to contest the decision of the county judge/executive.(2) The property in any territory annexed to a fire protection district or to a volunteer fire department district shall not be liable to taxation for the purpose of paying any indebtedness incurred by the fire protection district or the volunteer fire department district prior to the date of the annexation of such territory, except such indebtedness as represents the balance owing on the purchase price of firefighting equipment. The property in any territory stricken off from a fire protection district or a volunteer fire department district by the incorporation of or annexation by a city of this Commonwealth shall not be relieved of liability of such taxes as may be necessary to pay its proportionate share of the indebtedness incurred while such territory was a part of that district. Territories stricken by action of the county judge/executive under the provisions of subsection (1) shall be relieved of liability for all indebtedness incurred by the fire protection district or the volunteer fire department district.(3) Any city that maintains a "regular fire department," and has either by incorporation or annexation caused property to be stricken from a fire protection district or a volunteer fire department district, shall assume the liability of such taxes as may be necessary to pay the proportional share of the indebtedness incurred while such territory was a part of said district.(4) The territorial limits of two (2) or more fire protection districts, or volunteer fire department districts, as established by KRS 75.010 to 75.080, may be merged into one (1) fire protection district or volunteer fire department district as follows:(a) The trustees of each fire protection district or volunteer fire department district shall file a joint petition in the

county clerk's office of the county in which all of the districts and the territory to be merged into one (1) district, or the greater part of the district, is located, describing the territory to be merged into the district and setting out the reasons for the merger;(b) Notice of the filing of the petition shall be given by publication as provided in KRS Chapter 424 for public notices;(c) On the day fixed in the notice, the county judge/executive shall, if proper notice by publication has been given, and no written objection or remonstrance has been made, enter an order merging the fire protection districts or volunteer fire department districts described in the petition;(d) Fifty-one percent (51%) or more of the property owners of the territory sought to be merged into one (1) district may, at any time before the date fixed in the notice, remonstrate by written petition to the county clerk regarding their objection to the merger of the districts. If a petition is filed, the county clerk shall give prompt notice to the trustees of the fire protection districts or the volunteer fire protection districts and the county judge/executive;(e) The county judge/executive shall schedule a hearing regarding the petition and shall give public notice as to the date, time, and place of the hearing. If after the hearing, the county judge/executive finds from the evidence that a failure to merge the territory will materially retard the functioning of the fire protection districts or volunteer fire department districts and materially affect adversely the owners and the inhabitants of the territory sought to be merged, he or she shall enter an order granting the merger of the districts into one (1) fire protection district or volunteer fire department district; and(f) Any aggrieved person may bring an action in Circuit Court to contest the decision of the county judge/executive regarding the merger fire protection districts or volunteer fire department districts.(5) The property in any fire protection district or volunteer fire department district which is merged with another fire protection district or volunteer fire department district shall not be liable to taxation for the purpose of paying any indebtedness incurred by the other fire protection district or volunteer fire department district prior to the date of the merger into one (1) fire protection district, except indebtedness which represents a balance owed on the purchase price of firefighting equipment from the other fire protection district or volunteer fire department district.

75.031 Trustees, elections, appointments, terms; continued service upon establishment of consolidated local government; vacancies; removal; elections for part of trustees; officers

(1) (a) Upon creation of a fire protection district or a volunteer fire department district as provided in KRS 75.010, the affairs of the district shall be conducted by the board of trustees consisting of seven (7) members, four (4) to be elected by the members of the district as hereinafter set out and three (3) to be appointed by the county judge/executive or mayor in a consolidated local government pursuant to the provisions of KRS 67C.139. Two (2) members of the board of trustees shall be elected by the members of the firefighters of the district and shall be members of the district. Two (2) members of the board of trustees shall be property owners who own real or personal property which is subject to the fire protection tax pursuant to KRS 75.040, who personally reside in the district, and who are not active firefighters and shall be elected by the property owners of the district. Property owners voting to select representatives to the board of trustees shall have attained the age of eighteen (18). The county judge/executive of the county in which the greater part of the district is located shall, with the approval of the fiscal court, appoint three (3) members of the board of trustees. In counties containing a city of the first class, trustees appointed by the county judge/executive to serve in volunteer fire prevention districts shall reside within the boundaries of that county. In counties governed by a consolidated local government, trustees appointed by the mayor to serve in volunteer fire prevention districts shall reside within the boundaries of the consolidated local government. At the first election held after the district is formed, one (1) firefighter shall be elected to serve on the board of trustees for a period of one (1) year and one (1) for a period of three (3) years, and one (1) nonfirefighter property owner shall be elected to serve on the board of trustees for a period of two (2) years and one (1) for a period of four (4) years. On the expiration of the respective terms, the successor to each shall have the same qualifications as his or her predecessor and shall be elected for a term of four (4) years. The original appointed members of the board of trustees shall be appointed for terms of one (1), two (2), and three (3) years respectively. On the expiration of the respective terms, the successors to each shall be appointed for a term of three (3) years. Upon the establishment of a consolidated local government, incumbent members shall continue to serve until the expiration of their current term of office. In the event of a vacancy in the term of an appointed or elected trustee, the county judge/executive shall appoint with the approval of the fiscal court a trustee for the remainder of the term, except in a county containing a consolidated local government. In a county containing a consolidated local government, the mayor pursuant to the provisions of KRS 67C.139 shall appoint a trustee for the remainder of the term.(b) An appointed trustee may be removed from office as provided by KRS 65.007.(c) No person shall be an elected trustee who, at the time of his or her election, is not a citizen of Kentucky and has not attained the age of twenty-one (21).(d) Unless otherwise provided by law, an elected firefighter trustee may be removed from office by the mayor of a consolidated local government, or in a county not containing a consolidated local government, by the county judge/executive of the county in which the greater part of the district is located. An elected firefighter trustee may be removed after a hearing with notice as required by KRS Chapter 424, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The hearing shall be initiated and chaired by the county judge/executive of a county or the mayor of a consolidated local government, who shall prepare a written statement setting forth the reasons for removal. The trustee to be removed shall be notified of his or her proposed removal and the reasons for the proposed removal by registered mail sent to his or her last known address at least ten (10) days prior to the hearing. The person proposed to be removed may employ counsel to represent him or her. A record of the hearing shall be made by the county judge/executive or mayor respectively.

(e) The removal of an elected firefighter trustee of a fire protection district shall be subject to the approval of the fiscal court of the county in which the greater part of the district is located in those counties not containing a consolidated local government or the legislative council in a county containing a consolidated local government.(f) An elected firefighter trustee removed pursuant to paragraphs (c) and (d) of this subsection may appeal, within ten (10) days of the rendering of the decision of the fiscal court or legislative council, respectively, to the Circuit Court of the county in which the greater part of the district is located. The scope of the appeal shall be limited to whether the county judge/executive, mayor, legislative council, or the fiscal court respectively, abused their discretion in removing the trustee.(2) The elective offices of members of the board of trustees shall be filled by an election to be held once each year on the fourth Saturday of June between the hours of 11:00 a.m. and 2:00 p.m. The polls shall be located at the principal fire house in the district. The date, time, and place of the election shall be advertised in accordance with KRS 424.120. This notice shall be advertised at least thirty (30) days prior to the election date and shall include the names and addresses of the candidates to be voted on for each position of trustee. In lieu of the published notice for the election of the firefighter trustees, written notice containing the information required to be advertised may be sent by first-class mail to each member of the firefighters of the fire protection district or volunteer fire department district, addressed to the firefighter at his or her residence, at least thirty (30) days prior to the election date. The nominations for candidates for trustees both representing the firefighters and the property owners residing in the district shall be made in accordance with the bylaws of the department. The terms of the three (3) trustees appointed by the county judge/executive or mayor shall start at the same time as the terms of the elected trustees. On or before the beginning of the second fiscal or calendar year, depending on which basis the fire protection or volunteer fire department district is being operated, after June 16, 1966, all departments organized prior to June 16, 1966, shall increase their boards of trustees from three (3) to seven (7) members and elect the elective members in the manner set forth herein.(3) The trustees shall elect from their number a chairman, a secretary, and a treasurer, the latter of whom shall give bond in an amount as shall be determined by the county judge/executive of the county in which the greater part of the fire protection district is located or the mayor in a consolidated local government, conditioned upon the faithful discharge of the duties of his or her office, and the faithful accounting for all funds which may come into his or her possession as treasurer. The premiums on the bonds shall be paid out of the funds of the district.

CHAPTER 76. CITY-COUNTY METROPOLITAN SEWER, SEWER CONSTRUCTION, AND SANITATION DISTRICTSMETROPOLITAN SEWER DISTRICTS

76.090 Rates, rentals, and charges; use of funds of district; cutting off sewer and water service to delinquents

(1) The district may establish a schedule of rates, rentals, and charges, to be collected from all the real property within the district area served by the facilities of the district, and prescribe the manner in which and the time at which the rates, rentals, and charges are to be paid, and may change the schedule from time to time as the district deems necessary, advisable or expedient. The schedule may be based upon either:(a) The consumption of water on premises connected with the facilities, taking into consideration commercial and industrial use of water; or(b) The number and kind of plumbing fixtures connected with the facilities; or(c) The number of persons served by the facilities; or(d) May be determined by the district on any other basis or classification which the district determines to be fair and reasonable, whether similar or dissimilar to those enumerated, except that the schedule shall be uniform for all residential property; or(e) Any combination thereof.

This schedule may include additional charges for treatment of sewage, with a surcharge where the sewage contains industrial wastes or other wastes in excess of limitations established by regulations of the district.(2) Prior to the final adoption or modification of the schedule for the district area, the district shall adopt a proposed schedule and publish notice thereof pursuant to KRS Chapter 424. The notice so published shall be dated as of the date of first publication thereof and shall state that the proposed or revised schedule of rates, rentals, and charges will remain open for inspection in the office of the district for thirty (30) days from the date of the notice, and that objections thereto in writing may be filed during that period with the district by any person aggrieved thereby. The district shall examine and hear any and all complaints, may modify the proposed schedule, and shall adopt and establish a final schedule within sixty (60) days after the date of the notice; the schedule, however, shall not become final within a county outside a city of the first class until it has been approved by the fiscal court of the county, or shall not become final within a city of the first class, unless and until it has received the approval of the legislative body of the city of the first class by ordinance approved by the mayor; provided, however, the schedule finally adopted shall be sufficient and adequate to cover the purposes of this chapter. The schedules shall be uniform for all property falling within the same classification, which classification may be based upon the length of time the property has been in the district area, the drainage area within which the property lies, or any similar or dissimilar reasonable classification, except that the schedule shall be uniform for all residential property. The schedule so adopted and established shall thereafter be the rates, rentals, and charges for the use of the facilities of the district by users within the district area, until changed in the manner herein provided. The schedule of rates, rentals, and charges shall be established and revised from time to time so as to produce aggregate revenues to the district sufficient:

(a) For the payment of the interest on and principal of all revenue bonds and other obligations of the district except construction subdistrict obligations and bonds;(b) For the payment of all cost and expenses of operating and maintaining the sewer and drainage system of the district within the district area, including but not limited to that portion of the salaries, wages, and fees of all officers and employees of the district equitably allocable to operations within or for the district area; and(c) For the payment of all cost of renewals and replacement of such system within the district area; provided, however, that all expenses, salaries, wages, and fees necessary or incident to improvements for the account of which bonds are issued, may be included as a part of the cost of the improvements and paid from the proceeds of the bonds.

The district may collect the sewer rates, rentals, and charges, or cause them to be collected and paid to it by agencies it designates, and with whom it may make such contracts or arrangements as the district deems proper. No moneys received on account of the existence or operation of construction subdistricts shall be used for the payment of district obligations, and no other moneys received by the district shall be used for the payment of construction subdistrict bonds or obligations. Except as provided in the preceding sentence, the use of all moneys of the district received from any and all sources is hereby limited exclusively and shall be devoted solely to the payment of all obligations of the district and board created by KRS 76.010 to 76.210, and no funds from any sources authorized by KRS 76.010 to 76.210, shall be diverted to any other purposes than those in KRS 76.010 to 76.210 set forth, except that the district shall pay from district area revenues an equitably allocable share of the cost of constructing and operating any nondistrict area facilities to which sewage from the district area is diverted in order to relieve facilities from excessive sewage and costs described in KRS 76.248 but otherwise paid for.(3) Whenever an area located within the district is served initially by a construction subdistrict facility, the schedule of rates, rentals, and charges applicable to the particular construction subdistrict shall, at the discretion of the board, be applied to the area.(4) Whenever any such sewer rates, rentals, or charges for services rendered remains unpaid for a period of thirty (30) days after the same becomes due and payable, the district shall declare the property, the owner thereof, and the user of the service, delinquent until such time as all service rates, rentals, and charges are fully paid and may cut off the sewer connection and service. It is unlawful for any delinquent to use water from any public water service or system and discharge same into a public sewer. No public water service or system shall furnish the delinquent with water to be discharged into a public sewer. The district may enter into agreements with any public water company or public water service providing for the discontinuance of water service to delinquents.

76.172 Apportionment of construction costs; liens; apportionment warrants; notice

(1) The ordinance providing for the construction of sewerage or drainage facilities and appurtenances shall describe the nature and kind of facilities to be furnished and shall describe the particular area benefited by said sewerage or drainage facilities.(2) The costs of the sanitary sewers, combined sewers, drains, and appurtenances shall be assessed against the land in said benefited area according to the number of square feet in any lot or tract within the area described in the ordinance, or according to any other equitable basis. If the square foot method of assessment is used, the rate of apportionment shall be the same for each square foot of land in said benefited area, and shall be determined by dividing the cost of the assessable sanitary sewers, combined sewers, drains and appurtenances by the total area of all land benefited in the area. No property which has been assessed for collector lines shall be reassessed for the installation or reinstallation of collector lines.(3) The costs of property service connections from the sewer to the property line or easement line as required shall be assessed against the individual lots or tracts to which such property service connections are furnished. The costs to be assessed for the property service connections shall be fixed by regulation of the metropolitan sewer district based on its experience of costs for such work.(4) All land included in said described territory shall be assessed, except such property dedicated to use for public roadways and property owned by cities of the first or second class, counties containing cities of the first or second class, and any joint agencies of such cities and counties.(5) When the board of a metropolitan sewer district determines that such construction of sanitary sewers, combined sewers, drains, appurtenances or property service connections at the cost of the property owners shall be recommended to the board of aldermen of a city of the first class, the metropolitan sewer district shall cause its engineering department to prepare complete drawings and specifications for the work and to keep same available for inspection in its offices.(6) (a) The actual construction work of the sanitary sewers, combined sewers, drains, appurtenances or property service connections constructed pursuant to such ordinance shall be done by, or under the control of, the metropolitan sewer district.(b) The cost of the sanitary sewers, combined sewers, drains, appurtenances or property service connections shall include not only the actual construction costs and the costs of any easements required for the sewers, but also costs of surveys, designs, plans, specifications, advertising, inspection and administration; however, these costs other than actual construction costs and costs of easements shall not exceed fifteen percent (15%) of the actual construction cost of the project. The costs of surveys, designs, plans, specifications, advertising, inspection and administration, but not exceeding a total of fifteen percent (15%) of the actual construction costs and the cost of any easements shall be paid by the contractor to the metropolitan sewer district at the completion of the work so that such costs may be included in the apportionment warrants.(7) A lien superior to all liens except the liens for state, county, city, school and road taxes and liens prior in time

for other public improvements shall exist against the respective lots or tracts of land for the cost of the sanitary sewers, combined sewers, drains, appurtenances or property service connections for apportionment as hereinafter provided for, and interest thereon at the rate of six percent (6%) per annum.(8) No error in the proceedings of the city legislative body shall exempt such property from payment after the work has been done as required by either the ordinance or contract, but the city legislative body, or the courts in which suits shall be proceeding, shall make all corrections, rules and orders to do justice to all parties concerned. In no event, if the sanitary sewers, combined sewers, drains, appurtenances or property service connections are constructed as provided, by ordinance or contract, shall the city or the metropolitan sewer district be liable for the costs of the sanitary sewers, combined sewers, drains, appurtenances or property service connections without the right to enforce such costs against the property receiving the benefit.(9) Upon completion and acceptance of the sewer facility constructed, the metropolitan sewer district shall make out all apportionment warrants for which liens are given for improvements of sewer facilities and shall immediately enter them in alphabetical order upon a register kept for that purpose. When the holder of the warrant has obtained payment, he shall notify the metropolitan sewer district and it shall mark upon the register the fact of payment.(10) The lien shall exist from the date of the apportionment warrant, but a lien shall not be valid against a purchaser for a valuable consideration without notice, unless the apportionment warrant is entered and registered within ten (10) days of its issuance.(11) After any sewer facilities have been constructed in conformity with this section the metropolitan sewer district shall give notice by publication pursuant to KRS Chapter 424 of the costs apportioned, and the amounts assessed and levied on the various tracts of land liable for the payment.(12) When property is annexed to a city of the first or second class and subsequently is connected to a sewer owned or operated by the metropolitan sewer district, payment shall be made to the district of a proportionate part of the construction costs of the sewer on the basis that would apply if the sewer were being built within the corporate limits of the city by apportionment of costs against the benefited area as provided in this section.(13) The district may construct sewerage or drainage facilities in areas of the district located outside of the city of the first class by assessment, using the procedures set forth in this section, with the word "ordinance" being read as "resolution," the words "board of aldermen" being read as "fiscal court," the words "city legislative body" being read as "fiscal court," and the word "city" being read as "county."

76.175 Annexation by district of unincorporated area or city or part of city of fifth or sixth class; procedure; appeals

The board of the district may annex any unincorporated area in the county, or any area of the county containing all or any part of a city of the fifth or sixth class, whether contiguous or noncontiguous, to the district by making a preliminary order describing the area to be annexed and causing said order to be published pursuant to KRS Chapter 424. The notice so published shall state that objections in writing to the proposed annexation may be filed with the district within thirty (30) days of the date of said notice. The district shall examine and hear all such complaints. It may modify or amend the areas proposed to be annexed; and it shall make a final order, within sixty (60) days of the date of publication of said notice, describing the area or areas to be annexed and shall cause the same to be published pursuant to KRS Chapter 424. Within sixty (60) days after final publication of an order made pursuant to this section, any freeholder of land within the area or areas proposed to be annexed may appeal such final order to the Circuit Court for the county in which the district is located. All matters appealed shall be tried as an equitable action. Decisions of the Circuit Court may be appealed to the Court of Appeals.

76.241 Construction subdistrict established; petition, procedure, judicial review; waiver of notice and hearing

(1) The district may establish a construction subdistrict when twenty-five percent (25%) or more of the freeholders of land sought to be included in the construction subdistrict file their petition with the district. The petition shall describe the territory intended to be included in the construction subdistrict and the sewer and drainage conditions and facilities existing in this territory. The territory of the construction subdistrict may be noncontiguous to other territory of the district. Tenants in common, joint tenants with or without right of survivorship, and tenants by the entireties shall be deemed one (1) freeholder or property owner.(2) When the petition is filed with the district, said district shall give notice of the filing by publication pursuant to KRS Chapter 424. Within thirty (30) days after the publication, any resident or freeholder of the proposed construction subdistrict may file objections and the district shall set the case for hearing within thirty (30) days. If the district finds that the establishment of the construction subdistrict is reasonably necessary for the public health, convenience and comfort of the residents of the subdistrict, it shall make an order establishing the construction subdistrict and designating it by name and number.(3) If the district finds that the construction subdistrict is not necessary, it may dismiss the petition. If the district finds that any part of the proposed territory will not be benefited, it may strike such part. If the district strikes a certain portion of the area, the signature of the freeholders of that portion shall not be counted in determining whether the necessary twenty-five percent (25%) have petitioned for the creation of the subdistrict. A copy of the order of the board establishing a construction subdistrict shall be published in accordance with KRS Chapter 424.(4) An order of the district rejecting or dismissing the petition shall be deemed a final order of the district appealable to the Circuit Court under the procedure set forth in KRS 76.247 within sixty (60) days. Appeals to the Circuit Court from the order establishing a construction subdistrict or striking or refusing to strike any territory

from a construction subdistrict shall be made only as provided in KRS 76.247 and only after following the procedures required in KRS 76.247.(5) In the event the owner or owners of all property or properties proposed to be included within the territorial boundaries of a construction subdistrict shall tender to the district their written request or requests that the district proceed immediately with the creation of a construction subdistrict, and the construction and installation therein of sewer facilities as provided in KRS 76.241 to 76.273, inclusive, and shall unqualifiedly waive all formalities and substantive rights contained in:(a) KRS 76.241, concerning the affording of notice as to creation of a construction subdistrict, the time for filing objections to the creation thereof, and the time for appealing from an order establishing a construction subdistrict;(b) KRS 76.243, concerning the affording of notice as to proposed assessments; and(c) KRS 76.246, concerning the holding of a public hearing, and permitting litigation following the making and publication of an order concerning the construction plan in general.(6) The district may thereupon make and publish an order creating such construction subdistrict, and its order as provided in KRS 76.246(2), without further action being required, and may thereupon proceed to carry out said plan for improvements without further recourse to said identified statutory provisions and formalities; but in all such instances the written request or requests of the owner or owners of all properties proposed to be included within the territorial boundaries of such construction subdistrict shall be in recordable form and shall be recorded in the office of the county clerk of the county wherein the properties are situated, and said clerk is authorized to record such instruments as in the case of mortgages and may charge and receive fees therefor as in the case of mortgages. Each resolution of the district, by which an improvement is undertaken according to this section, shall contain a recitation of the receiving of written requests and waivers from the owners of all properties included within the territorial boundaries of the construction subdistrict. In the event the district proceeds pursuant to KRS Chapter 107, as authorized by KRS 76.251, the lien for which provision is made in KRS 107.160 shall attach upon publication of the resolution (equivalent to the "third ordinance") which authorizes issuance of improvement assessment bonds.

76.244 Engineering report, when filed; construction subdistrict may be abolished, when

(1) The report described in KRS 76.243 shall be made and filed within one (1) year of an order made under KRS 76.241 which establishes the construction subdistrict or the order made under KRS 76.241 shall be deemed to have been one dismissing the petition and it shall be deemed to have been dismissed at the end of the one (1) year period.(2) If, based on the report described in KRS 76.243, the board decides the proposed sewer or drainage construction, or both, is not technically and economically feasible, the board may make an order abolishing the construction subdistrict, which shall be published pursuant to KRS Chapter 424 and which may be appealed in the manner described in KRS 76.247. If the board finds that such construction may be made feasible by deleting portions of the subdistrict area, it may delete such area or areas by amending the order made under KRS 76.241 (2); provided, however, that at least twenty-five percent (25%) of the freeholders of land included in the remaining area must have petitioned for the creation of the subdistrict.(3) If the board should determine that a proposed construction subdistrict sewer or drainage construction project, once found to be feasible, should no longer appear to be feasible, or should a change in circumstances make it appear that some alternative to a construction subdistrict represents a more desirable and feasible way of undertaking such sewer or drainage construction, then the board, in its sole discretion, may make an order abolishing the construction subdistrict, which order shall be published pursuant to KRS Chapter 424 and which may be appealed in the manner described in KRS 76.247. In referring to KRS 76.247, this section is not intended to provide for de novo trial.

76.246 Notice of hearing, publication; order of construction and assessment

(1) When the report described in KRS 76.243 is prepared, a copy shall be filed with the secretary-treasurer of the district who shall, within forty (40) days, cause notice of the filing of same and a notice of where the report is available for public inspection to be published pursuant to KRS Chapter 424. The notices shall state the time, date and place for a public hearing on the report. Any affected property owner may appear at the hearing. The district may appoint a hearing officer to conduct hearings, take testimony, and report the hearing to the district board.(2) Following the hearing the district shall make and publish an order describing the construction plan in general, setting forth the assessment method adopted, if any, the parcels assessed, provisions if any for application of KRS 107.140 (d), which relates to doing equity with respect to persons paying immediately and those who may be assessed later for extensions, and any other matters the district may see fit to include in the order.

76.262 Rate schedule for construction subdistrict; notice; objections; purposes; subdistrict fund, uses

(1) The district is authorized to establish a schedule of rates, rentals, and charges to be collected from all real property within a construction subdistrict served by construction subdistrict facilities. This schedule shall be in addition to the charge authorized by KRS 76.090. This schedule shall be determined for each construction subdistrict on the basis of one (1) or more of the factors stated in subsection (1) of KRS 76.090.(2) Before final adoption of such a schedule the district shall give notice of it pursuant to KRS Chapter 424. The

first notice shall be dated as of the date of the first publication; that notice shall state that the proposed or revised schedule of rates, rentals, and charges will remain open for inspection in the office of the district for thirty (30) days from the date in the notice, and that any person claiming to be aggrieved by the proposed schedule may file written objections to it with the district. The district shall examine and hear any and all such objections, may modify the proposed schedule, and shall adopt and establish a final schedule within sixty (60) days after the date of the first notice.(3) Such schedule shall be established and revised from time to time so as to produce revenues for the construction subdistrict sufficient:(a) For the payment of all construction subdistrict bonds and obligations except those payable from assessments;(b) For the payment of all costs and expenses of operating and maintaining the construction subdistrict which expenses shall include, but not be limited to, an equitable portion of the wages, salaries, and fees of officers and employees of the district;(c) For the payment to the district of an amount which represents an equitable allocation of the cost of district facilities used, directly or indirectly, by the construction subdistrict if there is such a use;(d) To meet all or part of reasonably foreseeable future need for trunk, main, connecting sewers and any other facilities necessary to link the construction subdistrict facilities to the district facilities or, where such linkage is not feasible, to link the construction subdistrict facilities to and dispose of the sewage in a treatment plant serving at least one (1) other construction subdistrict;(e) For the payment of an equitable portion, not to exceed twice the amount required by paragraph (b), of any amount necessary to establish and maintain a fund created by subsection (6) and(f) For the payment of all cost of renewals and replacements of construction subdistrict facilities.(4) Any and all portions of expenses, salaries, wages and fees necessary or incident to improvements for which bonds are issued may be paid from bond proceeds.(5) The rates, rentals, and charges authorized by this section need not be the same for all real property within the construction subdistrict but may be based upon any reasonable classification.(6) The district may create a fund for construction subdistrict purposes generally, which fund may be used from time to time at the discretion of the district's board for the purpose of financing sewerage and drainage studies, paying engineering costs, and defraying, in whole or in part, the cost of the construction or acquisition of sewerage and drainage facilities for any existing or proposed construction subdistricts.

76.268 Annexation to subdistricts, procedure; effect

Annexation to subdistricts may be accomplished by any of the following procedures, as the board may elect:(1) (a) After the creation of a construction subdistrict under the provisions of KRS 76.241 to 76.246, the board may, if it deems it advisable, use the authority and procedures granted to sanitation districts by KRS 220.535 to 220.537 to annex territory to a subdistrict, the words "board of directors" being read as "metropolitan sewer district board."(b) Language in KRS 220.535 limiting the powers of annexation to a sanitation district in a county not containing a city of the first class shall not be applicable to a metropolitan sewer district which might use this method of annexation to a construction subdistrict even if it is located in a county containing a city of the first class, and the secretary of the Environmental and Public Protection Cabinet shall function in regard to annexation by it in the same manner and under the same procedures, as set out in KRS 220.535 to 220.537, as he would in his capacity as commissioner of sanitation districts for any sanitation district.(2) After the creation of a construction subdistrict under the provisions of KRS 76.241 to 76.246, the board may annex any area, contiguous or noncontiguous, subject to the limitations of KRS 76.242, to the construction subdistrict by making a preliminary order describing the area to be annexed and causing said order to be published pursuant to KRS Chapter 424. The notice so published shall state that objections in writing to the proposed annexation may be filed with the district within thirty (30) days of the date of said notice. The district shall examine and hear all such complaints. It may modify or amend the areas proposed to be annexed; and it shall make a final order, within sixty (60) days of the date of publication of said notice, describing the areas to be annexed and shall cause the same to be published, pursuant to KRS Chapter 424. A freeholder of land within the area proposed to be annexed may appeal such final order in the manner described in KRS 76.247. In referring to KRS 76.247, this section is not intended to provide for de novo trial.(3) In the event the owner or owners of all the property or properties proposed to be annexed to a construction subdistrict shall tender to the district their written request or requests that the district proceed immediately with the annexation of said property or properties, and shall unqualifiedly waive all formalities and substantive rights contained in subsection (2) of this section, the district may thereupon make and publish a final order annexing said property or properties to the construction subdistrict. Said order shall contain a recitation of the receiving of waivers from the owners of all properties to be annexed thereunder. Provided, however, that in all such instances the written request or requests of the owner or owners of all properties proposed to be annexed to a construction subdistrict shall be in recordable form and shall be recorded in the office of the county clerk of the county wherein the property is located; and said clerk is authorized to record such instruments as in the case of mortgages and may charge and receive fees therefor as in the case of mortgages.(4) The provisions of subsections (1), (2) and (3) of this section shall not repeal or reduce any existing rights or duties of metropolitan sewer districts, but shall constitute merely a procedure for annexation to construction subdistricts by a metropolitan sewer district.

76.335 Notice and hearing of exceptions

When the report is filed, the clerk shall, within five (5) days, cause notice of the filing of the report to be given by publication pursuant to KRS Chapter 424 and by notices posted in three (3) public places within the sewer construction district. The hearing shall be held not more than twenty (20) days from the first published notice. Property owners may file exceptions to said report at any time up to the day the proceeding is docketed. The county judge/executive may hear the proceeding on that day, unless further time be required.

76.345 Notice and hearing of exceptions to classification report

When this report of classification of benefits is filed, the clerk shall, within five (5) days, cause notice of the filing of same to be given by publication pursuant to KRS Chapter 424, and by notices posted in three (3) public places within the sewer construction district. The hearing shall be held not more than twenty (20) days from the first published notice. Property owners may file exceptions to said report at any time up to the day the proceeding is docketed. The county judge/executive may hear the proceeding on that day, unless further time be required.

CHAPTER 77. AIR POLLUTION CONTROL

77.025 Notice of hearings

Notice of the public hearing shall be given by the county conducting the hearing by publication pursuant to KRS Chapter 424.

77.185 Public hearing to be held before enactment of orders, rules, or regulations; adoption of procedural rules for the promulgation of regulations

(1) The air pollution control board shall not enact any order, rule, or regulation until it first holds a public hearing thereon. It shall give notice of the public hearing by publication pursuant to KRS Chapter 424.(2) The air pollution control board shall, by regulation, adopt procedural rules for the promulgation of regulations. These rules shall provide the public with a fair and reasonable opportunity for review of and comment on all proposed actions on regulations and shall ensure that the board provides full consideration to all written and oral comments prior to promulgating final regulations. The rules shall, at a minimum, provide the public with:(a) At least thirty (30) days' notice prior to a public hearing on proposed actions on regulations;(b) Copies of the proposed actions at the time of the notice;(c) A written response to all comments submitted on the proposed actions;(d) A written statement explaining the basis for any substantive amendments made to a proposed action on regulations after its initial proposal; and(e) An assessment of the regulatory impact on the regulated community and the public of each proposed action on regulations. The regulatory impact assessment shall include the estimated costs and savings associated with the action, the feasibility of all alternatives considered, and a comparison with any minimum or uniform standards under the Clean Air Act of 1963 as amended by the Clean Air Act Amendments of 1990 or any other federal requirement. The board may rely on reasonably available information in assessing the regulatory impact of its regulatory actions. The regulatory impact assessment required by this subsection need not be developed when the proposed regulatory action is substantively identical to federal standards or requirements.

CHAPTER 80. LOW-COST HOUSINGCOUNTY AND REGIONAL HOUSING AUTHORITIES

80.580 Extension of operations of city authority to other cities

In addition to its other powers, a housing authority created for a city pursuant to KRS 80.010 to 80.250 may exercise any or all of its powers within the territorial boundaries of any other city for the purpose of planning, undertaking, financing, constructing and operating a housing project or projects within the other city, if a resolution has been adopted by the governing body of the other city in which such authority is to exercise its powers and by the housing authority of the other city (if one has been theretofore created for such other city) declaring (upon findings prescribed in KRS 80.380) that there is a need for the housing authority of the aforesaid city to exercise its powers within the other city. The governing body of the other city shall not adopt a resolution pursuant to this section unless a public hearing has first been held. The clerk of such city shall give notice of the public hearing by publication pursuant to KRS Chapter 424. Upon the date fixed for such public hearing an opportunity to be heard shall be granted to all residents of such city and to all other interested persons.

CHAPTER 81. CITY CLASSIFICATION, BOUNDARIES, AND ALTERNATIVE METHOD OF CONSOLIDATING GOVERNMENTAL SERVICES

DISSOLUTION

81.050 Proceedings to incorporate; exception upon adoption of consolidated local government

(1) Except as provided in KRS 67C.111(2), proceedings to incorporate a city shall be commenced by a petition being filed with the circuit clerk of the county in which the area to be incorporated is located. The petition shall contain:(a) The signatures and addresses of:1. A number of registered voters equal to two-thirds (2/3) of the voters of the proposed territory; or2. A number of real property owners, the sum total of whose assessed value of real property is equal to at least two-thirds (2/3) of the assessed value of the real property in the proposed territory;(b) A statement of the boundaries proposed and the number of residents;(c) An accurate map of the proposed territory;(d) A detailed statement of the reasons for incorporation including the services sought from the proposed city;(e) A description of the existing facilities and services within the proposed territory; and(f) A statement of the form of government under which the city will operate if incorporated.(2) The petition shall be docketed for hearing not less than twenty (20) days from the date of filing the petition. Notice of the filing of the petition and of its object shall be given by publication pursuant to KRS Chapter 424.

81.096 Defense; criteria for judgment of dissolution; certification to Secretary of State

(1) Defense to the petition for dissolution may be made by any voter or resident of the city.(2) Judgment dissolving a city may not be entered until:(a) Notice has been published pursuant to KRS Chapter 424 by order of the court fixing a date by which motion for intervention may be filed; and(b) Provision for equitable disposition of all assets of the city and discharge of all obligations of the city has been made and approved by the court.(3) Whenever any city is dissolved the judgment shall direct the clerk of the Circuit Court wherein such judgment is rendered to certify a copy of said judgment not later than ten (10) days thereafter to the Secretary of State whose duty it shall be to properly index and file the same as a permanent record in that office.

81.300 Plan for the improvement of local government in county containing city of first class may be submitted to fiscal court; action by fiscal court; election; time within which fiscal court must act

In any county containing a city of the first class, the mayor of the city of the first class with the approval of the board of aldermen, may submit to the fiscal court a plan for the improvement of local government in the county as set out herein below. The fiscal court shall, if they approve, deliver a certified copy of the plan to the county clerk, who shall cause to be submitted to the qualified voters of the affected areas at the next general election which does not occur within less than ninety (90) days of the submission by the mayor of the plan to the fiscal court, the question set out in KRS 81.350, if the certified copy of the plan is filed with the county clerk not later than the second Tuesday in August preceding the general election. In any event the fiscal court shall express its approval or disapproval of the plan within thirty (30) days of the submission of the plan by the mayor to them.

81.340 Plan to be advertised

The plan described in KRS 81.300 shall be advertised by the clerk of the fiscal court by publication pursuant to KRS Chapter 424.

CHAPTER 81A. COUNTIES, CITIES AND OTHER LOCAL UNITSGENERAL PROVISIONS

81A.060 Public hearings; authority of board of aldermen

(1) After the preparation of the report required by KRS 81A.050, any city of the first class proposing annexation shall hold at least two (2) public hearings on the proposed annexation prior to the enactment of the first ordinance. Additional hearings may be held. Notice of such hearings shall be published in accordance with KRS Chapter 424.(2) The hearings held pursuant to this section shall provide an opportunity to be heard to all persons residing or owning property in the area described in the notice of the public hearing, and to all residents of the city.(3) At each public hearing, a representative of the city shall make an explanation of the report required in KRS 81A.050. Such explanation shall be as detailed as necessary so as to convey an accurate and definitive report.(4) The board of aldermen shall take into consideration facts presented at the public hearings and shall have authority to amend the report required by KRS 81A.050 and to make changes in the plans for serving the area proposed to be annexed. If any amendment or change is approved by the board, another hearing shall be held to

provide any person residing or owning property in the area to be annexed or any resident of the city an opportunity to be heard on the amendment or amendments. Such hearing shall be held not later than thirty (30) days after the board approves the amendment. Notice of such hearing shall be published in accordance with KRS Chapter 424.

CHAPTER 82. GENERAL PROVISIONS APPLICABLE TO CITIESOVERLAY DISTRICTS

82.670 Overlay district regulations; other provisions in ordinance establishing district

(1) A city establishing an overlay district under KRS 82.660, shall, in the ordinance that creates the overlay district, delegate the responsibility for the administration of overlay district regulations to a department or agency of the city, or to a nonprofit corporation established by the city pursuant to KRS Chapter 58. Overlay district regulations shall not conflict with the zoning regulations for the district and shall not permit uses prohibited by underlying zoning regulations or prohibit uses permitted by underlying zoning regulations. Overlay district regulations shall supplement underlying zoning regulations by establishing additional design standards, guidelines, and criteria for development within the district to preserve, conserve, or protect the historical, cultural, architectural, aesthetic, or other distinctive characteristics of the district.(2) The ordinance establishing the district shall, in addition to the provisions of KRS 82.660, contain the following provisions:(a) A requirement that the designated department or agency of the city, or KRS Chapter 58 nonprofit corporation that has been delegated responsibility for administration of overlay district regulations, shall establish a body to assist in the review of design standards and development proposals that shall be composed of persons possessing expertise in architecture, urban design, urban planning, historic preservation, or other appropriate fields; and(b) A procedure for the review of proposed development within the district that shall provide for adequate notice, public hearings, and timely consideration of applications.(3) Any applicant denied a permit under KRS 82.660(4) shall have a right of appeal from such written denial to the Circuit Court of the county in which the city is located. The ordinance establishing the district may provide that any applicant shall first appeal such written denial to the city legislative body and that the decision of the city legislative body shall be the action appealable to the Circuit Court. The appeal from the denial of the city legislative body shall be taken within thirty (30) days of the date of such written denial.(4) Any city legislative body that creates an overlay district pursuant to KRS 82.660 shall hold a public hearing prior to adoption of the ordinance establishing the district. Notice of the public hearing shall be published pursuant to KRS Chapter 424 and an owner of every parcel of property within the proposed district shall be notified by first class mail. Records of the county property valuation administrator may be relied upon to determine the identities and addresses of the property owners.(5) The boundaries of an overlay district shall not be altered except by following the same procedure required for the establishment of an overlay district.

CHAPTER 83A. ORGANIZATION OF GOVERNMENT IN CITIES

83A.060 Enactment of ordinances

(1) Each ordinance shall embrace only one (1) subject and shall have a title that shall clearly state the subject.(2) Each ordinance shall be introduced in writing and shall have an enacting clause styled "Be it ordained by the City of ...................."(3) No ordinance shall be amended by reference to its title only, and ordinances to amend shall set out in full the amended ordinance or section indicating any words being added by a single solid line drawn underneath them, and any words being deleted by a single broken line drawn through them.(4) Except as provided in subsection (7) of this section, no ordinance shall be enacted until it has been read on two (2) separate days. The reading of an ordinance may be satisfied by stating the title and reading a summary rather than the full text.(5) A city legislative body may adopt the provisions of any local, statewide, or nationally recognized standard code and codifications of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source, and date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the adopting ordinance and is made a part of the permanent records of the city.(6) Unless otherwise provided by statute, a majority of a legislative body shall constitute a quorum and a vote of a majority of a quorum shall be sufficient to take action.(7) In an emergency, upon the affirmative vote of two-thirds (2/3) of the membership, a city legislative body may suspend the requirements of second reading and publication to provide for an ordinance to become effective by naming and describing the emergency in the ordinance. Publication requirements of subsection (9) of this section shall be complied with within ten (10) days of the enactment of the emergency ordinance.(8) Every action of the city legislative body shall be made a part of the permanent records of the city and on passage of an ordinance the vote of each member of the city legislative body shall be entered on the official record of the meeting. The legislative body shall provide by ordinance for the maintenance and safekeeping of the permanent records of the city. The person assigned this responsibility and the presiding officer shall sign the

official record of each meeting. All ordinances adopted in a city shall, at the end of each month, be indexed and maintained in the following manner:(a) The city budget, appropriations of money, and tax levies shall be maintained and indexed so that each fiscal year is kept separate from other years.(b) All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and indexed in a composite index or maintained in a code of ordinances.(9) Except in cities of the first class, a charter county government, and as provided in subsection (7) of this section, no ordinance shall be effective until published pursuant to KRS Chapter 424. Ordinances may be published in full or in summary as designated by the legislative body. If the legislative body elects to publish an ordinance in summary, the summary shall be prepared or certified by an attorney licensed to practice law in the Commonwealth of Kentucky and shall include the following:(a) The title of the ordinance;(b) A brief narrative setting forth the main points of the ordinance in a way reasonably calculated to inform the public in a clear and understandable manner of the meaning of the ordinance; and(c) The full text of each section that imposes taxes or fees.

Ordinances that include descriptions of real property may include a sketch, drawing, or map, including common landmarks, such as streets or roads in lieu of metes and bounds descriptions.(10) A city may specify by ordinance additional requirements for adoption of ordinances in greater detail than contained herein, but a city shall not lessen or reduce the substantial requirements of this section or any other statute relating to adoption of ordinances.(11) At least once every five (5) years, each city shall cause all ordinances in the composite index or code of ordinances to be examined for consistency with state law and with one another and to be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions.(12) The legislative body may adopt municipal orders. Orders shall be in writing and may be adopted only at an official meeting. Orders may be amended by a subsequent municipal order or ordinance. All orders adopted shall be maintained in an official order book.(13) In lieu of an ordinance, a municipal order may be used for matters relating to the internal operation and functions of the municipality and to appoint or remove or approve appointment or removal of members of boards, commissions, and other agencies over which the city has control.(14) All ordinances, and orders of the city may be proved by the signature of the city clerk; and when the ordinances are placed in a printed composite index or code of ordinances by authority of the city, the printed copy shall be received in evidence by any state court without further proof of the ordinances.(15) For anything said in debate, legislative body members shall be entitled to the same immunities and protections allowed to members of the General Assembly.

83A.120 Procedure for referendum on public question

(1) Any public question authorized by statute may be submitted to the voters of a city by either a resolution of the city legislative body or a petition meeting the requirements of this section. The resolution or petition shall set out in full the matter to be considered. The proposal shall be drafted in such a way that a vote in favor of adoption shall be a vote in favor of the effect or impact of the proposal.(2) Any five (5) qualified voters of the city may commence petition proceedings by filing with the county clerk an affidavit stating they constitute the petition committee and will be responsible for circulating the petition and filing it in proper form. The affidavit shall state their names and addresses and specify the address to which all notices to the committee are to be sent. It shall set out in full the proposal to be considered by the voters. Promptly after the affidavit of the petition committee is filed, the county clerk shall notify the petition committee of all statutory requirements for petitions under this section and shall deliver a copy of the affidavit to the legislative body of the city.(3) All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall be signed by registered voters of the city equal in number to at least twenty percent (20%) of the total number of votes cast in the city in the last presidential election. When it is filed, each sheet of a petition shall have an affidavit executed by the circulator stating that he personally circulated the sheet, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of registered voters in the city and that each signer had an opportunity before signing to read the full text of the proposal. Petitions shall contain or have attached throughout their circulation the full text of the proposal.(4) Within thirty (30) days after the petition is filed, the county clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall send a copy to the petition committee and to the city legislative body by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petition committee files a notice of intention to amend it with the county clerk within five (5) days after receiving the copy of his certificate and files a supplemental petition upon additional sheets within thirty (30) days after receiving the certificate. The supplemental petition shall comply with the requirements of subsection (3) and within ten (10) days after it is filed the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the petition committee and to the city legislative body by certified mail.(5) A final determination as to the sufficiency of a petition shall be subject to review in the Circuit Court of the county and shall be limited to the validity of the county clerk's determination. A final determination of insufficiency

shall not prejudice the filing in accordance with this section of a new petition for the same purpose.(6) If, not later than the second Tuesday in August preceding the day established for a regular election, the county clerk receives a resolution requesting that the question be submitted to the voters or certifies that a petition is sufficient, the county clerk shall have prepared to place before the voters of the city at the next regular election the question, which shall be "Are you in favor of the proposal entitled...? Yes... No...." The county clerk shall cause to be published in accordance with KRS Chapter 424, at the same time as the remaining voter information, the full text of the proposal. The county clerk shall cause to be posted in each polling place one (1) copy of the full text of the proposal.(7) The provisions of general election law shall apply to public questions submitted to voters under this section. The certificate of the body authorized by law to canvass election returns shall be delivered to the mayor and the certificate shall be entered upon the records of the city at the next regular meeting of the city legislative body.

83A.170 Nonpartisan elections

(1) In any city which has under the provisions of KRS 83A.045 or 83A.050 required nonpartisan city elections, or in any city of the second class operating under the city manager form of government pursuant to KRS 83A.150, no person shall be elected to city office except as provided in this section or as otherwise provided in this chapter relating to nonpartisan elections.(2) No person shall be elected to city office without being nominated in the manner provided in this section at a nonpartisan primary election to be held at the time prescribed by KRS Chapters 116 to 121, except as otherwise provided in this chapter. Nonpartisan primary elections shall be conducted by the same officers, chosen and acting in the same manner, with the same rights and duties as in regular elections.(3) Each applicant for nomination shall, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the last date prescribed by the election law generally for filing notification and declaration forms with the county clerk as provided in KRS 83A.047, file a petition of nomination, which shall be in the form prescribed by the State Board of Elections signed by at least two (2) registered voters in the city. Each voter may sign individual petitions equal to the number of offices to be filled. If a voter signs petitions for more candidates than he is authorized, he shall be counted as a petitioner for the candidate whose petition is filed first.(4) The county clerk shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.(5) Immediately upon expiration of the time for filing petitions, the county clerk shall have published in accordance with KRS Chapter 424 the names of the applicants as they will appear before the voters at the primary.(6) Subsection (5) of this section shall not apply if it appears, immediately upon expiration of the time for filing petitions, that there are not more than two (2) applicants for nomination for each city office to be filled, or, when the nominations are for city legislative body members in cities electing legislative body members at large, and there are no more than twice the number of applicants for nomination for the number of offices to be filled. In that case, the applicants for nomination shall thereby be nominated and no drawing for ballot position nor primary election shall be held for that office.(7) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.(8) If, before the ballots are printed, any candidate whose petition has been filed in the office of the county clerk dies or notifies the clerk in writing, signed and properly notarized, that he will not accept the nomination, the clerk shall not cause his name to be printed on the ballot.(9) If, after the ballots are printed, any candidate whose name appears thereon shall withdraw pursuant to KRS 118.212 or die:(a) Neither the precinct election officers nor the county board of elections shall tabulate or record the votes cast for the candidate;(b) The county clerk shall provide notices to the precinct election officers who shall see that a notice is conspicuously displayed at the polling place advising voters of the change, and that votes for the candidate shall not be tabulated or recorded. If the county clerk learns of the death or withdrawal at least five (5) days prior to the election and provides the notices required by this subsection and the precinct officers fail to post the notices at the polling place, the officers shall be guilty of a violation;(c) In a primary election, if there are only one (1) or two (2) remaining candidates on the ballot for that office, following the withdrawal or death of the other candidate or candidates, neither the precinct election officers nor the county board of elections shall tabulate or record the votes for the remaining candidate or candidates, and the officer with whom the remaining candidate or candidates has filed his or her nomination papers shall immediately issue and file in his or her office a certificate of nomination for that remaining candidate or candidates and send a copy to the remaining candidate or candidates.(10) Names of applicants for each nomination shall be placed before the voters of the city. The voters shall be instructed to vote for one (1) candidate, except that they shall be instructed to vote for the number of legislative body members to be elected in cities nominating legislative body members at large. No party designation or emblem of any kind nor any sign indicating any applicant's political belief or party affiliation shall be used.(11) Persons qualified to vote at a regular election shall be qualified to vote at a nonpartisan primary election and the law applicable to challenges made at a regular election shall be applicable to challenges made at a nonpartisan primary election.(12) Votes shall be counted as provided in general election laws, pursuant to KRS Chapters 116 to 121, and the result shall be published as provided in KRS Chapter 424.

(13) The two (2) applicants receiving the highest number of votes for nomination for each city office shall be nominated; or where the nominations are for city legislative body members in cities electing legislative body members at large, there shall be nominated the number of applicants receiving the highest number of votes equal to twice the number of offices to be filled. If two (2) candidates are tied for the second highest number of votes in a mayoral election, the names of those two (2) candidates, plus the name of the candidate receiving the highest number of votes, shall be placed upon the ballot.(14) At the regular election following a nonpartisan primary election, the names of the successful nominees and candidates who have filed a petition of candidacy as provided in this chapter to fill a vacancy shall be placed before the voters.(15) The nominee or candidate receiving the greater number of votes cast for each city office shall be elected.(16) KRS Chapters 116 to 121 prescribing duties of county clerks and other public officers in the conduct of elections shall be applicable in all respects to nonpartisan city elections, except no election officer or other person within a polling place shall tell or indicate to a voter, by word of mouth or otherwise, the political affiliation of any candidate for city office.

CHAPTER 90. CITY CIVIL SERVICECITIES OF THE SECOND AND THIRD CLASSES

90.320 Examinations; certifications; preference points; eligible list

(1) The civil service commission shall prescribe and propound such examinations as are proper, commensurate with vacant positions within the various departments of the city, according to classification prescribed by ordinance, shall set such times and places for holding examinations as may be proper and shall give public notice of examinations by publication pursuant to KRS Chapter 424.(2) The civil service commission shall, as soon after examinations as is practicable, certify to the mayor or other appointing authority a list of the applicants so examined, with the one (1) having the highest average ranked first and all others ranked numerically according to the result of the examination.(3) Any honorably discharged soldier, sailor, marine, member of the Air Force, or member of any other branch of the military service who was inducted into that service through voluntary or involuntary enlistment, and who is an applicant for any municipal civil service position, and a registered voter of that municipality, shall be entitled to a five percent (5%) increase on his examination score. Any Red Cross nurse who served during the period of hostilities between the United States and the Central Powers in World War I and between the United States and Japan and Germany in World War II, and who is a registered voter of that municipality, shall be entitled to the same percentages. Such percentages shall be added to examination scores only if the score is determined by the civil service commission to be a passing score and after verification of the required service.(4) The civil service commission of cities of the second class shall maintain an eligible list of not less than three (3) for each position to be filled.(5) The appointing authority may designate certain civil service positions and prescribe that for such positions the examinations shall first be given exclusively to current employees; provided, however, that if less than three (3) employees with a minimum of two (2) years seniority achieve a passing grade, the examination shall be held in accordance with subsection (1) of this section.

90.380 Number of employees; salaries; protection from dismissal, suspension, or reduction; abolishment of office or position; reinstatement

(1) The city legislative body shall fix by ordinance the number and classification of city employees, and the salaries for each classification. When the number of employees and their classification has been fixed by ordinance, no employee shall be dismissed, suspended, or reduced in grade or pay for any reason except that set out in KRS 90.360.(2) Provided, further, that: Whenever in the exercise of a reasonable discretion, it shall be the judgment of the legislative body of the city that economic necessity requires it, or that there is no longer a need for a particular office or position to exist, the board of commissioners may abolish said office or position and any officer or employee occupying said office or position may be laid off or suspended until and if such office or position is re-created or reestablished. The abolition of any office or position must not be a subterfuge to effect another purpose, but must be actual and bona fide and must not amount to the mere alteration, modification, or abolition of title only.(3) Should any officer or employee conceive that he has been aggrieved by the abolition or the proposed abolition of said office or position, he may, at any time within ninety (90) days, file a petition in equity in the Circuit Court of the county wherein the city is located, stating his reason why the position or office has not been fairly abolished, or why it should not be abolished, and upon issue joined thereon by the city, the burden shall be on the latter to establish the necessity for and the good faith of the city in abolishing said office or position. The right to abolish and the right to have the office or position re-created shall be determined as other equitable actions are determined.(4) If the office or position is re-created or reestablished within five (5) years, then any person who was deprived of his office or position shall be restored to the office or position he formerly held or occupied in the order of his seniority if he shall elect to do so, and the city shall advise said officer or employee at his last known address and advertise pursuant to KRS Chapter 424, that the office or position has been re-created or reestablished.

CHAPTER 91. FINANCE AND REVENUE OF CITIES OF THE FIRST CLASSCOLLECTION; TAX SALES

91.4883 Publication of notice

(1) Within thirty (30) days after the filing with the Circuit Court clerk of an enforcement suit for the collection of unpaid taxes under the provisions of KRS 91.484 to 91.527, the collector shall cause a notice of enforcement to be published two (2) times, once each week, during successive weeks, and on the same day of each week, otherwise in accordance with the provisions of KRS Chapter 424.(2) Such notice shall be in substantially the following form:

NOTICE OF ENFORCEMENT OF LIEN FOR DELINQUENT LAND TAXES BY ACTION IN REM

Public Notice is hereby given that on the ..... day of ..............., 19..., the City of .................... of .................... County, Kentucky, filed a petition, being Action Number ....., in the Circuit Court of .................... County, Kentucky, at .................... (stating the city), for the enforcement of liens for delinquent land taxes against the real estate situated in such city, all as described in said petition.

The object of said suit is to obtain from the court a judgment enforcing the city's tax and other liens against such real estate and ordering the sale of such real estate for the satisfaction of said liens thereon (except right of redemption in favor of the United States of America if any), including principal, interest, penalties, and costs. Such action is brought against the real estate only and no personal judgment shall be entered therein.

The count number assigned by the city to each parcel of real estate, a description of each such parcel by street address and the property valuation administrator's tax parcel number (district, block, lot and sub-lot), a statement of the total principal amount of all delinquent city tax bills against each such parcel of real estate, all of which, as to each parcel, is more fully set out and mentioned by count in the aforesaid petition, and the name of any taxing authority or person of record owning or holding any tax bill or claiming any right, title, or interest in or to, or lien upon, any such parcel of real estate as set out in the petition, are respectively as follows:

(Here set out the respective count numbers, property descriptions, names of taxpayers of record and statements of total principal amounts of tax bills, and names of those other interested persons of record next above referred to.)

The total principal amounts of delinquent taxes set out in this notice do not include the lawful interest, penalties, and costs which have accrued against the respective parcels of real estate.

Any person or taxing authority owning or holding any tax bill or claiming any right, title, or interest in or to, or lien upon, any such parcel of real estate must file an answer to such suit in the office of the Circuit Court clerk of .................... county in ...................., and a copy of such answer with the city of .................... in accordance with the Kentucky Rules of Civil Procedure, on or before the ..... day of ..............., 19 ..., and in such answer shall set forth in detail the nature and the amount of such interest and any defense or objection to the enforcement of the tax liens, or any affirmative relief he or it may be entitled to assert with respect thereto.

Any person having any right, title, or interest in or to, or lien upon, any parcel of such real estate may have the city's claims against such parcel dismissed from the action by paying all of the sums mentioned therein to the city of .................... including principal, interest, penalties, and costs then due, at any time prior to the enforcement sale of such real estate by the master commissioner.

In the event of failure to answer on or before the date herein fixed as the last day for filing answer in the suit, by any person having the right to answer, such person shall be forever barred and foreclosed as to any defense or objection he might have to the enforcement of such liens for delinquent taxes and the judgment of enforcement may be taken by default. Redemption may be made for a period of sixty (60) days after the master commissioner's enforcement sale, if the sale price is less than the parcel's current assessed value as certified by the Department of Revenue. Each such person having any right, title, or interest in or to, or any lien upon, any such parcel of real estate described in the petition so failing to answer or redeem, as aforesaid, shall be forever barred and foreclosed of any right, title, or interest in or to, or lien upon, or any equity of redemption in said real estate.

.................. Kentucky

(name of city)

..................

Attorney

..................

..................

..................

Address

..................

Phone

..................

Date of first publication

91.756 Ordinance; requirements to be included

(1) An ordinance establishing a management district shall include but not be limited to the following provisions:(a) An accurate description of the boundaries of the management district designated either by map or perimeter description;(b) A description of the economic improvements that may be undertaken within the management district by its board of directors, including but not limited to:1. The planning, administration, and management of development or improvement activities;2. Landscaping, maintenance, and cleaning of public ways and spaces;3. The promotion of commercial activity or public events;4. The conduct of activities in support of business recruitment and development;5. The provision of security for public areas;6. The construction and maintenance of capital improvements to public ways and spaces; and7. Any other economic improvement activity that specially benefits property;(c) A requirement that the legislative body approve the annual budget and receive a copy of the annual economic improvement plan for the district;(d) The method of assessment of the properties that may include any fair basis authorized by KRS 91A.200 to 91A.290;(e) The method for collection of the assessment;(f) A method by which the annual increase in assessments caused by inflation, new growth, and other factors shall be limited;(g) The organizational structure of the board of directors for the management district and its powers and duties; and(h) Any other provisions deemed necessary by the legislative body to implement the provisions of KRS 91.750 to 91.762.(2) After the first reading of the ordinance to establish the management district, but prior to its second reading and passage, a public hearing on the question of the establishment of the management district shall be held by the legislative body.(3) A summary of the proposed plan for the management district shall be published in a newspaper in accordance with KRS Chapter 424 no less than twice, at least seven (7) but not earlier than twenty-one (21) days before the date of the public hearing. Notice shall also specify the date, time, and place of the hearing. In addition, a copy of the proposed ordinance and the notice of the hearing shall be mailed, by first class mail, to all property owners within the proposed management district.(4) After the public hearing, the legislative body may give second reading to the ordinance that shall become effective if passed and approved pursuant to KRS 83.500.(5) After the establishment of a management district, the legislative body shall not decrease the level of publicly funded services in the management district existing prior to the creation of the district or transfer the burden of providing the services, unless the services at the same time are decreased throughout the city, consolidated local government, or urban-county.

CHAPTER 91A. FINANCE AND REVENUE OF CITIESIMPROVEMENTS

91A.250 Public hearing

After preparation of the report required by KRS 91A.240, the city shall hold at least one (1) public hearing on the proposed improvement at which all interested persons shall be heard. Notice of the hearing shall be published pursuant to KRS Chapter 424, and mailed to each affected property owner by certified mail, return receipt requested, and shall include:(1) The nature of the improvement;(2) Description of area of the improvement;(3) Statement that the city proposes to finance the improvement in whole or in part by special assessment of

property and the method to be used;(4) Time and place the report may be examined; and(5) Time and place of the hearing.

91A.260 Ordinance to proceed with improvement by special assessment; publication; notice to affected property owners

Within ninety (90) days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in KRS 91A.240 and description of all properties. Promptly upon passage the city shall publish such ordinance pursuant to KRS Chapter 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner, and the ratio the cost to each property owner bears to the total cost of the entire project.

91A.565 Ordinance establishing management district

(1) An ordinance establishing a management district shall include, but not be limited to, the following provisions:(a) An accurate description of the boundaries of the management district designated either by map or perimeter description;(b) A description of the economic improvements that may be undertaken within the management district by its board, including but not limited to:1. The planning, administration, and management of development or improvement activities;2. Landscaping, maintenance, and cleaning of public ways and spaces;3. The promotion of commercial activity or public events;4. The conduct of activities in support of business recruitment and development;5. The provision of security for public areas;6. The construction and maintenance of capital improvements to public ways and spaces; and7. Any other economic improvement activity that specially benefits property;(c) A requirement that the legislative body approve the annual budget and annual economic improvement plan for the district and establish a procedure and schedule for such approval;(d) The method of assessment of the properties that may include any fair basis authorized by KRS 91A.200 to 91A.290;(e) The method for collection of the assessment;(f) The number of years, not exceeding five (5) years, that the assessments shall be levied;(g) A method by which the annual increase in assessments caused by inflation, new growth, and other factors shall be limited;(h) The makeup of the board for the management district and its powers and duties; and(i) Any other provisions deemed necessary by the legislative body to implement the provisions of KRS 91A.550 to 91A.580.(2) After the first reading of the ordinance to establish the management district, but prior to its second reading and passage, a public hearing on the question of the establishment of the management district shall be held by the legislative body.(3) A summary of the proposed plan for the management district shall be published in a newspaper in accordance with KRS Chapter 424 no less than twice, at least seven (7) but not earlier than twenty-one (21) days before the date of the public hearing. Notice shall also specify the date, time, and place of the hearing. In addition, a copy of the proposed ordinance and the notice of the hearing shall be mailed, by first class mail, to all property owners within the proposed management district.(4) After the public hearing, the legislative body may give second reading to the ordinance that shall become effective if passed and approved pursuant to KRS 83A.060.(5) After the establishment of a management district, the legislative body shall not decrease the level of publicly funded services in the management district existing prior to the creation of the district or transfer the burden of providing the services, unless the services at the same time are decreased throughout the city.

91A.570 Duties of the board for the management district; annual assessment; collection; appeal; lien

(1) Upon the effective date of the ordinance establishing the management district, the board shall implement the economic improvement plan adopted by the legislative body.(2) As soon as practicable after its appointment, and each year thereafter as provided by ordinance, the board shall develop a plan for economic improvements within the management district and shall prepare an annual detailed budget for the costs of providing economic improvements and shall submit the plan and budget to the legislative body for its approval.(3) Upon approval of the economic improvement plan and annual budget, the board shall publish both pursuant to KRS Chapter 424 and shall mail by first class mail to each affected property owner a description of the plan, the fair basis of assessment to be utilized, the estimated cost to the property owner, and the ratio that the cost to each

property owner bears to the total cost of the economic improvements.(4) The ordinance establishing the management district shall provide a procedure for the annual collection of the assessment for the economic improvements.(a) The board may be directed to annually prepare and mail by first class mail to an owner of each parcel of real property the annual assessment, and to establish due dates and penalties and interest, if any, for delinquent payment; or(b) The annual assessment may be collected in the same manner, at the same times, and by the office authorized by law for the collection and enforcement of general city taxes, in which case the collector of taxes shall make regular remittances of the amounts collected to the board. The penalties and interest for delinquent taxes may be applied to delinquent assessments, or separate penalties and interest may be imposed; however, no discount shall be provided for early payment.(c) Notwithstanding the method of collection for the assessment that is adopted, any affected property owner shall be afforded the right to contest the amount of assessment or the inclusion of his property. The contest shall be filed with the board within thirty (30) days of the receipt of the assessment. The property owner shall have the right to appear before the board and present evidence. A record shall be made of the proceedings and the board shall render a written decision. The decision of the board may be appealed to the Circuit Court of the county in which the city is located.(5) The amount of any outstanding assessment on any property, and accrued interest and other charges, shall constitute a lien on the property. The lien shall take precedence over all other liens, whether created prior to or subsequent to the assessment, except a lien for state and county taxes, general municipal taxes, and prior improvement assessments, and shall not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. No error in the proceedings of the city legislative body or the board shall exempt any property from the lien for the economic improvement assessment, or from payment thereof, or from the penalties or interest thereon, as herein provided.

CHAPTER 92. FINANCE AND REVENUE OF CITIES OTHER THAN THE FIRST CLASSASSESSMENT AND EQUALIZATION

92.430 Assessment lists and assessment procedure in cities of second class

(1) Except as provided in KRS 132.487, the assessor in each city of the second class shall assess in one (1) book all property subject to city taxation, and in making the assessment for any year shall assess any property subject to taxation that he finds to have been omitted in any former year.(2) On or before July 1 of each year the city assessor shall give notice, by publication pursuant to KRS Chapter 424 and by handbills posted throughout the city, that all persons owning real estate on July 1 and all persons owning or having in their possession or under their control on July 1 any personal property subject to city taxation shall, before September 1, appear at the assessor's office and furnish him a true and complete list of the property, with its true cash value as of July 1, under oath, upon forms to be furnished by the assessor on application at his office, and that all merchants doing business in the city shall in like manner, in addition to listing their personal property, state the highest amount in value of all merchandise owned or kept on hand for sale by them during the three (3) months next preceding July. The assessor and his deputies may administer oaths, and examine any person on oath concerning his real and personal property and its value, and may examine merchants on oath as to the statements required of them. The assessor may also gather information by other means.(3) For the purpose of assessing property for taxation, the assessor shall keep his office open, with himself or a deputy in attendance, during the hours from 8 a.m. to 6 p.m. or such other or additional hours as are fixed by ordinance, from July 1 to September 1, except Sundays and legal holidays. The assessor shall constantly keep on hand, and furnish to persons lawfully requesting them, all necessary blanks and forms for the lists and statements required by this section.(4) If any taxpayer is an artificial person, its chief officer or agent in the city at the time shall perform the duties imposed upon the taxpayer by this section.(5) On and after September 1 of each year and until the date fixed by ordinance for the closing of the assessment books, it shall be the duty of the assessor personally or through deputies to see in person or to call at the residence, usual place of abode or business place of all taxpayers who have not listed their property by appearing at the assessor's office for that purpose prior to September 1 or whose property is not well known to him, and the assessor or his deputies shall secure the assessment list by making such calls and shall view the property when practicable to do so.(6) Any person who fails or refuses to supply the assessor or his deputies with a complete list of his property and the value thereon when called upon at his residence, usual place of abode or place of business may be subject to a fine to be fixed by ordinance but not exceeding fifty dollars ($50).(7) On or before December 1 of each year the assessor shall return to the auditor his assessment books, certified by him to be a full, careful and honest assessment of all property in the city subject to assessment. He shall take the auditor's receipt therefor in duplicate, and shall transmit one (1) of the duplicates to each board of the general council at its first regular meeting in December. The assessment books and reports shall remain in the auditor's office, subject to public inspection, until transmitted to the board of equalization.

92.440 Equalization of assessments in cities of second class

(1) The board of equalization of each city of the second class shall meet at a suitable place provided by the city on any date during the year in which property is listed by owners for taxation purposes, or on the first day of January in the next succeeding year, but not later than the last mentioned date. If the board shall meet prior to the first Monday in January, the meeting date shall be fixed by ordinance. After taking office and electing a chairman and a clerk the board shall notify the auditor that it is ready to receive the assessment books, and the auditor shall then deliver them and take the receipt of the board therefor.(2) The board shall compare the real estate assessments with the plat books in the auditor's office and see that every parcel of real estate in the city has been assessed. If it finds that any real estate has been omitted, it shall certify that fact to the city solicitor, giving the number of parcels omitted. The board shall assess the parcels omitted.(3) The board shall hear and determine all complaints made against assessments. It shall increase or decrease assessments on like property in order to make all assessments uniform, or to place a true value on the property. It may, by a resolution or order signed by at least two (2) members, increase or decrease all assessments of real estate uniformly by adding or subtracting a percentage of the assessments, and need not give notice of such an increase except by publication pursuant to KRS Chapter 424. No increase of an assessment shall be made except a uniform increase as above provided, without notice to the person whose assessment is to be increased.(4) Where an assessment has been made against the property of a person who had actual notice to appear and list his property or make statements thereof but failed to do so, the board of equalization shall not decrease, but may increase, the assessment.(5) The board shall remain in session as long as the business requires, but not for more than four (4) weeks, unless the city legislative body, for cause stated, extends the time. The assessor shall be in constant attendance on the board and shall furnish all information possible.(6) The board shall not change any assessment by erasure, but shall make all changes and additions in appropriate columns provided for that purpose, and shall use ink of a different color from that used by the assessor.(7) When the board has completed its work it shall prepare, under the signatures of its members a statement showing the gross assessments of real property and of personal property, and the total of both, and the increase or decrease made by the board in the total assessment. The board shall return the statement to the city auditor, with all assessment books, plats and papers received from him, and shall take his receipt therefor.(8) The city auditor shall carefully verify the statement of the board of equalization and the assessment books, and if they are correct he shall certify the statement. If he finds a mistake, he shall cause the board of equalization to meet, and together with the board shall ascertain the correct amount. The auditor shall transmit the statement of the board, certified by him as correct, to the city legislative body as a basis for the annual levy ordinance.(9) Any taxpayer whose assessment has been raised or whose assessment upon his complaint has not, after proper showing, been decreased by the board of equalization otherwise than by the uniform increase of assessments may, within thirty (30) days after the final adjournment of the board, appeal to the Circuit Court by filing with the clerk of that court a copy of the action of the board, certified by the clerk of the board. The clerk of the board shall furnish the taxpayer, on demand, with such a certified copy of the action of the board as is necessary for the appeal. Appeals to the Circuit Court shall be tried without the intervention of a jury, and in case of appeals by the taxpayer the burden shall be upon the taxpayer to show that his property has been inequitably assessed. The cost of the appeals shall be adjudged against the unsuccessful party. Either party may appeal to the Court of Appeals as in other civil cases.

92.580 Tax bills, how made out and delivered in cities of fourth class

As soon as practicable after the supervisors of taxes in any city of the fourth class have corrected the assessment lists, they shall return the lists to the city clerk. The clerk shall, from the assessment lists, make out the tax bills for ad valorem and poll taxes for the year, in a stub-book to be devised by the city council for that purpose, and shall sign the bills and turn them over to the city collector or treasurer, as may be provided by ordinance, and take his receipt therefor, showing the number of bills so turned over and the aggregate amount thereof. The tax bills shall be indorsed by the collector or treasurer. Within ten (10) days after receipt of the tax bills, and before July 1, and ten (10) days before September 1, the collector or treasurer shall give notice by publication pursuant to KRS Chapter 424, that the taxes for the current year are in his hands for collection and are due, and that in default of payment on or before the date fixed under subsection (4) or (6) of KRS 92.590, the penalty prescribed by ordinance will be attached.

CHAPTER 95. CITY POLICE AND FIRE DEPARTMENTSCITIES OF THE SECOND AND THIRD CLASSES AND URBAN-COUNTY GOVERNMENTS

95.435 Custody and disposition of property taken by the police department

(1) The police department in cities of the second class, and urban-county government shall take charge of property, within their jurisdiction, alleged to be or suspected of being the proceeds of crime, property taken from the person of a prisoner, lost or abandoned property taken into the custody of any member of the police force or criminal court, and property taken from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves. The officer or court having custody of such property shall as soon as practicable deliver it into

the custody of the police department.(2) All such property shall be particularly described and registered by the police department in a book kept for that purpose, containing the name of the owner, if ascertained, the place where found, the name of the person from whom taken, with the general circumstances, the date of its receipt, the name of the officer recovering the property, the names of all claimants thereto, and any final disposition of the property. The police department shall advertise the property pursuant to KRS Chapter 424 for the information of the public as to the amount and disposition of the property.(3) If any property in the custody of the police department is desired as evidence in any criminal court, such property shall be delivered to any officer who presents an order to that effect from the court. Such property shall not be retained in the court but shall be returned to the police department.(4) All property except firearms that remains in the custody of the police department for three (3) months, without any lawful claimant thereto, may be sold at public auction in a suitable room designated for that purpose after having been advertised pursuant to KRS Chapter 424. The proceeds of such sales shall be paid into the police and firefighters' pension fund of said city or urban-county government. Firearms shall be transferred to the Kentucky State Police within ninety (90) days of abandonment, confiscation, release of the weapon as evidence, or forfeiture by a court, whichever occurs later.

95.764 Conduct of examinations; notice; certification of eligible list; appointment from list; rules and regulations; compensation of commissioners

The civil service commission shall conduct an examination of persons for appointment as members of the police and fire departments each time a vacancy shall occur in said departments. The mayor shall notify the commissioners each time a vacancy occurs in either of said departments and the commissioners shall within the two (2) weeks following the receipt of such notice hold an examination for persons seeking appointment to such vacancy after giving notice by publication pursuant to KRS Chapter 424. Within one (1) week following the holding of said examination, said commissioners shall certify to the legislative body the names of the three (3) persons receiving the highest grades. The legislative body may appoint any one (1) of said three (3) persons to said department. In the event a vacancy thereafter occurs in said department, or additions thereto of regular or substitute policemen or firefighters are made, within one (1) year following the certification of said names, the legislative body shall fill said vacancy or make such additions from the list of names certified. The commissioners shall make all rules and regulations for the proper conduct of their office. The civil service commissioners shall receive a salary each of one dollar ($1) per annum, paid out of the city's general fund, and for their services and the expense of holding any one (1) examination by the commissioners after due notice by the mayor has been given to the chairman of the said commission that a vacancy occurs in either of said departments and after the eligible list has been exhausted, shall be paid by the legislative body out of the city's general fund, not to exceed ten dollars ($10).

CHAPTER 96. UTILITIES IN CITIESCOMBINED ELECTRIC AND WATER PLANT IN CITY OF THIRD CLASS

96.060 Third-class city may grant rights of way to utilities; conditions

(1) The legislative body of any city of the third class may, by ordinance, grant the right of way in streets, alleys and public grounds of the city to any railway, street railway, gas, water, steam heating, telephone or electric light or power company for a term not exceeding twenty (20) years. Before granting such privilege, the city shall, after advertising by publication pursuant to KRS Chapter 424, receive bids publicly, and award the privilege to the highest and best bidder, having the right to reject any and all bids.(2) The city shall reserve the right to regulate and control the tracks, pipes and wires of such companies, and the public ways in which they are laid or constructed, and shall reserve the right to require any such company to conform to any changed grades of the streets and public grounds, to pay the cost of improving between its rails and for a reasonable distance on either side of its rails, to make culverts beneath them for the free flow of water, to change its rails, or mode of construction or operation, to suit public convenience, to raise or lower its pipes, or to take down its wires and lay them underground, as the public good requires.(3) The city shall not be liable for the cost or damage occasioned by such changes, or for any damage for delay in the operation of the business of any such company occasioned by any street improvement or repairs, or the constructing, bursting or repairing of any sewer or pipe in or across any street, alley or public ground, or for injury by any mob or other violence.(4) All such grants shall expire and become voidable, at the option of the city, although a consideration has been paid, unless a bona fide organization has taken place and business has been commenced and prosecuted under the grant in good faith within one (1) year from the date of the grant. The legislative body may impose other conditions and terms in addition to and not inconsistent with those enumerated in this section. The provisions in this section as to advertisements and bids, and limitation of the grant to twenty (20) years, shall not apply to the grant of the right of way to a trunk railway.

96.183 Termination of operation under KRS 96.171 to 96.188

The governing body of the municipality may terminate the operation and management of the electric and water plant by the board under the provisions of KRS 96.171 to 96.188 only by first complying with the following provisions, to wit:(1) The governing body of the municipality, upon the adoption of an ordinance declaring the desire of the municipality to terminate the operation of the electric and water plant by the board under the provisions of KRS 96.171 to 96.188, may direct that such question be submitted to an election of the qualified voters of the municipality. The mayor shall certify such ordinance to the county clerk not later than the second Tuesday in August preceding the next general election, who shall have prepared to be placed before the voters in the general November election, the question: "Are you in favor of the termination of the operation and management of the electric and water system of the city by the Electric and Water Plant Board?" The voters shall be instructed to indicate a "Yes" or a "No" vote.(2) The mayor of such municipality shall advertise such election and the object thereof by publication pursuant to KRS Chapter 424, and also by printed handbills posted in not less than four (4) conspicuous places in each voting precinct in the city and at the courthouse door. All legal voters of such city shall be privileged to vote at such election.(3) If two thirds (2/3) of all the qualified voters of the municipality voting in said general election on the question shall vote in the affirmative, the governing body of the municipality may adopt an ordinance rescinding its election to operate under the provisions of KRS 96.171 to 96.188, and the board, on the first day of the month following the passage and approval of such ordinance, shall by resolution transfer the operation of the electric and water plant to the governing body of the municipality.

96.184 Revenue bonds

(1) The board at any time may issue and sell revenue bonds to finance improvements or extensions of the plant, or the board, after the original cost of the property shall have been fully paid and satisfied, may, in its sole discretion, issue, sell, and pledge its revenues to secure the payment of revenue bonds the proceeds of which are to be used to finance the acquisition, construction, maintenance, improvement, addition to, and operation of "public projects" as defined in KRS 96.182, or for the purpose of purchasing, paying, retiring, guaranteeing the payment of, or underwriting revenue bonds issued by the city or any agency of the city to finance the acquisition, construction, maintenance, improvement, addition to, and operation of a public project, and sell refunding bonds for the purpose of providing for the payment of any outstanding bonds.(2) Bonds issued pursuant to KRS 96.171 to 96.188 may be issued in one or more series, may bear a date or dates, may mature at a time or times, not exceeding forty (40) years from their respective dates, may be in a denomination or denominations, may be in a form, either coupon or registered, may carry registration and conversion privileges, may be executed in a manner, may be payable in a medium of payment, at a place or places, may be sold in blocks, may be subject to terms of purchase or redemption of all or any of the bonds before maturity in a manner and at a price or prices as may be fixed by the board by resolution prior to the sale of the bonds.(3) All revenue bonds issued pursuant to the provisions of KRS 96.171 to 96.188 in the hands of bona fide holders shall have all the qualities and incidents of negotiable instruments under the law merchant. All bonds shall be sold to the highest responsible bidder at the time and place as fixed by the board in the notice of sale of the bonds, which notice shall have been advertised by publication pursuant to KRS Chapter 424. The board shall receive written, sealed, competitive bids, which shall be publicly opened and read at the time and place specified in the notice of sale. The board may reject all bids and readvertise.(4) No holder or holders of any revenue bonds issued under KRS 96.171 to 96.188 shall have the right to compel any exercise of taxing power of the municipality to pay the bonds or the interest on the bonds. Each bond issued under KRS 96.171 to 96.188 shall recite in substance that the bond, including interest on the bonds, is payable solely from the revenues pledged to the payment of the bond, and that the bond does not constitute a debt of the municipality within the meaning of any statutory or constitutional provision or limitation.(5) Any holder or holders of bonds issued pursuant to KRS 96.171 to 96.188 shall have the right, in addition to all other rights:(a) By action in court, to enforce his or their rights against the board, and any other proper officer, agent, or employee, including, but without limitation, the right to require the board, and any proper officer, agent, or employee of the board, to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, revenues from the plant, and to require the board and any officer, agent, or employee of the board, to carry out any other covenants or agreements and to perform its and their duties under KRS 96.171 to 96.188.(b) By action in equity, to enjoin any act or thing which may be unlawful or a violation of the rights of the holder of bonds.(6) If there is a default in the payment of the principal or interest of any bonds issued pursuant to KRS 96.171 to 96.188, any court having jurisdiction may, upon the petition of the holders of not less than twenty-five percent (25%) of the outstanding bonds, appoint a receiver to administer the electric plant on behalf of the board, with power to charge and collect rates sufficient to provide for the payment of any bonds or obligations outstanding against the plant and for the payment of the operating expenses and to apply the income and revenues in conformity with KRS 96.171 to 96.188.(7) All bonds issued pursuant to KRS 96.171 to 96.188, bearing the signatures of officers in office on the date of the signing of the bonds, shall be valid and binding obligations, notwithstanding that before the delivery and payment of the bonds, any or all the persons whose signatures appear on the bonds shall have ceased to be members of the board issuing the same. The resolution of the board authorizing the issuance of the bonds shall contain a recital

that the revenue bonds are issued pursuant to KRS 96.171 to 96.188, which recital shall be prima facie evidence of their validity and of the regularity of their issuance.(8) Bonds may be issued under KRS 96.171 to 96.188 without respect to the provisions of any laws requiring the prior approval of any court, commission, board, or regulatory authority.(9) All moneys received from the sale and issuance of bonds shall be used solely for the purpose for which the bonds were issued, except that any premium received for the bonds may be used for the payment of interest and principal of the bonds.

96.360 Acquisition of existing waterworks; notice of agreement; petition; election

(1) One (1) or more waterworks, owned by one (1) or more persons, may be acquired as a single enterprise, and the city legislative body may agree with the owner as to the value of the waterworks and purchase it at such value, after giving forty-five (45) days' notice by publishing the agreement of purchase, pursuant to KRS Chapter 424, setting out the price, interest rate, condition of plant, possible depreciation and repairs.(2) If, within the period of forty-five (45) days, a petition calling for an election on the proposition is filed with the county clerk of the county, signed by twenty-five percent (25%) of the qualified voters of the city who voted at the last preceding regular election, stating the residence of each signer and verified as to signatures and residence by the affidavits of one (1) or more persons, an election shall be held on the proposition. Notice of the election, setting forth the price, terms of bonds, interest, general repairs and condition of plant and nature of the election, shall be given by publication pursuant to KRS Chapter 424. The election shall be held at the next November election if the petition is filed with the county clerk and certified by the county clerk as sufficient not later than the second Tuesday in August preceding the regular election. The question to be submitted to the voters at the election shall be: "Are you in favor of the city of.......... purchasing.......... at the price of.....?" The purchase shall not be consummated unless a majority of the qualified voters voting on the proposition vote in favor of the purchase.

96.540 Restrictions on conveyance or encumbrance of waterworks or lighting system by a city of the second, third, fourth, fifth, or sixth class

(1) Except as provided in KRS 96.171 to 96.188, inclusive, and in KRS 96.5405, no city of the second, third, fourth, fifth, or sixth class that owns a lighting system by gas or electricity, shall sell, convey, lease, or encumber the system or the income therefrom without the assent of a majority of the total number of legal voters of the city voting at an election held for that purpose, after notice of the election has been published pursuant to KRS Chapter 424.(2) In the case of a city of the fourth, fifth, or sixth class, the election shall be ordered and the election officers shall be selected by the city legislative body, the city clerk shall prepare the question for presentation to the voters, and a tabulation of the vote shall be done by the city legislative body in the presence of the mayor; in all other respects the election shall be conducted under the regular election laws.(3) Except as provided in KRS 96.171 to 96.188, inclusive, and in KRS 96.5405, no city of the second, third, fourth, fifth, or sixth class that owns a waterworks system, shall sell, convey, lease, or encumber the system or the income therefrom without the assent of a majority of the legislative body for the city or of a majority of the total number of legal voters of the city voting at an election held for that purpose, after notice of the election has been published pursuant to KRS Chapter 424.(4) This section shall not apply to the issuance of revenue bonds under the provisions of KRS 96.350 to 96.520.

96.543 Ordinance for acquisition of system and issuance of bonds; election; plans and specifications; acquisition of lands and easements

(1) Before any city may acquire, maintain, or operate any such artificial gas system, the legislative body of the city shall pass an ordinance declaring it desirable that this be done, and shall prepare an estimate of the probable cost of the system. If revenue bonds are to be issued to pay the cost the ordinance shall so provide. An election shall be had on the adoption of the ordinance if a number of legal voters of the city equal to twenty-five percent (25%) of the total number of votes cast in the city at the last regular election file a petition within ten (10) days after the ordinance is passed asking that the question of approval of the ordinance be submitted to a vote of the people. If the petition is filed with the county clerk and certified by the county clerk as sufficient not later than the second Tuesday in August preceding the next regular election, the election shall be held at the next regular election held in the city. If no petition is filed, the city may proceed immediately with the acquisition of an artificial gas system.(2) If an election is petitioned for, the presiding officer of the city shall certify the ordinance to the county clerk, who shall cause to be prepared for presentation to the voters the question: "Are you in favor of acquiring, maintaining and operating an artificial gas system in accordance with the estimate of cost adopted by the.......... (here insert name of city) and the issuance of revenue bonds in the amount of $..... (here insert total face amount of bonds estimated by the legislative body of the city to be necessary to pay the cost of the system, based upon the estimate of cost)." The voters shall indicate a "Yes" or a "No" vote. The presiding officer of the city shall advertise the election and its object by publication pursuant to KRS Chapter 424. All legal voters of the city may vote at the election.(3) If an election is held, the city shall not acquire, maintain or operate the system or issue revenue bonds unless a majority of all the qualified voters voting on the question vote in favor thereof.

(4) Before revenue bonds are issued the legislative body of the city shall select the location of the system, prepare the necessary plans and specifications, and take all steps necessary in its judgment for the acquisition of the land, right of ways, constructions, franchises and easements necessary for the construction of the system.

96.640 Election by voters on question of constructing, purchasing, or condemning electric plant, or issuing bonds therefor

(1) Before any municipality shall have authority to (a) construct or cause to be constructed an electric plant, (b) acquire an electric plant by purchase, (c) institute condemnation proceedings for acquiring by eminent domain an electric plant, or (d) issue revenue bonds for the construction, purchase, or acquisition of an electric plant, the question shall be submitted to the qualified voters of the municipality as hereinafter in this section provided.(2) Before any municipality shall be authorized or empowered to purchase or establish and thereafter operate an electric plant, or to issue bonds therefor, the legislative body of such municipality shall pass an ordinance declaring it desirable that the municipality shall purchase or construct and operate a municipal electric plant, and if it is proposed to construct such electric plant, the board shall cause an engineer or engineers duly qualified and licensed under the laws of this Commonwealth (a) to prepare the necessary and proper plans and specifications for the construction of the electric plant, (b) select the location therefor, (c) determine the size, type and method of construction thereof, (d) make the necessary estimates of the cost of construction and of the acquisition of the land and rights of way, and (e) a survey of all lands, structures, rights of way, franchises and easements, the acquisition of which is deemed necessary by said engineers and the board for the construction and operation of such municipal electric plant, all of which shall be approved by the board; and, Provided further, That the question of whether or not revenue bonds shall be issued to provide for the payment of the cost thereof shall be submitted to the qualified voters of such municipality at the next regular November election to be held in said municipality if the ordinance is certified to the county clerk not later than the second Tuesday in August preceding the next regular election. The mayor shall certify such ordinance to the county clerk, who shall have prepared to be placed before the voters in the general November election, the question: "Are you in favor of the city constructing and operating a municipal electric plant in accordance with the plans and specifications adopted by the Electric Plant Board of.......... (here insert name of municipality) and the issuance of revenue bonds in the maximum amount of $..... (here insert maximum total face amount of bonds estimated by the board to be necessary to pay the cost of such plant, based upon the estimate hereinabove provided)." The voters shall respond to the question by voting "Yes" or "No".(3) The mayor of such municipality shall advertise such election and the object thereof by publication pursuant to KRS Chapter 424, and also by printed handbills posted in not less than four (4) conspicuous places in each voting precinct in the municipality and at the courthouse door. All legal voters of such municipality shall be privileged to vote at such election. The city shall have no authority to construct a municipal electric plant, or to issue revenue bonds unless a majority of all the qualified voters voting in said election on this question vote in favor thereof.(4) Any contract of a municipality for the purchase of an electric plant shall be conditioned upon the approval of the qualified voters of the municipality at an election held at the time and in the manner provided in subsections (2) and (3) of this section, except that the clerk shall have prepared to be placed before the voters the following question: "Are you in favor of the City of.......... purchasing from.......... (insert the name of owner or owners) an electric plant at the price of $..... (herein insert the amount of the agreed purchase price) and the issuance of revenue bonds in the amount of $..... (herein insert total face amount of bonds required to pay the agreed purchase price)." The voters shall respond to the question by voting "Yes" or "No".(5) Before any municipality shall be authorized or empowered to institute condemnation or eminent domain proceedings to acquire an electric plant, the legislative body of such city shall pass an ordinance declaring it desirable that the municipality shall acquire by condemnation an electric plant, and shall describe in the ordinance the property which it deems necessary to be acquired, and there shall be submitted, in the manner provided in subsections (2) and (3) of this section, to the qualified voters of the municipality at the next regular November election, the following question: "Are you in favor of the City of.......... (here insert name of city) acquiring an electric plant by the exercise of the power of eminent domain and the issuance of revenue bonds in an amount sufficient to pay the entire damages and costs of such acquisition." The voters shall respond to the question by voting "Yes" or "No".(6) No municipality or board shall have authority to purchase, construct, or acquire, or to institute condemnation proceedings for acquiring an electric plant, or to issue revenue bonds or other obligations or evidences of indebtedness for the payment of the costs thereof unless a majority of all the qualified voters voting in said election on the question vote in favor thereof. Elections held pursuant to the provisions of KRS 96.550 to 96.900 shall be governed by the laws of this state relative to elections to the extent that such laws are not inconsistent herewith.

96.690 Form and terms of bonds; sale; bonds for improvement; refunding or additional bonds; negotiability; interest rate

(1) Bonds issued pursuant to KRS 96.550 to 96.900 may be issued in one (1) or more series, may bear a date or dates, may mature at a time or times, not exceeding forty (40) years from their respective dates, may be in a denomination or denominations, may be in a form, either coupon or registered, may carry registration and conversion privileges, may be executed in a manner, may be payable in such medium of payment, at such place or places, may be sold or hypothecated in blocks, may be subject to the terms of repurchase or redemption of all or any of the bonds before maturity in a manner and at a price or prices as may be fixed by the board prior to the sale

of the bonds.(2) The board at any time may issue and sell revenue bonds to finance improvements or issue and sell refunding bonds for the purpose of providing funds for the payment of any outstanding bonds issued in accordance with the provisions of KRS 96.550 to 96.900. The new bonds shall be issued, sold, and secured in accordance with the provisions of KRS 96.550 to 96.900 for the issuance of the original revenue bonds, except no election shall be necessary or required to ascertain the will of the voters of the city. Should the board find that the bonds originally authorized will be insufficient to accomplish the purpose desired, additional bonds may be authorized and issued, subject to the same procedure and conditions as original revenue bonds.(3) All revenue bonds issued pursuant to the provisions of KRS 96.550 to 96.900 in the hands of bona fide holders shall have all the qualities and incidents of negotiable instruments under the law merchant. Except as provided in subsection (5) of this section, all bonds shall be sold to the highest responsible bidder at a time and place as has been fixed by the board in the notice of the sale of the bonds, which notice has been advertised by publication pursuant to KRS Chapter 424. The board shall receive written, sealed, competitive bids, which shall be publicly opened and read at the time and place specified in the notice of sale. The board may reject all bids and readvertise. Notwithstanding any law to the contrary, bonds may be issued bearing interest at a rate or rates and may be sold at a price equal to, less than or greater than, the aggregate principal amount of the bonds, as is satisfactory to and acceptable by the board. "Highest responsible bidder" as used in this section means the responsible bidder whose bid generates the lowest net interest costs for the issue.(4) After revenue bonds have been offered for sale by the board, as in this section provided, if no bid satisfactory or acceptable to the board is received, the board may sell, issue, and deliver the bonds to any federal governmental agency or other responsible purchaser at private sale upon terms, not in conflict with the provisions of KRS 96.550 to 96.900, as may be agreed upon between the board and the federal governmental agency or other responsible purchaser at private sale; but the net interest cost paid on the bond shall not be greater than that received from the highest responsible bidder.(5) Notwithstanding any law to the contrary, bonds of an issue, or bonds of two (2) or more issues consolidated for the purposes of sale, which equal or exceed ten million dollars ($10,000,000) in the aggregate principal amount may be sold at public sale in compliance with KRS 424.360 or at private sale without compliance with KRS 424.360, and bonds for the purpose of raising funds for the completion of any project for which a previous bond issue, or issues consolidated for the purposes of sale, equaled or exceeded ten million dollars ($10,000,000) in the aggregate principal amount may likewise be sold at a public sale in compliance with KRS 424.360 or a private sale without compliance with KRS 424.360.

96.919 Publication of first ordinance

The first ordinance shall be published pursuant to KRS Chapter 424. A certified copy of the first ordinance shall be delivered to the county judge/executive or county clerk of each county in which any area affected by the ordinance outside the city may be situated, and the county judge/executive or county clerk, shall, upon receiving the same, cause it to be posted at the county courthouse door, as in the case of notices of judicial sales of real property.

CHAPTER 96A. MASS TRANSIT AUTHORITIESMASS TRANSPORTATION PROGRAM

96A.340 Publication of resolution or ordinance; framing of proposal; majority required; status of voted levies

(1) The resolution or ordinance of each public body determining that a proposition for the establishment of a mass transportation program be submitted to the electorate of such public body or to the electorate of the transit area of such transit authority, as the case may be, shall in each case be published in the newspaper having the largest bona fide circulation in the area affected and KRS 424.120 notwithstanding, in the following manner:(a) The advertisement shall contain a notification that there is to be a referendum, the subject of which is to be the proposed sales tax.(b) The advertisement shall contain the amount of the proposed sales tax and the subject(s) thereof.(c) The advertisement shall include the manner in which the tax shall be levied.(d) The advertisement shall include the manner in which and purposes for which revenues resulting from the tax levy shall be spent.(e) The advertisement shall be no less than one-quarter (1/4) page in size, and(f) Shall be published at least once weekly for the nine (9) weeks immediately prior to the date of the referendum,(g) And daily for the week immediately prior to the date of the publication in those papers with daily publication.(h) The advertisement shall begin with the word "Tax."

Thereafter such public body or public bodies shall cause the proposition to be prepared for submission to the electorate of either such public bodies or such transit area of the transit authority, as the case may be, at an election to be called and held for such purpose. Such election may be held upon any date stipulated by the public body or public bodies and shall be held pursuant to notice as prescribed in KRS 424.130. Said election may, but need not, be held in conjunction with a regularly scheduled November election or a primary election as otherwise provided by law. The proposal to be submitted to the electorate of such public body or public bodies, or transit area of such transit authority, as the case may be, shall be so framed that any voter who wishes to vote in favor of the

mass transportation program and the financing source therefor may signify his approval by voting "yes," and any voter who wishes to vote against the mass transportation program and the funding therefor may do so by voting "no."(2) In the event any such mass transportation program proposal is submitted to the electorate of any individual public body, such proposition and the source of funding therefor shall be approved if a majority of those voting on the proposal within the public body shall vote "yes."(3) In the event any such mass transportation program proposal is submitted to the electorate of any transit area of any such transit authority by simultaneous submission by all public bodies who are at the time of such submission members of such transit authority, such proposition and the source of funding therefor shall be approved if a majority of those voting on the proposal within the transit area of such transit authority shall vote "yes."(4) Any additional voted levies of ad valorem taxes approved by electorates pursuant to KRS 96A.310 to 96A.370, shall in the case of individual public bodies, be added to and constitute legal tax levies of such individual public bodies within the meaning of the Constitution of Kentucky, and shall, in the case of votes taken in transit areas of transit authorities, constitute legal tax levies of each and every individual public body which is a member of any such transit authority within the meaning of the Constitution of Kentucky.

CHAPTER 99. URBAN RENEWAL AND REDEVELOPMENTCITIES OF THE FIRST AND SECOND CLASSES

99.050 Conditions of approval of plan by planning commission

(1) A planning commission may approve a development plan, but no certificate of approval thereof shall be issued by it unless and until an application for approval has been filed with it, together with the development plan, and unless and until, after a public hearing before it, notice of which hearing giving the time, place and purpose of the hearing shall be given by publication pursuant to KRS Chapter 424, and by one or more handbills posted up in the area sought to be redeveloped giving the time, place and purpose of the hearing, the planning commission finds:(a) That the area within which the development area is included is substandard or insanitary and that the redevelopment of the development area in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in KRS 99.020;(b) That the development plan is in accord with the master plan, or city map, if any, of the city;(c) That the development area is of sufficient size to allow its redevelopment in an efficient and economically satisfactory manner;(d) That the various stages, if any, by which the development is proposed to be constructed or undertaken, as stated in the development plan, are practicable and in the public interest;(e) That public facilities, including, but not limited to school, fire, police, transportation, park, playground and recreation, are presently adequate, or will be adequate, at the time that the development is ready for use, to service the development area;(f) That the proposed changes, if any, in zoning ordinances or maps and in streets and street levels, or any proposed street closing, are necessary or desirable for the development and its protection against blighting influences and for the city as a whole; and(g) Upon the data submitted by or on behalf of the redevelopment corporation, or upon data otherwise available to the planning commission, that the carrying into effect of the development plan will not cause undue hardship to the families, if any, occupying dwelling accommodations in the development area to such a degree as to outweigh the public purpose defined in KRS 99.020.(2) Any such findings shall be conclusive evidence of the facts so determined except upon proof of fraud or willful misfeasance. In arriving at such determination, the planning commission shall consider only those elements of the development plan relevant to such determination under paragraphs (a) through (g) of subsection (1) of this section and to the type of development which is physically desirable for the development area concerned from a city planning viewpoint, and from a neighborhood unit viewpoint if the development plan provides that the development area is to be primarily residential. Upon approval of a development plan by the planning commission, it shall forthwith issue a certificate of approval thereof.(3) Such planning commission may state general standards of city and neighborhood unit planning to which a development plan should conform to be approved by it. Such standards, however, shall be as flexible as possible and only for the guidance of prospective proponents of development plans. Variations therefrom shall be freely allowed upon a showing of their advisability, to the end that individual initiative be encouraged.

99.210 Power of corporation to acquire real property; city may condemn and convey to corporation; federal or state aid; alternate method of acquiring and conveying land

(1) A redevelopment corporation may, whether before or after the certificates of approval of its development plan required by KRS 99.040 to 99.060 have been issued, acquire real property or secure options in its own name or in the name of nominees to acquire real property, by gift, grant, lease, purchase or otherwise.(2) Such city may, upon request by a redevelopment corporation, and after a certificate of approval of condemnation with respect to the real property in question has been issued pursuant to KRS 99.220, acquire, or

obligate itself to acquire, for such redevelopment corporation, any real property included in such certificate of approval of condemnation, by condemnation. Real property acquired by such city for a redevelopment corporation shall be conveyed by such city to the redevelopment corporation upon payment to the city of all sums expended or required to be expended by the city in the acquisition of such real property.(3) In connection with the activities and projects of redevelopment corporations, the city may apply for, receive, and accept grants-in-aid, gifts, credits, and all other aid and in all forms, whether similar to or dissimilar from those particularly enumerated, from the federal government, which embraces the United States of America, its agencies and instrumentalities, or from the Commonwealth of Kentucky, its agencies and instrumentalities or from both, under such lawful contracts, terms, and conditions, as may be agreed upon.(4) In order to further the accomplishment of the purposes of KRS 99.010 to 99.310, and in addition to the powers heretofore or which may hereafter be granted to it, the city may, as an alternate method of acquiring by gift, purchase, or condemnation, and selling and transferring real property to a redevelopment corporation, by ordinance or ordinances, proceed as follows:(a) From time to time designate an area within such city as under consideration for development under the provisions of KRS 99.010 to 99.310 and provide for consultation with and aid from any and all city departments, commissions, officers, employees, agencies, and instrumentalities, relating to the initiation of the project.(b) Apply for and receive gifts, grants, credits, and obtain loans for the accomplishment of each development or developments generally, and obligate such city to supervise the application of such funds for such purpose or purposes, and also accept gifts, grants, conveyances and leaseholds within such area or areas, and to provide funds, where necessary, to obtain gifts, grants, credits or loans from the federal government, its agencies and instrumentalities, or from the Commonwealth of Kentucky, its agencies and instrumentalities, or from both or any other agency under such lawful contracts, terms and conditions as may be agreed upon.(c) Appropriate funds acquired under paragraph (b) or by taxation for the acquisition of all or any part or parts of the property in each such area for development under KRS 99.010 to 99.310 by purchase and by condemnation, and for the clearance of all or any part or parts of the property owned by or thus acquired by such city. Such condemnation shall be under the provisions of KRS 99.010 to 99.310, but the city may waive request for condemnation or deposit or obligation to furnish the funds, as set out in KRS 99.230.(d) Advertise for the submission of development plans for such designated area by a redevelopment corporation under the provisions of KRS 99.010 to 99.310, application therefor to be accompanied by a bid for such lands and estates therein as the city owns or may obligate itself to purchase, or otherwise acquire and lease, sublease, sell, or convey to the redevelopment corporation, provided a plan is submitted and is finally accepted and approved under the provisions of KRS 99.010 to 99.310. If more than one (1) plan and bid is submitted for any one (1) project thus advertised, then the plan and bid that together would prove most beneficial to the city in accomplishing the purposes of KRS 99.010 to 99.310 shall be submitted for approval under the terms of KRS 99.010 to 99.310, but the city may reject any and all applications, bids and plans. Said city shall be the sole judge as to which plan is the most beneficial. Such advertisement shall clearly describe the area under consideration for development, the part or parts thereof owned by the city or which it will acquire, and the estates in each parcel that is being offered for sale, the terms and conditions, and shall be published pursuant to KRS Chapter 424.(e) The terms of the bid for such land or lands or leaseholds may be for all cash, or part cash and part on time, or all on time, with or without interest, and with or without lien retained. Any term of payment shall not be for a period exceeding five (5) years from date of completion of the project.(f) As a further inducement, the terms of the bid may provide for a discount not exceeding ten percent (10%) a year on such bid for each year, not exceeding five (5), in event the development during each such year is in accordance with the development plan.

99.290 Sale of real property by city to corporation

(1) The local legislative body may by ordinance determine that real property specified and described in such ordinance, title to which is held by the city and which was not acquired by condemnation under the provisions of KRS 99.010 to 99.310, is needed for the redevelopment project and may authorize the city to convey, sell, such real property to a redevelopment corporation. Provided, however, that the title of the city to such real property be not declared inalienable by charter of the city, or other similar law or instrument.(2) Notwithstanding the provisions of any general, special or local law or ordinance, such sale may be made without appraisal, public notice or public bidding for such price and upon such terms as may be agreed upon between the city and the redevelopment corporation.(3) Before such sale to a redevelopment corporation shall be authorized, a public hearing shall be held by the local legislative body to consider the proposed sale. Notice of such hearing shall be published pursuant to KRS Chapter 424.(4) The deed to such real property shall be executed in the same manner as a deed by the city of other real property owned by it and may contain such appropriate conditions and provisions as are authorized by KRS 99.010 to 99.310 relating to such redevelopment corporation and any conditions or provisions of deeds to the city.(5) A redevelopment corporation purchasing real property from a city shall not, without the consent of the legislative body of the city, use such real property for any purpose except in connection with the redevelopment. The deed may contain a condition that the redevelopment corporation will devote the real property granted only for the purposes of its development subject to the restrictions of KRS 99.010 to 99.310.

99.370 Prerequisites for adoption of a development plan

No agency may acquire title to any land for the purpose of carrying out a development plan unless the following conditions have been met.(1) A general or master plan of the community has been adopted by the planning commission of the community.(2) A development plan for the proposed development area has been approved by the planning commission of the community and has been made available for public inspection. The development plan shall designate, among other things, the location, character and extent of the public and private land ownership and uses proposed within the area, such as street, sewer, public transportation, school, recreation, dwelling, business, industry and such others as may be suitable. The development plan may be made by the agency, or at the request of the agency or at the direction of the council, be prepared by the planning commission of the community.(3) A public hearing held by the agency on the redevelopment project, whereat an opportunity shall be afforded to all persons interested to be heard, either in person or by counsel. Notice of such hearings shall be published pursuant to KRS Chapter 424. Notices of the hearing shall be mailed at least ten (10) days before the hearing, to the last known owner of each parcel of land in the development area at the last known address of such owner as shown by the records of the assessor and shall contain a description of the proposed development area by its location in relation to highways, streets, streams or otherwise. Such notices shall further state that maps, plats and particular description of the development plan, together with such zoning maps and ordinances as may relate thereto, are available for public inspection at a place to be designated in such notice. The failure of any owner to receive a copy of such notice shall not invalidate the proceedings of the agency.(4) A finding has been made by the agency that there is a feasible method for the temporary or permanent relocation of families displaced from the development area, and that there are, or are being provided, in the development area or in other areas not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families displaced from the development area decent, safe, and sanitary dwellings for such displaced families.(5) After public hearing, the agency has made and certified to the council the development plan and an estimate of the cost required of the community for the redevelopment of such area, for the guidance of the council in providing funds therefor, an estimate of the total cost of such redevelopment including an estimate of the cost of appraisals, the value of the real estate, and any other costs and expenses which, in the judgment of the agency may be incurred by the agency in the exercise of the powers granted in KRS 99.330 to 99.510, and an estimate of the revenue from the sale or lease of the property after demolition and conditioning for redevelopment, and the amount of deficit, if any, which is expected to be incurred.(6) A finding has been made by the council:(a) That the area is a slum area or that all the following conditions exist:1. That the area is a blighted area;2. That a shortage of housing of sound standards and design adequate for family life exists in the community;3. That the need for housing accommodations has been or will be increased as a result of the demolition of residential units in slum areas under development plans; and4. That the conditions of blight in the area and the shortage of decent, safe, and sanitary housing in the community cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, and welfare;(b) That the development plan will afford maximum opportunity consistent with the sound needs of the community as a whole for the redevelopment of the development area by private enterprise;(c) That the development plan conforms to the general or master plan for the development of the community as a whole; and(d) That federal assistance is necessary to enable the development area to be redeveloped in accordance with the development plan and funds will be available for the community share of the cost as required by the Housing Act of 1949 [FN1] or other federal acts providing federal financial assistance, or that federal financial assistance is not necessary and all funds will be available from other sources;(7) The council has approved the development plan.

99.430 Bonds, notes, and obligations of the agency

(1) Any agency shall have power to issue revenue bonds from time to time at its discretion for any of its corporate purposes under KRS 99.330 to 99.510. An agency shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An agency may issue revenue bonds on which the principal and interest are payable:(a) Exclusively from the income and revenues of the redevelopment project or projects financed from the proceeds of the bonds; or(b) Exclusively from the income and revenues together with grants and contributions from the federal government or other sources. Any bonds may be additionally secured by a mortgage, deed of trust, or other lien or encumbrance on the property in the redevelopment project or projects financed from the proceeds of the bonds.(2) Neither the members of an agency or any person executing the bonds shall be liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of an agency (and the bonds and obligations shall so state on their face) issued under this section shall not be a debt of the city, the county, the State, or any political subdivision of the State within the meaning of any constitutional or statutory debt limitation or restriction and neither the city, the county, the State, nor any political subdivision of the State shall be liable, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the agency.(3) Bonds of an agency shall be authorized by its resolution. The bonds may be issued in one (1) or more series

and shall bear a date or dates, mature at a time or times, bear interest at a rate or rates or method of determining rates, be in a denomination or denominations, be in form, either coupon or registered, carry conversion or registration privileges, have rank or priority, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to the terms of redemption (with or without premium) as the resolution, its trust indenture, or mortgage may provide.(4) The bonds may be sold at public sale held after notice has been given by publication pursuant to KRS Chapter 424. The bonds, however, may be sold to the federal government at private sale without advertisement.(5) In case any of the members or officers of the agency whose signatures appear on any bonds, coupons, notes, or other obligations shall cease to be members or officers before the delivery of the bonds, coupons, notes, or other obligations, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until delivery of the bonds. Any provision of any law to the contrary notwithstanding, any bonds, coupons, notes, or other obligations issued pursuant to KRS 99.330 to 99.510 shall be fully negotiable.(6) In any suit, action, or proceedings involving the validity or enforceability of any bonds of an agency or their security, any bonds reciting in substance that they have been issued by the agency to aid in financing a redevelopment project shall be conclusively deemed to have been issued for a redevelopment project and the project shall be conclusively deemed to have been planned, approved, located, and carried out in accordance with the purposes and provisions of KRS 99.330 to 99.510.(7) In connection with the issuance of bonds, an agency, in addition to its other powers, shall have power:(a) To pledge all or any part of its gross or net revenue to which its right then exists or may thereafter come into existence;(b) To encumber (by mortgage, deed of trust, or otherwise) all or any part of its real or personal property in the redevelopment project;(c) To covenant against pledging all or any part of its revenues, or against encumbering all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on revenues or property; to covenant with respect to its sale, leasing, or other disposition of any redevelopment project or any part of the project; and to covenant as to what other or additional debts or obligations may be incurred by it;(d) To covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise, and as to the use and disposition of the proceeds of the bonds; to provide for the replacement of lost, destroyed, or mutilated bonds, to covenant against extending the time for the payment of its bonds or interest on the bonds; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions of the bonds;(e) To covenant as to the amounts to be charged in the sale or lease of properties in a redevelopment project or projects, the amount to be raised from revenue each year or other period of time, and as to the use and disposition to be made of this amount; to create or to authorize the creation of special funds for moneys held for redevelopment or other costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the money held in special funds;(f) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given;(g) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, its replacement, the insurance to be carried, and the use and disposition of insurance moneys;(h) To covenant as to the rights, liabilities, powers, and duties arising upon the breach of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which a declaration and its consequences may be waived;(i) To vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenant securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by an agency, to take possession of any redevelopment project or part of the project, and to collect the rents and revenues arising or due the agency in connection with the project, and to dispose of the moneys in accordance with the agreement of the agency with the trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities of the trustees; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and(j) To exercise all or any part or combination of the powers granted; to make covenants other than and in addition to the covenants expressly authorized of like or different character; to make the covenants and to do any and all the acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the discretion of the agency, except as otherwise provided in KRS 99.330 to 99.510, as will tend to make the bonds more marketable notwithstanding that the covenants, acts, or things may not be enumerated within this section.(8) The bonds, notes, and other obligations of an agency are declared to be issued for an essential public and governmental purpose, and together with interest and income from the bonds, notes, and other obligations shall be exempt from all taxes.(9) Notwithstanding any restrictions on investments contained in any laws of this Commonwealth, the Commonwealth and all public officers, municipal corporations, political subdivisions, and public bodies; all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; all insurance companies, insurance associations and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by an agency, as defined by KRS 99.340, or

issued by any community or other public body in the United States, when the bonds and other obligations are secured by a contract for financial assistance to be paid by the United States government or any of its agencies, and the bonds, and other obligations shall be authorized security for all public deposits; it being one (1) of the purposes of KRS 99.330 to 99.510 to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them including (but not limited to) sinking, insurance, investment, retirement, compensation, pension, and trust funds, any funds held on deposit, for the purchase of any bonds or other obligations; provided, however, that nothing contained in KRS 99.330 to 99.510 shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

99.670 Bond issue; agency powers

(1) An agency shall have power to issue bonds from time to time at its discretion for any of its corporate purposes under KRS 99.610 to 99.680. An agency shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An agency may issue bonds on which the principal and interest are payable:(a) Exclusively from the income and revenues, including the increment of tax revenues as allowed by law, of the project or projects financed from the proceeds of such bonds; or(b) Exclusively from such income and revenues together with grants and contributions from the federal, state, city, or urban-county government, or other sources. Any such bonds may be additionally secured by a mortgage, deed of trust, or other lien or encumbrance on the property including pledges of tax increments as allowed by law in the project or projects financed from the proceeds of such bonds.(2) Neither the members of the board of commissioners of an agency nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an agency shall so state on their face that such bonds and obligations issued under this section shall not be a debt of the city, the county, the state, or any political subdivision thereof within the meaning of any constitutional or statutory debt limitation or restriction and neither the city, the county, the state, nor any political subdivision thereof shall be liable thereon, nor, in any event, shall such bonds or obligations be payable out of any funds or properties other than those of said agency, except as provided by contract.(3) Bonds of an agency shall be authorized by resolution of its board of commissioners. Such bonds may be issued in one (1) or more series, each of which may be separately secured, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture or mortgage may provide.(4) The bonds may be sold at less than par, and shall be sold at public sale held after notice has been given by publication pursuant to KRS Chapter 424, except as follows:(a) Bonds may be sold at private sale without advertisement to the federal, state or urban-county governments, or to an agency of any such governments;(b) Payment for any portion of a project area may be made in bonds, provided, however, that:1. Any such transaction shall be approved by the price advisory council before its consummation;2. Such exchange is valid and legal pursuant to regulations of the Internal Revenue Service.(5) The bonds may be sold with provision that they bear no interest, or only nominal interest, for a period of years, after which they may bear greater interest; and provision may be made for the capitalization of interest for periods not in excess of five (5) years. More than one (1) project may be established within the same project area, and each such project may be financed with a different issue or bonds with differing security. Each of said bond issues may be designed to meet standards required under federal statutes or regulations pertaining to the issuance of tax-exempt bonds; provided, however, that nothing herein shall be deemed to prohibit the issuance of any series of bonds, the interest on which may not be exempt from federal income tax.(6) In case any of the members or officers of the agency whose signatures appear on any bonds, coupons, notes, or other obligations shall cease to be such members or officers before the delivery of such bonds, coupons, notes, or other obligations, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds, coupons, notes, or other obligations issued pursuant to KRS 99.610 to 99.680 shall be fully negotiable except as limited by their terms.(7) In any suit, action, or proceedings involving the validity or enforceability of any bonds of an agency or the security therefor, any such bonds reciting in substance that they have been issued by the agency to aid in financing a project shall be conclusively deemed to have been issued for a project and said project shall be conclusively deemed to have been planned, approved, located, and carried out in accordance with the purposes and provisions of KRS 99.610 to 99.680.(8) In connection with the issuance of bonds, an agency, in addition to its other powers, shall have power:(a) To pledge all or any part of its gross or net revenue to which its right then exists or may thereafter come into existence;(b) To encumber, by mortgage, deed of trust, or otherwise, all or any part of its real or personal property in the project;(c) To covenant against pledging all or any part of its revenues, or against encumbering all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; to covenant with respect to its sale, leasing, or other disposition

of any project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it;(d) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed, or mutilated bonds, to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof;(e) To covenant as to the amounts to be charged in the sale or lease of properties in a project or projects, the amount to be raised from revenue each year or other period of time and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for development or other costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the money held in such funds;(f) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;(g) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance moneys;(h) To covenant as to the rights, liabilities, powers, and duties arising upon the breach of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;(i) To vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or trustees the right, in the event of a default by said agency, to take possession of any project or part thereof, and to collect the rents and revenues arising therefrom, or due the agency in connection therewith, and to dispose of such moneys in accordance with the agreement of the agency with said trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds;(j) To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the discretion of said agency, except as otherwise provided in KRS 99.610 to 99.680, as will tend to make the bonds more marketable notwithstanding that such covenants, acts, or things may not be enumerated herein.(9) The bonds, notes, and other obligations of an agency are declared to be issued for an essential public and governmental purpose, and together with interest thereon and income therefrom shall be exempt from all taxes.

CHAPTER 100. PLANNING AND ZONINGPLANNING COMMISSION

100.177 Finances

The legislative bodies in the planning unit may appropriate out of general revenues for the expenses and accommodations necessary for the work of the commission. Any planning commission shall have the right to receive, hold, and spend funds which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky, including the United States government, for the purpose of carrying out the provisions of this chapter. All bylaws shall describe the method for administration of funds, and an annual audit shall be performed of all receipts, expenditures, and funds on hand by the Auditor of Public Accounts or an independent certified public accountant. The report of every audit, including financial statements, shall be kept in the same manner prescribed in this chapter for other records. Every independently budgeted planning commission shall annually publish a financial statement, pursuant to the requirements set forth in KRS Chapter 424.

100.182 Effect of failure to comply strictly with procedural provisions or publication requirements; limitation

All other provisions of this chapter to the contrary notwithstanding, no comprehensive plan, land use or zoning regulation, subdivision regulation, public improvements program, or official map regulation shall be invalidated in its entirety for failure to strictly comply with any procedural provision of this chapter or with the requirements of KRS Chapter 424 in making any publication required to be made under this chapter, unless a court finds that the failure to strictly comply with any procedural requirement results in material prejudice to the substantive rights of an adversely affected person and that such rights cannot be adequately secured by any remedy other than invalidating the comprehensive plan, land use or zoning regulation, subdivision regulation, public improvements program, or official map regulation in its entirety.

100.207 Text and map of zoning regulations; notice and publication

(1) Before a city or county enacts zoning regulations, as authorized by KRS 100.201, the planning commission shall prepare the text and map of all zoning regulations and shall hold at least one (1) public hearing. Notice of the public hearing shall be given in accordance with the provisions of KRS Chapter 424.(2) Subsequent to the public hearing, the planning commission shall submit, along with their recommendation, a copy of the approved zoning regulation text and map to the various legislative bodies and fiscal courts for adoption. A majority of the entire legislative body or fiscal court shall be required for passage of an ordinance adopting these regulations. Notwithstanding publication requirements, the ordinance by which these regulations are originally adopted may be published by stating the title and general description of the regulations and referring to the place within the unit where a copy of the complete ordinance may be examined without charge.(3) The procedure for amending the zoning regulation text and map shall be as set forth in KRS 100.211.

100.209 Amendment of comprehensive plan prior to annexation permitted; land use management regulation in newly annexed or reclassified territory

(1) When a city which has adopted zoning or other land use regulations pursuant to this chapter proposes to annex unincorporated or accept the transfer of incorporated territory, it may amend its comprehensive plan and official zoning map to incorporate and establish zoning or other land use regulations for the property proposed for annexation or transfer prior to adoption of the ordinance of annexation or transfer. If the city elects to follow this procedure, the planning commission shall hold a public hearing, after the adoption of the ordinance stating the city's intention to annex or transfer property and prior to final action upon the ordinance of annexation or transfer, for the purpose of adopting the comprehensive plan amendment and making its recommendations as to the zoning or other land use regulations which will be effective for the property upon its annexation or transfer. Notice setting forth the time, date, location, and purpose of the public hearing shall be published as required by KRS Chapter 424 and shall be given to the owners of all properties within the area proposed for annexation or transfer and to adjoining property owners in accordance with KRS 100.212(2). The city legislative body shall take final action upon the planning commission's recommendations prior to adoption of the ordinance of annexation or transfer and shall include in the ordinance of annexation or transfer a map showing the zoning or other land use regulations which will be effective for the annexed or transferred property. If the city elects not to follow the procedure provided for in this section prior to the adoption of the ordinance of annexation or transfer, the newly annexed or transferred territory shall remain subject to the same land use restrictions, if any, as applied to it prior to annexation or transfer until those restrictions are changed by zoning map amendments or other regulations in accordance with this chapter.(2) When a city is created or when a city of the fifth or sixth class is reclassified to a city of the fourth class or higher in a county containing a city of the first class or a consolidated local government, and the intent is to regulate land use within the confines of the city, the process for adopting or amending the comprehensive plan and adopting zoning or other land use regulations shall be as provided for in this chapter. Until such actions have been taken, the properties within the city shall remain subject to the land use restrictions, if any, as applied prior to the creation or reclassification of the city.

100.211 Procedure for amending zoning map and text of regulation; notice; hearing; time limit for final action

(1) A proposal for a zoning map amendment may originate with the planning commission of the unit, with any fiscal court or legislative body which is a member of the unit, or with an owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the planning commission before adoption. The planning commission shall then hold at least one (1) public hearing after notice as required by this chapter and make findings of fact and a recommendation of approval or disapproval of the proposed map amendment to the various legislative bodies or fiscal courts involved. The findings of fact and recommendation shall include a summary of the evidence and testimony presented by the proponents and opponents of the proposed amendment. A tie vote shall be subject to further consideration by the planning commission for a period not to exceed thirty (30) days, at the end of which, if the tie has not been broken, the application shall be forwarded to the fiscal court or legislative body without a recommendation of approval or disapproval. It shall take a majority of the entire legislative body or fiscal court to override the recommendation of the planning commission and it shall take a majority of the entire legislative body or fiscal court to adopt a zoning map amendment whenever the planning commission forwards the application to the fiscal court or legislative body without a recommendation of approval or disapproval due to a tie vote. Unless a majority of the entire legislative body or fiscal court votes to override the planning commission's recommendation, such recommendation shall become final and effective and if a recommendation of approval was made by the planning commission, the ordinance of the fiscal court or legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law.(2) A proposal to amend the text of any zoning regulation which must be voted upon by the legislative body or fiscal court may originate with the planning commission of the unit or with any fiscal court or legislative body which is a member of the unit. Regardless of the origin of the proposed amendment, it shall be referred to the planning commission before adoption. The planning commission shall hold at least one (1) public hearing after notice as required by KRS Chapter 424 and make a recommendation as to the text of the amendment and whether the amendment shall be approved or disapproved and shall state the reasons for its recommendation. In the case of a proposed amendment originating with a legislative body or fiscal court, the planning commission shall make its recommendation within sixty (60) days of the date of its receipt of the proposed amendment. It shall take an affirmative vote of a majority of the fiscal court or legislative body to adopt the proposed amendment.

(3) Procedures prescribed in KRS 100.207 applicable to the publication of notice also shall apply to any proposed amendment to a zoning regulation text or map; provided that:(a) Any published notice shall include the street address of the property in question, or if one is not available or practicable due to the number of addresses involved, a geographic description sufficient to locate and identify the property, and the names of two (2) streets on either side of the property which intersect the street on which the property is located; and(b) When the property in question is located at the intersection of two (2) streets, the notice shall designate the intersection by name of both streets rather than name the two (2) streets on either side of the property.(4) When a property owner proposes to amend the zoning map of any planning unit other than a planning unit containing a city of the first class or a consolidated local government, the provisions of KRS 100.212 shall apply in addition to the requirements and procedures prescribed in subsection (3) of this section.(5) When a property owner proposes to amend the zoning map of any planning unit comprising any portion of a county containing a city of the first class or a consolidated local government, the provisions of KRS 100.214 shall apply in addition to the requirements and procedures prescribed in subsection (3) of this section.(6) In addition to the public notice requirements prescribed in subsection (3) of this section, when the planning commission, fiscal court, or legislative body of any planning unit originates a proposal to amend the zoning map of that unit, notice of the public hearing before the planning commission, fiscal court, or legislative body shall be given at least thirty (30) days in advance of the hearing by first-class mail to an owner of every parcel of property the classification of which is proposed to be changed. Records by the property valuation administrator may be relied upon to determine the identity and address of said owner.(7) The fiscal court or legislative body shall take final action upon a proposed zoning map amendment within ninety (90) days of the date upon which the planning commission takes its final action upon such proposal.

100.263 Public notice of appeal hearing

The board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the administrative official at least one (1) week prior to the hearing, and shall decide it within sixty (60) days. The affected party may appear at the hearing in person or by attorney.

100.297 Official map, contents; hearing, posting

(1) The official map may show, without being limited to, the location and extent of existing and proposed public streets, including rights of way, watercourses, parks and playgrounds, public schools and building sites, and other public facilities needs.(2) Prior to the adoption or amendment of the official map, the planning commission shall review the map or changes to it in light of the comprehensive plan, shall hold a public hearing on the map or proposed changes pursuant to public notice as prescribed by KRS Chapter 424, and shall recommend its approval or disapproval to the legislative bodies.(3) After the passage of the official map regulation for all or part of the city or county, all streets, watercourses, parks and playgrounds, public buildings, public school sites, or other public facilities which have been approved under subdivision regulations as provided in this chapter, shall be posted to the official map; no public hearing need be held for such additions to the official map.

CHAPTER 104. FLOOD CONTROL AND WATER USAGEDISTRICTS TO MAINTAIN AND OPERATE FLOOD CONTROL WORKS

104.610 Officers and employees of board; seal; records; expenses; rules and regulations; civil liabilities; audits

(1) The board of directors shall, upon taking oath, elect one (1) of their members as president of the board, and shall select some suitable person as secretary, who need not be a member of the board. The secretary shall serve as treasurer of the district, or the board may select a treasurer. The selection of the secretary and treasurer shall be evidenced on the minutes of the board, with their compensation. He or they shall serve at the pleasure of the board.(2) The board shall adopt a seal, and shall keep in a well-bound book a record of all proceedings, minutes of meetings, certificates, contracts, bonds given by employees, and all corporate acts, which shall be open to the inspection of any owner of property in the district as well as all other interested persons.(3) The board of directors shall be the governing body of the flood control district, and shall exercise all the powers and manage and control all of the affairs and property of the district.(4) No compensation shall be paid to directors, but each director shall be reimbursed for expenses incurred in attending meetings or for expenses incurred in other activities authorized by the board of directors as necessary for carrying out the purposes of the flood control district.(5) The board of directors may adopt all necessary rules and regulations for the proper management and conduct of the business of the board and of the corporation, and for carrying into effect the other objects for which the district was formed. The board of directors may also make and enforce rules and regulations pertaining to the use by persons of land or properties connected with or a part of the flood control works. All such rules and regulations

shall become effective on the date when a notice of their adoption is published pursuant to KRS Chapter 424; such notice shall not contain the rules and regulations in full but shall only summarize their contents and shall state where any interested person may examine the full texts of such rules and regulations.(6) The board of directors may recover by civil action from any person or public corporation violating such rules and regulations a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), together with costs. The board may enforce by mandamus or otherwise all necessary and authorized rules and regulations made by it, and may take summary action to remove any improper construction or to terminate any unauthorized practices in connection with flood control works. Any person or public corporation willfully failing to comply with rules and regulations of the board shall be liable for damages caused by such failure and for the cost of renewing or replacing any part of the flood control works damaged or destroyed.(7) The board of directors shall have an annual audit made by a certified public accountant, copies of which shall be filed with the Secretary of State and with the county judge/executive of the county or counties in which the flood control district is located.

104.650 Contracts for work, materials or supplies

All contracts for work, materials or supplies that may exceed one thousand dollars ($1,000) shall be advertised for bids by publication pursuant to KRS Chapter 424. The contract shall be let to the lowest and best bidder who shall give bonds with approved and ample surety for the faithful performance of the contract. The contract shall be in writing, in duplicate, and shall be accompanied by or refer to plans and specifications for the work to be done, prepared by the chief engineer. The plans and specifications shall be made and considered a part of the contract. The contract shall be adopted by the board and signed by its president and by the contractor, and shall become a part of the records of the district.

CHAPTER 106. ACQUISITION OF WATERWORKS BY CITIES AND WATER DISTRICTS

106.200 Procedure for sale, conveyance, rental, or lease of city-owned waterworks system

No city of the second, third, fourth, fifth or sixth class which owns a waterworks system shall sell, convey, rent, or lease the system without the assent of a majority of the legislative body for the city or of those voting at an election held for that purpose after notice of the election has been published pursuant to KRS Chapter 424. This section shall not apply to the issuance of revenue bonds provided for under the provisions of this chapter.

106.260 Form of bonds; improvement or refunding bonds; negotiability; procedure for sale

(1) Bonds issued pursuant to this chapter by water district commissioners and by a legislative body of a municipality may be issued in one (1) or more series, may bear a date or dates, may mature at a time or times, not exceeding forty (40) years from their respective dates, may be in a denomination or denominations, may be in a form, either coupon or registered, may carry registration and conversion privileges, may be executed in a manner, may be payable in a medium of payment, at a place or places, may be sold or hypothecated in blocks, and may be subject to the terms of repurchase or redemption of all or any of the bonds before maturity in a manner, and at a price or prices as may be fixed by the board prior to the sale of the bonds.(2) The board at any time may issue and sell revenue bonds to finance improvement or issue and sell refunding bonds for the purpose of providing funds for the payment of any outstanding bonds issued in accordance with the provisions of this chapter. The new bonds shall be issued, sold, and secured in accordance with the provisions of this chapter for the issuance of the original revenue bonds.(3) All revenue bonds issued pursuant to the provisions of this chapter in the hands of bona fide holders, shall have all the qualities and incidents of negotiable instruments under the law merchant. All bonds shall be sold to the highest responsible bidder at a time and place as shall have been fixed by the board in the notice of the sale of the bonds, which notice shall have been advertised by publication pursuant to KRS Chapter 424. The board shall receive written, sealed competitive bids, which shall be publicly opened and read at the time and place specified in the notice of sale. The board may reject all bids and readvertise.

CHAPTER 107. MUNICIPAL IMPROVEMENTS; ALTERNATE METHODS

107.030 Procedure for use of alternate method

If a municipality desires to authorize, construct, and finance an improvement pursuant to this chapter, its governing body shall initiate the proceedings by adopting an ordinance, herein called the "First Ordinance," in which announcement shall be made of the public way or ways (which need not be contiguous) proposed to be improved and the geographical limits of the proposed improvement in such manner as to identify the benefited properties or the identity of the property or properties to be benefited by the fire hydrant in cities of the third through sixth classes or by the sewer installations (which may include a sewage treatment plant) which properties may be identified by naming the public way or ways upon which they abut, if any, or by geographical location, or both. In either case the ordinance shall recite the nature and scope of the improvement, a preliminary estimate of the costs

thereof, as submitted in writing by an engineer, or firm of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if any, which the city proposes to appropriate from available city funds toward the estimated cost. Any metropolitan sewer district desiring to initiate a wastewater collection project pursuant to this chapter shall, by order of its board cause a written preliminary engineering and financing report to be prepared by one (1) or more engineers, or one (1) or more firms of engineers, licensed to do business in the Commonwealth of Kentucky, or alternatively, by district personnel, for submission to the district. The preliminary engineering and financing report shall designate a geographical area in which a wastewater collection project is recommended for construction. The report shall contain a reasonable description of the project facilities proposed to be constructed, a statement as to benefits to be conferred by the proposed project, the distribution of the benefits and an estimate of the cost of the proposed project. The board of the district shall receive the preliminary engineering and financing report at a regular meeting. The board shall study and evaluate it, and by duly entered order either approve, disapprove the report as submitted, or amend and approve the report. Following approval of the preliminary engineering and financing report by the board of the metropolitan sewer district, the board shall formally initiate proceedings for the construction and financing of the proposed wastewater collection project. This announcement shall identify all benefited properties by naming the public way upon which such benefited properties abut, if any, or by geographical location, or by other appropriate description. The first ordinance shall describe the nature, scope and preliminary cost estimate of the wastewater collection project being proposed. The ordinance shall determine that each parcel of land identified as benefited property shall be afforded benefits by the projects unless specifically excluded. A public hearing shall be held in respect of the proposed wastewater collection project. In all succeeding proceedings, the city shall be bound and limited by the preliminary report of the engineer, or engineers, with regard to the nature, scope, and extent of the proposed improvement project (unless the first ordinance be amended, as hereinafter provided); but shall not be bound by, or limited to, the preliminary estimate of costs. The costs shall be determined upon the basis of construction bids publicly solicited as hereinafter provided, and shall be binding upon the city, and upon the owners of property to be benefited by the proposed improvement project, whether the same turn out to be equal to, below, or above such preliminary estimate. Architects, attorneys, consultants, engineers, and fiscal agents shall be employed after reasonable advertisement of the need for their services and with such competition as is permitted by law. In a first ordinance for a wastewater collection project, the board of a metropolitan sewer district shall make findings of fact regarding the degree and nature of the benefit which will accrue to benefited properties by the installation of the project. If the board determines as a fact that groups of or all of the benefited properties will be affected and benefited in substantially the same manner and to substantially the same degree, the board may classify such benefited properties into one (1) or more assessment zones based upon the similarity of benefits to be derived. In such case, the board may deem all benefited properties within a particular assessment zone to be equally benefited and therefore equally treated for purposes of levying improvement benefit assessments for amortization of bonds issued to provide funds to pay the costs of the project. It is the intent of KRS Chapters 76 and 107 to vest in the board of any metropolitan sewer district undertaking a project authority to make findings of fact in order to classify properties according to benefits conferred from the construction of projects. The board may, by appropriate order, determine that identified groups of benefited properties will be benefited in substantially the same manner by a project and these properties shall be treated equally for purposes of annual improvement benefit assessment of such benefited properties. The board may rely upon any pertinent data in making such findings of fact, including the size and diameter of sanitary sewer service connections to be made available. If the board of the district determines that all properties situated within a particularly described geographic area will not receive substantially equal benefits from the project, the board shall determine in the first ordinance that such properties shall be annually assessed for benefits conferred based upon the relative assessed land valuation of each benefited property as it relates to the aggregated assessed land valuation of all benefited properties within such particularly described geographic area. Whichever basis of assessment is selected, it shall be used both initially, when land owners may pay improvement benefit assessments in a lump sum, and subsequently during each annual period in which project bonds are outstanding if a lump sum payment is not paid. The first ordinance shall provide for a public hearing at a time and place specified therein (not less than one (1) week after publication) and shall give notice that at the hearing any owner of property to be benefited may appear and be heard as to:(1) Whether the proposed project should be undertaken or abandoned;(2) Whether the nature and scope of the project shall be altered;(3) Whether the project shall be financed through the issuance of bonds according to the "assessed value basis," authorized by this chapter; or(4) Whether the project shall be financed through assessments made and apportioned on a front-foot basis, as may otherwise be authorized by law. The first ordinance shall be published pursuant to KRS Chapter 424. The first ordinance may designate a person, who may be the mayor, a member of the governing body, or any city official, to preside at and conduct such public hearing. In the absence of a designation in the ordinance, the mayor or a person designated by the mayor shall preside. Notwithstanding the foregoing, the public hearing shall not be deemed irregular or improper if it is in fact presided over and conducted at the designated time and place by any elected city officer or member of the governing body.

Properties within a particular assessment zone to be equally benefited and therefore equally treated for purposes of levying improvement benefit assessments for amortization of bonds issued to provide funds to pay the costs of the project. It is the intent of KRS Chapters 76 and 107 to vest in the board of any metropolitan sewer district undertaking a project authority to make findings of fact in order to classify properties according to benefits conferred from the construction of projects. The board may, by appropriate order, determine that identified groups of benefited properties will be benefited in substantially the same manner by a project and these properties shall be treated equally for purposes of annual improvement benefit assessment of such benefited properties. The board

may rely upon any pertinent data in making such findings of fact, including the size and diameter of sanitary sewer service connections to be made available. If the board of the district determines that all properties situated within a particularly described geographic area will not receive substantially equal benefits from the project, the board shall determine in the first ordinance that such properties shall be annually assessed for benefits conferred based upon the relative assessed land valuation of each benefited property as it relates to the aggregated assessed land valuation of all benefited properties within such particularly described geographic area. Whichever basis of assessment is selected, it shall be used both initially, when land owners may pay improvement benefit assessments in a lump sum, and subsequently during each annual period in which project bonds are outstanding if a lump sum payment is not paid. The first ordinance shall provide for a public hearing at a time and place specified therein (not less than one (1) week after publication) and shall give notice that at the hearing any owner of property to be benefited may appear and be heard as to:(1) Whether the proposed project should be undertaken or abandoned;(2) Whether the nature and scope of the project shall be altered;(3) Whether the project shall be financed through the issuance of bonds according to the "assessed value basis," authorized by this chapter; or(4) Whether the project shall be financed through assessments made and apportioned on a front-foot basis, as may otherwise be authorized by law. The first ordinance shall be published pursuant to KRS Chapter 424. The first ordinance may designate a person, who may be the mayor, a member of the governing body, or any city official, to preside at and conduct such public hearing. In the absence of a designation in the ordinance, the mayor or a person designated by the mayor shall preside. Notwithstanding the foregoing, the public hearing shall not be deemed irregular or improper if it is in fact presided over and conducted at the designated time and place by any elected city officer or member of the governing body.

107.080 Construction contracts; bids; performance bond; wastewater collection project assessments; bonds

(1) Proposals for the construction of the project shall be solicited upon the basis of the submission of sealed competitive bids after advertisement, by publication pursuant to KRS Chapter 424. Upon or after the acceptance by the governing body of a bid, or combination of bids, the governing body may determine the principal amount of bonds to be issued for the proposed project, taking into account the amount of the accepted bid or bids, and all other costs of the project, as herein defined. Each contract shall be supported by a performance bond for the full amount thereof, with good surety to be approved by the governing body. In the construction of a wastewater collection project by a metropolitan sewer district, if the provisions of KRS 107.070 are met, proposals for the construction of the project shall be solicited upon the basis of submission of sealed, competitive bids after advertisement by publication pursuant to KRS Chapter 424. The district may authorize assessment levies, lump-sum payments and issuance of bonds for a project based upon estimates of construction costs or based upon partial bidding, if a determination is made that the entire project may not be feasibly bid for construction prior to authorization and issuance of bonds. Notwithstanding the foregoing, the project shall be constructed only upon or after the acceptance by the board of a competitive bid or a combination of competitive bids for construction of the project. Each contract for construction shall be supported by a performance bond for the full amount with good corporate surety to be approved by the board of the district.(2) After all costs of a wastewater collection project undertaken by a metropolitan sewer district have been determined in accordance with this section the costs shall be apportioned among the owners of benefited property by the method of assessment previously determined in the first ordinance and the second ordinance. However, in determining the apportionment of individual costs for purposes of allowing the owners of benefited property the privilege of paying such assessment levied in full on a lump-sum basis, the district shall exclude amounts required for the creation of the debt service reserve fund, capitalized interest cost, and any bond discount which the district may allow in connection with the sale of bonds to provide funds for the cost of construction not paid initially by the owners of benefited properties on a lump-sum basis. In calculating the assessment amount to be paid by a property owner on a lump-sum basis, the district shall take into account the amount of interest the lump-sum payment may accrue in the trust account required by subsection (4) of this section between the time of the owner's payment and the time the construction of the collector portion of the project is completed and ready for use by the assessed property and shall reduce the amount of the lump-sum payment accordingly.(3) The owners of benefited property in wastewater collection projects undertaken by a metropolitan sewer district shall be notified in writing of the exact amount levied by the district against their individual properties. Owners may pay the amount levied in full within ninety (90) days. Owners shall be notified that if the costs of construction of the original project exceed assessments financed by both lump-sum payments and bond proceeds, additional assessments of costs will be made and that all owners who paid the initial improvement benefit assessment on a lump-sum basis must likewise pay any additional assessment on such basis. The statement shall also advise the owners that if the owners do not elect to pay the special improvement benefit assessment in full within the period of ninety (90) days from receipt, the district shall issue bonds pursuant to KRS Chapters 76 and 107 for the purpose of providing the costs of construction of the project, including the debt service reserve fund, if paid from bond proceeds, capitalized interest costs, any bond discount, together with all other costs, as such term is defined in KRS Chapters 76 and 107. The owners of benefited property shall also be advised that such bonds and their interest shall be amortized by annual improvement benefit assessment levied against all benefited properties, for which lump-sum payments have not been paid, in accordance with the method of apportionment provided by the first ordinance and the second ordinance.(4) At the conclusion of the ninety (90) days permissive lump-sum payment period, the district board in wastewater collection projects shall determine the aggregate principal amount of assessments paid in full by owners of

benefited properties and shall deposit these moneys in a trust account to be used solely to pay the costs of construction of the project. These moneys shall not be disbursed until bond proceeds are available. The district board shall aggregate all unpaid improvement benefit assessments for the purposes of determining the principal amount of bonds to be issued by such district to provide the remaining costs of the project. The district board also: (a) shall compute the debt service reserve fund in respect of such bonds, if such fund is to be capitalized from bond proceeds; (b) shall determine the bond discount and capitalized interest which shall be applicable to the issue of bonds; and (c) shall proceed to complete the financing of the costs of construction of the project through the adoption of the third ordinance as provided in KRS 107.090 and the sale of bonds authorized pursuant thereto. If, by reason of miscalculation or unforeseen events, the proceeds of the bonds authorized plus lump-sum payments previously collected should prove to be insufficient to provide for the completion of the project and full payment of all costs, the district shall be required to levy pro rata an additional assessment on owners of all benefited properties. The district shall collect sufficient additional lump-sum payments and shall issue and sell sufficient additional bonds to make up the deficiency. Any such additional bonds shall rank on a parity as to security and source of payment with the bonds originally authorized.

107.100 Sale of bonds authorized by KRS 107.090; sealed bids; advertisement

After the third ordinance has been adopted (and without regard for its date of publication), the city may solicit the submission of bids or proposals for the purchasing of the bonds authorized by the third ordinance, the same to be received upon a sealed competitive basis after advertisement by publication pursuant to KRS Chapter 424. Such bids or proposals may be solicited on the basis of competition as to price and/or interest coupon rates, as may be specified in the published notice, and bids offering less than the par or face value of the bonds may be considered and accepted if so stated in the published notice of the sale. If no bids are received upon terms acceptable to the governing body and conforming to the published notice, bids may again be solicited by similar published notice, until a purchase bid is received upon terms acceptable to the governing body, but the bonds, or a portion thereof, may be awarded to a contractor, or contractors, as provided in KRS 107.200.

CHAPTER 109. LOCAL SOLID WASTE MANAGEMENT 109.270 Establishment of district by citizen petition and election; election on plan; dissolution or modification of districts

(1) When the citizens of a county desire to have such county establish a solid waste management plan and as of January 1, 1984, the fiscal court has failed to establish a plan, a number of citizens equivalent to ten percent (10%) of the votes cast in the county for the office receiving the greatest total vote at the last general election, shall file a petition in the county of their residence asking that a solid waste management plan be established.(2) The petition shall be filed with the county judge/executive asking that the proposition of establishing a solid waste management plan for the county be submitted to the voters of the county at the next general election held in the county. Each voter signing the petition shall state his full name and address. Upon the filing of the petition with the county judge/executive he shall enter an order directing that the petition be published in full pursuant to KRS Chapter 424, and shall further enter an order with the county clerk not later than the second Tuesday in August preceding the general election to have placed before the voters at such election the question, "Are you in favor of having the county establish a solid waste management plan?" with proper spaces in which the voter may indicate a "Yes" or a "No" vote. If the majority of those voting on the proposition vote "Yes," a solid waste management plan shall be developed. The vote shall be canvassed and returned by the board of election commissioners for the general election.(3) The result of any election with respect to establishing a solid waste management plan shall be certified to the fiscal court of the county, and the fiscal court shall, if the result of the election is certified as in favor of the establishment of the plan, proceed to develop a solid waste management plan for the county.(4) At the next general election held in the county following the vote of the people in favor of the establishment of a solid waste management plan, the county shall submit to the voters of the county the details of said plan, including the area to be served, the debt to be incurred, any fees or assessments to be levied or other financing proposals. At least thirty (30) days prior to said election the county judge/executive shall enter an order directing that the details of the solid waste management plan be published pursuant to KRS Chapter 424, and shall further enter an order not later than the second Tuesday in August preceding the general election directing the county clerk to have placed before the voters at such election the question, "Are you in favor of the implementation of the solid waste management plan proposed by the county?" with proper spaces in which the voter may indicate a "Yes" or a "No" vote. If the majority of those voting on the proposition vote "Yes," the solid waste management plan shall be implemented. The vote shall be canvassed and returned by the board of election commissioners for the general election.(5) The result of any election with respect to a solid waste management plan shall be certified to the fiscal court of the county, and the fiscal court shall, if the result of the election is certified as in favor of the plan, forthwith proceed to put the plan into effect. If the result of the election is against the implementation of that solid waste management plan, the county shall proceed to develop another plan to be submitted to the voters of the county at the next general election, following the procedure set forth in subsection (4) of this section.(6) The result of any election with respect to establishing a waste management district shall be certified to the fiscal court of the counties composing the district to be established, and the fiscal court shall, if the result of the

election is certified as in favor of the establishment of the district, forthwith proceed to declare the county or counties a district for the purposes of waste management, and shall proceed to put the district into effect in the same manner as they are authorized to do upon their own initiative.(7) Waste management districts created under this section may be dissolved or modified pursuant to the provisions of KRS 65.166 to 65.176.

CHAPTER 116. VOTER REGISTRATION

116.045 Voter registration, transfer, or change of party affiliation; availability of forms

(1) Any person may register as a voter during the period registration is open if he or she possesses, or will possess on the day of the next regular election, the qualifications set forth in KRS 116.025.(2) The county clerk shall cause all registration to be closed the fourth Tuesday preceding through the first Monday following any primary or general election, and the twenty-eight (28) days prior to and seven (7) days following any special election. If the last day of registration falls on a state or federal holiday, the period runs until the end of the next day which is not a Saturday or Sunday nor a state or federal holiday. During the period that registration is closed, the county clerk may accept and process registrations. Any voter who registers during the period that registration is closed, except for any registered voter who transfers his or her registration pursuant to KRS 116.085(2) or (3), shall not be permitted to vote in the upcoming election.(3) In all counties, the county clerk shall receive registrations, transfers, or changes of party affiliation at branch offices at any place in the county during those periods that the registration books are open except for those transfers pursuant to KRS 116.085(2) or 116.085(3). However, notice in the manner provided by KRS Chapter 424 shall be given at least three (3), but not more than fourteen (14), days in advance of the time and place of any branch registration, and ten (10) days' written notice shall be given to the county executive committee of each major political party in the county in which the branch registration is to be held.(4) Any person may register to vote or may change his or her party affiliation in any of the following ways:(a) In person;(b) By mail;(c) By means of the federal post card application, if the person is a resident of Kentucky and a member of the Armed Forces, or a dependent of members of the Armed Forces, or overseas citizen;(d) By mail-in application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993; or(e) By other methods of registration, or reregistration, approved by the State Board of Elections, including the use of voluntary interested groups and political parties, under the proper supervision and directions of the county clerk, which may include door to door canvassing.(5) Upon receipt of the form prescribed by the State Board of Elections or the Federal Election Commission pursuant to the National Voter Registration Act of 1993, properly filled out and signed by the applicant, the county clerk shall register the applicant.(6) Any individual or group shall have access to a reasonable number of voter registration forms including the mail-in application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993 in the county clerk's office. The individual or group shall act under the proper supervision and directions of the county clerk and shall return these completed forms to the county clerk for official registration by the county clerk.(7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver's license agencies to comply with the provisions of the National Voter Registration Act of 1993. The Secretary of State shall provide assistance and interpretation to the Transportation Cabinet in determining the requirements of the National Voter Registration Act of 1993.(8) The county clerk shall enter the specific party identification of the voter with a political party, political organization, or political group as defined in KRS 118.015, or independent status, as indicated by the voter on the voter registration form, into the statewide voter registration system. The State Board of Elections shall promulgate regulations under KRS Chapter 13A to provide for tracking of the registration of voters identifying with political organizations and political groups as defined in KRS 118.015, and voters of independent status.

CHAPTER 117. REGULATION OF ELECTIONSBOARDS OF ELECTIONS

117.055 Division of county into precincts; maps; failure of board to perform duty; coordination of precinct boundary changes with other boundaries

Subject to KRS 117.0551 to 117.0555:(1) Each county shall be divided into election precincts by the county board of elections. Each election precinct shall be composed of contiguous and, as nearly as practicable, compact areas having clearly definable boundaries and wholly contained within any larger district. The county board of elections shall establish precincts so that no boundary of a precinct crosses the boundary of:(a) The Commonwealth;

(b) A county or urban-county;(c) A congressional district;(d) A state senatorial district;(e) A state representative district;(f) A justice of the peace or county commissioner's district established under KRS Chapter 67; or(g) An aldermanic ward established under KRS 83.440.(2) The county board of elections shall have the authority to draw precinct lines so as to enable more than one (1) precinct to vote at one (1) location. The county board of elections shall review election precinct boundaries as often as necessary. Without exception, they shall review the boundaries of all election precincts exceeding seven hundred (700) votes cast in the last regular election prior to each primary election, and the State Board of Elections may require a written report at least sixty (60) days prior to the candidate filing deadline set forth in KRS 118.165(1) on each election precinct exceeding seven hundred (700) votes cast in the last regular election. Consideration to the division of said election precincts should be based on the anticipated growth factor within the specified boundaries; however, the county board of elections shall not be prohibited from dividing election precincts in excess of seven hundred (700) votes cast in the last regular election or less than seven hundred (700) votes cast in the last regular election if they elect to do so. However, the State Board of Elections may, in its discretion, withhold from a county the expenses of an election under KRS 117.345 for any precinct containing more than one thousand five hundred (1,500) registered voters, excluding those precincts utilizing optical scan voting machines and those periods of time in which the precinct boundaries have been frozen under KRS 117.056.(3) No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any primary election to comply with the provisions of KRS 117.055 to 117.0555 and KRS 117.0557 later than the last date prescribed by election law generally for filing notification and declaration forms with the county clerk or Secretary of State. No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any general election to comply with the provisions of KRS 117.055 to 117.0555 and KRS 117.0557 later than the last date prescribed by election law generally for filing certificates or petitions of nomination with the county clerk or Secretary of State.(4) The county board of elections shall designate the name or number and the boundaries of the election precincts. Each precinct shall contain, as nearly as practicable, an equal number of voters, based on the number of registered voters in the county.(5) A map and listing of the exact election precinct boundaries shall be filed by the county board of elections with the State Board of Elections, and any changes in boundaries thereafter made shall also be filed with the State Board of Elections. A copy of this map indicating all precinct boundaries within the county shall be included in the election supplies of each precinct.(6) If the county board of elections fails to perform any of the duties required by KRS 117.055 to 117.0555 and KRS 117.0557:(a) The State Board of Elections or any citizen and voter of the county may apply to the Circuit Court of the county for a summary mandatory order requiring the board to perform the duty. Appeals may be taken to the Court of Appeals by either party; and(b) The State Board of Elections shall not submit claims for payments to the county under KRS 117.343 and 117.345 until the State Board of Elections determines in writing that the duty has been performed.(7) The county board of elections shall coordinate all precinct boundary changes with the affected school board, magisterial, and municipal boundaries.

117.065 Establishing voting places for precincts; change; expense; authority to designate as voting places buildings constructed with tax revenues; voter accessibility; immediate telephone accessibility

(1) The county board of elections shall, not later than September 20 of each year, establish the voting place for each precinct. If a change becomes necessary after that date, notice of change shall be published pursuant to KRS Chapter 424. If a change becomes necessary on election day, notice shall be posted at the former voting place. The expense of renting voting places, for which rent of not less than twenty dollars ($20) shall be paid, shall be paid in the same manner as other election expenses.(2) The county board of elections shall have the authority to designate as voting places, without cost to the board, buildings constructed in whole or in part with tax revenues.(3) The county board of elections shall designate as voting places only those places which are accessible to all eligible voters, including those with physical limitations and the elderly.(4) The county board of elections shall ensure that each precinct polling place in the county has immediate access to a telephone within the polling place on the day of any election.

117.086 Marking of absentee ballot; deposit of returned ballots; record

(1) The voter returning his absentee ballot by mail shall mark his ballot, seal it in the inner envelope and then in the outer envelope, and mail it to the county clerk as shall be provided by this chapter. The voter shall sign the detachable flap and the outer envelope in order to validate the ballot. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form as required by KRS 117.255. The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter's signature. A resident of Kentucky who is a member of the Armed Forces, a dependent of a member of the Armed Forces, or a citizen residing overseas who has received an absentee ballot

transmitted by facsimile machine shall transmit the voted ballot to the county clerk by mail only, conforming with ballot security requirements that may be promulgated by the state board by administrative regulation. In order to be counted, the ballots shall be received by the clerk by at least the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time.(2) Any voter who shall be absent from the county on election day, but who does not qualify to receive an absentee ballot by mail under the provisions of KRS 117.085, and all voters qualified to vote prior to the election under the provisions of KRS 117.085, shall vote at the main office of the county clerk or other place designated by the county board of elections, and approved by the State Board of Elections, prior to the day of election. The clerk may provide for such voting by the voting equipment in general use in the county either at the precinct, the equipment as may be used to tabulate absentee ballots, or any other voting equipment approved by the State Board of Elections for use in Kentucky, except as follows:(a) Any voter qualifying to vote in the clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, who receives assistance to vote shall complete the voter assistance form required by KRS 117.255.(b) Any voter qualifying to vote in the clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, whose qualifications are challenged by any clerk or deputy shall complete an "Oath of Voter" affidavit.(3) When the clerk uses general voting equipment as provided for in subsection (2) of this section, each voter casting his vote at the clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, shall sign an "Absentee Ballot Signature Roster."(4) The clerk shall designate a location within his office where the ballots shall be cast secretly. The county clerk, with the approval of the State Board of Elections, may establish locations other than his main office in which the voters may execute their ballots. Public notice of the locations shall be given pursuant to KRS Chapter 424 and similar notice by mail shall be given to the county chairmen of the two (2) political parties whose candidates polled the largest number of votes in the county at the last general election.(5) The State Board of Elections shall promulgate administrative regulations to provide for casting ballots as provided in subsection (2) of this section.(6) The clerk shall deposit all of the absentee ballots returned by mail in a locked ballot box immediately upon receipt without opening the outer envelope. The ballot box shall be locked with three (3) locks. The keys to the box shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the box shall remain locked until the ballots are counted. All voting equipment on which ballots are cast as permitted in subsection (2) of this section shall also remain locked and the keys shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the equipment shall remain locked until the ballots are counted.(7) The clerk shall keep a list of all persons who return their absentee ballots by mail or cast their ballots in the clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, and send a copy of that list to the state board after election day. The county clerk and the Secretary of State shall keep a record of the number of votes cast by absentee ballots returned by mail and on the voting machine in the county clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, cast in any election as a part of the official returns of the election.(8) The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or general election as to the number of rejected absentee ballots and the reasons for rejected absentee ballots on a form prescribed by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A.

CHAPTER 118. CONDUCT OF ELECTIONSREGULAR ELECTIONS

118.415 Constitutional amendments

(1) The General Assembly may state the substance of the amendment proposed to the Constitution of Kentucky in the form of a question in a manner calculated to inform the electorate of the substance of the amendment. When an amendment to the Constitution has been proposed by the General Assembly, the Secretary of State shall cause the question calculated to inform the electorate of the substance of the amendment which is prepared by the General Assembly or the Attorney General to be published at least one (1) time in a newspaper of general circulation published in this state, and shall also cause to be published at the same time and in the same manner the fact that the amendment will be submitted to the voters for their acceptance or rejection at the next regular election at which members of the General Assembly are to be voted for. The publication shall be made not later than the first Tuesday in August preceding the election at which the amendment is to be voted on.(2) The Attorney General shall, if the General Assembly has not already done so, state the substance of an amendment to the Constitution of Kentucky which has been proposed by the General Assembly in the form of a question in a manner calculated to inform the electorate of the substance of the amendment, and, not later than fourteen (14) days preceding the first Tuesday in August preceding the next regular election at which members of the General Assembly are to be chosen, shall certify the question to the Secretary of State to be placed on the voting machine.(3) The Secretary of State, not later than the second Monday after the second Tuesday in August preceding the next regular election at which members of the General Assembly are to be chosen in a year in which there is not an

election for President and Vice President of the United States, or not later than the Thursday after the first Tuesday in September preceding a regular election in a year in which there is an election for President and Vice President of the United States, shall certify the substance of the amendment, as stated and certified by the General Assembly or by the Attorney General, to the county clerk of each county, and the county clerk shall have the substance of the amendment, as so certified, indicated on the voting machines.(4) The votes cast for and against the amendment shall be counted, canvassed, and certified to the Secretary of State in the same manner as the votes cast for any officer elective by the votes of the whole state. If a majority of the votes cast on the question are for the amendment, it shall become a part of the Constitution.(5) The expenses of the publications provided for in this section shall be paid as are the expenses of other publications that the Secretary of State is required to make in connection with elections.

118.425 Issuance of certificates of election; tie votes

(1) The State Board of Elections shall issue certificates of election where the successful candidate was voted for by the state at large, was voted for by a district greater than one (1) county, or was a candidate for member of Congress or the General Assembly.(2) The county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of one (1) county, or of a district less than one (1) county, except members of Congress, members of the General Assembly, and designated officers filing with the State Board of Elections. The county board of elections of the candidate's residence shall issue certificates of election where the successful candidate was voted for by the electors of a city whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.(3) In the case of all offices voted for, and in the case of public questions submitted to the vote of the people of the state at large or of a district greater than one (1) county, the county board of elections shall make out duplicate certificates of the total number of votes received by each of the candidates for the office and the total number of votes for and against each of the questions. The clerk shall keep one (1) of the certificates in his office. He shall not later than three (3) days after receiving the certificate from the board, forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections.(4) The State Board of Elections shall meet, to count and tabulate the votes received by the different candidates as certified to the Secretary of State, when the returns are all in, or on the third Monday after the election whether they are in or not, but if all the returns are not made, the right to contest an election shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall make out the certificates of election in the office of the board from the returns made. The board shall make out duplicate certificates of election, in writing, over the signatures of its members. The board shall forward the original certificate, by mail, to the elected candidate. The duplicate shall be retained in the office of the board. In the case of the election of a representative in Congress, an additional certificate shall be made and sent, by mail, to the clerk of the House of Representatives.(5) The certificate of election shall be issued to the candidate receiving the highest number of votes in the territory from which the election is to be made. If two (2) or more persons are found to have received the highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. In the case of elections for electors of President and Vice President of the United States, the board shall issue a certificate of election to each elector of the political party or organization whose candidates for President and Vice President received the highest number of votes and the determination by the board that the candidates of any political party or organization for President and Vice President have received the highest number of votes shall constitute a determination that the electors nominated by that party have been elected.

118.710 Proclamation for special election of Governor

Except as provided in KRS 120.205, when a vacancy happens in the office of Governor, requiring an election, a proclamation therefor shall be issued by the Chief Justice of the Supreme Court, or if he is absent from the state or unable to act, by one (1) of the associate justices, and shall be directed to the sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750.

118.720 Proclamation for special election for Congressional representative

When an election is to be held to fill a vacancy in the office of representative in Congress, a proclamation therefor, in lieu of a writ of election, shall be issued and signed by the Governor and shall be directed to the proper sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750.

118.750 Publication of proclamations and writs by sheriffs

Immediately on receipt of a proclamation or writ of election, or other sufficient information thereof, the sheriff shall give notice thereof by publication pursuant to KRS Chapter 424 and by handbills posted at the courthouse door and at the several places of voting.

CHAPTER 120. ELECTION CONTESTSPUBLIC QUESTIONS AND CONSTITUTIONAL MATTERS

120.280 Contest on constitutional convention or amendment, or statewide public question

(1) Any elector who was qualified to and did vote on any constitutional convention, constitutional amendment, or statewide public question submitted to the voters of the state for their ratification or rejection may contest the election or demand a recount of the ballots by filing a petition, not more than fifteen (15) days after the official canvass and the announcement of the vote for the state by the State Board of Elections, with the clerk of the Franklin Circuit Court, which court shall have exclusive jurisdiction to hear and determine all matters in such cases. The petition shall set forth the grounds of the contest. The contestant may file with the clerk of the Franklin Circuit Court and the Secretary of State a notice of his intention to contest the election before the announcement of the official count by the State Board of Elections and thereupon the Secretary of State shall forthwith notify all the county boards of elections in the counties involved in the contest to hold the ballots cast at the election on the question subject to the order of the Franklin Circuit Court. The notice shall be served by the Secretary of State by mailing a true and certified copy of the notice of contest, and the order to hold the ballots subject to the order of the court, by certified mail, return receipt requested, to the sheriffs of the counties in question, and the sheriffs shall forthwith acknowledge receipt thereof.(2) The court shall, within five (5) days after the filing of the petition of contest, determine whether there are sufficient grounds stated to justify the contest, and shall thereupon require the contestants to give bonds for costs. All of the hearings relating to the contest shall be held in the courthouse of Franklin County.(3) The clerk of the Franklin Circuit Court shall cause a notice of the contest to be published pursuant to KRS Chapter 424, setting out the substance or the grounds of contest alleged by the contestants.(4) Any elector who participated in the election on the convention, amendment, or statewide public question may make himself a party as contestee in the action by filing his petition to be made a party not later than five (5) days after the contest is instituted, and by giving bond of the costs as required of the contestant. If no elector makes himself a party to the contest, the Commonwealth's attorney for the Franklin Circuit Court shall attend the trial of the cause, and he may file motions and pleadings in the cause on behalf of the Commonwealth to insure a fair and honest determination of the contest.(5) All laws relating to contested elections for state offices shall apply with equal force to contests of the character contemplated by this section, except as otherwise provided in this section and in KRS 120.290.

CHAPTER 131. DEPARTMENT OF REVENUEPROCEDURE WHEN TAX NOT PAID

131.500 Demand for payment; levy upon and sale of property of taxpayer to satisfy demand; maintenance of property

(1) In addition to any other remedy provided by the laws of the Commonwealth, if any person has been assessed for a tax the collection of which is administered by the Department of Revenue as provided by the laws of the Commonwealth and if the person has not sought administrative or judicial review of the assessment as provided for in KRS 131.110, or if the person has sought but exhausted all administrative and judicial review so that the assessment is final, due, and owing, the commissioner of revenue or his delegate may cause a demand to be made on the person for the payment thereof. If the tax remains unpaid for thirty (30) days after the demand, the commissioner or his delegate may levy upon and sell all property and rights to property found within the Commonwealth belonging to the person or on which there is a lien provided by KRS 134.420, except the property that is exempt from an execution on a judgment in favor of the Commonwealth as provided in KRS Chapter 427, for the payment of the amount of the tax, penalty, interest, and cost of the levy.(2) As soon as practicable after seizure of property, notice in writing shall be given by the commissioner or his delegate to the owner of the property. The notice shall be given to the owner either in person or by certified mail to his last known address. The notice shall specify the sum demanded and shall contain, in the case of personal property, an account of the property seized and, in the case of real property, a description with reasonable certainty of the property seized.(3) The commissioner or his delegate shall as soon as practicable after the seizure of the property cause a notification of the sale of the seized property to be published in the newspaper with the largest circulation within the county wherein such seizure is made. The notice shall be published once each week for three (3) successive weeks. In addition, the notice shall be posted at the courthouse and three (3) other public places in the county where the seizure is made for fifteen (15) days next preceding sale. The notice shall specify the property to be sold, and the time, place, manner, and condition of the sale thereof.(4) If any property liable to levy is not divisible, so as to enable the commissioner or his delegate by sale of a part thereof to raise the whole amount of the tax, penalty, interest, and cost of the levy, the whole of the property shall be sold.(5) The time of sale shall not be less than thirty (30) nor more than ninety (90) days from the time the seizure is made. The place of sale shall be within the county in which the property is seized, except by special order of the

commissioner.(6) The sale shall not be conducted in any manner other than by public auction, or by public sale under sealed bids. In the case of the seizure of several items of property, the commissioner or his delegate may offer the items for sale separately, in groups, or in the aggregate and accept whichever method produces the highest aggregate amount.(7) The commissioner or his delegate shall determine whether payment in full shall be required at the time of acceptance of a bid, or whether a part of the payment may be deferred for such period, not to exceed one (1) month, as he may determine to be appropriate. If payment in full is required at the time of acceptance of a bid and is not then and there paid, the commissioner or his delegate shall forthwith proceed to again sell the property as provided in subsection (6) of this section. If the conditions of the sale permit part of the payment to be deferred, and if such part is not paid, within the prescribed period, suit may be instituted in the Franklin Circuit Court or the Circuit Court of the county where the sale was conducted against the purchaser for the purchase price or such part thereof as has not been paid, together with interest at the rate of twelve percent (12%) per annum from the date of the sale; or, in the discretion of the commissioner, the sale may be declared to be null and void for failure to make full payment of the purchase price and the property may again be advertised and sold as provided in this section. If readvertisement and sale occur, any new purchaser shall receive the property or rights to property, free and clear of any claim or right of the former defaulting purchaser, of any nature whatsoever, and the amount paid upon the bid price by the defaulting purchaser shall be forfeited.(8) If the commissioner or his delegate determines that any property seized is liable to perish or become greatly reduced in price or value by keeping, or that the property cannot be kept without great expense, he shall appraise the value of the property and, if the owner of the property can be readily found, the commissioner or his delegate shall give him notice of the determination of the appraised value of the property. The property shall be returned to the owner if, within the time specified in the notice, the owner pays to the commissioner or his delegate an amount equal to the appraised value, or gives bond in the form, with the sureties, and in the amount as the commissioner or his delegate determines to be appropriate in the circumstances. If the owner does not pay the amount or furnish the bond in accordance with this subsection, the commissioner or his delegate shall as soon as practicable make public sale of the property without regard to the advertisement requirements or the time limitations contained in subsections (3) and (5) of this section.(9) No proceedings under this section shall be commenced more than ten (10) years after the assessment becomes final.(10) The term "levy" as used in this section shall include the power of distraint and seizure by any means. Except as otherwise provided in KRS 131.510(2)(a), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the commissioner or his delegate may levy upon property or rights to property, he may seize and sell the property or rights whether real, personal, tangible or intangible.(11) Notwithstanding the provisions of KRS Chapters 45, 45A, and 56, the department may take all necessary steps to provide for the protection, maintenance, or transportation of all property seized by the department pursuant to the provisions of this section, including, but not limited to, negotiating directly for the procurement of contractual services, including professionals, supplies, materials, equipment, or the leasing of real and personal property. Every effort shall be made to effect a competitively established price for purchases made pursuant to this section. The department shall report any procurements of contractual services, supplies, materials, equipment, or the leasing of real and personal property, to the secretary of the Finance and Administration Cabinet within sixty (60) days of the transaction. Nothing in this section shall preclude the department from complying with the provisions of KRS Chapters 45 and 56 relating to the requirements to report the purchase or lease of real property or equipment to the Capital Projects and Bond Oversight Committee.

CHAPTER 132. LEVY AND ASSESSMENT OF PROPERTY TAXES

132.017 Recall petition; requirements and procedures; reconsideration; election; second billing

(1) As used in this section, "local governmental entity" includes a county fiscal court and legislative body of a city, urban-county government, consolidated local government, charter county government, or other taxing district.(2) (a) That portion of a tax rate levied by an ordinance, order, resolution, or motion of a local governmental entity or district board of education subject to recall as provided for in KRS 68.245, 132.023, 132.027, and 160.470, shall go into effect forty-five (45) days after its passage.(b) During the forty-five (45) days next following the passage of the ordinance, order, resolution, or motion, any five (5) qualified voters who reside in the area where the tax levy will be imposed may commence petition proceedings to protest the passage of the ordinance, order, resolution, or motion by filing with the county clerk an affidavit stating that they constitute the petition committee and that they will be responsible for circulating the petition and filing it in the proper form within forty-five (45) days from the passage of the ordinance, order, resolution, or motion. The affidavit shall state their names and addresses and specify the address to which all notices to the committee are to be sent. Upon receipt of the affidavit, the county clerk shall:1. At the time of filing of the affidavit, notify the petition committee of all statutory requirements for the filing of a valid petition under this section;2. At the time of the filing of the affidavit, notify the petition committee that the clerk will publish a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county, if such publication exists, if the petition committee remits an amount equal to

the cost of publishing the notice determined in accordance with the provisions of KRS 424.160 at the time of the filing of the affidavit. If the petition committee elects to have the notice published, the clerk shall publish the notice within five (5) days of receipt of the affidavit; and3. Deliver a copy of the affidavit to the appropriate local governmental entity or district board of education.(c) The petition shall be filed with the county clerk within forty-five (45) days of the passage of the ordinance, order, resolution, or motion. All papers of the petition shall be uniform in size and style and shall be assembled in one (1) instrument for filing. Each sheet of the petition shall contain the names of voters from one (1) voting precinct only, and shall include the name, number and designation of the precinct in which the voters signing the petition live. The inclusion of an invalid signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid signature being stricken and not counted. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, street address, and Social Security number or birthdate of the person signing. The petition shall be signed by a number of registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding presidential election.(d) Upon the filing of the petition with the county clerk, the ordinance, order, resolution, or motion shall be suspended from going into effect until after the election referred to in subsection (3) of this section is held, or until the petition is finally determined to be insufficient and no further action may be taken pursuant to paragraph (h) of this subsection.(e) The county clerk shall immediately notify the presiding officer of the appropriate local governmental entity or district board of education that the petition has been received and shall, within thirty (30) days of the receipt of the petition, make a determination of whether the petition contains enough signatures of qualified voters to place the ordinance, order, resolution, or motion before the voters.(f) If the county clerk finds the petition to be sufficient, the clerk shall certify to the petition committee and the local governmental entity or district board of education within the thirty (30) day period provided for in paragraph (e) of this subsection that the petition is properly presented and in compliance with the provisions of this section, and that the ordinance, order, resolution, or motion levying the tax will be placed before the voters for approval.(g) If the county clerk finds the petition to be insufficient, the clerk shall, within the thirty (30) day period provided for in paragraph (e) of this subsection, notify, in writing, the petition committee and the local governmental entity or district board of education of the specific deficiencies found. Notification shall be sent by certified mail and shall be published at least one (1) time in a newspaper of general circulation within the county containing the local governmental entity or district board of education levying the tax or, if there is no such newspaper, shall be posted at the courthouse door.(h) A final determination of the sufficiency of a petition shall be subject to final review by the Circuit Court of the county in which the local governmental entity or district board of education is located, and shall be limited to the validity of the county clerk's determination. Any petition challenging the county clerk's final determination shall be filed within ten (10) days of the issuance of the clerk's final determination.(i) The local governmental entity or district board of education may cause the cancellation of the election by reconsidering the ordinance, order, resolution, or motion and amending the ordinance, order, resolution, or motion to levy a tax rate which will produce no more revenue from real property, exclusive of revenue from new property as defined in KRS 132.010, than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 from real property. The action by the local governmental entity or district board of education shall be valid only if taken within fifteen (15) days following the date the clerk finds the petition to be sufficient.(3) (a) If an election is necessary under the provisions of subsection (2) of this section, the county fiscal court, legislative body of a city, urban-county government, consolidated local government, or other taxing district shall cause to be submitted to the voters of the county, district, consolidated local government, or urban-county at the next regular election, the question as to whether the property tax rate shall be levied. The question shall be submitted to the county clerk not later than the second Tuesday in August preceding the regular election.(b) If an election is necessary for a school district under the provisions of subsection (2) of this section, the district board of education may cause to be submitted to the voters of the district in a called common school election not less than thirty-five (35) days nor more than forty-five (45) days from the date the signatures on the petition are validated by the county clerk, or at the next regular election, at the option of the district board of education, the question as to whether the property tax rate shall be levied. If the election is held in conjunction with a regular election, the question shall be submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The cost of a called common school election shall be borne by the school district holding the election. Any called common school election shall comply with the provisions of KRS 118.025.(c) In an election held under paragraph (a) or (b) of this subsection, the question shall be so framed that the voter may by his or her vote answer "for" or "against." If a majority of the votes cast upon the question oppose its passage, the ordinance, order, resolution, or motion shall not go into effect. If a majority of the votes cast upon the question favor its passage, the ordinance, order, resolution, or motion shall become effective.(d) If the ordinance, order, resolution, or motion fails to pass pursuant to an election held under paragraph (a) or (b) of this subsection, the property tax rate which will produce four percent (4%) more revenues from real property, exclusive of revenue from new property as defined in KRS 132.010, than the amount of revenue produced by the compensating tax rate defined in KRS 132.010, shall be levied without further approval by the local governmental entity or district board of education.(4) Notwithstanding any statutory provision to the contrary, if a local governmental entity or district board of education has not established a final tax rate as of September 15, due to the recall provisions of this section, KRS 68.245, 132.027, or 160.470, regular tax bills shall be prepared as required in KRS 133.220 for all districts having a tax rate established by that date; and a second set of bills shall be prepared and collected in the regular

manner, according to the provisions of KRS Chapter 132, upon establishment of final tax rates by the remaining districts.(5) If a second billing is necessary, the collection period shall be extended to conform with the second billing date.(6) All costs associated with the second billing shall be paid by the taxing district or districts requiring the second billing.


132.023 Limits for certain districts; procedure for exceeding limits

(1) No taxing district, other than the state, counties, school districts, cities, consolidated local governments, and urban-county governments, shall levy a tax rate which exceeds the compensating tax rate defined in KRS 132.010, until the taxing district has complied with the provisions of subsection (2) of this section.(2) (a) A taxing district, other than the state, counties, school districts, cities, consolidated local governments, and urban-county governments, proposing to levy a tax rate which exceeds the compensating tax rate defined in KRS 132.010, shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.(b) The taxing district shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches, the following:1. The tax rate levied in the preceding year, and the revenue produced by that rate;2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;3. The compensating tax rate and the revenue expected from it;4. The revenue expected from new property and personal property;5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;6. A time and place for the public hearing which shall be held not less than seven (7) days, nor more than ten (10) days, after the day that the second advertisement is published;7. The purpose of the hearing; and8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.(c) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property in the taxing district, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.(d) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The taxing district may set reasonable time limits for testimony.(3) (a) That portion of a tax rate levied by an action of a tax district, other than the state, counties, school districts, cities, consolidated local governments, and urban-county governments which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided for in KRS 132.017, and shall be advertised as provided for in paragraph (b) of this subsection.(b) The taxing district, other than the state, counties, school districts, cities, consolidated local governments, and urban-county governments shall, within seven (7) days following adoption of an ordinance, order, resolution, or motion to levy a tax rate which will produce revenue from real property, exclusive of revenue from new property as defined in KRS 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:1. The fact that the taxing district has adopted a rate;2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 is subject to recall; and3. The name, address, and telephone number of the county clerk of the county in which the taxing district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.


132.027 City and urban-county government tax rate limitation; levy exceeding compensating tax rate subject to recall vote or reconsideration

(1) No city or urban-county government shall levy a tax rate which exceeds the compensating tax rate defined in KRS 132.010 until the city or urban-county government has complied with the provisions of subsection (2) of this section.

(2) (a) Cities or urban-county governments proposing to levy a tax rate which exceeds the compensating tax rate defined in KRS 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.(b) The city or urban-county government shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches, the following:1. The tax rate levied in the preceding year, and the revenue produced by that rate;2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;3. The compensating tax rate and the revenue expected from it;4. The revenue expected from new property and personal property;5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;6. A time and place for the public hearing which shall be held not less than seven (7) days nor more than ten (10) days after the day the second advertisement is published;7. The purpose of the hearing; and8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.(c) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property in the taxing district, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.(d) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The taxing district may set reasonable time limits for testimony.(3) (a) That portion of a tax rate levied by an action of a city or urban-county government which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided for in KRS 132.017, and shall be advertised as provided for in paragraph (b) of this subsection.(b) The city or urban-county government shall, within seven (7) days following adoption of an ordinance to levy a tax rate which will produce revenue from real property, exclusive of revenue from new property as defined in KRS 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:1. The fact that the city or urban-county government has adopted a rate;2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 is subject to recall, and3. The name, address, and telephone number of the county clerk of the county or urban-county in which the taxing district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.

132.110 Certification of petition for referendum; publication of act

(1) Within five (5) days after the filing of the petition for referendum, the Secretary of State shall transmit to the county judge/executive of each county in which petitioners reside the sheets containing the names of the petitioners of that county. The county judge/executive shall thereupon set a date not less than ten (10) nor more than fifteen (15) days thereafter when interested persons may appear and present proof as to the genuineness of signatures and the qualification of petitioners. After hearing proof, the county judge/executive shall determine the number of legal voters of his county who have signed the petition, cause the same to be entered upon the order book and certify it to the Secretary of State.

(2) Within thirty (30) days after receiving from the county judges/executive certification that a number of legal voters constituting in the aggregate five percent (5%) of the vote of the entire state have signed a petition for referendum, the Secretary of State shall cause the proposed act or the parts thereof affected and the fact that the act will be submitted to the voters for their acceptance or rejection at the next general election to be published pursuant to KRS Chapter 424.

132.120 Certification of question; vote on referendum; certification and publication of results; expenses

(1) The Secretary of State shall certify to the county clerk of each county, not less than twenty (20) days before the next general election, the substance of the act or the parts of the act that are to be voted upon, and the county clerk shall have the same, as certified by the Secretary of State, appear before the voters. The elector shall designate his vote by a "Yes" or "No" vote. The votes cast for and against the measure shall be counted, canvassed and certified to the State Board of Elections in the same manner as the votes upon constitutional amendments.

(2) If it is found that a majority of votes cast on the measure are in favor thereof, the act or the part of the act voted upon shall become effective. The result of the vote shall be published by the Secretary of State pursuant to KRS Chapter 424. The expense of the publications required by this section and by KRS 132.110 shall be paid as

the expense of other publications that the Secretary of State is required to make in connection with elections.

132.660 Emergency assessments

(1) The Department of Revenue shall have authority to order an emergency assessment of all or any part of the taxable property in any taxing district to be made by one (1) or more persons appointed for that purpose by the department, whenever: there has been no regular assessment; the records of an assessment have been destroyed, mutilated or lost; complaint is made by the owners of not less than ten percent (10%) in value of the taxable property in the taxing district; or investigation of the department discloses that the assessment of property in such taxing district is so grossly inequitable or fiscally infeasible that an emergency exists. The order directing such emergency assessments shall state the reasons therefor and a copy shall be filed in the office of the county clerk where the property lies. Such order, when filed, shall void any assessment for the assessment year for which the emergency assessment is made. Any person appointed to make such an emergency assessment shall have the same powers and duties as the property valuation administrator. Whenever the tax roll has been completed under an emergency assessment and the tentative valuations have been determined, the department shall cause to be published pursuant to KRS Chapter 424, a notice as to the date when the tax roll will be ready for inspection and the time available for such purpose; also a copy of the notice shall be posted at the courthouse door. If any property is assessed at a greater value than that listed by the taxpayer or unlisted property is assessed, the taxpayer shall be charged with notice of such action by reason of the inspection period, and no further notice need be given of such action taken before the beginning of the inspection period. At the close of the inspection period, the tax roll shall be delivered to the county clerk and the county judge/executive shall immediately convene the board of assessment appeals to hear and determine any appeals from such emergency assessment. The board shall remain in session for the time and shall receive the compensation as provided in KRS 133.030(3). Appeals shall be taken and heard from such emergency assessments in the same manner as appeals from regular assessments.(2) The department may appoint the property valuation administrator to make an emergency assessment provided he was not at fault, and if the property valuation administrator is so appointed he shall receive reasonable compensation for his services in making this assessment, which shall not affect in any manner the payment to him of any compensation that he has received for himself or on behalf of a deputy or that may be due him, for services in making the regular assessment. Whenever through the property valuation administrator's fault an emergency assessment is ordered, the property valuation administrator shall become liable for the cost thereof as provided in KRS 132.620, such cost to be limited to the amount due or paid him in accordance with the provisions of KRS 132.590.

CHAPTER 133. SUPERVISION, EQUALIZATION, AND REVIEW OF ASSESSMENTS

133.045 Inspection period for tax rolls; publication and posting

(1) The real property tax roll being prepared by the property valuation administrator for the current year, shall be open for inspection in the property valuation administrator's office for thirteen (13) days beginning on the first Monday in May of each year and shall be open for inspection for six (6) days each week, one (1) of which shall be Saturday. In case of necessity, the department may order a reasonable extension of time for the inspection period of the tax roll or it may order that the inspection period be at a different time than that provided in this section. However, the final day of the inspection period shall not be Saturday, Sunday, or a legal holiday.(2) The property valuation administrator shall cause to be published once during the week before the beginning of the inspection period, as provided in subsection (1) of this section, in a display type advertisement, the following information:(a) The fact that the real property tax roll is open for public inspection;(b) The dates of the inspection period;(c) The times available for public review of the real property tax roll;(d) The fact that any taxpayer desiring to appeal an assessment shall first request a conference with the property valuation administrator to be held prior to or during the inspection period; and(e) Instructions which provide details on the manner in which a taxpayer who has had a conference with the property valuation administrator may file an appeal, if he is aggrieved by an assessment made by the property valuation administrator.

The cost of the notice shall be paid by the fiscal court of the county. The notice shall also be posted at the courthouse door. Failure to publish or post notices when the inspection period is at the regular time as provided in this section shall not invalidate assessments made by the property valuation administrator and recorded on the tax roll prior to the inspection period.

CHAPTER 133. SUPERVISION, EQUALIZATION, AND REVIEW OF ASSESSMENTS

133.170 Certification of equalization; appeal by fiscal court; exoneration from increase in value; application; procedure; appeal

(1) When the Department of Revenue has completed its equalization of the assessment of the property in any county, it shall certify its action to the county judge/executive, with a copy of the certification for the county clerk, to be laid before the fiscal court of the county.(2) If the fiscal court deems it proper to ask for a review of the aggregate equalization of any class or subclass of property, it shall direct the county attorney to prosecute an appeal of the aggregate increase to the Kentucky Board of Tax Appeals within ten (10) days from the date of the certification.(3) Within ten (10) days from the date that the department's aggregate equalization of any or all classes or subclasses of property becomes final by failure of the fiscal court to prosecute an appeal or by order of the Kentucky Board of Tax Appeals or the courts, the fiscal court shall cause to be published, at least one (1) time, in the newspaper having the largest circulation within the county, a public notice of the department's action.(4) Within ten (10) days from the date of the publication of the notice required in subsection (3) of this section, any individual taxpayer whose property assessment is increased above its fair cash value by the equalization action may file with the county clerk an application for exoneration of his property assessment from the increase. The application shall be filed in duplicate and shall include the name and address of the person in whose name the property is assessed; the assessment of the property before the increase; the description and location of the property including the description shown on the tax roll; the property owner's reason for appeal; and all other pertinent facts having a bearing upon its value. The county clerk shall forward one (1) copy, of each application for exoneration to the Department of Revenue and shall exclude the amount of the equalization increase from the assessment in the preparation of the property tax bill for each property for which an application for exoneration has been filed.(5) The county judge/executive shall reconvene the board of supervisors immediately following the close of the period for filing applications for exoneration from the increase. The board shall schedule and conduct hearings on all applications in the manner prescribed for hearing appeals by KRS 133.120; however, the board shall not have authority to reduce any assessment to an amount less than that listed for the property at the time of adjournment of the regular board session.(6) The county clerk shall act as clerk of the reconvened board and shall keep an accurate record of the proceedings in the same manner as provided by KRS 133.125. Within five (5) days of the adjournment of the reconvened board, he shall notify each property owner in writing of the final action of the board with relation to the equalization increase and shall forward a copy of the proceedings certified by the chairman of the board and attested by him to the Department of Revenue and to the other taxing districts participating in the tax.(7) Any taxpayer whose application has been denied, in whole or in part, may appeal to the Kentucky Board of Tax Appeals as provided in KRS 131. 340, and appeals thereafter may be taken to the courts as provided in KRS 131.370.(8) The provisions of KRS 133.120(9) shall apply to the payment of taxes upon any property assessment for which an application for exoneration has been filed.(9) The provisions of subsections (4), (5), (6), (7), and (8) of this section shall only apply to appeals growing out of equalization action by the Department of Revenue under the provisions of KRS 133.150.

133.250 Sales-assessment ratio studies; revaluation of property; publication in each county of the percentage of fair cash value attainment

(1) The Department of Revenue shall conduct sales-assessment ratio studies for each county and shall submit the ratio to each property valuation administrator by September 1 of each year or within thirty (30) days of submission of the property valuation administrator's final recapitulation to the department as provided for in KRS 133.125, whichever date is later. Randomly selected sample appraisals shall be conducted by the Department of Revenue for each class of real property in each county no less than once every two (2) years to supplement sales data used in the assessment ratio study and to verify and enhance the statistical validity of the ratio study in determining measures of central tendency and variation.(2) The property valuation administrator shall begin revaluation of property in his county, in preparation for the following year's property assessment, immediately following submission of the final recapitulation to the Department of Revenue as provided for in KRS 133.125.(3) By January 30 of each year, the Department of Revenue shall cause to be published in the newspaper of largest circulation in each county, a listing of the percentage of fair cash value attainment of real property assessments as calculated by assessment ratio studies which shall be conducted by the Department of Revenue.

CHAPTER 134. PAYMENT, COLLECTION, AND REFUND OF TAXES

134.215 Outgoing sheriff; delivery of records and unpaid tax bills to successor; receipt for unpaid and partially paid tax bills, contents, filing, recording; responsibility for collecting and accounting for accounts; applicability of KRS 64.368 if population decreases below 70,000; settlement; notice of temporary refusal to accept payment of taxes; expense allowance to outgoing sheriff for preparation of receipt

(1) An outgoing sheriff, as soon as his successor has been qualified and inducted into office and his official bond approved, shall immediately vacate his office, deliver to his successor all books, papers, records, and other property held by virtue of his office, and make a complete settlement of his accounts as sheriff, except as otherwise provided

in this section.(2) All unpaid tax bills and bills upon which partial payments have been accepted in the possession of the sheriff upon the date of expiration of his term shall be turned over to the incoming sheriff, who shall collect and account for them as provided by law. The outgoing sheriff shall take a receipt from the incoming sheriff for the unpaid and partially paid tax bills. This receipt shall show in detail for each unpaid and for each partially paid tax bill the total amount due each taxing district as shown upon the tax bills. Provided, however, in counties containing a population of seventy thousand (70,000) or over, the receipt shall show the total amount due each taxing district as shown upon the unpaid and partially paid tax bills. The receipt shall be signed and acknowledged by the incoming sheriff before the county clerk, filed with the county judge/executive, and recorded in the order book of the county judge/executive in the manner required by law for recording the official bond of the sheriff. A certified copy of the receipt as recorded in the order book of the county judge/executive shall be filed with the Department of Revenue. The outgoing sheriff and his bondsmen or sureties shall be relieved in securing his quietus and in the final settlement of his accounts of all responsibility for collecting and accounting for the amounts covered by the receipt, and the incoming sheriff shall be charged with full responsibility for collecting and accounting for these amounts as otherwise provided by law for the collection and accounting for taxes. If a county's population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply.(3) Each outgoing sheriff shall make a final settlement with the Department of Revenue and the fiscal court and taxing district of his county by March 15 immediately following the expiration of his term of office for all charges of taxes made against him and for all money received by him as sheriff and to obtain his quietus, and immediately thereafter he shall deliver these records to the incumbent sheriff.(4) For purposes of accounting for unpaid and partially paid tax bills, either the outgoing sheriff, the incoming sheriff, or both, may, by giving advance notice by publication pursuant to KRS Chapter 424, refuse to accept payment of ad valorem taxes during any or all of that portion of their terms of office from January 1 through January 15. Irrespective of whether the office refuses to accept payment of taxes during any or all of this fifteen (15) day period, both the incoming and outgoing sheriffs shall have working access to the office facilities and to the records and mail of the sheriff's office relating to the payment, collection, and refund of ad valorem taxes on property. Interest shall not be assessed or collected for the period during which payment of taxes is prohibited under the terms of this section.(5) The outgoing sheriff shall be allowed and paid in accordance with KRS 64.140 and 64.530 the reasonable expenses actually incurred in preparing the receipt required under this section. Reasonable expenses actually incurred may include office expenses and salaries of himself, deputies, and employees paid in accordance with the schedule of the previous year or the amount paid an auditor necessary in determining, verifying, and recording the unpaid and partially paid tax bills turned over to the incoming sheriff.

134.310 Sheriff's annual settlement with county; objections; action in Circuit Court; statement of funds and expenditures; settlement for excess fees; applicability of KRS 64.368 if population decreases below 70,000

(1) The sheriff shall annually settle his accounts for county and district taxes with the fiscal court after making settlement with the Department of Revenue. The fiscal court shall appoint some competent person other than the Commonwealth's or county attorney to settle the accounts of the sheriff for money due the county or district. The department, at the request of the fiscal court or any school district, may conduct the local settlement. If no local settlement has been initiated by July 1 of any year, the department may initiate the local settlement on behalf of the local district. Upon completion of the local settlement, the department may receive reasonable reimbursement for expenses incurred. The report of the state and local settlement shall be filed in the county clerk's office and approved by the county judge/executive no later than September 1 of each year. The settlement shall show the amount of ad valorem tax collected, and an itemized statement of the money disbursed.(2) The settlement shall be published pursuant to KRS Chapter 424. The report of the settlement shall be subject to objections by the sheriff or by the county attorney, who shall represent the state and county, and the county judge/executive shall determine the objections. Objections shall be submitted to the county judge/executive within fifteen (15) days of the filing of the settlement in the clerk's office. If no objections are submitted, the settlement will become final.(3) If the county judge/executive denies the objections, the sheriff may institute an action in Circuit Court within fifteen (15) days of receipt of the denial for review of the settlement and objections. Upon review, the Circuit Court shall issue its determination and the settlement shall become final. The final settlement shall be subject to correction by audit conducted pursuant to KRS 43.070 or 64.810.(4) On the final settlement, the sheriff shall pay to the county treasurer all money that remains in his hands, and take receipts as provided in KRS 134.300, and shall pay any additional amounts charged against him as a result of the settlements. If the sheriff fails to remit amounts charged against him the department may issue bills for the subsequent year and may assume all collection duties in the name of and on behalf of the cities, counties, school districts, and other taxing districts to collect the taxes. In the performance of any tax collection duties undertaken by the department, the department shall have all the powers, rights, and authority for the collection of taxes established in Chapters 131, 132, 133, and 134 of the Kentucky Revised Statutes. The fees and commissions which the sheriff would have been entitled to receive from the taxing districts shall be paid to the department.(5) In counties containing a population of less than seventy thousand (70,000), the sheriff shall file annually with his final settlement:(a) A complete statement of all funds received by his office for official services, showing separately the total income

received by his office for services rendered, exclusive of his commissions for collecting taxes, and the total funds received as commissions for collecting state, county, and school taxes; and(b) A complete statement of all expenditures of his office, including his salary, compensation of deputies and assistants, and reasonable expenses.(6) At the time he files the statements required by subsection (5) of this section, the sheriff shall pay to the fiscal court any fees, commissions, and other income of his office, including income from investments, which exceed the sum of his maximum salary as permitted by the Constitution and other reasonable expenses, including compensation of deputies and assistants. The settlement for excess fees and commissions and other income shall be subject to correction by audit conducted pursuant to KRS 43.070 or 64.810, and the provisions of this subsection shall not be construed to amend KRS 64.820 or 64.830.(7) If a county's population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply.

134.440 Advertisement of sale of tax claims; compensation of sheriff

(1) The advertisement of sale of tax claims shall be published pursuant to KRS Chapter 424. The advertisement may in addition consist of the posting of printed notices containing the same information in three (3) or more conspicuous places in the county, fifteen (15) days before the sale. The sheriff shall place a copy of the advertisement at the courthouse door in a conspicuous place at least fifteen (15) days before the sale. The sale shall be at the courthouse door. The sheriff shall, not less than twelve (12) days before the sale, mail to the delinquent taxpayer's place of residence or business, if it can be ascertained, a notice of the time and place of sale. Failure to send the notice shall have no effect on the validity of the sale.

(2) As compensation for his services, the sheriff shall receive five dollars ($5) for each tax claim advertised. The fees shall be added to the amount of the tax claim as a part of the certificate of delinquency and paid by the person who pays the tax claim, and shall not be paid by the state, county, or taxing district. Any additional expenses incurred that must be paid before the sale of a tax claim or the settlement of an action by the state, county, or taxing district shall be paid by the county, and this sum shall be a preferred claim of the county on any proceeds eventually recovered.

134.510 Sale and conveyance of land obtained by taxing unit through action on certificate of delinquency; redemption by taxpayer

(1) After the state, county and taxing districts obtain real property as authorized by KRS 134.490, the designated agent of the commissioner of revenue may advertise and sell at public sale any of the lands, and the commissioner may convey the lands by deed to the purchaser. The commissioner shall, within thirty (30) days from receipt of payment, pay to the county and taxing district the amount of the proceeds due each. The Department of Revenue shall be entitled to an administration fee equal to fifteen percent (15%) of the sale price of the property, which shall be paid into the delinquent tax fund provided for in KRS 134.400.(2) The sales shall be advertised by a written or printed notice posted at the courthouse door for fifteen (15) days before the date of sale, and by publication pursuant to KRS Chapter 424, and may in addition be advertised by printed handbills posted for fifteen (15) days before the date of sale in three (3) or more conspicuous places in the taxing districts.(3) Any real property acquired by the state, county and taxing districts pursuant to KRS 134.490 may be redeemed at any time before the commissioner gives a deed to a purchaser, by paying to the county clerk the amount due at the time the property was acquired, plus subsequent costs and interest at the rate of twelve percent (12%) per annum.

CHAPTER 136. CORPORATION AND UTILITY TAXESPENALTIES

136.990 Penalties

(1) Any corporation that fails to pay its taxes, penalty, and interest as provided in subsection (2) of KRS 136.050, after becoming delinquent, shall be fined fifty dollars ($50) for each day the same remains unpaid, to be recovered by indictment or civil action, of which the Franklin Circuit Court shall have jurisdiction.(2) Any public service corporation, or officer thereof, that willfully fails or refuses to make reports as required by KRS 136.130 and 136.140 shall be fined one thousand dollars ($1,000), and fifty dollars ($50) for each day the reports are not made after April 30 of each year.(3) Any superintendent of schools or county clerk who fails to report as required by KRS 136.190, or who makes a false report, shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each offense.(4) Any company or association that fails or refuses to return the statement or pay the taxes required by KRS 136.330 or 136.340 shall be fined one thousand dollars ($1,000) for each offense.(5) Any insurance company that fails or refuses for thirty (30) days to return the statement required by KRS 136.330 or 136.340 and to pay the tax required by KRS 136.330 or 136.340, shall forfeit one hundred dollars

($100) for each offense. The executive director of insurance shall revoke the authority of the company or its agents to do business in this state, and shall publish the revocation pursuant to KRS Chapter 424.(6) Any person who violates subsection (3) of KRS 136.390 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.(7) Where no other penalty is mentioned for failing to do an act required, or for doing an act forbidden by this chapter, the penalty shall be not less than ten dollars ($10) nor more than five hundred dollars ($500).(8) The Franklin Circuit Court shall have jurisdiction of all prosecutions under subsections (4) to (6) of this section.(9) Any person who violates any of the provisions of KRS 136.073 or KRS 136.090 shall be subject to the uniform civil penalties imposed pursuant to KRS 131.180.(10) If the tax imposed by KRS 136.070 or KRS 136.073, whether assessed by the department or the taxpayer, or any installment or portion of the tax, is not paid on or before the date prescribed for its payment, interest shall be collected upon the nonpaid amount at the tax interest rate as defined in KRS 131.010(6) from the date prescribed for its payment until payment is actually made to the department.(11) Any provider who violates the provisions of KRS 136.616(3) shall be subject to a penalty of twenty-five dollars ($25) per purchaser offense, not to exceed ten thousand dollars ($10,000) per month.

CHAPTER 138. EXCISE TAXESCIGARETTES

138.165 Contraband cigarettes; vending machines and motor vehicles; seizure; sale; remission of forfeiture; appeal

(1) It is declared to be the legislative intent of KRS 138.130 to 138.205 that any untax-paid cigarettes held, owned, possessed, or in control of any person other than as provided in KRS 138.130 to 138.205 are contraband and subject to seizure and forfeiture as set out in this section.(2) Whenever any peace officer of this state, or any representative of the department, finds any untax-paid cigarettes within the borders of this state in the possession of any person other than a licensee authorized to possess untax-paid cigarettes by the provisions of KRS 138.130 to 138.205, such cigarettes shall be immediately seized and stored in a depository to be selected by the officer or agent. At the time of seizure, the officer or agent shall deliver to the person in whose custody the cigarettes are found a receipt for the cigarettes. The receipt shall state on its face that any inquiry concerning any goods seized shall be directed to the commissioner of the Department of Revenue, Frankfort, Kentucky. Immediately upon seizure, the officer or agent shall notify the commissioner of the Department of Revenue of the nature and quantity of the goods seized. Any seized goods shall be held for a period of twenty (20) days and if after such period no person has claimed the cigarettes as his property, the commissioner shall cause the same to be exposed to public sale to any person authorized to purchase untax-paid cigarettes. The sale shall be on notice published pursuant to KRS Chapter 424. All proceeds, less the cost of sale, from the sale shall be paid into the Kentucky State Treasury for general fund purposes.(3) It is declared to be the legislative intent that any vending machine used for dispensing cigarettes on which Kentucky cigarette tax has not been paid is contraband and subject to seizure and forfeiture. In the event any peace officer or agent of the department finds any vending machine within the borders of this state dispensing untax-paid cigarettes, he shall immediately seize the vending machine and store the same in a safe place selected by him. He shall thereafter proceed as provided in subsection (2) of this section and the commissioner of the Department of Revenue shall cause the vending machine to be sold, and the proceeds applied, as set out in subsection (2) of this section.(4) No cigarettes, on which the tax imposed by KRS 138.130 to 138.205 has not been paid, shall be transported within this state by any person other than a manufacturer or a person licensed under the provisions of KRS 138.195. It is declared to be the legislative intent that any motor vehicle used to transport any such cigarettes by other persons is contraband and subject to seizure and forfeiture. If any peace officer or agent of the department finds any such motor vehicle, the vehicle shall be seized immediately and stored in a safe place. The peace officer or agent of the department shall thereafter proceed as provided in subsection (2) of this section and the commissioner of the Department of Revenue shall cause the motor vehicle to be sold, and the proceeds applied, as set out in subsection (2) of this section.(5) The owner or any person having an interest in any goods, machines or vehicles seized as provided under subsections (1) to (4) of this section may apply to the commissioner of the Department of Revenue for remission of the forfeiture for good cause shown. If it is shown to the satisfaction of the Department of Revenue that the owner was without fault in the possession, dispensing or transportation of the untax-paid cigarettes, the Department of Revenue shall remit the forfeiture. If the Department of Revenue determines that the possession, dispensing or transportation of untax-paid cigarettes was willful or intentional the Department of Revenue may nevertheless remit the forfeiture on condition that the owner pay a penalty to be prescribed by the Department of Revenue of not more than fifty percent (50%) of the value of the property forfeited. All taxes due on untax-paid cigarettes shall be paid in addition to the penalty, if any.(6) Any party aggrieved by an order entered hereunder may appeal to the Kentucky Board of Tax Appeals in the manner provided by law.

CHAPTER 146. NATURAL RESOURCES

NATURE PRESERVES

146.480 Notification by commission of proposed action

Before the commission shall make any findings of the existence of an imperative and unavoidable public necessity, or shall grant or dispose of any estate, interest or right in a nature preserve, or shall enter into any amendment of any articles of dedication, it shall give notice of such proposed action in accordance with Chapter 424 of the Kentucky Revised Statutes.

CHAPTER 147. STATE AND AREA PLANNING; REGIONAL DEVELOPMENTAREA PLANNING

147.620 Procedure for establishment, alteration, or dissolution of commission

(1) If the fiscal courts of any two (2) or more adjacent counties elect to be consolidated as provided in KRS 147.610, and the respective legislative bodies of cities representing more than two-thirds (2/3) of the population of the residents living within the boundaries of corporate territories of each county, by ordinance or resolution elect to consolidate as provided in KRS 147.610, then the cities and counties so affected shall authorize the execution of a contract between themselves agreeing to participate in the creation of an area planning commission and agreeing to be governed by the provisions of KRS 147.610 to 147.705. When a sufficient number of municipalities and counties have executed said agreement, copies shall be filed in the office of the clerk of each of the counties affected. Thereupon an area planning commission is established. If at some later date the fiscal court and the legislative bodies of cities representing more than two-thirds (2/3) of the population of the residents living within the boundaries of the corporate territory of another adjacent county elect to join the area planning commission, then the cities and county so affected shall authorize the execution of a contract between themselves agreeing to participate and be governed by the provisions of KRS 147.610 to 147.705. The existing area planning council, as previously created under KRS 147.610 to 147.705 shall be empowered to execute an agreement accepting the new contract in behalf of the existing area planning council and commission. When such agreement is executed copies shall be filed in the office of the clerk of each of the counties affected. Thereupon the new area planning commission boundaries are established.(2) Any area planning commission created under the provisions of KRS 147.610 to 147.705 may be dissolved or altered in accordance with subsection (3), (4), or (5) of this section.(3) An area planning commission may be altered or dissolved by the fiscal court, as follows:(a) Upon receipt of a petition and following a public hearing as provided herein, the fiscal court may alter the boundaries of an area planning commission by reducing its area, or may dissolve an area planning commission if that commission has for a period of two (2) consecutive years failed to provide the services for which it was established, or if all or a portion of such services have been provided by some other entity. The fiscal court of each member county of an area planning commission must vote to dissolve the commission before such dissolution may take effect.(b) Upon receipt of a petition signed by at least twenty-five percent (25%) of the number of registered voters who voted in the last presidential election, the fiscal court shall schedule a public hearing on the matter of alteration or dissolution and advertise such hearing as provided in KRS 424.130.(c) The petition shall be in substantially the following form: "The undersigned registered voters as determined by subsection (3)(b) of this section living within the area planning commission territory (and containing a description of the territory) hereby request that the fiscal court consider the alteration or dissolution of the area planning commission pursuant to this section." The petition shall conspicuously state in laymen's terms that any legal obligations of the commission must be satisfied before the commission can be dissolved and that the citizens residing within the area planning commission territory shall be responsible for the satisfaction of any obligations. Signatures on the petition shall be dated, the last no later than ninety (90) days after the first.(d) At the hearing, the burden of proving that the commission is providing or taking substantial steps toward providing the services for which it was created, or that no other entity is providing the service, shall be upon the commission. In determining whether to alter, dissolve or to take no action in regard to the commission, the fiscal court shall consider testimony offered at the hearing and any other relevant information including but not limited to the following:1. Present and projected need for the service provided by the commission;2. Population density of the commission;3. Existence of alternate providers of services;4. Revenue base of the commission such as assessed valuation and bonding capacity; and5. Consequences of alteration of the commission's boundaries on the effectiveness and efficiency of the commission.(e) Within sixty (60) days following the hearing, the fiscal court shall set forth its written findings of fact in approving or disapproving the alteration or dissolution of the commission.1. If the fiscal court determines to dissolve the commission, it shall determine a method to satisfy any legal obligations of the commission which might be affected thereby. Upon satisfaction of its legal obligations, the commission shall be legally dissolved; any special ad valorem tax imposed by the commission shall be removed

from the tax rolls by the county clerk; and any assets of the commission shall be assumed by the county.2. If the fiscal court determines to alter the boundaries of the commission, it shall draw the new boundaries of the commission and determine the proportional amount of existing legal obligations of the area which is to be excluded from the commission. Upon the satisfaction of such obligations, the new boundaries of the commission shall be legally effected and any affected taxpayer shall be removed from the tax rolls of the commission.(f) If the final decision of the fiscal court or the Circuit Court, in the case of an appeal as provided for herein, is against the alteration or dissolution of the commission, no attempt to alter or dissolve the commission pursuant to this section shall be made within three (3) years of the decision.(g) Any petitioner or member of the commission may, within thirty (30) days of the fiscal court's decision, appeal an adverse finding of the fiscal court to the Circuit Court in the county containing the greater part of the commission. The Circuit Court shall review the decision of the fiscal court but shall reverse the decision only if such decision is found to be arbitrary or capricious. If the Circuit Court reverses the decision of the fiscal court by ordering the alteration or dissolution of the commission, it shall direct the fiscal court to determine, as provided in subsection (3)(e) of this section, a method for satisfying any legal obligations of the commission which might be affected thereby.(4) An area planning commission may be dissolved by a referendum as follows:(a) Persons seeking dissolution of the commission shall submit a petition to the county clerk signed by at least twenty-five percent (25%) of the number of registered voters who voted in the last presidential election.(b) The petition shall be in substantially the following form: "The undersigned registered voters as determined by subsection (4)(a) of this section, living within the area planning commission territory (and containing a description of the territory) hereby request that the question of the dissolution of the commission be put to a referendum." The petition shall conspicuously state in laymen's terms that any legal obligations of the commission must be satisfied before the commission can be dissolved and that citizens residing within the area planning commission territory shall be responsible for the satisfaction of any such obligations. Signatures on the petition shall be dated, the last no later than ninety (90) days after the first.(c) If the county clerk determines that the petition is in proper order, he shall certify the petition to the fiscal court. The fiscal court shall direct that the question be placed on the ballot at the next regular election if the question is submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The fiscal court shall bear the costs of advertising and placing the question on the ballot.(d) The county clerk shall advertise the question as provided in KRS Chapter 424 and shall prepare the question for the ballot. The ballot shall contain the following admonition to the voter: "The (name of the area planning commission) may have existing legal obligations which must be satisfied before the commission can be dissolved. The citizens residing within the area planning commission territory shall be responsible for the satisfaction of any obligations." The question of the dissolution of the commission shall be placed on the ballot in substantially the following form: "The (name of the area planning commission and containing a description of the commission's territory) should be dissolved." The voter shall vote "yes" or "no."(e) All registered voters shall be eligible to vote on the question of dissolution.(f) In referendums under this section, provision shall be made for those opposing the dissolution of the commission to have equal representation with the proponents of the measure in the determination of eligibility of voters, and in the observance of canvassing and certifying of the returns.(g) If a majority of those voting in the referendum as provided for herein, favor the dissolution of the commission, the commission shall, upon satisfaction of its legal obligations, be dissolved by the order of the fiscal court, any special ad valorem tax imposed by the commission shall be removed from the tax rolls by the county clerk and any assets of the commission shall be assumed by the county.(h) If a majority of those voting in the referendum oppose the dissolution of the commission, no attempt to dissolve the commission pursuant to this section shall be made within five (5) years of the election.(i) Each member county of an area planning commission must follow the procedures defined herein, before such dissolution may take effect.(j) Any member county of an area planning commission may withdraw its membership after following the procedures defined herein. The commission shall continue to function after such withdrawals, with its boundaries consisting of the remaining county members. No county may withdraw from any commission unless it satisfies its part of all contractual obligations assumed by the commission prior to the passage of its resolution.(5) Nothing contained herein shall be construed as prohibiting any county, which is included in the territory of an area planning commission, from withdrawing that county's membership in an area planning commission, provided that the procedures for effectuating such withdrawal shall be in accordance with either subsection (3) or (4) of this section.

CHAPTER 148. PARKS AND TOURISMKENTUCKY TRAILS SYSTEM

148.670 Process of locating routes of trails

The process of locating routes of trails in the system shall be as follows:(1) For state scenic trails, the department shall select a route. The selected route shall be compatible with the preservation and enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate

maps and descriptions.(2) For state recreation trails and for connecting or side trails, the department shall select the route; provided, however, that when a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route.(3) In selecting routes and implementing KRS 148.610 to 148.780, the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation, and outdoor recreation. Furthermore, the General Assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of KRS 148.610 to 148.780.(4) In the selection of the route for any trail, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops, or with the livestock, or pasture land, and such trail may then follow existing farm roads. The owner of such farm lands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land.

148.760 Procedure for relocation

Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trails were established. Relocation may be accomplished by the department after consultation with other governmental agencies involved and following publication of notice in a newspaper of general circulation, together with maps and descriptions. In establishing the new location and right-of-way the procedures set forth in KRS 148.670 through 148.710, inclusive, shall be followed.

CHAPTER 149. FORESTRYFOREST FIRE PREVENTION

149.405 Entry in forest lands during drought; emergency proclamation, notice

(1) It shall be unlawful, when the forest lands, brush lands and fields in this state or any part thereof have become so dry or parched as to create an extraordinary fire hazard endangering lives and property, for any person, except the owner, tenant or owner's authorized agent, persons regularly engaged in cutting, processing, or moving forest products, persons engaged in constructing, maintaining, and operating utility or pipeline rights-of-way, or persons on official duty, to enter or travel in any state, county, municipal or private forest lands, brush lands, fields or idle or abandoned lands in the area so affected except on public highways or well defined private roads.(2) When such an emergency is found to exist by the secretary for environmental and public protection, the Governor may proclaim such a condition to exist in the Commonwealth or any described part thereof. The provisions of subsection (1) shall be effective only during the time such proclamation is in force and only in the area where such emergency is declared to exist.(3) The Secretary of State shall cause notice of such proclamation or any amendments or rescission thereof to be published in a newspaper or newspapers of general circulation in the area affected.

CHAPTER 150. FISH AND WILDLIFE RESOURCES

150.022 Department of Fish and Wildlife Resources Commission; definition of "sportsman"

(1) The Department of Fish and Wildlife Resources Commission shall consist of nine (9) members, one (1) from each wildlife district, as set out by the commissioner with the approval of the commission, and not more than five (5) of the same political party.(2) The Governor shall appoint the members of the commission. Each of the members shall be appointed for a term of four (4) years.(3) Vacancies through the expiration of terms of the members of the commission shall be filled by appointment by the Governor from a list of five (5) names from each wildlife district, recommended and submitted by the sportsmen of each respective district. When the term of a member expires, the commissioner shall call a meeting of the sportsmen in that district not later than thirty (30) days prior to the expiration of the member's term. Notice of the meeting shall be given by publication pursuant to KRS Chapter 424. At the meeting, the sportsmen in attendance shall select and submit to the Governor a list of five (5) residents and citizens of the district who are well informed on the subject of wildlife conservation and restoration. Each sportsman may vote for one (1) candidate only, and the list submitted to the Governor shall be made up of the names of the five (5) candidates receiving the five (5) highest vote totals. The Governor shall appoint a successor to the member whose term is about to expire within sixty (60) days following the submission to him of the list referred to in this subsection, and in no event later than August 13.(4) Upon appointment to the commission of the Department of Fish and Wildlife Resources, each commissioner shall execute a bond of one thousand dollars ($1,000) in favor of the Department of Fish and Wildlife Resources, the premium on this bond to be paid out of department funds.(5) In the event of vacancies other than by expiration, the Governor shall fill the vacancy for the unexpired part of the term from the names remaining on the list previously submitted for the district from which the vacancy arose.

(6) Each member of the commission shall take the constitutional oath of office.(7) The Governor may remove any member of the commission for inefficiency, neglect of duty, or misconduct in office; but shall first deliver to the member a copy of all charges in writing and afford to him an opportunity of being publicly heard in person or by counsel in defense of the charges, upon not less than ten (10) days' notice. If a member shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and his findings thereon, together with a complete record of the proceedings.(8) Each member of the commission shall be entitled to reimbursement for actual and necessary traveling and other expenses incurred by him in the discharge of his official duties and to be paid from the game and fish fund.(9) A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power vested in the commission.(10) The department shall have its principal office in Franklin County, and is authorized to purchase all supplies, equipment, and printed forms and to issue any notices and publications as the commissioner may deem necessary to carry out the provisions of this chapter.(11) The word "sportsman" as used in this section shall mean a resident hunter or fisherman who has been licensed, or a resident who has registered a motorboat, in Kentucky for each of the past two (2) consecutive years.

150.025 Power of department to make administrative regulations as to game and fish, including seasons and limits; publication of administrative regulations

(1) In carrying out the provisions of this chapter the department may, by administrative regulations promulgated under the provisions of KRS 13A:(a) Fix, close, terminate, shorten, or divide open season, or make open seasons conditional;(b) Regulate bag or creel limits and possession limits;(c) Regulate buying, selling, or transporting;(d) Regulate the size or type of any device used for taking, and regulate any method of taking;(e) Regulate or restrict the places where taking is permitted;(f) Regulate taking, or the opening or closing of seasons, in waters in which the department is conducting experiments or making improvements for the purpose of promoting the conservation of wildlife and increasing the supply thereof;(g) Make administrative regulations apply to a limited area or to the entire state;(h) Promulgate any other administrative regulations reasonably necessary to implement or carry out the purposes of this chapter.(2) The commissioner shall cause the text of every administrative regulation to be published immediately after filing, once in two (2) newspapers having statewide circulation. The commissioner shall also cause to be prepared news releases concerning all administrative regulations for distribution to radio, television, and newspaper media.(3) This section shall apply to KRS Chapter 150 and no other KRS chapter pertaining to this subject shall apply to KRS Chapter 150.

150.520 Department may regulate musseling

The department shall make such requirements by administrative regulations governing the taking, selling, and buying of mussels and the reporting of musseling operations as it may deem best for the proper enforcement of this chapter. To prevent depletion of the mussel beds and to insure proper propagation of the mussels, the department may close any beds to operators at any time and for such length of time as it deems necessary. During such closed season on any bed no one shall take mussels therefrom. When an order is issued closing any mussel bed, due notice of the same shall be published pursuant to KRS Chapter 424.

CHAPTER 151. GEOLOGY AND WATER RESOURCES

151.200 Temporary allocation of water supply among users; permit for transfer or diversion of water between streams or watersheds

(1) Notwithstanding the existence of any permits for the withdrawal, diversion, or transfer of public water, in times of drought, emergency, or other similar situations requiring a balancing of the rights and available water between water users, the cabinet, upon declaration of a water emergency by the Governor, may temporarily allocate the available public water supply among water users and restrict the water withdrawal rights of permit holders, until such time as the condition is relieved and the best interests of the public are served.(2) The cabinet, with the approval of the secretary, may issue a permit for the transfer or diversion of public water from one (1) stream or watershed area to another, where such transfer is consistent with the wise use of the public water of the Commonwealth and is in the best interests of the public. Prior to issuance of the permit the applicant shall publish a public notice soliciting written comments on the proposed permit in the newspaper or newspapers having greatest circulation in the area of the stream reach from which the withdrawal is taken. The applicant shall also send written notice to water withdrawal permit holders that might be affected by the permit. Thirty (30) days shall be allowed for public comments on the proposed permit.

151.652 Board of directors

(1) The authority shall be governed by a board of directors. The board shall make policy, which shall be implemented.(2) The membership of the board shall be as follows:(a) A member of the county legislative body of Sumner County, Tennessee, and Simpson County, Kentucky, chosen by their respective legislative bodies;(b) The mayors of the cities of Portland, Tennessee, and Franklin, Kentucky;(c) A member of the city legislative bodies from the cities of Portland, Tennessee, and Franklin, Kentucky, chosen by the respective legislative bodies;(d) A member of an industrial foundation board or equivalent, if one (1) exists, from Portland, Tennessee, and Franklin, Kentucky, as appointed by the respective boards; and(e) A commissioner or designee chosen by the board of commissioners of the Simpson County water district.(3) (a) Each local governmental entity which is authorized to designate one (1) of its members for membership on the board shall designate the member by an appropriate resolution or ordinance.(b) Each participating governmental entity shall adopt an appropriate resolution or ordinance which shall state the intention of the local entity to participate in the authority; the resolution or ordinance shall also include a recitation of the participating entity's statutory authority for participation.(c) The authority shall not convene or conduct business until the requirements of this subsection have been met.(4) Any elected official's or his designated alternate's position on the board shall run concurrent with the official's elected term.(5) Any nonelected official shall have a term of four (4) years.(6) If a vacancy occurs on the board, the position shall be filled in the same manner as set forth in the original appointment. A vacancy shall occur when any board member no longer meets the requirements for appointment to the board.(7) The board shall meet annually at a time and place designated by the board. The time, place, and date of this meeting shall be published in newspapers of general circulation in Sumner and Simpson Counties at least seven (7) days prior to the meeting.(8) The board at their annual meeting shall adopt or amend bylaws, if any, adopt an annual budget, elect officers, and adopt any policies and work programs necessary for the operation of the authority and fulfillment of the purposes of the authority.(9) Fifty percent (50%) of the membership of the board shall constitute a quorum for the conduct of the business of the authority.(10) The act of fifty percent (50%) plus one (1) of all those voting shall be the act of the board for the execution of business.(11) The board at its annual meeting shall elect as authority officers a chairman, vice chairman, and a secretary-treasurer who shall serve terms of one (1) year. The chairman shall alternate between members from Tennessee and Kentucky. When a member from one (1) of the states sits as chairman, no more than one (1) other member from the state can sit as vice chairman or secretary-treasurer. 151.658 Bonding authority and procedures

(1) The authority may issue its bonds from time to time for the purpose of paying in whole or in part the cost of acquiring lands and interests therein and of constructing facilities and improvements subject to the limitations and conditions provided in KRS 151.650 to 151.664. Any resolution of the board authorizing the sale of bonds shall be submitted to the state funding board established by Tennessee statute and shall become effective only upon approval by that board. If the board refuses approval, it shall state in writing the reasons for the action.(2) Except as otherwise expressly provided in this section, all bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the authority's projects or of any as may be designated in the proceeding of the board under which the bonds are authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project. Notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of the bonds. The bonds may be executed and delivered by the authority at any time and from time to time, may be in the form and denominations and of the terms and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in the installments and at the time or times not exceeding forty (40) years from the date thereof, may be payable at the place or places whether within or without the state, may bear interest at the rate or rates payable at the time or times and at the place or places and evidenced in the manner, may be executed by the officers of the authority, and may contain the provisions not inconsistent herewith, as shall be provided in the proceedings of the board under which the bonds are authorized to be issued. If deemed advisable by the board, there may be retained in the proceedings under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as specified in the proceedings, at the price or prices and after the notice or notices and on the terms and conditions as set forth in the proceedings, and as briefly recited on the face of the bonds, but nothing herein contained shall be construed to confer on the authority any right or option to redeem any bonds except as provided in the proceedings under which they are issued. Any bonds of the authority may be sold at public or private sale in the manner, at the price, and from time to time, as determined by the board to be most advantageous, and the authority may pay all expenses, premiums, and commissions which its board deems necessary or advantageous in connection with the issuance thereof. Issuance by the board of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings under which any subsequent bonds may be issued shall recognize and protect any prior

pledge or mortgage made for any prior issue of bonds. Proceeds of bonds issued by the authority may be used for the purpose of constructing, acquiring, reconstructing, improving, equipping, furnishing, bettering, or extending any project or projects as authorized by KRS 151.650 to 151.664, including the payment of interest on the bonds during construction of any project and for two (2) years after the estimated date of completion, and payment of engineering, fiscal, architectural, and legal expenses incurred in connection with the project and the issuance of the bonds and the establishment of a reasonable reserve fund for the payment of principal of and interest on the bonds in the event of a deficiency in the revenues and receipts available for the payment.(3) Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in the amount the board deems necessary, but not exceeding the sum of the following:(a) The principal amount of the obligations being refinanced;(b) Applicable redemption premiums thereon;(c) Unpaid interest on the obligations to the date of delivery or exchange of the refunding bonds.

If the proceeds from the sale of the refunding bonds are to be deposited in trust, interest shall accrue on obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board or to the date or dates of maturity, whichever shall be determined by the board to be most advantageous or necessary to the authority;(d) A reasonable reserve for the payment of principal of and interest on the bonds and a renewal and replacement reserve;(e) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of the project and for two (2) years after the estimated date of completion, but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced; and(f) Expenses, premiums, and commissions of the authority, including bond discounts, deemed by the board to be necessary for the issuance of the refunding bonds. A determination by the board that any refinancing is advantageous or necessary to the authority, that any of the amounts provided in the preceding sentence should be included in such refinancing, or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date permitted to remain outstanding until their respective dates of maturity, shall be conclusive.(4) Any refund may be made whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds and the applications of the proceeds thereof to the payment of the obligations to be refunded thereby, and regardless of whether or not the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.(5) Prior to issuance of the refunding bonds, the board shall cause notice of its intention to issue the refunding bonds, identifying the obligations proposed to be refunded and setting forth the estimated date of delivery of the refunding bonds, to be given to the holders of the refunding bonds, to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in the area and in a financial newspaper published in New York, New York, and having national circulation. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board shall cause notice of the issuance of the refunding bonds to be given in the manner provided in the preceding sentence.(6) If any of the obligations to be refunded are to be called for redemption, the board shall cause notice of redemption to be given in the manner required by the proceedings authorizing the outstanding obligations.(7) The principal proceeds from the sale of any refunding bonds shall be applied only as follows:(a) To the immediate payment and retirement of the obligations being refunded; or(b) To the extent not required for the immediate payment of the obligations being refunded, the proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded, and to pay any expenses incurred in connection with the refunding, but provision may be made for the pledging and disposition of any surplus, including without limitation, provision for the pledging of any surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any trust fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed, by the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in the State of Kentucky if the certificates shall be secured by a pledge of any obligations having any aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded which shall not have matured and which shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption.(8) All bonds, refunding bonds, and the interest coupons applicable thereto shall be construed to be negotiable instruments.(9) The principal of and interest on any bonds issued by the authority may be secured by a pledge of the revenues and receipts out of which the same shall be made payable, and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any projects thereafter made, or by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sale contracts, or loan agreements relating to the projects, or any thereof. The resolution under which the bonds are authorized to be issued and any mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered

thereby, the fixing and collection of rents or payments with respect to any projects or portions thereof covered by the resolution, mortgage, or deed of trust, the creation and maintenance of special funds from the revenues and from proceeds of the bonds, and the rights and remedies available in the event of default, as the board shall deem advisable and not in conflict with the provisions of KRS 151.650 to 151.664. Each pledge, agreement, mortgage, and deed of trust made for the benefit of security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

CHAPTER 154. DEVELOPMENTSUBCHAPTER 10. KENTUCKY ECONOMIC DEVELOPMENT PARTNERSHIPSTRATEGIC PLANNING

154.10-120 Preparation of state strategic plan for economic development

(1) The framework for the strategic plan shall include the following elements:(a) Mission statement;(b) Goals;(c) Principles;(d) Strategies and objectives; and(e) Benchmarks.(2) The goals as specified in KRS 154.01-020 should not be considered static, but dynamic, and therefore shall be reviewed for relevancy at least every four (4) years.(3) Plan horizon and frequency of updates shall be as follows:(a) The planning horizon for the Commonwealth's strategic economic development plan shall be for a period of not less than five (5) nor more than ten (10) years.(b) The board shall prepare and adopt, pursuant to KRS 154.10-030(6), a strategic economic development plan for Kentucky within one (1) year from July 14, 1992, and shall update the plan every two (2) years thereafter.(4) The strategic economic development planning process shall include the broadest participation of all public and private interests including, but not limited to, members of the General Assembly; state agencies; local, regional, and statewide associations with interest in economic development; and members of the various industrial sectors.(5) In the preparation and finalization of recommendations contained in the Commonwealth's strategic economic development plan:(a) The board shall conduct at least one (1) public hearing with due legal notice given in accordance with KRS Chapter 424;(b) The board may employ consultants and other experts deemed necessary and appropriate for the purposes of this chapter; and(c) The board shall work cooperatively with the governing authorities of the Kentucky Infrastructure Authority and the Commonwealth's Federal Community Development Block Grant Program to ensure coordination between projects approved by those bodies and the strategic economic development plan.

SUBCHAPTER 24. FINANCING OF JOBS DEVELOPMENT

154.24-100 Preliminary and final approval of projects; designation of eligible companies

(1) With respect to each eligible company making an application to the authority for inducements, and with respect to the economic development project described in the eligible company's application, the authority shall request materials and make all inquiries respecting the application the authority deems necessary. Upon review of the application and completion of initial inquiries, the authority may, by resolution of the board of directors, give its preliminary approval by designating an eligible company as a preliminarily approved company and authorizing the undertaking of the economic development project, and approve a report as prescribed in subsection (2) of this section.(2) A report describing the economic development project as prescribed in subsection (1) of this section shall set out the following:(a) The name, location, business, and standard industrial classification of the eligible company, and if the standard industrial classification is indicative of other than a service or technology activity, then an explanation of the service or technology activity of the eligible company;(b) The nature of the economic development project;(c) The use and projected amounts of the inducements to be available to the eligible company by year; and(d) Other information the authority may require.(3) After the adoption of the board's preliminary approval, an agent designated by the authority shall hold at least one (1) public hearing to solicit public comments regarding the preliminary designation of an eligible company as an approved company and the preliminary authorization of the company's economic development project. Notice of the public hearing shall be given pursuant to KRS Chapter 424.(4) Unless the board, within one (1) year after the adoption of the resolution prescribed in subsection (1) of this section, gives its final approval by adopting a final resolution which designates the eligible company as an approved company, authorizes the economic development project, and executes a service and technology agreement between the eligible company and the authority, the approved company's request for designation and economic development

project authorization shall be considered denied.(5) The decision to grant an eligible company the status of approved company shall be solely that of the authority, which the board shall base its decision upon consideration of all information provided.

CHAPTER 154A. STATE LOTTERY

154A.130 Deposit of moneys; expenditures and investments authorized; allocation of funds; transfer of revenues to general fund; lottery trust account; credit from general fund to literacy fund and higher education scholarships; postaudit of corporation's books and records; functions of Auditor of Public Accounts; annual newspaper publication of information

(1) All money received by the corporation from the sale of lottery tickets and all other sources shall be deposited into a corporate operating account. The corporation is authorized to use all money in the corporate operating account for the purposes of paying prizes and the necessary expenses of the corporation and dividends to the state. The corporation shall allocate the amount to be paid by the corporation to prize winners. The amount in the corporate operating account which the corporation anticipates will be available for the payment of prizes on an annuity basis may be invested in direct United States Treasury obligations. These instruments may be in varying maturities with respect to payment of annuities and may be in book-entry form. Monthly, no later than the last business day of the succeeding month, the corporation shall transfer to a lottery trust fund the amount of net revenues which the corporation determines are surplus to its needs. These funds shall be held in trust until 1990 at which time the General Assembly shall determine the manner in which the funds will be allocated and appropriated. The net revenues shall be determined by deducting from gross revenues the payment costs incurred in the operation and administration of the lottery, including the expenses of the corporation and the costs resulting from any contract or contracts entered into for promotional, advertising, or operational services or for the purchase or lease of lottery equipment and materials, fixed capital outlays, and the payment of prizes to the holders of winning tickets. After the start-up costs are paid, it is the intent of the Legislature that it shall be the goal of the corporation to transfer each year thirty-five percent (35%) of gross revenues to the general fund for the purposes stated above.(2) A Kentucky lottery trust account is established in the State Treasury. Net lottery revenues shall be credited to this restricted account as provided in subsection (1) of this section. Moneys credited to the Kentucky lottery trust account shall be invested by the state in accordance with state investment practices and all earnings from the investments shall accrue to this account. No moneys shall be allotted or expended from this account unless pursuant to an appropriation by the General Assembly, except that moneys as are needed shall be transferred to the general fund pursuant to the provisions of the Acts of the Extraordinary Session of the 1988 General Assembly. Moneys in the Kentucky lottery trust account shall not lapse at the close of the state fiscal year.(3) Each fiscal year, three million dollars ($3,000,000) from net lottery revenues from the sale of lottery tickets shall be credited from the general fund as follows:(a) To the Collaborative Center for Literacy Development, one million two hundred thousand dollars ($1,200,000); and(b) To the reading diagnostic and intervention fund, one million eight hundred thousand dollars ($1,800,000).(4) After the allocation of three million dollars ($3,000,000) to literacy development, as provided in subsection (3) of this section, net lottery revenues from the sale of lottery tickets shall be credited from the general fund as follows:(a) To the Wallace G. Wilkinson Kentucky educational excellence scholarship trust fund established in KRS 164.7877:1. Forty percent (40%) in fiscal year 2003-2004; and2. Forty-five percent (45%) in fiscal year 2004-2005 and each fiscal year thereafter; and(b) To the College Access Program and the Kentucky Tuition Grants Program established in KRS Chapter 164:1. Forty percent (40%) in fiscal year 2003-2004;2. Forty-five percent (45%) in fiscal year 2004-2005; and3. Fifty-five percent (55%) of net lottery revenues in fiscal year 2005-2006 and each fiscal year thereafter.(5) The Auditor of Public Accounts shall be responsible for a financial postaudit of the books and records of the corporation. The postaudit shall be conducted in accordance with generally accepted accounting principles, shall be paid for by the corporation, and shall be completed within ninety (90) days of the close of the corporation's fiscal year. The Auditor of Public Accounts shall contract with an independent, certified public accountant who meets the qualifications existing to do business within the Commonwealth of Kentucky to perform the corporation postaudit. The Auditor of Public Accounts shall remain responsible for the annual postaudit and the corporation shall pay all audit costs. The Auditor of Public Accounts may at any time conduct additional audits, including performance audits, of the corporation as he deems necessary or desirable. Contracts shall be entered into for audit services for a period not to exceed five (5) years and the same firm shall not receive two (2) consecutive audit contracts. All audits shall be filed with the Governor, the President of the Senate, and the Speaker of the House of Representatives. The corporation shall reimburse the Auditor of Public Accounts for the reasonable costs of any audits performed by him. The corporation shall cooperate with the Auditor of Public Accounts by giving employees designated by any of them access to facilities of the corporation for the purpose of efficient compliance with their respective responsibilities. With respect to any reimbursement that the corporation is required to pay to any agency, the corporation shall enter into an agreement with that agency under which the corporation shall pay to the agency an amount reasonably anticipated to cover the reimbursable expenses in advance of the expenses being incurred.

(6) By no later than December 31 of each year, in an advertisement at least one-fourth (1/4) of a page in size, the Kentucky Lottery Corporation shall publish the following information in every general-circulation daily newspaper published in Kentucky:(a) The statements of revenue, expenses, and changes in retained earnings as shown in the most recent annual audit report. It shall be explained that the transfer of dividends is the amount of lottery earnings transferred to the general fund;(b) A statement identifying the auditing firm;(c) A telephone number which citizens may call to obtain a complete copy of the annual audit report; and(d) The name of the president/chief executive officer of the Kentucky Lottery Corporation and a complete list of board members.

The Kentucky Lottery Corporation shall pay for the cost of the advertisement.

CHAPTER 157. STATE SUPPORT OF EDUCATIONSCHOOL FACILITIES CONSTRUCTION COMMISSION

157.630 Sale of bonds; publication area

Bonds of the commission shall be sold in such form and in such manner as the commission deems appropriate in accordance with prevailing market conditions. If the bonds are sold on the basis of sealed bids or proposals, the "publication area," as that term is used in KRS Chapter 424, shall not be deemed to be the area within which the office of the commission is situated, but shall be deemed to be the "publication area" of the board of education executing the lease. If the bonds are sold on the basis of sealed bids or proposals, the sale shall be publicly advertised by means of a notice conforming to the provisions of KRS 424.140, and the same shall be published at least one (1) time, at least seven (7) days in advance of the date set forth for opening bids, in a daily newspaper having bona fide general circulation throughout the Commonwealth. If such publication is made, it shall be sufficient for publication in the "publication area" to be made only one (1) time, at least seven (7) days in advance of the date set forth for the opening of bids. If a copy of the sale notice be delivered or transmitted in good faith to the qualified newspaper of the "publication area" in time for publication in an issue thereof published seven (7) days or more in advance of the date set forth for the opening of bids, and with direction for publication therein, any failure of such newspaper to make publication as directed shall not invalidate the sale of the bonds by the commission on the designated date, nor require postponement or cancellation thereof.

CHAPTER 158. CONDUCT OF SCHOOLS; SPECIAL PROGRAMSEDUCATIONAL IMPROVEMENT

158.6453 Assessment of achievement of goals; development of Commonwealth Accountability Testing System; components; high school and college readiness assessments; ACT and WorkKeys; accommodation for students with disabilities; assessment design; biennial plan for validation studies; local assessment; school report card; individual student report

(1) The Kentucky Board of Education shall be responsible for creating and implementing a statewide assessment program to be known as the Commonwealth Accountability Testing System to ensure school accountability for student achievement of the goals set forth in KRS 158.645 and 158.6451. The board shall seek the advice of the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the National Technical Advisory Panel on Assessment and Accountability in the development of the program. The statewide assessment program shall not include measurement of a student's ability to become a self-sufficient individual or to become a responsible member of a family, work group, or community.(2) The assessment program shall include the following components:(a) A customized or commercially available norm-referenced test that measures, to the extent possible, the core content for assessment. The test shall provide valid and reliable results for individual students;(b) Open-response or multiple-choice items, or both, to assess student skills in reading, mathematics, science, social studies, the arts, the humanities, and practical living and vocational studies; and an on-demand assessment of student writing. These assessments shall measure, to the extent possible, the core content for assessment;(c) Writing portfolios consisting of samples of student work. After receiving the advice of the Writing Advisory Committee, the Kentucky Board of Education shall, by September 1 following April 14, 1998, file a notice of intent to promulgate an administrative regulation which reduces the teacher and student time involved in preparing a writing portfolio. Time reduction strategies included in the administrative regulation may include, but are not limited to, limiting the time spent on a single portfolio entry, limiting the number of revisions, or collecting entries at different grade levels;(d) Performance assessment events for schools that have students enrolled in performing arts organizations sponsoring sanctioned events with an established protocol for adjudication; and(e) A technically sound longitudinal comparison of the assessment results for the same students.(3) The provisions of subsection (2) of this section shall apply to elementary schools, and shall also apply to middle and high schools, except as provided in subsections (4) to (8) of this section.

(4) No later than the 2007-2008 school year, and each year thereafter, the following provisions shall apply to the assessment program for middle and high schools:(a) The assessment program shall include:1. A high school readiness examination to assess English, reading, mathematics, and science in grade eight (8);2. A college readiness examination to assess English, reading, mathematics, and science in grade ten (10);3. The ACT college admissions and placement examination to assess English, reading, mathematics, and science, to be taken by all students in grade eleven (11); and4. Any other component necessary to comply with the No Child Left Behind Act of 2001, 20 U.S.C. sec. 6301 et seq., as determined by the United States Department of Education;(b) 1. A student whose scores on the high school readiness examination administered in grade eight (8) indicate a high degree of readiness for high school shall be counseled to enroll in accelerated courses; and2. A student whose scores on the college readiness examination administered in grade ten (10) or the ACT college admissions and placement examination administered in grade eleven (11) indicate a high degree of readiness for college shall be counseled to enroll in accelerated courses, with an emphasis on Advanced Placement classes;(c) The cost of the initial ACT examination administered to students in grade eleven (11) shall be paid for by the Kentucky Department of Education. The costs of additional ACT examinations shall be the responsibility of the student; and(d) The components of the middle and high school assessment program set forth in paragraph (a) of this subsection shall be administered in lieu of a customized or commercially available norm-referenced test under subsection (2)(a) of this section.(5) No later than the 2007-2008 school year, and each year thereafter, students in grades ten (10), eleven (11), and twelve (12) may take the WorkKeys assessments from ACT, Inc. in reading for information, locating information, and applied mathematics.(a) The costs of the initial WorkKeys assessments shall be paid by the Kentucky Department of Education. The cost of additional WorkKeys assessments shall be the responsibility of the student.(b) A student whose scores on the WorkKeys assessments indicate that additional assistance is required in reading for information, locating information, or applied mathematics shall have intervention strategies for accelerated learning incorporated into his or her learning plan.(c) A student meeting the WorkKeys threshold established by the Department of Workforce Investment shall be issued the appropriate Kentucky employability certificate.(6) (a) The Kentucky Department of Education shall conduct periodic studies comparing the standards in reading, mathematics, and science for middle and high schools within the Kentucky core content for assessment and the concepts and content measured by the ACT and the high school and college readiness examinations under subsection (4)(a) of this section.(b) If the department determines that reading, mathematics, and science assessments required under subsection (4)(a) of this section are shown to provide direct measures of content standards and concepts identified in the Kentucky core content for assessment, the Kentucky Board of Education shall seek the advice of the Office of Education Accountability, the School Curriculum, Assessment, and Accountability Council, and the National Technical Advisory Panel on Assessment and Accountability regarding reducing the number of questions on the Commonwealth Accountability Testing System.(c) The Kentucky Department of Education shall continue to include open-response or multiple-choice items, or both, that assess student knowledge and skills in reading, mathematics, and science to the degree necessary for adequate coverage of the elements of the Kentucky core content for assessment not covered by the examinations.(7) Accommodations provided by ACT, Inc. to a student with a disability taking the assessments under subsection (4)(a)3. of this section shall consist of:(a) Accommodations provided in a manner allowed by ACT, Inc. when results in test scores are reportable to a postsecondary institution for admissions and placement purposes, except as provided in paragraph (b) of this subsection; or(b) Accommodations provided in a manner allowed by a student's individualized education program as defined in KRS 158.281 for a student whose disability precludes valid assessment of his or her academic abilities using the accommodations provided under paragraph (a) of this subsection when the student's scores are not reportable to a postsecondary institution for admissions and placement purposes.(8) The assessments under subsections (4) and (5) of this section shall be known as the "Kentucky Work and College Readiness Examination" or "Readiness Examination."(9) Kentucky teachers shall have a significant role in the design of the assessments. The assessments shall be designed to:(a) Measure grade appropriate core academic content, basic skills, and higher-order thinking skills and their application. The assessment shall measure the core content for assessment used by the Department of Education during the 1997-98 school year. Any revisions to the core content for assessment shall be developed through a public process involving parents; educators at the elementary, secondary, and postsecondary education levels; professional education advocacy groups and organizations; and business and civic leaders and shall be distributed to all public schools;(b) Provide valid and reliable scores for schools. If scores are reported for students individually, they shall be valid and reliable; and(c) Minimize the time spent by teachers and students on assessment.(10) Results from the state assessment under this section shall be reported to the school districts and schools no later than one hundred fifty (150) days following the first day the assessment can be administered.(11) The Department of Education shall gather information to establish the validity of the assessment and accountability program. It shall develop a biennial plan for validation studies that shall include but not be limited to

the consistency of student results across multiple measures, the congruence of school scores with documented improvements in instructional practice and the school learning environment, and the potential for all scores to yield fair, consistent, and accurate student performance level and school accountability decisions. Validation activities shall take place in a timely manner and shall include a review of the accuracy of scores assigned to students and schools, as well as of the testing materials. The plan shall be submitted to the Commission by July 1 of the first year of each biennium. A summary of the findings shall be submitted to the Legislative Research Commission by September 1 of the second year of the biennium.(12) In addition to statewide testing for the purpose of determining school success, the board shall have the responsibility of assisting local school districts and schools in developing and using continuous assessment strategies needed to assure student progress. The continuous assessment shall provide diagnostic information to improve instruction to meet the needs of individual students.(13) The Kentucky Board of Education, after the Department of Education has received advice from the Office of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the National Technical Advisory Panel on Assessment and Accountability, shall promulgate an administrative regulation under KRS Chapter 13A to establish the components of a reporting structure for assessments administered under this section. The reporting structure shall include the following components:(a) A school report card that clearly communicates with parents and the public about school performance. The school report card shall be sent to the parents of the students of the districts, and a summary of the results for the district shall be published in the newspaper with the largest circulation in the county. It shall include but not be limited to the following components reported by race, gender, and disability when appropriate:1. Student academic achievement, including the results from each of the assessments administered under this section;2. Nonacademic achievement, including the school's attendance, retention, dropout rates, and student transition to adult life; and3. School learning environment, including measures of parental involvement;(b) An individual student report to parents for each fifth-grade student summarizing the student's readiness in reading and mathematics based on the student's fourth-grade state assessment results. The school's fifth-grade staff shall develop a plan for accelerated learning for any student with identified deficiencies;(c) An individual report for each student who takes a high school or college readiness examination administered under subsection (4)(a) of this section that:1. Provides the student's test scores;2. Provides a judgment regarding whether or not a student has met or failed to meet the expectations for each standard assessed; and3. Is designed to assist students, parents, and teachers to identify, assess, and remedy academic deficiencies prior to high school graduation; and(d) A student's scores on the ACT examination or WorkKeys assessments administered under subsections (4)(a) and (5) of this section and the ACT examination under KRS 158.6459(5) shall be recorded on his or her official high school transcript.

CHAPTER 160. SCHOOL DISTRICTSBOARDS OF EDUCATION

160.160 Boards of education; powers and procedures; approval of Department of Education required for mortgages, leases; rental payments under lease

(1) Each school district shall be under the management and control of a board of education consisting of five (5) members, except in counties containing a city of the first class wherein a merger pursuant to KRS 160.041 shall have been accomplished which shall have seven (7) members elected from the divisions and in the manner prescribed by KRS 160.210(5), to be known as the "Board of Education of...., Kentucky." Each board of education shall be a body politic and corporate with perpetual succession. It may sue and be sued; make contracts; expend funds necessary for liability insurance premiums and for the defense of any civil action brought against an individual board member in his official or individual capacity, or both, on account of an act made in the scope and course of his performance of legal duties as a board member; purchase, receive, hold, and sell property; issue its bonds to build and construct improvements; and do all things necessary to accomplish the purposes for which it is created. Each board of education shall elect a chairman and vice chairman from its membership in a manner and for a term prescribed by the board not to exceed two (2) years.(2) No board of education shall participate in any financing of school buildings, school improvements, appurtenances thereto, or furnishing and equipment, including education technology equipment without:(a) First establishing the cost of the project in advance of financing, based on the receipt of advertised, public, and competitive bids for such project, in accordance with KRS Chapter 424; and(b) Establishing the cost of financing in advance of the sale of any bonds, certificates of participation in any leases, or other evidences of financial commitments issued by or on behalf of such board. Any bonds, leases, participations, or other financial arrangements shall not involve a final commitment of the board until the purchaser or lender involved shall have been determined by public advertising in accordance with KRS Chapter 424.(3) No board of education shall make a mortgage, lien, or other encumbrance upon any school building owned by the board, or transfer title to any such school building as part of any financing arrangement, without the specific approval of the Department of Education, and without the transaction being entered into pursuant to a detailed plan

or procedure specifically authorized by Kentucky statute.(4) Without the approval of the Department of Education, no board may lease, as lessee, a building or public facility that has been or is to be financed at the request of the board or on its behalf through the issuance of bonds by another public body or by a nonprofit corporation serving as an agency and instrumentality of the board, or by a leasing corporation. Any lease, participation, or other financial arrangement shall not involve a final commitment of the board unless and until the purchaser or lender involved in same shall have been determined by public advertising in accordance with KRS Chapter 424. No transaction shall be entered into by the board except upon the basis of public advertising and competitive bidding in accordance with KRS Chapter 424.(5) Rental payments due by a board under a lease approved by the Department of Education in accordance with subsection (4) of this section shall be due and payable not less than ten (10) days prior to the interest due date for the bonds, notes, or other debt obligations issued to finance the building or public facility. If a board fails to make a rental payment when due under a lease, upon notification to the Department of Education by the paying agent, bond registrar, or trustee for the bonds not less than three (3) days prior to the interest due date, the Department of Education shall withhold or intercept any funds then due the board to the extent of the amount of the required payment on the bonds and remit the amount to the paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department of Education shall resolve the matter with the board and adjust remittances to the board to the extent of the amount paid by the Department of Education on the board's behalf.(6) Bonds, notes or leases negotiated to provide education technology shall not be sold for longer than seven (7) years or the useful life of the equipment as established by the state technology master plan, whichever is less.

160.210 Election of board members; appointments for openings with no candidate filings; change in boundary lines of divisions; boards in counties containing city of first class

(1) (a) In independent school districts, the members of the school board shall be elected from the district at large. In county school districts, members shall be elected from divisions.(b) If no candidate files a petition of nomination for a county board of education opening pursuant to KRS 118.315, the chief state school officer shall fill the new term of office for all openings that have no candidate filings under KRS 118.315 by appointing a member to the local board who meets the residency requirement and the qualifications for office provided in KRS 160.180. The local board of education may make nominations and any person may nominate himself or another for the office.(c) Unless a number of candidates equal to or greater than the number of positions to be filled file petitions for nomination for an independent board of education opening pursuant to KRS 118.315, the chief state school officer shall fill the new term of office for all openings that have no candidate filings under KRS 118.315 by appointing a member to the local board who meets the residency requirement and the qualifications for office provided in KRS 160.180. The local board of education may make nominations and any person may nominate himself or another for the office.(2) The board of education of each county school district shall, not later than July 1, 1940, divide its district into five (5) divisions containing integral voting precincts and as equal in population insofar as is practicable. In first dividing the county district into divisions the board shall, if more than one (1) of its members reside in one (1) division, determine by lot which member from that division shall represent that division, and which members shall represent the divisions in which no member resides. The members so determined to represent divisions in which no member resides shall be considered the members from those divisions until their terms expire, and thereafter the members from those divisions shall be nominated and elected as provided in KRS 160.200 and 160.220 to 160.250.(3) Any changes made in division boundary lines shall be to make divisions as equal in population and containing integral voting precincts insofar as is practical. No change may be made in division boundary lines less than five (5) years after the last change in any division lines, except in case of merger of districts, a change in territory due to annexation, or to allow compliance with KRS 117.055(2).(4) (a) Notwithstanding the provisions of subsection (3) of this section, if one hundred (100) residents of a county school district division petition the Kentucky Board of Education stating that the school district divisions are not divided as nearly equal in population as can reasonably be expected, the chief state school officer shall cause an investigation to determine the validity of the petition, the investigation to be completed within thirty (30) days after receipt of the petition.(b) If the investigation reveals the school district to be unequally divided according to population, the Kentucky Board of Education, upon the recommendation of the chief state school officer, shall order the local board of education to make changes in school district divisions as are necessary to equalize population within the five (5) school divisions.(c) If any board fails to comply with the order of the Kentucky Board of Education within thirty (30) days or prior to August 1 in any year in which any members of the board are to be elected, members shall be elected from the district at large until the order of the Kentucky Board of Education has been complied with.(d) No change shall be made in the boundary of any division under the provisions of this subsection after August 1 in the year in which a member of the school board is to be elected from any division.(5) Notwithstanding the provisions of subsection (2) of this section, in counties containing a city of the first class wherein a merger pursuant to KRS 160.041 shall have been accomplished, there shall be seven (7) divisions as equal in population as is practicable, with members elected from divisions. To be eligible to be elected from a division, a candidate must reside in that division. The divisions, based upon 1970 United States Census Bureau Reports on total population by census tracts for Jefferson County, Kentucky shall be as follows: Division One shall include census tracts 1-28; Division Two shall include census tracts 29-35, 47-53, 57-74, 80-84, 93, 129, 130; Division Three shall include census tracts 75-79, 85-88, 98-106, 107.01, 108; Division Four shall include census

tracts 121.01, 123-128; Division Five shall include census tracts 36-46, 56, 90, 120, 121.02, 122; Division Six shall include census tracts 54, 55, 91, 92, 94, 95, 110.02, 113, 114, 117.01, 117.02, 118, 119; Division Seven shall include census tracts 89, 96, 97, 107.02, 109, 110.01, 111, 112, 115, 116, 117.03, 131, 132. The terms of the members to be elected, KRS 160.044 notwithstanding, shall be four (4) years and the election for the initial four (4) year terms shall be as follows: The election of the members from Divisions Two, Four and Seven shall be held at the next regular November election following the effective date of the merger pursuant to KRS 160.041, and the election of the members from Divisions One, Three, Five and Six shall be held at the regular November election two (2) years thereafter.(6) In counties containing cities of the first class, responsibility for the establishment or the changing of school board division boundaries shall be with the local board of education, subject to the review and approval of the county board of elections. Where division and census tract boundaries do not coincide with existing election precinct boundaries, school board divisions shall be redrawn to comply with precinct boundaries. In no instance shall precinct boundaries be redrawn nor shall a precinct be divided to accommodate the drawing of school board division lines. Precinct boundaries nearest existing school board division boundaries shall become the new division boundary. All changes under this statute shall be completed on or before January 1, 1979, and on or before January 1 in any succeeding year in which a member of the school board is to be elected from any division. A record of all changes in division lines shall be kept in the offices of the county board of education and the county board of elections. The board of education shall publish all changes pursuant to KRS Chapter 424. A copy of the newspaper in which the notice is published shall be filed with the chief state school officer within ten (10) days following its publication.

160.463 Publication of financial statements of school systems in counties of 300,000

The school board of each public school system in any county having 300,000 or more inhabitants shall direct its superintendent to publish, in full, annually, in the newspaper of the largest general circulation in the county, the annual financial statements of the school system audited by certified public accountants or an accountant approved by the State Department of Education. Each system's financial statements shall be prepared and presented on a basis consistent with that of the other systems.

160.470 Tax rate limits; hearing; levy exceeding four percent increase subject to recall vote or reconsideration; levy of minimum equivalent tax rate

(1) (a) Notwithstanding any statutory provisions to the contrary, no district board of education shall levy a general tax rate which will produce more revenue, exclusive of revenue from net assessment growth as defined in KRS 132.010, than would be produced by application of the general tax rate that could have been levied in the preceding year to the preceding year's assessment, except as provided in subsections (9) and (10) of this section and KRS 157.440.(b) If an election is held as provided for in KRS 132.017 and the question should fail, such failure shall not reduce the "...general tax rate that could have been levied in the preceding year...," referred to in subsection (1)(a) of this section, for purposes of computing the general tax rate for succeeding years.

In the event of a merger of school districts, the limitations contained in this section shall be based upon the combined revenue of the merging districts, as computed under the provisions of this section.(2) No district board of education shall levy a general tax rate within the limits imposed in subsection (1) of this section which respectively exceeds the compensating tax rate defined in KRS 132.010, except as provided in subsections (9) and (10) of this section, KRS 157.440, and KRS 157.621, until the district board of education has complied with the provisions of subsection (7) of this section.(3) Upon receipt of property assessments from the Department of Revenue, the commissioner of education shall certify the following to each district board of education:(a) The general tax rate that a district board of education could levy under the provisions of subsection (1) of this section, and the amount of revenue expected to be produced;(b) The compensating tax rate as defined in KRS 132.010 for a district's general tax rate the amount of revenue expected to be produced;(c) The general tax rate which will produce, respectively, no more revenue from real property, exclusive of revenue from new property, than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, and the amount of revenue expected to be produced.(4) Upon completion of action on property assessment data, the Department of Revenue shall submit certified property assessment data as required in KRS 133.125 to the chief state school officer.(5) Within thirty (30) days after the district board of education has received its assessment data, the rates levied shall be forwarded to the Kentucky Board of Education for its approval or disapproval. The failure of the district board of education to furnish the rates within the time prescribed shall not invalidate any levy made thereafter.(6) (a) Each district board of education shall, on or before January 31 of each calendar year, formally and publicly examine detailed line item estimated revenues and proposed expenditures for the subsequent fiscal year. On or before May 30 of each calendar year, each district board of education shall adopt a tentative working budget which shall include a minimum reserve of two percent (2%) of the total budget.(b) Each district board of education shall submit to the Kentucky Board of Education no later than September 30, a close estimate or working budget which shall conform to the administrative regulations prescribed by the Kentucky

Board of Education.(7) (a) Except as provided in subsections (9) and (10) of this section and KRS 157.440, a district board of education proposing to levy a general tax rate within the limits of subsection (1) of this section which exceed the compensating tax rate defined in KRS 132.010 shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district or, in the event the taxing district has no office, or the office is not suitable for such a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.(b) The district board of education shall advertise the hearing by causing the following to be published at least twice for two (2) consecutive weeks, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches:1. The general tax rate levied in the preceding year, and the revenue produced by that rate;2. The general tax rate for the current year, and the revenue expected to be produced by that rate;3. The compensating general tax rate, and the revenue expected from it;4. The revenue expected from new property and personal property;5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;6. A time and place for the public hearing which shall be held not less than seven (7) days nor more than ten (10) days after the day that the second advertisement is published;7. The purpose of the hearing; and8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained herein.(c) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.(d) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The district board of education may set reasonable time limits for testimony.(8) (a) That portion of a general tax rate, except as provided in subsections (9) and (10) of this section, KRS 157.440, and KRS 157.621, levied by an action of a district board of education which will produce, respectively, revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, shall be subject to a recall vote or reconsideration by the district board of education as provided for in KRS 132.017, and shall be advertised as provided for in paragraph (b) of this subsection.(b) The district board of education shall, within seven (7) days following adoption of an ordinance, order, resolution, or motion to levy a general tax rate, except as provided in subsections (9) and (10) of this section and KRS 157.440, which will produce revenue from real property, exclusive of revenue from new property as defined in KRS 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010, cause the following to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches:1. The fact that the district board of education has adopted such a rate;2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS 132.010 is subject to recall; and3. The name, address, and telephone number of the county clerk of the county or urban-county in which the school district is located, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.(9) (a) Notwithstanding any statutory provisions to the contrary, effective for school years beginning after June 30, 1990, the board of education of each school district shall levy a minimum equivalent tax rate of thirty cents ($0.30) for general school purposes. Equivalent tax rate is defined as the rate which results when the income collected during the prior year from all taxes levied by the district for school purposes is divided by the total assessed value of property plus the assessment for motor vehicles certified by the Department of Revenue. School districts collecting school taxes authorized by KRS 160.593 to 160.597, 160.601 to 160.633, or 160.635 to 160.648 for less than twelve (12) months during a school year shall have included in income collected under this section the pro rata tax collection for twelve (12) months.(b) If a board fails to comply with paragraph (a) of this subsection, its members shall be subject to removal from office for willful neglect of duty pursuant to KRS 156.132.(10) A district board of education may levy a general tax rate that will produce revenue from real property, exclusive of revenue from new property, that is four percent (4%) over the amount of the revenue produced by the compensating tax rate as defined in KRS 132.010.

160.485 Occupational license fees, adoption; referendum procedure

(1) The imposition of license fees authorized hereby shall be by order or resolution of the fiscal court. There shall be no more than one (1) order or resolution passed in any one (1) calendar year. In the case of license fees required to be imposed pursuant to subsection (2) of KRS 160. 484, the fiscal court shall make the order or resolution within ten (10) days following receipt of the first request which makes subsection (2) of KRS 160.484 effective.(2) (a) The order or resolution of the fiscal court imposing license fees pursuant to subsections (1), (2), or (4) of KRS 160.484 shall go into effect forty-five (45) days after its passage.(b) During the forty-five (45) days next following the passage of the order or resolution, any five (5) qualified voters

who reside in the county may commence petition proceedings to protest the passage of the order or resolution by filing with the county clerk an affidavit stating that they constitute the petition committee and that they will be responsible for circulating the petition and filing it in the proper form within forty-five (45) days from the passage of the order or resolution. The affidavit shall state their names and addresses and specify the address to which all notices to the committee are to be sent. Upon receipt of the affidavit, the county clerk shall:1. At the time of filing of the affidavit, notify the petition committee of all statutory requirements for the filing of a valid petition under this section;2. At the time of the filing of the affidavit, notify the petition committee that the clerk will publish a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county, if such publication exists, if the petition committee remits an amount equal to the cost of publishing the notice determined in accordance with the provisions of KRS 424.160 at the time of the filing of the affidavit. If the petition committee elects to have the notice published, the clerk shall publish the notice within five (5) days of receipt of the affidavit; and3. Deliver a copy of the affidavit to the fiscal court and the impacted school districts.(c) The petition shall be filed with the county clerk within forty-five (45) days of the passage of the order or resolution. All papers of the petition shall be uniform in size and style and shall be assembled in one (1) instrument for filing. Each sheet of the petition shall contain the names of voters from one (1) voting precinct only, and shall include the name, number and designation of the precinct in which the voters signing the petition live. The inclusion of an invalid signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid signature being stricken and not counted. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, street address, and Social Security number or birthdate of the person signing. The petition shall be signed by a number of registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding presidential election.(d) Upon the filing of the petition with the county clerk, the order or resolution shall be suspended until after the election referred to in subsection (3) of this section is held, or until the petition is finally determined to be insufficient and no further action may be taken pursuant to paragraph (h) of this subsection.(e) The clerk shall immediately notify the fiscal court and the impacted school districts that the petition has been received and shall, within thirty (30) days of the receipt of the petition, make a determination of whether the petition contains enough signatures of qualified voters to place the order or resolution before the voters.(f) If the county clerk finds the petition to be sufficient, the clerk shall certify to the petition committee, the fiscal court, and the impacted school boards within the thirty (30) day period provided for in paragraph (e) of this subsection that the petition is properly presented and in compliance with the provisions of this section, and that the order or resolution levying the tax will be placed before the voters for approval.(g) If the county clerk finds the petition to be insufficient, the clerk shall, within the thirty (30) day period provided for in paragraph (e) of this subsection, notify, in writing, the petition committee, the fiscal court and the impacted school districts of the specific deficiencies found. Notification shall be sent by certified mail and shall be published at least one (1) time in a newspaper of general circulation within the county or, if there is no such newspaper, shall be posted at the courthouse door.(h) A final determination of the sufficiency of a petition shall be subject to final review by the Circuit Court of the county and shall be limited to the validity of the county clerk's determination. Any petition challenging the county clerk's final determination shall be filed within ten (10) days of the issuance of the clerk's final determination.(3) Upon validation of the petition, the fiscal court shall submit to the voters of the county at the next regular election or called common school district election, which shall be held not less than thirty-five (35) days nor more than forty-five (45) days from the date the signatures on the petition are validated by the county clerk, the question as to whether the license fees for common school purposes shall be levied. Any called common school election shall comply with the provisions of KRS 118.025. If the election is held in conjunction with a regular election, the question shall be submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The question shall be so framed that the voter may by his vote answer, "for" or "against." If a majority of the votes cast upon the question oppose its passage, the order or resolution shall not go into effect. If a majority of the votes cast upon the question favor its passage, the order or resolution shall go into effect.(4) License fees imposed pursuant to KRS 160.482 to 160.488 shall become effective on the date specified in the order or resolution, but no later than the first day of the calendar year first beginning after the day the order or resolution is made.

160.597 Levy recall procedure

Any school tax authorized by KRS 160.593 to 160.597, 160.601 to 160.633, and 160.635 to 160.648 may be recalled as follows:(1) (a) The order or resolution levying any of the school taxes designated in this section shall go into effect not less than forty-five (45) days nor more than ninety (90) days after its passage.(b) During the forty-five (45) days immediately following the passage of the order or resolution, any five (5) qualified voters who reside in the school district levying the tax may commence petition proceedings to protest the passage of the order or resolution by filing with the county clerk an affidavit stating that they constitute the petition committee and that they will be responsible for circulating the petition and filing it in the proper form within forty-five (45) days from the passage of the order or resolution. The affidavit shall state their names and addresses and specify the address to which all notices to the committee are to be sent. Upon receipt of the affidavit, the county clerk shall:1. At the time of filing of the affidavit, notify the petition committee of all statutory requirements for the filing of a

valid petition under this section;2. At the time of the filing of the affidavit, notify the petition committee that the clerk will publish a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county, if such publication exists, if the petition committee remits an amount equal to the cost of publishing the notice determined in accordance with the provisions of KRS 424.160 at the time of the filing of the affidavit. If the petition committee elects to have the notice published, the clerk shall publish the notice within five (5) days of receipt of the affidavit; and3. Deliver a copy of the affidavit to the school board or combined taxing district.(c) The petition shall be filed with the county clerk within forty-five (45) days of the passage of the order or resolution. All papers of the petition shall be uniform in size and style and shall be assembled in one (1) instrument for filing. Each sheet of the petition shall contain the names of voters from one (1) voting precinct only, and shall include the name, number and designation of the precinct in which the voters signing the petition live. The inclusion of an invalid signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid signature being stricken and not counted. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, street address, and Social Security number or birthdate of the person signing. The petition shall be signed by a number of registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding presidential election, except in consolidated local governments, where the petition shall be signed by a number of registered and qualified voters equal to at least five percent (5%) of the total number of votes cast in the last preceding presidential election.(d) Upon the filing of the petition with the county clerk, the order or resolution shall be suspended from going into effect for that district until after the election provided for in subsection (2) of this section is held, or until the petition is finally determined to be insufficient and no further action may be taken pursuant to paragraph (h) of this subsection.(e) The county clerk shall immediately notify the school board or combined taxing district that the petition has been received and shall, within thirty (30) days of receipt of the petition, make a determination of whether the petition contains enough signatures of qualified voters to place the order or resolution before the voters.(f) If the county clerk finds the petition to be sufficient, the clerk shall certify to the school board or combined taxing district and the petition committee within the thirty (30) day period provided for in paragraph (e) of this subsection, that the petition is properly presented and in compliance with the provisions of this section, and that the order or resolution levying the tax will be placed before the voters for approval.(g) If the county clerk finds the petition to be insufficient, the clerk shall, within the thirty (30) day period provided for in paragraph (e) of this subsection, notify, in writing, the petition committee and the school district or combined taxing district levying the tax of the specific deficiencies found. Notification shall be sent by certified mail, and shall be published at least one (1) time in a newspaper of general circulation within the county containing the school district levying the tax or, if there is no such newspaper, shall be posted at the courthouse door.(h) A final determination of the sufficiency of a petition shall be subject to final review by the Circuit Court of the county in which the school district is located, and shall be limited to the validity of the county clerk's determination. Any petition challenging the county clerk's final determination shall be filed within ten (10) days of the issuance of the clerk's final determination.(2) If the petition is sufficient, the county clerk shall, at the option of the district board of education, either submit the question to the voters of the school district at the next regular election or submit the question to the voters of the school district at a called common school election, which is to be held not less than thirty-five (35) days nor more than forty-five (45) days from the date the signatures on the petition are validated by the county clerk. Any called common school election shall comply with the provisions of KRS 118.025. If the election is to be held in conjunction with a regular election, the question shall be submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The question shall be so framed that the voter may by his vote answer, "for" or "against." If a majority of the votes cast in a district or combined taxing district upon the question oppose its passage, the order or resolution shall not go into effect in that district or combined taxing district. If a majority of the votes cast in a district or combined taxing district upon the question favor its passage, the order or resolution shall go into effect in that district. If the election is to be held in more than one (1) school district within a county, the votes shall be counted separately. The cost of a called common school election shall be borne by the school district causing the election to be held.(3) If any statute in existence on June 17, 1978, is found to be in conflict with any provision of this section, the provisions of this section shall prevail.

160.603 Notice and hearing before levy

No school district board of education shall levy any of the school taxes authorized by KRS 160.593 to 160.597, 160.601 to 160.633, and 160.635 to 160.648, except the levy required by KRS 160.614(3), until after compliance with the following:(1) The school district board of education desiring to levy any one (1) of these taxes shall give notice of any proposed levy of one (1) of the school taxes. Notwithstanding any statutory provisions to the contrary, notice shall be given by causing to be published, at least one (1) time in a newspaper of general circulation published in the county or by posting at the courthouse door if there be no such newspaper, the fact that such levy is being proposed. The advertisement shall state that the district board of education will meet at a place and on a day fixed in the advertisement, not earlier than one (1) week and not later than two (2) weeks from the date of the advertisement, for the purpose of hearing comments and complaints regarding the proposed increase and explaining the reasons for such proposal.

(2) The school district board of education shall conduct a public hearing at the place and on the date advertised for the purpose of hearing comments and complaints regarding the proposed levy and explaining the reasons for such proposal.(3) In the event that a combined taxing district desires to levy any one (1) of these taxes, the boards of education shall make a joint advertisement and hold a joint hearing in the manner prescribed heretofore for an individual school district.

160.614 Tax on gross receipts from furnishing of cable television services

(1) A utility gross receipts license tax initially levied by a school district board of education on or after July 13, 1990, shall be levied on the gross receipts derived from the furnishing of cable service in addition to the gross receipts derived from the furnishing of the utility services defined in KRS 160.6131.(2) A utility gross receipts license tax initially levied by a school district board of education prior to July 13, 1990, shall be levied on the gross receipts derived from the furnishing of cable service, in addition to the gross receipts derived from the furnishing of the utility services defined in KRS 160.6131, if the school district board of education repeats the notice and hearing requirements of KRS 160.603, but only as to the levy of the tax on the gross receipts derived from the furnishing of cable service.(3) A utility gross receipts license tax initially levied by a school district board of education on or after July 1, 2005, shall include the gross receipts derived from the furnishing of direct satellite broadcast and wireless cable service in addition to the gross receipts derived from the furnishing of utility services defined in KRS 160.6131 and cable service.(4) Any school district that has cable service included in the base of a utility gross receipts tax levied prior to July 1, 2005, shall, as of July 1, 2005, include gross receipts derived from the furnishing of direct satellite broadcast and wireless cable service in the base of its utility gross receipts tax at the same rate as applied to cable service, unless the school district board of education chooses to opt out of this requirement by following the procedures set forth in subsection (5) of this section.(5) Any school district board of education may elect to opt out of the base expansion required by subsection (4) of this section. However, any district electing to opt out of the provisions of subsection (4) of this section shall also remove from the base of its utility gross receipts tax all gross receipts from the furnishing of cable service. To opt out of the provisions of subsection (4) of this section, a school district board of education shall, before May 1, 2005:(a) Determine the amount of revenue that will be lost from removing gross receipts of cable service from the base of the utility gross receipts tax, and how that revenue will be replaced; and(b) Provide written notice of the intent to opt out of the base expansion required by subsection (4) of this section to the Department of Revenue, the Department of Education, all cable service providers operating in the district, and the public.1. Notice to the public shall be accomplished through the publication at least one (1) time in a newspaper of general circulation in the county, or by a posting at the courthouse door if there is no such newspaper, of the fact that the district board has elected to opt out of the base expansion required by subsection (4) of this section. The notice shall include the following information:a. The amount of revenue that will be lost from removing gross receipts of cable service from the base of the utility gross receipts tax and how that revenue will be replaced; andb. The date, time, and location of a meeting of the board, not earlier than one (1) week or later than two (2) weeks from the date of the notice, for the purpose of hearing comments regarding the proposed action of the board, and explaining the reasons for the proposed action.2. The board of education shall conduct a public hearing at the place and on the date and time provided in the notice for the purpose of hearing comments regarding the proposed action of the board, and explaining the reasons for the proposed action.

CHAPTER 162. SCHOOL PROPERTY AND BUILDINGSSCHOOL BUILDINGS

162.065 Administrative regulations for use by local school boards when constructing schools using construction managers

The State Board of Education shall promulgate administrative regulations for use by local school boards when constructing school buildings using construction managers. A construction manager is an experienced and qualified construction contracting organization that is paid a fee for its professional management and supervision services. The regulations shall include, but not be limited to:(1) A standard "Request for Proposal" form, including appropriate criteria for use by local school boards to ensure only qualified construction managers are considered:(a) A list of successfully completed projects or a demonstrated capability to perform projects of a similar type;(b) A descriptive detail of projects showing the experience and the ability to perform budget estimating, value engineering, and scheduling; and(c) A list of experienced and qualified personnel with a track record of achieved quality and the capability to provide bidder solicitation;

(2) Adequate public notice of the invitation for proposals shall be given a sufficient time prior to the date set for the opening of proposals;(3) A requirement for bids, when requested by a construction manager, be submitted to the architect or owner and opened in public;(4) A requirement that all bids for school construction projects be advertised in newspapers with the largest local circulation;(5) A sample fee schedule for construction manager services shall be developed by recommendation of a diversified committee consisting of Department of Education personnel, architects, and construction managers for the guidance of local school boards;(6) A requirement that established qualifications-based selection procedures be implemented by local boards when selecting firms to provide architectural and engineering services.

162.070 Contracts for buildings, improvements, and materials to be let on competitive bidding; when advertisements not required

The contracts for the erection of new school buildings, additions and repairs to old buildings, except additions or repairs not exceeding seven thousand five hundred dollars ($7,500), shall be made by the board of education with the lowest and best responsible bidder complying with the terms of the letting, after advertisement for competitive bids pursuant to KRS Chapter 424, but the board may reject any or all bids. All necessary specifications and drawings shall be prepared for all such work. The board shall advertise for bids on all supplies and equipment that it desires to purchase, except where the amount of the purchase does not exceed seven thousand five hundred dollars ($7,500), and shall accept the bid of the lowest and best bidder, but the board may reject any and all bids.

162.620 Sale of bonds; conditions

Bonds of the authority shall be sold only upon the basis of sealed bids or proposals, publicly solicited, received, opened and acted upon. The "publication area," as that term is used in KRS Chapter 424, shall not be deemed to be the area within which the office of the authority is situated, but shall be deemed to be the "publication area" of the board of education executing the lease. Each sale shall be publicly advertised by means of a notice conforming to the provisions of KRS 424.140(3), and the same shall be published at least one (1) time, at least seven (7) days in advance of the date set forth for opening bids, in a daily newspaper having bona fide general circulation throughout the Commonwealth. If such publication is made, it shall be sufficient for publication in the "publication area" to be made only one (1) time, at least seven (7) days in advance of the date set forth for the opening of bids, notwithstanding provisions for publication more often as provided in KRS Chapter 424. If a copy of the sale notice be delivered or transmitted in good faith to the qualified newspaper of the "publication area" in time for publication in an issue thereof published seven (7) days or more in advance of the date set forth for the opening of bids, and with direction for publication therein, any failure of such newspaper to make publication as directed shall not invalidate the sale of the bonds by the authority on the designated date, nor require postponement or cancellation thereof.

CHAPTER 164. STATE UNIVERSITIES AND COLLEGES; REGIONAL EDUCATION; ARCHAEOLOGYEXTENSION DISTRICTS

164.625 Regulations, authority, and duty of director of extension; extension council, membership, bylaws

(1) The director of extension is hereby authorized to promulgate regulations relating to the establishment of and continuation of extension councils. Said regulations may apply to a specific county.(2) An extension council shall be established for each extension district. Each extension council shall be organized under regulations approved by the director of extension and shall be comprised of not less than fifteen (15) citizens nor more than forty (40) citizens of the county in which the extension district is located, subject to the provisions of subsection (2) of KRS 164.635. All members of the extension council shall be appointed by the county groups and organizations of the county whose major interest is in agriculture and home economics such as farm bureaus, homemaker councils, 4-H Club councils and various commodity groups but is not necessarily limited to those mentioned. In event of question the eligibility of a group to appoint to the extension council shall be determined by the director of extension. The number of members of each extension council shall be determined by the size of the county, the diversity of agricultural interests of the county, and other like factors and shall be according to regulations mentioned in subsection (1) of this section. Each extension council shall adopt a set of bylaws providing for its operation and terms of membership according to the same regulations.(3) All regulations issued under the provisions of this section shall be filed in accordance with KRS Chapter 13A. Immediately after filing, the director of extension shall cause the text of every regulation to be published pursuant to KRS Chapter 424. The director of extension shall also mail two (2) copies of every regulation to the county clerk of the county in which the regulation is applicable, one (1) copy of which shall be posted on the courthouse door or bulletin board. Additional distribution may be made at the discretion of the director of extension.

164.655 Extension board, powers and duties

The extension board of each extension district shall have the following powers and duties:(1) To serve as an agency of the Commonwealth and to manage and transact all of the business and affairs of its district and have authority to acquire property necessary for the conduct of the business of the district for the purposes of KRS 164.605 to 164.675;(2) To enter into an annual memorandum of agreement with the extension service and the extension district. This memorandum of agreement shall set forth the policy pertaining to (a) appointment of personnel to serve in the district, (b) financing of extension work in the district, and (c) responsibilities of the cooperating parties in planning and executing the program;(3) To, and shall as soon as possible following the first meeting in which the officers are elected and annually thereafter, file in the office of the county clerk a certificate signed by its chairman and secretary, certifying the names, addresses and terms of office of each member and the names and addresses of the officers of the extension board with the signatures of the officers affixed thereto, and said certificate shall be conclusive as to the organization of the extension district, its extension board and as to its members and its officers;(4) With the advice of the extension council, to make and adopt such rules and regulations not inconsistent with the law as it may deem necessary for its own government in the transaction of the business of the extension district;(5) To cooperate with the extension service and the extension council in conducting an extension program in agriculture, home economics, youth work and related subjects in the extension district. Said program shall be planned and executed upon the advice, recommendations and assistance of the extension council with the board to make final decisions;(6) To cooperate with other extension districts in the employment of personnel, conduct of programs and sponsorship of activities for the mutual benefit of each;(7) To cooperate with all extension organizations, farm organizations, state and federal agencies, civic clubs and any other organizations who may be interested in and willing to cooperate in conducting the extension programs in the extension district;(8) To prepare annually not later than April 15 of each year in cooperation with the director of extension an extension district budget for the ensuing year. This budget shall be prepared with consideration being given to the advice and recommendations of the extension council, must be consistent with financing policies of the extension service and shall reflect the agricultural, home economics, youth and related subject matter needs of people in the extension district;(9) To deposit all district extension education funds in a bank or banks approved by it in the name of the extension district. These receipts shall constitute a fund known as the district cooperative extension education fund which shall be disbursed by the treasurer of the extension board in accordance with the annual budget and the annual memorandum of agreement between the board and the extension service;(10) To, from time to time when necessary and on approval of the fiscal court, borrow such funds as may be required to meet the financial obligations of the extension district; provided, however, that the extension board cannot in any fiscal year incur indebtedness in an amount which would be in excess of the anticipated revenue of said district for the fiscal year. The amount of the anticipated revenue shall be certified to said board by the fiscal court of the county in which the district is located;(11) To expand the district cooperative extension education fund for salaries and travel expense of extension personnel, rental, office supplies, equipment, communications, office facilities, services and property acquisition and in payment of such other items as may be necessary to carry out the extension district program;(12) To carry over unexpended district cooperative extension education funds into the next fiscal year so that funds will be available to carry on the program; provided, however, that such anticipated carry-over funds shall be taken into consideration in the formulation of the extension district budget for the ensuing year;(13) To file with the county fiscal court or board of commissioners and directors of extension and to publish in one (1) newspaper of general circulation in the county before October 1 of each year a report under oath of all receipts and expenditures of such district cooperative extension education funds showing from whom received, to whom paid and for what purpose for the last fiscal year;(14) To be remunerated from the district cooperative extension education fund for actual expenses incurred in the performance of services for the extension district; provided, however, that payments for expenses must be approved by the extension board;(15) To accept contributions from fiscal courts and boards of education for use in conducting extension work in the extension district as provided for under KRS 247.080;(16) To accept private funds for use in conducting extension work in the extension district; provided, however, that the acceptance of all such contributions must be approved by the director of extension; and(17) To collect reasonable fees for specific services which require special equipment or personnel such as soil testing services, seed testing services or other services in support of the educational program of the extension district.

CHAPTER 171. STATE LIBRARIES; LIBRARIANS; STATE ARCHIVES AND RECORDSKENTUCKY HERITAGE COUNCIL

171.382 Proposed nomination to National Register of Historic Places; notice; hearing

(1) Prior to deciding whether to nominate a district, site, building, or object to the National Register of Historic

Places created by the National Historic Preservation Act of 1966, the Kentucky Historic Preservation Review Board and the Kentucky Heritage Commission shall afford persons desiring to comment on the proposed nomination the opportunity to be heard by the board, in accordance with subsection (2) of this section.(2) The Kentucky Heritage Commission shall give public notice of the proposed nomination of any district, site, building, or object to the National Register of Historic Places before such nomination is presented to the Kentucky Historic Preservation Review Board. The notice shall be published in the county in which the district, site, building, or object is located in accordance with KRS Chapter 424, except that the notice shall be published only one (1) time, at least thirty (30) days prior to the review board's consideration of the nomination. The notice shall state the time and place of the meeting at which the nomination is to be considered and shall indicate that any person desiring to be heard by the historic preservation review board shall be afforded the opportunity to comment on the proposed nomination.

CHAPTER 174. TRANSPORTATION CABINET

174.100 Public hearing required prior to expenditure by unit of local government of state-derived tax revenues on roads; effect of hearing; exceptions

Before any unit of local government expends state-derived tax revenues on a state rural, secondary, county road or municipal highway, road, street, or county or municipal bridge, it shall hold a hearing in accordance with the provisions of this section to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.(1) Prior to the contemplated date of expenditure of state-derived tax revenues on a road or bridge by a unit of local government, that unit of government shall hold a public hearing to take the sense of the public with regard to road and bridge matters within the unit of local government. Notice of the hearing shall be given not less than seven (7) days nor more than twenty-one (21) days before the scheduled date of the public hearing and before beginning work on any project covered by this section.(2) At the hearing, any person may speak with regard to any proposed project, any project which he feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.(3) The unit of local government holding the hearing shall not be bound by the testimony heard at the hearing but shall give due consideration to it.(4) No unit of local government shall begin construction on a road or bridge project in which state-derived tax revenues are involved until the hearing as provided in this section has been held.(5) This section shall not be construed to require a separate hearing for each project. A single hearing encompassing the entire road and bridge program, if all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this section.(6) The provisions of this section shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.(7) The provisions of this section shall not apply to projects which were under construction as of July 15, 1980, unless construction was suspended after that date and the unit of local government desires to reactivate the project.

CHAPTER 176. DEPARTMENT OF HIGHWAYS

176.051 Department to eradicate noxious weeds on right-of-ways; advertisement of program

(1) The Department of Highways shall keep all state right-of-ways free of the species of grass, Sorghum halepense, commonly known as Johnson grass, and the species of weed commonly known as giant foxtail, both of which are noxious weeds, and the thistles Cirsium arvense and Carduus nutans, commonly known as Canada thistles and nodding thistles, respectively, multiflora rose, wild cucumber, and black nightshade; and, upon written request, shall give priority to any abutting property owner engaged in a program of eradication of Johnson grass, giant foxtail, Canada thistles, nodding thistles, multiflora rose, kudzu, wild cucumber, and black nightshade; and shall cooperate with the abutting owner by eradicating the Johnson grass, giant foxtail, Canada thistles, nodding thistles, multiflora rose, kudzu, wild cucumber, and black nightshade from abutting state right-of-ways. The department shall take steps to eradicate this grass and these weeds or thistles by the use of chemicals or any other means found to be effective by the department.(2) The Department of Highways shall inform property owners of the availability of the eradication program. In carrying out this responsibility the department shall, no later than the first week in March of every year, advertise in each county, pursuant to the provisions of KRS Chapter 424 that the program is available. The department shall stipulate in the advertisement the place and manner in which an interested property owner may make a written request for inclusion in the program.

176.070 Advertisement for bids

(1) After surveys, plans, specifications and estimates have been completed for any road or section thereof, and

the type and character of the road has been determined, and the right-of-way obtained, the bureau shall advertise by publication pursuant to KRS Chapter 424, for bids on the work, and may contract for the purchase of all materials necessary for the construction and maintenance of roads.(2) Before advertising for bids for the construction or reconstruction of any highway, the department may determine the type of improvement desired, and may advertise and receive bids for only the types determined. The advertisement shall make it generally known that the work is to be done, and shall state the place where the bidders may examine the plans and specifications.

176.400 Covered wooden bridges; administrative control; title; maintenance

(1) Administrative control of covered wooden bridges designated as state shrines shall be shared by the Transportation Cabinet, the Department of Parks, the Kentucky Heritage Council, and the authorities created under KRS 176.410.(2) The Transportation Cabinet shall maintain all covered wooden bridges in the Commonwealth which are on public roads and open to vehicular traffic. The cabinet shall maintain the bridges for safety and for historical and aesthetic beauty. The cabinet shall prepare estimates of the cost of maintaining covered wooden bridges which are on public roads and open to vehicular traffic and shall identify and include the total of these estimates in its biennial budget request.(3) The cabinet may delegate its responsibility for maintenance of covered bridges located on roads maintained by a county to the local government responsible for such roads. Delegation of responsibility for maintenance of covered bridges to a local government shall require periodic inspection by the cabinet.(4) Nothing in this section shall prevent an appropriate unit of government from closing a covered wooden bridge to vehicular traffic.(5) The Department of Parks shall be responsible for all covered wooden bridges located in the Commonwealth which are on public property and no longer open to vehicular traffic. The department shall maintain these bridges in sound structural condition and for historical and aesthetic beauty. The department shall prepare estimates of the cost of maintaining covered wooden bridges for which it has a responsibility and shall identify and include the total of these estimates in its biennial budget request.(6) When an appropriation is made to a covered wooden bridge authority created under the provisions of KRS 176.410, the Department of Parks shall transfer the obligation of maintenance for the bridges designated in the appropriation to that authority.(7) An authority may retransfer the right of possession or title and the obligation of maintenance of covered bridges under its jurisdiction to the Department of Parks.(8) The Heritage Division of the Kentucky Heritage Council may determine that an authority is inactive or unable to discharge its responsibilities and may transfer the right of title or possession to covered bridges under the jurisdiction of the authority to the Department of Parks. The division shall give notice of such an action to the authority and the Department of Parks.(9) (a) Prior to administering a project that involves the preservation, restoration, or maintenance of a covered wooden bridge, the administering entity shall:1. Consider all recommendations submitted pursuant to KRS 176.410 by a covered wooden bridge authority pertaining to any bridge involved in the project;2. Consult with the covered wooden bridge authority dedicated to the preservation, restoration, and maintenance of any bridge involved in the project, if such an authority exists; and3. Hold at least one (1) public hearing within the county in which the bridge is located, with due notice given pursuant to KRS Chapter 424. The public hearing shall be held no later than sixty (60) days prior to the date the project is commenced or contracted, whichever is earlier.(b) The requirements of paragraph (a) of this subsection shall not apply to any emergency maintenance project that involves a covered wooden bridge if the project cost is less than fifty thousand dollars ($50,000).(10) In addition to the requirements set forth in subsection (9) of this section, any project that involves the preservation, restoration, or maintenance of a covered wooden bridge shall require approval by the Kentucky Heritage Council prior to the date the project is commenced or contracted, whichever is earlier.

CHAPTER 177. STATE AND FEDERAL HIGHWAYS; LIMITED ACCESS FACILITIES; TURNPIKES; ROAD BONDS; BILLBOARDS; RECYCLERSRAILROAD CROSSINGS

177.020 State primary roads to be designated and controlled by the Department of Highways; notice to fiscal court and affected citizens; definition of rural and secondary roads; transfer of county roads to rural secondary system

(1) The state primary road system shall consist of such public roads and city streets within the state as the Department of Highways determines shall be established, constructed, or maintained by the Department of Highways.(2) The department shall, in its discretion, determine which public roads, or city streets, shall be established, constructed, or maintained by it, and shall determine the type of construction or maintenance for that road or city street.

(3) In the establishment of the state primary road system, the Department of Highways is authorized to select new routes, deviate from an existing route whenever it deems such deviation proper, eliminate from the state primary system roads or city streets which have been replaced as proper part of the system by the construction of a new facility or the selection of a new route. No permanent ingress or egress ramp of the state primary road system on fully controlled access facilities shall be closed, except for repairs, unless a public hearing is first held in the area to be affected by the closing. The Department of Highways shall, at least twenty (20) days before the hearing, advertise in a newspaper of general circulation in the area to be affected by the closing, the date, time, and place of the hearing.(4) Prior to the advertisement for bids on any highway construction project, the Department of Highways shall meet with the fiscal court in the jurisdiction of the construction project for the purpose of advising the fiscal court of any state road or road segment which the department may seek to eliminate from the state primary road system upon completion of that highway construction project. The requirement of this subsection shall be in addition to the requirements of subsection (5) of this section.(5) The department shall notify the fiscal court of the county at least four (4) months before it eliminates a road, road segment, bridge, or street in that county from the state primary road system. Upon receiving notice, the fiscal court may reject title and notify the department that the road shall not become part of the county road system. If the fiscal court declines, the department shall give notice to all private persons entitled to a necessary access over this road of their rights under this chapter; and, by petition of any private party entitled to such access, the road shall be deemed a discontinued state road and shall be closed to public use but remain open in accordance with its condition and use for the access of the private parties involved. In the absence of such petition, title shall be transferred to the owner or owners of the tract or tracts of land to which the road originally belonged.(6) As used in this section, the term "rural secondary roads" shall mean such system of roads in this state which are usually considered farm to market roads and that were classified as part of the rural secondary road system by the Department of Highways on January 1, 1986. By January 1, 1987, the Department of Intergovernmental Programs shall meet with the fiscal courts in each of the counties to receive recommendations regarding the transfer of roads, included as part of the county road system on January 1, 1986, to the rural secondary system. Prior to such meeting with the Department of Intergovernmental Programs, the fiscal court shall consult with the legislative bodies of municipalities within the county regarding their recommendations for the transfer of county roads located within the jurisdiction of the municipality. On July 1, 1987, the Transportation Cabinet shall by official order accept at least two thousand (2,000) miles of roads in the county road system into the rural secondary system. In accepting such roads into the rural secondary system, the Transportation Cabinet shall accept in each county at least seventy-five percent (75%) of the total number of miles in each county determined by multiplying the total number of county road miles accepted in the rural secondary system by the percentage of county road aid funds received in each county in fiscal year 1984-85 compared to the total amount of county road aid funds generated in fiscal year 1984-85. The determination of the total funds received by each county from the county road aid program in fiscal year 1984-85 and the total amount of county road aid funds generated in fiscal year 1984-85 shall be made by the Department of Intergovernmental Programs. The roads so transferred shall be maintained with the proceeds of the provisions of KRS 177.320(1) and in no case shall the rural secondary system, as defined in this subsection, be less than eleven thousand eight hundred (11,800) miles.(7) The establishment, construction, or maintenance of the state primary road system shall be under the direction and control of the Department of Highways. The commissioner of highways is authorized to adopt regulations necessary to the administration of this authority.

177.120 Department may order elimination of grade crossings or substitution; standards to be set by administrative regulations; closure of grade crossings

(1) Whenever the department considers it necessary for the public safety, it may order any railroad company owning or operating a railroad in this state, to eliminate any grade crossing or change any existing overhead or underpass structure where any public road crosses the railroad tracks of the company. The department may determine whether a substitute crossing should be established and if so, the location of the crossing to be substituted, and whether it shall pass over or under the railroad tracks or intersect them at grade.(2) In accordance with this section, the department shall promulgate administrative regulations by December 1, 1992, that contain standards governing the closure of public grade crossings. In adopting standards, the department shall request and consider written comments from affected local governments and shall consider that the number of redundant and inherently dangerous grade crossings in this state should be reduced and that public safety will be enhanced by reducing the number of redundant and inherently dangerous grade crossings.(3) On or before July 1, 1993, and on or before July 1 of each of the next four (4) years, and as necessary thereafter, the department shall compose a list of grade crossings proposed to be closed. The list shall be developed by applying the standards set forth in the administrative regulations adopted under subsection (2) of this section. Grade crossings that are part of an abandonment, closing, or removal shall not be included in the list. The department shall notify the public officials having the necessary authority and the railway companies operating the railroads of the proposed closures. Either affected party may request a public hearing, and if requested, the department shall hold a public hearing and apply in its determination the information gained at the public hearing and administrative regulations developed under subsection (2) of this section. If after the hearing the department determines that closure is warranted, it may order the crossing closed.(4) If a request for a hearing on a particular crossing is not received within thirty (30) days of notice of the opportunity for a public hearing advertised pursuant to the requirements of KRS Chapter 424, the department shall order the crossing closed.

177.605 Advertisements for bids before sale of bonds; bids to be in writing and sealed; opening of bids; rejection; premium and accrued interest to be deposited in sinking fund; destruction of matured coupons; cost of advertising

Before any of said bonds shall be sold, said State Property and Buildings Commission shall advertise not less than once in each of the four (4) weeks preceding the day of sale in at least three (3) newspapers of general circulation in Kentucky and in some one (1) or more recognized financial journals published in the city of New York for bids therefor, and all bids shall be in writing and sealed, and on the day fixed therefor shall be publicly opened by the State Property and Buildings Commission at a time and place designated in the advertisement for bids. None of said bonds shall be sold at less than par and accrued interest, and each advertisement for bids shall so state. Said bonds shall be sold to the highest and best bidder. Said State Property and Buildings Commission shall have the right to reject any and all bids. Any premium and accrued interest received shall be deposited in the sinking fund provided by KRS 177.580 to 177.630 for the payment of said bonds and interest thereon. On the sale of said bonds, all matured coupons shall be detached and destroyed by the State Property and Buildings Commission and a record made of such destruction. The cost incurred by the State Property and Buildings Commission in advertising for bids and in making the sale of said bonds shall be certified by said commission to the Finance and Administration Cabinet and shall be paid out of the state road fund.

177.800 Bonds to be sold at public sale or sales; manner of advertising; interest rates to be established by the commission and may be determined on basis of competition

The bonds shall be sold by the commission, in its discretion, at one (1) sale or from time to time as funds are required for the identified purposes. Each sale shall be upon sealed purchase bids which shall be publicly opened and considered after solicitation at least ten (10) days in advance by publication of a notice at least one (1) time in a financial newspaper or journal published in the City and State of New York, and by advertisement by publication pursuant to KRS Chapter 424. The commission may fix one (1) or more interest rates by resolutions adopted prior to publication of the advertisement, or may notify bidders to stipulate in their bids one (1) or more interest rates of their own choosing and fix the rate or rates by resolution when action is taken upon the bids. The commission shall reserve the right to reject bids.

CHAPTER 178. COUNTY ROADS; GRADE CROSSING ELIMINATION

178.050 Notice and advertisement of establishment, alteration or discontinuance, and of letting of contracts

(1) No county road shall be established or discontinued, or the location thereof changed unless due notice thereof has been given according to the provisions of this chapter.(2) Notices and advertisements for the establishment, alteration or discontinuance of any county road, bridge or landing, and all notices and advertisements for the letting of contracts for construction or maintenance of county roads and bridges under the provisions of this chapter shall be published pursuant to KRS Chapter 424 by the county road engineer. 178.180 Commissioners may be appointed to handle proceeds of bonds

(1) The fiscal court of any county may select or appoint four (4) or more commissioners who are freeholders and legal voters and residents of the county, to act as a road commission in the handling of any funds derived from the sale of bonds authorized and voted by the county for the purpose of constructing and reconstructing roads and bridges. The commissioners shall be equally divided between the two (2) dominant political parties of the county.(2) The commissioners shall each give a bond, approved by the county judge/executive. The commissioners shall be allowed a reasonable compensation for their services by the fiscal court, to be paid out of the county road fund.(3) The commissioners shall be selected at least fifteen (15) days before the date of the election on the question of the bond issue, and their names shall be published pursuant to KRS Chapter 424.

178.180 Commissioners may be appointed to handle proceeds of bonds

(1) The fiscal court of any county may select or appoint four (4) or more commissioners who are freeholders and legal voters and residents of the county, to act as a road commission in the handling of any funds derived from the sale of bonds authorized and voted by the county for the purpose of constructing and reconstructing roads and bridges. The commissioners shall be equally divided between the two (2) dominant political parties of the county.(2) The commissioners shall each give a bond, approved by the county judge/executive. The commissioners shall be allowed a reasonable compensation for their services by the fiscal court, to be paid out of the county road fund.(3) The commissioners shall be selected at least fifteen (15) days before the date of the election on the question of the bond issue, and their names shall be published pursuant to KRS Chapter 424.

178.240 Advertisement of special tax election; conduct of election

(1) The fiscal court shall direct the sheriff to advertise the time and purpose of the election and the amount of tax

to be levied each year. The advertisement shall be published pursuant to KRS Chapter 424.(2) The election shall be held under the general election laws.

CHAPTER 179. COUNTY ROAD ENGINEER AND MAINTENANCE OF PUBLIC ROADS

179.230 When removal to be made; notice of requirements to be published

(1) The brush, bushes, weeds, overhanging limbs of trees and all other obstructions along the roads shall be removed between July 1 and August 20 of each year, and the county engineer shall publish in some county paper for at least two (2) consecutive weeks before July 1 of every year, in the manner provided in KRS Chapter 424, the requirements of KRS 179.220 and of this section and the order of the fiscal court.(2) The cost of the publication required by subsection (1) of this section shall be paid by the fiscal court of the county in which the notices were published and posted.

CHAPTER 180. STATE BRIDGES, TUNNELS, AND FERRIES

180.010 Definitions

As used in this chapter, unless the context otherwise requires:(1) "Advertising" means the giving of notice by publication pursuant to KRS Chapter 424; and(2) "Department" means Department of Highways.

CHAPTER 184. PUBLIC ROAD DISTRICTS

184.110 Advertisement for bids for road construction or maintenance; letting of contract

Upon the final approval of the plans and specifications, the board of directors shall adopt a resolution approving and accepting said plan, and advertising for bids for the construction or maintenance of the road according to such plans and specifications. The board shall advertise for bids for such work by publication pursuant to KRS Chapter 424. The contract for such work shall be let to the lowest responsible bidder, who shall give bond with approved and adequate security for the faithful performance of the contract. The notice of the letting of the contract shall specify the general nature of the work to be done, the time and date of reception of bids, and the place where detailed information as to the work to be performed can be obtained. All bids shall be opened and read at the time and place specified in the notice, and the board of directors may either accept the lowest and best bid or, in their sound discretion, reject all bids and readvertise.

184.260 Road improvement bonds; form; term; tax exemptions; rights of holders; payment

(1) In the event that the board of directors determines to issue road improvement bonds, or road district bonds for maintenance purposes, it may pledge the special assessment and liens on the property for the payment of the principal and interest of the bonds and shall apply the proceeds exclusively to the payment of the bonds. The bonds shall bear a date not less than thirty (30) days nor more than sixty (60) days after the date which was the last day for the execution by the property owners of installment payment agreements. The bonds shall be negotiable and payable to bearer, shall provide for the semiannual or more frequent payment of interest, shall bear coupons to provide for the payment of the interest, shall be numbered consecutively, shall be in denominations of one hundred dollars ($100) or its multiple (provided that any odd amount not in multiple of one hundred dollars ($100) may be included in the last bond to mature), shall be divided into nine (9) series as nearly equal as practicable, one (1) series maturing each year, and shall be payable at the office of the treasurer of the road district or at a bank or trust company named in the bonds. The bonds shall have the name of the road for the improvement or maintenance of which they are issued printed or engraved on the bonds, shall state the character and extent of the improvements, or the character and extent of the contemplated maintenance, shall be signed by the chairman and secretary of the board of directors, and the coupons shall be signed by the secretary either personally or by his engraved or lithographed facsimile signature.(2) It shall not be necessary in the bonds to recite the steps taken for the improvement of the road, maintenance of the road, or in making the assessment of the cost, but it shall be sufficient to make a general reference to the proceedings and to this chapter. The bonds shall be exempt from all taxation by or in the Commonwealth of Kentucky. The bonds shall convey and transfer to the owner of the bonds all lien, right, title, and interest in and to the assessments and liens upon the respective parcels of land abutting upon the improvement. The liens, until released after payment, shall be security for the bonds and coupons until they are paid.(3) The bonds shall be subject to prepayment and redemption at any interest period which does not occur within four (4) years from the date of the issue of the bonds. The treasurer of the district shall, when funds have accumulated from any special assessment sufficient to redeem in excess of the next series falling due, by lot select

from the next succeeding issue falling due, bonds of a par value equal to the excess in the fund arising from the excess collection and shall advertise by publication pursuant to KRS Chapter 424 the designation and numbers of the bond or bonds so drawn to the effect that on the specified date, the bonds will be redeemed at their par value and accrued interest. The bonds specified in the notice shall bear no interest after the date fixed for their redemption, which provision shall be set forth in substance on the bonds.

184.270 Sale of bonds; sources of payment

The bonds shall be sold at public sale to the highest responsible bidder. The sale shall be advertised by publication pursuant to KRS Chapter 424. If no bidder offers a purchase price deemed acceptable by the board of directors for the purchase of the bonds, then the road district shall have the right to turn them over to the contractor in full payment of that portion of the contract price of the improvement or that portion of the contract price of the contemplated maintenance represented by par and accrued interest. The contractor shall accept the bonds and give credit on the contract price for the full face value and accrued interest on the bonds. Any premium realized from the sale of the bonds and any penalties collected on account of the delinquency of any installment payments of assessments shall be added to the bond fund for the payment of the bonds and interest on the bonds. The bonds and interest shall be payable out of funds actually paid to and collected by the road district on account of the improvement assessment in anticipation of which the bonds were issued.

CHAPTER 212. LOCAL HEALTH PROGRAMSGENERAL PROVISIONS

212.080 Elections in one county

A number of legal voters equal to ten percent (10%) of the total number of votes cast at the last general election of any county may file their petition with the county judge/executive asking that the proposition of creating, establishing and maintaining a county health department be submitted to the voters of the county at the next general election held in the county that does not occur within less than eighty-four (84) days after filing the petition. Each voter signing the petition shall state his full name and address. At the time of filing the petition the petitioners shall deposit with the county judge/executive a sufficient sum of money to pay the cost of publication, as required by this section. Upon the filing of the petition with the county judge/executive, he shall enter an order directing the publication in full of the petition, pursuant to KRS Chapter 424, and shall further enter and file an order with the county clerk not later than the second Tuesday in August preceding a general election directing the county clerk to have placed before the voters at such election the question, "Are you in favor of establishing a county department of health?" The voter shall indicate a "Yes" or a "No" vote. If the majority of those voting on the proposition vote "Yes," a department of health for the county shall be created, established and maintained. The vote shall be canvassed and returned by the board of election commissioners for the general election. If the election is contested, the members of the fiscal court of the county shall be made defendants.

212.460 Contracts for work or materials; day labor

All work done or supplies or materials purchased in carrying out the purpose of KRS 212.350 to 212.620, when involving an expenditure of one thousand dollars ($1,000) or more, shall be by contract awarded to the lowest and best bidder after advertisement by publication pursuant to KRS Chapter 424. All bids or parts of bids, for any such work or supplies, may be rejected by said board. The board, however, may itself do or cause to be done, any part or parts of its work under such conditions as it may prescribe by day labor when the director of health, in writing, shall recommend such action.

CHAPTER 212. LOCAL HEALTH PROGRAMSURBAN COUNTIES

212.638 Contract bidding for work, supplies, or materials

All work performed or supplies or materials purchased in carrying out the provisions of KRS 212.626 to 212.639 when involving an expenditure of two thousand five hundred dollars ($2,500) or more shall be by contract awarded to the lowest and best bidder after advertisement by publication pursuant to KRS Chapter 424. All bids or parts of bids, for any such work or supplies may be rejected by the board. The board, however, may itself do or cause to be done, any part of its work under such conditions as it may prescribe by day labor. The commissioner may act on the behalf of the board in such matters.

CHAPTER 218A. CONTROLLED SUBSTANCESFORFEITED PROPERTY

218A.420 Procedure for disposal of seized and forfeited property; distribution of proceeds

(1) All property which is subject to forfeiture under this chapter shall be disposed of in accordance with this section.(2) All controlled substances which are seized and forfeited under this chapter shall be ordered destroyed by the order of the trial court unless there is a legal use for them, in which case they may be sold to a proper buyer as determined by the Cabinet for Health and Family Services by promulgated regulations. Property other than controlled substances may be destroyed on order of the trial court.(3) When property other than controlled substances is forfeited under this chapter, the law enforcement agency may, subject to the provisions of KRS 218A.435:(a) Retain it for official use;(b) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be paid into the fund created in KRS 218A.435. Any sale shall be a public sale advertised pursuant to KRS Chapter 424.

218A.460 Jurisdiction; ancillary hearing; application of forfeiture procedures

(1) Jurisdiction in all forfeiture proceedings shall vest in the court where the conviction occurred regardless of the value of property subject to forfeiture.(2) Following conviction of a defendant for any violation of this chapter, the court shall conduct an ancillary hearing to forfeit property if requested by any party other than the defendant or Commonwealth. The Commonwealth's attorney, or county attorney if the proceeding is in District Court, shall initiate the hearing by filing a motion requesting entry of a final order of forfeiture upon proof that the property was being used in violation of the provisions of this chapter. The final order of forfeiture by the court shall perfect in the Commonwealth or appropriate law enforcement agency, as provided in KRS 218A.435, right, title, and interest in and to the property. The Commonwealth may transfer any real property so forfeited by deed of general warranty.(3) If the property subject to forfeiture is of a type for which title or registration is required by law, or if the owner of the property is known in fact to the Commonwealth at the time of the hearing, or if the property is subject to a perfected security interest in accordance with the Uniform Commercial Code, KRS Chapter 355, the attorney representing the Commonwealth shall give notice of the ancillary hearing by registered mail, return receipt requested, to each person having such interest in the property, and shall publish notice of the forfeiture once each week for two (2) consecutive weeks in a newspaper of general circulation as defined in KRS Chapter 424 in the county where the forfeiture proceedings will occur. The notice shall be mailed and first published at least four (4) weeks prior to the ancillary hearing and shall describe the property; state the county, place, and date of seizure; state the name of the law enforcement agency holding the seized property; and state the name of the court in which the ancillary hearing will be held and the date of the hearing. However, the Commonwealth shall be obligated only to make a diligent search and inquiry as to the owner of subject property; and if, after diligent search and inquiry, the Commonwealth is unable to ascertain the owner, the actual notice requirements by mail shall not be applicable.(4) Unless otherwise expressly provided in KRS 218A.410, the burden shall be upon claimant to property to prove by preponderance of the evidence that it is not subject to forfeiture. Any claimant other than a person who holds title or registration to the property or who has a perfected security interest in the property shall be required to post a bond equivalent to ten percent (10%) of the appraised value of the property with the clerk of the court before being allowed to litigate the claim. The bond shall offset the costs of litigation incurred by the Commonwealth. A claimant may proceed in forma pauperis with leave of court upon sworn petition subject to the applicable rules and subject to the provisions of law concerning perjury.(5) The procedures for forfeiture proceedings as established in KRS 218A.405 to 218A.460 shall apply to any property subject to forfeiture which is pending as of July 13, 1990.

CHAPTER 220. SANITATION DISTRICTSSANITATION DISTRICTS

220.536 Investigation and establishment of territorial boundaries; inclusion of city; notice to residents of territory; annexation by multicounty district

(1) When a petition for annexation of territory to a district is filed with the commissioner, he shall investigate at once the boundary of the territory proposed to be annexed, and may, at the cost of the district, cause to be made surveys necessary to establish with reasonable accuracy a boundary that will, in his judgment, accomplish the purpose sought by annexation of the territory in a practicable and workable manner, and that will be sufficiently comprehensive to avoid confusion or interference with any other similar district then existing or that may be created. The boundary established by the commissioner need not follow the boundary proposed by the district.(2) Should it be found desirable to include in the territory to be annexed by a district all or a portion of a city of the second, third, fourth, fifth or sixth class, the governing body of such city shall determine by ordinance whether the city or portion thereof shall be included in the district, or whether the city shall bind itself to pay the charges for the services of the district furnished in such area.

(3) When the boundaries of the territory proposed to be annexed have been fixed by the commissioner as prescribed in subsection (1) of this section, he shall give notice of the application for annexation of the territory by publication pursuant to KRS Chapter 424.(4) If a multicounty district proposes to annex the unincorporated territory of another contiguous county, and the fiscal court of the contiguous county expresses by resolution its approval of the annexation, then the commissioner shall accept the boundaries of the proposed annexation.

220.290 Contracts for work, material and supplies; how let

All contracts for work, material or supplies that may exceed one thousand dollars ($1,000) shall be advertised for bids by publication pursuant to KRS Chapter 424 within the district where the work is to be done or the materials or supplies used. The contract shall be let to the lowest and best bidder who shall give bond with approved and ample surety for the faithful performance of the contract. The notice shall specify the general nature of the bid sought, the time and date bids are to be received, and where and how more specific information can be obtained. The contract shall be in writing, in duplicate, and shall be accompanied by or refer to plans and specifications for the work to be done, prepared by the chief engineer. The plans and specifications shall be made and considered a part of the contract. The contract shall be adopted by the board and signed by its president and by the contractor, and shall become a part of the records of the district.

220.561 Notice of hearing; publication; order of construction and assessment

(1) When the report described in KRS 220.555 is prepared, a copy shall be filed with the secretary-treasurer of the district who shall, within forty (40) days, cause notice of the filing of same and a notice of where the report is available for public inspection to be published pursuant to KRS Chapter 424. The notices shall state the time, date and place for a public hearing on the report. Any affected property owner may appear at the hearing. The district may appoint a hearing officer to conduct hearings, take testimony, and report the hearing to the district board.(2) Following the hearing the district shall make and publish an order describing the construction plan in general, setting forth the assessment method adopted, if any, the parcels assessed, provision if any for application of KRS 107.140(d), which relates to doing equity with respect to persons paying immediately and those who may be assessed later for extensions, and any other matters the district may see fit to include in the order.

CHAPTER 224. ENVIRONMENTAL PROTECTIONSUBCHAPTER 10. ENVIRONMENTAL AND PUBLIC PROTECTION CABINETOPERATIONAL PROCEDURES

224.10-270 Exemption or partial exemption; application; period of exemption; renewal; emergency provisions not limited

(1) Any person subject to any rule or regulation governing the emission or discharge of contaminants into the ambient air or waters of the Commonwealth promulgated by the cabinet may apply for an exemption or partial exemption from such rule or regulation. The application shall be accompanied by such information and data as the cabinet may require. The cabinet may grant such an exemption or partial exemption if it finds that:(a) The discharge occurring or proposed to occur does not or will not have a measurable impact on the quality of the ambient air or waters of the Commonwealth; and(b) Compliance with the rules or regulations from which exemption is sought would produce serious hardship without equal or greater benefit to the public.(2) Any person applying to the cabinet for an exemption shall publish notice of his application in accordance with the rules and regulations of the cabinet in at least one (1) newspaper of general circulation in the county in which the emission or discharge sought to be exempted is located. The cabinet shall promptly investigate the application, consider the relative interests of the applicant, other owners of property likely to be affected by the emission or discharge, and of the general public. If the cabinet, in its discretion, concludes that a hearing should be held, or if any person files an objection to the granting of such exemption within thirty (30) days from the date of the first publication of notice of the application, then a hearing shall be held in the manner prescribed by the rules and regulations of the cabinet and the burden of proof shall be on the applicant for the exemption.(3) No exemption or partial exemption pursuant to this section shall be granted for a period to exceed one (1) year, but any such exemption or partial exemption may be renewed for like periods if no complaint is made to the cabinet on account thereof or if, such complaint having been made and duly considered at a hearing held by the cabinet in the manner provided in subsection (2) of this section, the cabinet finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least thirty (30) days prior to the expiration of the exemption or partial exemption. Immediately prior to application for renewal the applicant shall give public notice of such application in accordance with rules and regulations of the cabinet. Any renewal pursuant to this subsection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (1) of this section.(4) An exemption, partial exemption, or renewal thereof shall not be a right of the applicant or holder thereof but shall be in the discretion of the cabinet.

(5) Nothing in this section and no exemption, partial exemption, or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of KRS 224.10-410 to any person or his property.(6) In granting or denying an exemption, partial exemption, or renewal thereof, the secretary shall issue a written statement of the facts and reasons leading to the decision and make such statement a part of the record of the action on the application.

224.20-150 Permits for air contaminant sources that treat certain soils; fiscal court approval

(1) Any air contaminant source that thermally treats soils that have been contaminated by releases of petroleum from underground tanks at commercial or industrial facilities where the soils are not otherwise regulated as hazardous waste shall be subject to this section, unless it accepts only those soils it has contaminated or those soils contaminated by its wholly-owned subsidiary. Any mobile unit for thermal treatment of petroleum contaminated soils where the unit processes the soils at, or in the immediate proximity, of the site of the soil contamination and which does not receive soils from other contaminated sites or facilities shall not be subject to this section.(2) The cabinet shall not issue a permit to construct or operate a new air contaminant source subject to this section unless the fiscal court in which that source will be located approves, after public notice and a public hearing, its construction or operation. The cabinet, upon request, shall conduct a public hearing at the same time the fiscal court conducts its public hearing. The cabinet and fiscal court public hearings shall be held simultaneously. A fiscal court shall not disapprove operation of a source if it has previously approved its construction. The fiscal court shall consider the social and economic impacts of that source on the affected county, including changes in property values, community perception, and other psychic costs; costs and availability of public service facilities and improvements required to support the source and to protect the public health, safety, and the environment; and the relationship of the source to local planning and existing development.(3) After a preliminary determination has been made concerning the issuance or denial of a permit authorizing the construction or reconstruction of an air contaminant source subject to this section or the modification of a permit for an air contaminant source subject to this section, when modification will cause an increase in the potential to emit one hundred (100) tons per year or more of any pollutant or any significant increase in emissions of a toxic air pollutant, the applicant shall notify the public by prominent advertisement in newspapers of general circulation in the locality in which the source will be located or modified of the application and preliminary determination with respect to the application. The cabinet shall send notice of its preliminary determination to the applicant, local governmental, land use bodies and local air pollution agencies, and persons on a mailing list that shall be maintained of interested persons requesting to receive the notices.(4) The cabinet shall provide a thirty (30) day comment period for receipt of comments pertaining to the preliminary determination with respect to applications to construct, reconstruct, or modify an air contaminant source subject to this section, and shall provide a detailed response to all significant comments when the final agency determination is made with respect to an application.

224.30-140 Variance petition; notice; hearing

Any person seeking a variance shall do so by filing a petition for variance with the cabinet. The cabinet shall promptly give written notice of such petition to any person in the county in which the installation, property, or activity for which variance is sought is located who has in writing requested notice of variance petitions, and shall publish notice of such petition in a newspaper of general circulation in such county in accordance with the provisions of KRS Chapter 424. The cabinet shall promptly investigate such petition and shall consider the views of persons who might be adversely affected by the grant of a variance. If the secretary, in his discretion, concludes that a hearing would be advisable, or if any person files a written objection to the grant of such variance within thirty (30) days of the notice provided herein, a hearing shall be held as provided in KRS 224.10-440. Appeals may be taken from all orders of the cabinet as provided in KRS 224.10-470.

224.40-310 Definition of "waste disposal facility"; requisites for issuance of permits; necessity of approval of hazardous waste facilities by local units of government; exceptions; procedures for applications to construct solid waste landfills

(1) For purposes of this section, "waste disposal facility" means a contained landfill; construction/demolition debris landfill except for a landfill for the disposal of sand, soil, rock, gravel, bridge debris, and other materials extracted as part of a public road construction project funded wholly or in part with state funds; residual landfill; solid waste incinerator; waste-to-energy facility; or a hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste.(2) No permit to construct or expand, when the expansion results in substantial additional capacity, a waste disposal facility shall be issued until a complete application has been submitted to and approved by the cabinet and notice of the application has been published, as provided for in subsections (4) and (5) of this section, at the expense of the applicant in a manner reasonably calculated to inform that portion of the public which is most likely to be affected by the operation of the proposed waste disposal facility. The publication shall take place after the cabinet has determined the application to be technically complete and issued a draft permit.(3) For a permit application to construct a solid waste landfill or a permit application to expand, when the expansion

results in substantial additional capacity, an existing solid waste landfill, the cabinet shall, upon first receiving the applications require immediately the general public notice provided for in subsections (4) and (5)(a) to (d) of this section and upon determining that the application is administratively complete and at the time technical review begins, give special notice of the application to the county judge/executive or mayor of an urban-county government and members of the fiscal court or urban-county council of the county or urban-county government in which the landfill is or will be located. The special notice shall be in the form of an executive summary of the application. Also, at the time technical review begins, the cabinet shall again require the general public notice provided for in subsections (4) and (5)(a) to (d) of this section with the additional information that the executive summary shall be available from the office of the county judge/executive or mayor of an urban-county government. Upon request by a county judge/executive, mayor of an urban-county government, or a member of fiscal court or an urban-county council, the cabinet shall explain the application in a manner that is complete and expeditious. The cabinet shall notify the county judge/executive or mayor of an urban-county government if there will not be a public hearing on the applications. If there will be a public hearing, the cabinet shall notify the county judge/executive or mayor of an urban-county government fifteen (15) days prior to the hearing date.(4) At a minimum, publication shall be made at least once by advertisement in a daily or weekly newspaper of general circulation in the locality where the proposed waste disposal facility is to be located.(5) The contents of the public notice of an application shall include the following:(a) The name and address of the applicant;(b) A brief description of the activity for which a permit is being sought;(c) A description of the proposed location including a description of the primary access routes;(d) The name and address of this cabinet; and(e) The following statement: "Any person who may be aggrieved by the issuance of a permit for this proposed waste disposal facility may file with the cabinet a petition which sets forth the grounds of the objection and demand a hearing pursuant to KRS 224.10-420(2)." Such hearing shall be held within the county where the waste disposal facility is proposed.(6) No permit to construct or expand, when the expansion results in substantial additional capacity, a waste disposal facility shall be issued until at least thirty (30) days have expired following publication of the application. The applicant for a permit shall establish the date of publication by a verified affidavit from the newspaper which publishes the advertisement. If a hearing is requested, no permit to construct or expand, when the expansion results in substantial additional capacity, a waste disposal facility shall be issued prior to a final order of the secretary. In the case of hazardous waste incinerators, landfills, and other sites or facilities for the land disposal of hazardous waste, no permit shall be approved or issued prior to notification of the cabinet by the local unit of government of its actions pursuant to subsection (7) of this section.(7) The fiscal court of the county, urban-county government, or governing body of an incorporated municipality wherein a hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste is proposed, shall conduct a public hearing after public notice has been given in accordance with KRS Chapter 424 and shall vote to approve or disapprove the hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste within thirty (30) days after the hearing described in subsections (5) and (6) of this section. If no hearing is requested under the provisions of subsections (5) and (6) of this section, the fiscal court, urban-county government, or governing body of an incorporated municipality, shall conduct a public hearing and vote to approve or disapprove the hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste within sixty (60) days following publication of the application. In making a determination the fiscal court, urban-county government, or governing body of an incorporated municipality shall consider the social and economic impacts of the proposed hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste on the affected community, including changes in property values, community perception, and other psychic costs; costs and availability of public services, facilities, and improvements required to support the incinerator, landfill, or other site or facility and protect public health, safety, and the environment; and the relationship of the proposed hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste to local planning and existing development. After a fiscal court, urban-county government, or governing body of an incorporated municipality has voted to approve or disapprove a hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste, the court, urban-county government, or governing body of an incorporated municipality shall so notify the cabinet in writing within ten (10) days. If a hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste is disapproved by the court, urban-county government, or governing body of an incorporated municipality, the reasons for disapproval shall be set forth clearly and concisely, and recorded in the minutes. No permit shall be issued by the cabinet if a fiscal court, urban-county government, or governing body of an incorporated municipality disapproves the hazardous waste incinerator, landfill, or other site or facility for the land disposal of hazardous waste in the manner prescribed herein.(8) Upon first receiving a permit application to modify a solid waste landfill by reducing or eliminating any term or condition pertaining to the liner system, the cabinet shall require immediately the general public notice provided for in subsections (4) and (5) of this section.(9) The provisions of subsection (7) of this section shall not apply to:(a) A proposed regional integrated waste treatment and disposal demonstration facility and any on-site remedial action facility authorized pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;(b) An existing hazardous waste incinerator having all required permits or authorizations as of March 4, 1988, but subsection (7) of this section shall apply to any incinerator unit proposed for construction at an existing facility for which construction commenced after March 4, 1988, and to proposed hazardous waste incinerators for which a permit application has been filed but has not been issued as of March 4, 1988; and

(c) On-site incineration of hazardous waste by the generator of the waste at the site of the waste generation including waste generated at another facility owned and operated by that generator or wholly-owned subsidiary.(10) An application to construct a solid waste landfill shall consist of three (3) parts: a notice of intent to apply for a solid waste permit; an administrative application; and a technical application. Nothing in this section shall prohibit an applicant from submitting more than one (1) part at one (1) time.(a) An applicant proposing to construct a solid waste landfill shall submit to the cabinet a notice of intent to apply for a solid waste permit. The notice of intent shall contain information specified by the cabinet. The cabinet shall within thirty (30) working days of receipt notify the applicant by certified mail, return receipt requested, of the approval or disapproval of the applicant's notice of intent. If the notice of intent is not complete, the cabinet shall state in writing the information necessary to complete the notice of intent and the thirty (30) day time period shall be tolled until such time as the applicant responds. The cabinet shall notify the applicant of the approval or disapproval of the applicant's notice of intent by certified mail, return receipt requested. If the cabinet disapproves a notice of intent to apply for a solid waste permit, it shall state in writing its reasons for the disapproval.(b) The applicant shall submit an administrative application for a solid waste landfill consistent with the notice of intent to apply for a solid waste permit. The administrative application shall contain information specified by the cabinet. The cabinet shall within sixty (60) working days of receipt notify the applicant by certified mail, return receipt requested, of the approval or disapproval of the applicant's administrative application. If the administrative application is not complete, the cabinet shall state in writing the information necessary to complete the administrative application and the sixty (60) day time period shall be tolled until such time as the applicant responds. The cabinet shall notify the applicant of the approval or disapproval of the applicant's administrative application by certified mail, return receipt requested. If the cabinet disapproves an administrative application to apply for a solid waste permit, it shall state in writing its reasons for the disapproval.(c) The applicant shall submit a technical application for a solid waste landfill consistent with the administrative application. The technical application shall contain information specified by the cabinet. The cabinet shall within ninety (90) working days of receipt notify the applicant by certified mail, return receipt requested, of the approval or disapproval of the applicant's technical application. If the technical application is not complete, the cabinet shall state in writing the information necessary to complete the technical application and the ninety (90) day time period shall be tolled until such time as the applicant responds. The cabinet shall notify the applicant of the approval or disapproval of the applicant's technical application by certified mail, returned receipt requested. If the cabinet disapproves a technical application to apply for a solid waste permit, it shall state in writing its reasons for the disapproval.(d) The permit review process, from the date of receipt of the notice of intent to the date the cabinet issues a draft permit to construct a solid waste landfill, or denies the application, shall not exceed three hundred sixty-five (365) calendar days, unless the cabinet and applicant agree otherwise. Failure of the cabinet to either issue a draft permit, or deny the application, within three hundred sixty-five (365) calendar days shall be deemed an order appealable pursuant to the provisions of KRS 224.10-420.(e) If the cabinet does not request additional information or notify the applicant of the disapproval of the notice of intent or administrative application for a solid waste landfill within the time periods specified in this subsection, that portion of the application under review shall be deemed complete and approved, unless the cabinet and applicant agree otherwise.(11) During construction of a liner system in a solid waste landfill, the cabinet shall periodically conduct inspections to verify that construction is being made in accordance with administrative regulations adopted by the cabinet and conditions contained in the permit. Except as otherwise provided in this section, the permittee shall not commence installation of any synthetic liner prior to a final inspection of any soil liner. The cabinet shall respond to any request for an inspection within two (2) working days of the request. If the cabinet fails to inspect within two (2) working days, the permittee may proceed to the next phase of construction, including installation of a synthetic liner, after submitting certification from a registered professional engineer that construction has been completed in accordance with applicable regulations and permit conditions. All inspections conducted for the cabinet shall be performed by a professional engineer registered in Kentucky.(12) An applicant who is issued a permit to construct or expand, when the expansion results in substantial additional capacity, a solid waste landfill shall be issued a permit to operate in the areas included under the construction permit without further action when:(a) The applicant submits a certification by an engineer registered in Kentucky that the liner system and facilities are constructed in accordance with the approved plans and specifications;(b) A registered professional engineer for the cabinet inspects the facility and verifies in writing within ten (10) days of the submission of the engineer certification that the facility has been developed according to plans and that necessary equipment is available to operate the facility; and(c) The required financial responsibility for closure has been established using any of the mechanisms required by KRS 224.40-650 in an amount determined by an approved closure plan and cost estimate.(13) A permit issued pursuant to this section shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The permittee may request renewal and such renewal shall be issued unless it is established and written findings are made by the cabinet that:(a) The terms and conditions of the existing permit, this chapter, or applicable administrative regulations adopted by the cabinet are not being satisfactorily met;(b) The permittee has not provided evidence that any performance bond in effect will continue in full force and effect for any renewal requested as well as any additional bond the cabinet might require;(c) Any additional revised or updated information required by the cabinet has not been provided.(14) Any permit renewal shall be for a term not to exceed the period of original permit. Application for permit renewal shall be made at least one hundred eighty (180) days prior to the expiration of the existing permit. At the

time of filing an application for permit renewal, the cabinet shall publish a notice in a daily or weekly newspaper of the largest circulation in the county where the solid waste landfill is located. The notice shall include the following:(a) The name and address of the applicant;(b) Identification of the permit for which the renewal is sought; and(c) A statement informing the public of a thirty (30) day period in which public comments may be submitted to the cabinet on whether the renewal of the permit should be approved pursuant to subsection (13) of this section.(15) The cabinet shall not adopt any regulation or standard or allow any exemption which applies to privately-owned solid waste management facilities more stringently than it applies to publicly- or municipally-owned solid waste management facilities.

224.46-825 Powers and duties of board

The Kentucky Regional Integrated Waste Treatment and Disposal Facility Siting Board shall have the power, duty and authority to:(1) Adopt bylaws governing the organization and operation of the board.(2) Require applicants to submit such information as may be reasonably necessary to permit the board to act upon the application, including but not limited to the following:(a) The location of the proposed facility and a map of the proposed location;(b) A description of the design and capacity of the proposed facility;(c) The anticipated sources of materials to be received at the facility, the proposed methods of transportation to and from the facility and the routes to be traversed;(d) The experience and qualifications of the applicant;(e) A detailed analysis of the local impacts of the facility including consideration of those factors identified in KRS 224.46-830.(3) Adopt regulations establishing a fee or schedule of fees for the cost of processing applications for certificates of environmental safety and public necessity which shall include the costs of public notices, hearings and all associated administrative costs required under KRS 224.46-810 to 224.46-870.(4) Adopt regulations prescribing the manner in which the board shall process applications for certificates of environmental safety and public necessity. Such regulations shall include but not be limited to the following:(a) A requirement that, within ten (10) days of receipt of a complete application of the proposed site, a notice shall be published in a local newspaper in the county where a regional integrated waste treatment and disposal demonstration facility is proposed to be located and in all counties contiguous to said host county in the manner set forth in KRS Chapter 424 and the board shall provide written notice by certified mail to the county judge/executive of the county in which the facility is proposed to be located;(b) A requirement that no less than thirty (30) days and no more than forty-five (45) days after publication of notice of receipt of a complete application, the board shall conduct a hearing in the county in which the facility is proposed to be located to determine whether a certificate of environmental safety and public necessity should be issued, unless the applicant requests a delay. The board shall give public notice of the time and place of the hearing in the manner set forth in KRS Chapter 424 in the county where the facility is proposed to be located and in all counties contiguous to said host county.(5) Issue or deny a certificate of environmental safety and public necessity. If the board denies the certificate, it shall state in writing the basis for its decision. The board may issue, revoke, or suspend certificates subject to such conditions as it may deem appropriate consistent with KRS 224.46-830 including, where appropriate, provision for mitigation of local impacts. Such mitigation may include provisions for payment of sums by the holder of the certificate to public entities as compensation for local social and economic impacts.(6) Issue only one (1) certificate of environmental safety and public necessity. In order to carry out the purposes of KRS 224.43-810, 224.43-815, and KRS 224.46-810 to 224.46-870, the board may establish deadlines for applications, compare proposed facility and site applications, and shall evaluate the applications against the state's hazardous waste management needs, and shall issue a certificate to that facility which is most consistent with the purposes and goals of KRS 224.43-810, 224.43-815, and KRS 224.46-810 to 224.46-870. The board may request action by the General Assembly to authorize the issuance of certificates of environmental safety and public necessity for additional regional integrated waste treatment and disposal facilities upon a showing that such facilities can treat and dispose of hazardous waste in a safe and environmentally sound manner with a minimal amount of risk to the public, upon a showing of cause for the need for such additional facilities, and upon a showing of the ability of the Commonwealth to properly monitor and regulate such facilities.

CHAPTER 227. FIRE PREVENTION AND PROTECTION; ELECTRICIANSFIRE PREVENTION AND PROTECTION

227.310 Hearing on proposed standards of safety; notice

The executive director shall conduct a hearing prior to the issuance of rules and regulations promulgated pursuant to KRS 227.300. At such hearing interested parties shall be given an opportunity to be heard in person or by counsel. The executive director shall cause a notice of such hearing to be published pursuant to KRS Chapter 424. No defect or inaccuracy in the notice or in its publication shall invalidate any such rules or regulations.

227.332 Notice of hearings

(1) The fire marshal shall give written notice of a hearing as required by KRS Chapter 13B. In addition to all parties to the hearing, the fire marshal shall give this notice to all persons whose pecuniary interests, to the fire marshal's knowledge or belief, are to be directly and immediately affected by the hearing.(2) If any hearing is to be held for consideration of administrative regulations of the executive director, or of other matters which, under subsection (1) of this section, would otherwise require separate notice to more than thirty (30) persons, in lieu of other notice the executive director may give notice of the hearing by publication pursuant to KRS Chapter 424; but the executive director shall mail the notice to all persons who had requested the same in writing in advance and have paid to the executive director the reasonable amount fixed by him or her to cover the cost thereof.(3) All notices, other than notices provided for in subsection (2) of this section, shall be given as provided in KRS Chapter 13B.

227.340 Notice of hearing when property owner unknown

Whenever the state fire marshal, his deputy, or other officer has reason to believe that a fire hazard should be corrected and he is unable to determine after a diligent search the owner of any property to be affected, he shall, in addition to notice required in KRS Chapter 13B, post notice of a hearing concerning the hazard in a conspicuous place on or near the property and shall also publish notice pursuant to KRS Chapter 424 in the county in which the property is located. The hearing shall be held in accordance with KRS Chapter 13B at the time and place specified in the notice as if the notice had been served on the owner.

CHAPTER 230. HORSE RACING AND SHOWINGPARI-MUTUEL WAGERING

230.362 Report of unclaimed pari-mutuel winning tickets presumed abandoned

Any person holding unclaimed pari-mutuel winning tickets presumed abandoned under the provisions of KRS 230.361 shall file annually, on or before September 1 of each year, with the office of the authority a list of and the amounts represented by unclaimed pari-mutuel tickets held by such person as of July 1, and other information as the authority may require for the administration of KRS 230.361 to 230.373. The report shall be made in duplicate; the original shall be retained by the authority and the copy shall be mailed to the sheriff of the county where the unclaimed pari-mutuel tickets are held. It shall be the duty of the sheriff to post for not less than twenty (20) consecutive days a copy of the report on the courthouse door or the courthouse bulletin board, and to publish the copy in the manner set forth by KRS Chapter 424. The cost of the publication shall be paid by the authority. The sheriff shall immediately certify in writing to the authority the dates when the list was posted and published. The list shall be posted and published as required on or before October 1 of the year when it is made, and such posting and publishing shall be constructive notice to all holders of pari-mutuel tickets which have remained unclaimed for a period of one (1) year from the time the ticket became payable.

CHAPTER 231. PLACES OF ENTERTAINMENT

231.010 Place of entertainment defined

As used in this chapter, "place of entertainment" means a roadhouse, place offering intoxicating or nonintoxicating drinks for sale, tourist camp or place of public entertainment at which people assemble to eat, drink, dance, bathe, or engage in any game or amusement, or any place having therein or thereon any person engaging in the practice of being a medium, clairvoyant, soothsayer, palmist, phrenologist, spiritualist, or like activity, or one who, with or without the use of cards, crystal ball, tea leaves, or any other object or device, engages in the practice of telling the fortune of another; but this last clause shall not be construed to apply to persons pretending to tell fortunes as part of any play, exhibition, fair or amateur show presented or offered by any religious, charitable, or benevolent institution. It shall not mean a private home at which bona fide guests are entertained, drive-in theaters, places of business conducted only as filling stations for motor vehicles or grocery stores, nor transient or temporary entertainment such as circuses, carnivals and county fairs.

231.040 Application for permit

Any person who desires a permit to operate a place of entertainment outside the corporate limits of a city shall file an application with the county clerk. The application shall set forth the true name of the owner of the place of entertainment, the exact location of the proposed place of entertainment and the occupation of the owner or manager of the proposed place of entertainment for five (5) years immediately preceding the date on which the application is filed.

231.050 Deposit of applicant; disposition of deposit

At the time the application is filed, the applicant shall deposit twenty dollars ($20) with the county clerk which shall be used by the clerk to defray the cost of the notices required by KRS 231.060 to be published in a newspaper, to pay the clerk's cost for the docketing of the application on the order book of the county judge/executive and for recording such orders of the county judge/executive as may be entered therein. Fifteen dollars ($15) of the deposit shall be used for advertising and five dollars ($5) shall be paid to the clerk as his fee.

231.060 County clerk to docket and publish application

When the application is filed with the county clerk he shall have a notice that the application has been filed, published pursuant to KRS Chapter 424 in the county.

CHAPTER 242. ALCOHOLIC BEVERAGES; LOCAL OPTIONREFERENDUM ON SALE OF BEER

242.040 Advertisement of election

Within five (5) days after the county judge/executive orders an election, the county clerk shall give to the sheriff a certified copy of the order. The sheriff shall have the order published pursuant to KRS Chapter 424 in the county. When the election is ordered for the entire county, the sheriff shall also advertise the order by written or printed handbills posted at not less than five (5) conspicuous places in each precinct of the county for two (2) weeks before the election, and, when the election is ordered held in a city, district or precinct, at five (5) conspicuous places in each precinct therein for the same length of time. The sheriff shall report in writing to the county judge/executive that the notices have been published and posted.

CHAPTER 241. ALCOHOLIC BEVERAGES; ADMINISTRATION AND CONTROL241.060 Functions of board

The board shall have the following functions, powers, and duties:(1) To promulgate reasonable administrative regulations governing procedures relative to the applications for and revocations of licenses, the supervision and control of the use, manufacture, sale, transportation, storage, advertising, and trafficking of alcoholic beverages, and all other matters over which the board has jurisdiction. Administrative regulations need not be uniform in their application but may vary in accordance with reasonable classifications;(2) To limit in its sound discretion the number of licenses of each kind or class to be issued in this state or any political subdivision, and restrict the locations of licensed premises. To this end, the board may make reasonable division and subdivision of the state or any political subdivision into districts. Administrative regulations relating to the granting, refusal, and revocation of licenses may be different within the several divisions or subdivisions;(3) To hold hearings in accordance with the provisions of KRS Chapter 13B. The office may pay witnesses the per diem and mileage provided in KRS 421.015;(4) To conduct hearings and appeals under KRS 241.150, 241.200, 243.470, and 243.520 and render final orders upon the subjects of the hearings and appeals;(5) To destroy evidence in the office's possession after all administrative and judicial proceedings are conducted;(6) To suspend, revoke, or cancel for cause, after a hearing in accordance with KRS Chapter 13B, any license issued under KRS 243.020 to 243.670;(7) To prohibit the issuance of a license for the premises until the expiration of two (2) years from the time the offense was committed if a violation of KRS Chapter 241, KRS 243.020 to 243.670, or KRS Chapter 244 has taken place on the premises which the owner knew of or should have known of, or was committed or permitted in or on the premises owned by the licensee; and(8) To suspend a license for any cause for which the board is authorized to exercise its discretion as to revoking a license.

242.160 Advertisement of referendum

The referendum shall be advertised by publication pursuant to KRS Chapter 424 in the county in which the referendum is called.

CHAPTER 243. ALCOHOLIC BEVERAGES; LICENSES AND TAXESLICENSES TO TRAFFIC IN ALCOHOLIC BEVERAGES

243.360 Notice of intention to apply for license; protest

(1) Any person, corporation, partnership, or any other entity, except an applicant for the same license for the same premises, or an applicant for an out-of-state brewer's license, supplemental bar license, extended hours supplemental license, a special agent or solicitor's license, a bonded warehouse license, a freight forwarding license, a storage warehouse license, an industrial alcohol license, a nonindustrial alcohol license, a storage warehouse license, a nonbeverage license, a vendor license, a transporter's license, a Sunday license, or a temporary drink license shall, before applying for a license under KRS 243.030 and 243.040, advertise by publication under KRS 424.130(1)(b) his or her intention to apply for a license.(2) The notice shall conform in all material respects to the following requirements:(a) The notice shall state: the name and address of the applicant if the applicant is an individual, the name and address of each partner and the name of the business and its address if the applicant is a partnership, and the name and address of each principal officer and director and the name and business address of the corporation if the applicant is a corporation;(b) The notice shall specifically state the location of the premises for which the license is sought and the type of license being requested; and(c) The notice shall state the date the application will be filed and shall contain the following statement: "Any person, association, corporation, or body politic may protest the granting of the license by writing the Office of Alcoholic Beverage Control, 1003 Twilight Trail, Suite A-2, Frankfort, Kentucky 40601, within thirty (30) days of the date of legal publication."(3) Any protest received after the thirty (30) day period has expired shall not be considered a valid legal protest by the board.

CHAPTER 244. ALCOHOLIC BEVERAGES; PROHIBITIONS, RESTRICTIONS, AND REGULATIONSDISTILLED SPIRITS AND WINE

244.295 Urban-county government may set liquor sale hours; local option on Sunday sales in urban-county; licensing

(1) In any county containing an urban-county government, a premises that has been granted a license for the sale of distilled spirits or wine at retail shall not be permitted to remain open for any purpose between midnight and 6 a.m., or at any time during the twenty-four (24) hours of a Sunday, or during the hours the polls are open on any regular or primary election day unless the licensee provides a separate department within his licensed premises capable of being locked and closed off, within which is kept all stocks of distilled spirits and wine, and all fixtures and apparatus connected with his business as a licensee, and the department is kept locked during the time mentioned above. The licensee shall be deemed to have complied with this section; except that the legislative body of an urban-county government in which traffic in distilled spirits and wine is permitted under KRS Chapter 242 shall have the exclusive right and power, by ordinance, to establish the hours and times in which distilled spirits and wine may be sold within its jurisdictional boundaries. Provided, however, distilled spirits or wine may not be sold in any portion of a county containing an urban-county government during the twenty-four (24) hours between 6 a.m. Sunday and 6 a.m. Monday, except as provided in subsections (2) and (3) of this section, and distilled spirits or wine may not be sold on any election day while the polls are still open; and provided, also, that all stocks of distilled spirits and wine must be kept locked during the hours in which the licensee is prohibited from selling same.(2) In any county containing an urban-county government in which the sale of distilled spirits and wine is permitted under KRS Chapter 242, an election on the question of permitting the sale of distilled spirits and wine by the drink on Sunday may be held as provided in KRS 242.020 to 242.040 and 242.060 to 242.120. In any election, the form of the proposition shall be, "Are you in favor of the sale of distilled spirits and wine by the drink between the hours of one p.m. and midnight on Sunday in (name of county)?"(3) In any county containing an urban-county government in which the sale of distilled spirits and wine is permitted under KRS Chapter 242, the legislative body of such urban-county government may by resolution or ordinance submit to the electorate a proposal to permit the sale of distilled spirits and wine by the drink on Sunday from 1 p.m. until a closing hour specified in the proposal by hotels, motels, convention centers, convention hotel complexes, restaurants, racetracks, and commercial airports which are licensed for the retail sale of distilled spirits and wine by the drink and which have dining facilities with a minimum seating capacity of one hundred (100) people at tables and which receive at least fifty percent (50%) or more of gross annual income from dining facilities by the sale of food. The proposal to be submitted to the electorate shall be so framed that any voter who wishes to vote in favor of the limited Sunday sales of distilled spirits and wine by the drink may signify his approval by voting "yes" and any voter who wishes to vote against the limited Sunday sales of distilled spirits and wine by the drink may do so by voting "no." The election shall be held on a date stipulated by the legislative body, and the cost of the election shall be borne by the urban-county government. The proposal shall be published pursuant to KRS Chapter 424 and shall also be advertised by written or printed handbills posted at not less than five (5) conspicuous places in each precinct of the county for two (2) weeks before the election. The general election laws, including penalties for violations, shall apply to the election, except where those laws are inconsistent with the provisions of this section. The proposal submitted to the electorate shall be effective immediately if a majority of those voting on the proposal shall vote "yes."(4) In any county containing an urban-county government in which the sale of distilled spirits and wine by the drink is

permitted on Sunday as provided in subsections (2) and (3) of this section, holders of distilled spirits and wine retail drink licenses may apply to the director of the Division of Distilled Spirits for a special Sunday sale retail drink license. Upon receipt of an application and payment of the prescribed fee, the director shall issue a license.

CHAPTER 247. PROMOTION OF AGRICULTURE AND HORTICULTUREFAIRS

247.180 Revenue bonds

(1) The State Fair Board is authorized and empowered to issue and sell negotiable revenue bonds in denominations and in an amount or amounts as may be deemed by the board to be for the best interest of the Commonwealth, for any of the following purposes:(a) To acquire real estate to be devoted to a revenue-producing use.(b) To pay all or any part of the expense or cost of or incidental to a building project.(c) To defray the cost of plans, specifications, blue prints, architectural fees and other expenses authorized to be incurred under the terms of KRS 247.130 and 247.140.(2) Any revenue bonds so issued shall bear interest at a rate or rates or method of determining rates, payable at least, as the State Fair Board determines and shall become due and payable not more than forty (40) years from the date of issuance. The payment of the bonds, together with the interest thereon, may be secured by a pledge and a first lien on all the receipts and revenue derived or to be derived, from any physical property under the control of the board. Neither the payment of any bond, nor the interest on the bond, issued under the authority of this section, shall constitute an indebtedness of the Commonwealth of Kentucky or of the State Fair Board, nor shall any bond or interest on the bond be payable out of any fund except any funds as may be derived from rentals or other revenues derived from the operation of the properties or from revenues as may have been, or may be, available for a purpose or purposes, by law.(3) All bonds which may be issued by the board under the provisions of this section shall be sold to the highest bidder after having been advertised by publication pursuant to KRS Chapter 424, and by other advertising as the board may prescribe if it finds additional advertising is necessary.(4) All competitive bids for the sale of the revenue bonds shall be opened and read publicly by the board or its representative at a designated place, day, and hour, all of which shall be announced in the advertising.(5) Except as otherwise specifically provided in this section, the board is vested with all of the rights, powers, and duties set forth and enumerated under KRS Chapter 58.(6) In the event the board issues and sells revenue bonds for a building project as authorized in KRS 247.140 and this section, it may carry insurance, including fire and windstorm, casualty, catastrophe, use and occupancy, and other insurance as the board may deem advisable in connection with the building project, and may obligate and bind itself in a trust indenture securing the payment of bonds. Any insurance shall be paid for out of the funds available for the project.(7) All money from the sale of revenue bonds shall be paid to the State Treasurer and shall be held by him as a special trust fund to be designated as directed by the board, and no part shall be withdrawn from the State Treasury except for the purposes authorized by this section, together with the cost incidental to the issuing and selling of the bonds and other directly related expenses. The board may likewise provide in any trust indenture securing revenue bonds for additional terms and conditions, or for other restrictions not in conflict with this section.

CHAPTER 249. TREES, PLANTS, WEEDS, AND PESTSGENERAL PROVISIONS

249.183 Canada and nodding thistle eradication areas, establishment, duties of agriculture department

(1) The fiscal court of any county may, after notice and hearing, declare that a threat exists to the natural resource development and the agricultural economy of the county by reason of the growth and infestation of Canada thistles (cirsium arvense) or nodding thistles (carduus nutans) or both. The notice shall be given by publication pursuant to KRS Chapter 424. If after the hearing the fiscal court finds that thistles are a threat in its county it shall by resolution so declare and make a request to the State Department of Agriculture for assistance to eradicate thistles. A copy of the resolution shall be promptly certified and forwarded by the clerk of the court to the Commissioner of Agriculture.(2) (a) Upon receipt of the resolution adopted pursuant to subsection (1) of this section the Commissioner of Agriculture shall promptly undertake the eradication of thistles in the county for which the resolution was adopted.(b) The Commissioner shall appoint a county thistle control board consisting of three (3) citizens of the county to serve as advisers and to assist in the administration of this law and to perform such other duties as prescribed by the Commissioner. Members of the county thistle control board shall receive no salary but shall be reimbursed by the fiscal court for necessary expenses incurred in performance of their duties.(c) The Commissioner of Agriculture, in any county declared a thistle eradication area under subsection (1) of this section may enter upon any lands for the purpose of inspecting same and to insure compliance with KRS 249.183 to 249.195 and 249.991. He may enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of thistles. He shall make all rules and regulations

necessary to carry out the provisions of KRS 249.183 to 249.195 and 249.991.(d) The Commissioner may give the notice prescribed by KRS 249.190 to any landowner and if the landowner fails to comply with that section he shall enter upon the land and cut, spray or take such other measures as he deems proper to eradicate the thistles. Notice to a landowner who does not reside in the county or who is unknown shall be given by posting of the notice on the land and at the front door of the court house in the county. The Commissioner may recover from the landowner the compensation fixed by KRS 249.190, for such eradication work. Any action for the recovery of such compensation shall be brought in the county in which the land is located and shall be governed by the Rules of Civil Procedure.(3) The fiscal court of any county declared a thistle eradication area under subsection (1) of this section may by resolution declare that the threat to natural resources and agricultural economy in the county has ceased to exist and upon the adoption of the resolution a copy thereof shall be delivered to the Commissioner of Agriculture. Upon receipt of a copy of the resolution, all work on eradication of thistles in the county under the direction of the Commissioner shall be discontinued.(4) In the administration of KRS 249.183 to 249.195 and 249.991 the Commissioner may employ such persons and delegate to them such powers as are necessary to carry out the purposes of KRS 249.183 to 249.195 and 249.991.(5) Neither the Commissioner of Agriculture nor any agent or other person acting under his direction shall be liable for any damages or injury to property or crops resulting from the administration or enforcement of KRS 249.183 to 249.195 and 249.991 unless the damage is caused by failure to exercise ordinary care to avoid or prevent the damage or injury.

CHAPTER 258. ANIMAL CONTROL AND PROTECTION

258.215 Seizure, impounding, and destruction of dog lacking rabies tag or other identification; holding period before destruction; notice to owner; reclamation of dog, cat, or ferret; fees; quarantine; exemption of hunting dog

(1) Peace officers or animal control officers shall seize and impound any dog which does not bear a valid rabies tag or other legible identification which is found running at large. Any dog which an officer or animal control officer seizes shall be impounded in the designated animal shelter of the county and confined in a humane manner. If, after a reasonable effort, the seizure of an unrestrained dog cannot be made, or the dog presents a hazard to public safety or property or has an injury or physical condition which causes the dog to suffer, the animal control officer or peace officer may immediately destroy the dog by the most reasonable and humane means then available.(2) (a) Impounded dogs shall be kept for not less than five (5) days, unless reclaimed by their owners. Dogs not reclaimed and those not placed in suitable new homes may be humanely euthanized after the five (5) day holding period, unless the dog has an injury or physical condition which causes it to suffer. In those cases the animal shelter may immediately euthanize the dog, and if a human being has been bitten by the dog, the dog shall be tested for rabies.(b) If an owner is identified, the impounding agency shall immediately notify the owner of the impoundment by the most expedient means available.(c) Any animal shelter, public or private, which takes in stray animals and does not have regular hours for public access, shall post semimonthly either in a local newspaper or the newspaper with the highest circulation in the county, the shelter location, hours of operation, the period that impounded animals shall be held, and a contact number.(3) Upon reclaiming an impounded dog, cat, or ferret, the owner shall show proof of a valid rabies vaccination. If proof of the vaccination cannot be provided, the owner shall purchase a vaccination voucher from the animal shelter. The voucher shall be valid for ten (10) days from the date of issuance and shall be used in the prescribed time period. The animal shelter shall reimburse the veterinarian for the amount of the voucher upon presentation to the shelter by the administering veterinarian.(4) The owner of an impounded animal is responsible for all fees associated with the impoundment of the animal. If the owner can be identified, the fees are due even if the owner does not reclaim the animal.(5) Dogs, cats, or ferrets which have bitten a person shall be maintained in quarantine by the owner for ten (10) days from the date of the bite. Owners who fail to properly quarantine their animals shall be subject to a citation for violation of this subsection and the dog, cat, or ferret shall be removed to the animal shelter for the remainder of the quarantine period. The owner shall be responsible for all associated fees of the quarantine and impoundment.(6) A hound or other hunting dog which has been released from confinement for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, the owner or handler shall not be deemed to be in violation of the provisions of this section as a result of the dog's having become temporarily lost or having wandered from immediate control or sight of the owner or handler.

CHAPTER 259. STRAYS AND ANIMALS RUNNING AT LARGE

259.120 Method of posting strays; fees

Strays shall be taken up and posted in the following manner:

(1) If a stray over two (2) years old is taken up, it shall be taken before a justice of the peace of the district, who shall administer to the taker-up an oath, in substance, that the animal was taken up by him as a stray on his premises within the preceding ten (10) days and that he has not defaced or altered the marks or brands of the animal. The justice shall then value the stray himself and take a correct description of the flesh-marks, age and brands of the same, all of which, together with the name and residence of the taker-up, he shall record in a book to be kept by him for that purpose. He shall give to the taker-up a copy of the record and deliver to the county clerk a certified copy of the same record within thirty (30) days, for the whole of which service he shall be paid by the taker-up fifty cents ($0.50).(2) The clerk shall immediately record the stray certificate of the justice in a book to be kept by him for that purpose, and he shall cause a true copy of the certificate to be posted at the door of the courthouse at the next two (2) succeeding court days of his county. His fee for this service shall be seventy-five cents ($0.75) to be paid by the taker-up.(3) The taker-up shall, within one (1) month after he has posted the stray, cause to be published pursuant to KRS Chapter 424, a copy of the justice's certificate.(4) If the stray is under two (2) years old the justice shall, in addition to the oath required by subsection (1), take, on the oath of the taker-up, a description of the stray and also the oath of some honest housekeeper of the value of the stray, and proceed as directed by subsection (1) when the stray is over two (2) years old.(5) The taker-up shall be paid by the owner of the stray, if and when he claims the stray or its value, the fees paid the justice and clerk, the cost of advertising and also a reasonable sum for keeping the stray, where the animal has not been used. The owner shall also pay the taker-up a fee of one dollar ($1) for each horse, mule, jack or jennet, and twenty-five cents ($0.25) for any other stray posted.

CHAPTER 262. SOIL AND WATER CONSERVATIONSOIL AND WATER CONSERVATION

262.010 Definitions

(1) "Board" means the board of supervisors of a conservation district;(2) "Commission" means the Conservation Commission;(3) "District" means a conservation district whenever used in KRS 262.010 through 262.660 or a watershed conservancy district whenever used in KRS 262.700 through 262.795;(4) "Due notice" means notice published in accordance with the legal notice provisions of KRS Chapter 424;(5) "Land occupier" or "occupier of land" includes any person other than the landowner who is in possession of any lands lying within the district, whether as lessee or otherwise;(6) "Landowner" or "owner of land" includes any person who holds legal or equitable title to the land within the district determined as follows:(a) By his, her, or their names appearing on the recorded deed to the land;(b) By title derived through a probated will or by the laws of descent and distribution under KRS Chapter 391;(c) Where a minor or person adjudged mentally disabled is the owner of land within the district, the guardian or conservator or whoever has the power of attorney shall have the right to vote for such landowner under the provisions of KRS Chapter 262;(d) Where the will has not been probated by the date of the referendum or election as provided in KRS Chapter 262, the executor of the deceased landowner shall have the right to vote for the devisee or devisees;(e) Where the land within the districts is held in trust, the trustee shall have the right to vote for the landowner under the provisions of KRS Chapter 262;(f) A landowner shall be entitled to but one (1) vote whenever he is given the right to vote under KRS Chapter 262 regardless of the number of tracts or parcels of land which he owns either wholly or in part, within the district;(g) Where a trustee, executor, guardian, conservator or other person with authority to vote for a landowner exercises such duty in relation to two (2) or more estates or tracts of land, within a district, such person shall have the right to vote separately for each such landowner which he represents within the district;(h) In the case of a dispute as to whether or not a person has the right to vote in an election or referendum under the provisions of KRS Chapter 262, the person seeking such right must provide to the satisfaction of the polling superintendent that he has the right to vote under this section.(7) "Supervisor" means one of the members of the governing body of a conservation district.

CHAPTER 262. SOIL AND WATER CONSERVATIONWATERSHED CONSERVANCY DISTRICTS

262.763 Audit of accounts; report of accountant; publication; copy of newspaper report to State Auditor of Public Accounts

(1) An audit of the accounts of each watershed conservancy district shall take place once every four (4) years unless the district receives or expends four hundred thousand dollars ($400,000) or more in any year, in which case the district shall provide for the performance of an annual audit. The board of directors of each watershed conservancy district shall select to make the audit certified public accountants who have no personal interest in the

financial affairs of the board of directors or in any of its officers or employees.(2) Immediately upon completion of each audit, the accountant shall prepare a report of his findings and recommendations. This report shall be to the board of directors and in such number of copies as specified by the board of directors. Immediately following receipt of the audit report, the board of directors shall cause a summary of the report or the text of the report to be advertised for the district by publication in a newspaper of general circulation in the area encompassed by the watershed conservancy district. The actual expense of any audit authorized under this section shall be borne by the watershed conservancy district.(3) The board of directors shall forward a copy of the newspaper in which the audit report appeared to the State Auditor of Public Accounts.

CHAPTER 267. DRAINAGE AND RECLAMATION ACT OF 1912

267.090 Drainage directors; election

(1) In every county where an improvement has been made under former laws or is made under this chapter, except those counties having seventy-five (75) or more separate drainage districts or those counties availing themselves of the provisions of KRS 267.390(3)(b) and 267.490 as provided in KRS 267.495, the county judge/executive shall annually call an election in each district, to be held in the courthouse at the county seat on some day in May designated by him. At this election the taxpayers of each district shall elect a director to represent the district on the board of drainage commissioners. The county judge/executive shall preside at the election of each district, which shall be by viva voce vote of each member present at the hour designated by the county judge/executive. The districts of the county shall be numbered by the county judge/executive, and the elections shall take place in the numerical order of the districts. If any district is not represented at the election, the county judge/executive shall appoint a taxpayer of that district as director to represent the district. The county judge/executive shall fill all vacancies by appointment. The call for election shall be made at least ten (10) days before the election by posting notice at the courthouse door and by publication pursuant to KRS Chapter 424.

(2) If the county judge/executive fails to carry out any of the provisions of this section, any five (5) taxpayers in any drainage district coming under the provisions of this chapter may call an election, and shall upon the day of the election designate one of their number to act in place of the county judge/executive, with all the rights of the county judge/executive under this section.(3) In counties having seventy-five (75) or more separate drainage districts or in counties availing themselves of the provisions of KRS 267.390(3)(b) and 267.490 as provided in KRS 267.495, the provisions of KRS 267.010 and 267.490 shall be followed.

267.120 Meetings; office; records; reports; expenses

(1) The board shall meet when called by the president. The president shall call a meeting upon the written request of two (2) or more directors. The board shall have an office at the county seat, which shall be provided with all necessary furniture, stationery and records. The board shall keep complete records of its proceedings, which shall be at all times open to the inspection of the public.(2) By April 1 of each year the board shall make a complete report of its acts during the previous year, showing the amount of money received and from what source, and the amount paid out and for what purpose. The report shall be spread upon its records and be open for public inspection. By April 1 of each year the board shall publish pursuant to KRS Chapter 424 a financial statement of the previous year, showing the amounts received, the date of receipt and from what source, and the amounts paid out, the date of disbursement and for what purposes.(3) All expenses incurred by the board shall be taken out of drainage funds and not from any general funds of the county.

267.210 Viewers' final report; notice; hearing

When the final report of the viewers is completed and filed, it shall be examined by the county judge/executive, and if it is found to be legal and in due form it shall be accepted, and if not it may be referred back to the viewers with instructions to secure further information, to be reported at a subsequent date fixed by the county judge/executive. The chief engineer shall examine the report, and may recommend any changes in the plan of drainage for final adoption by the board. Such changes, when adopted, shall become a part of the plan. When the report is completed and accepted by the county judge/executive, with any changes in the plan adopted by the board, a date not less than twenty (20) days thereafter shall be fixed by the county judge/executive for the final hearing upon the report, and notice shall be given by publication pursuant to KRS Chapter 424, and by posting a notice on the door of the courthouse in each county in which land affected is assessed, and at five (5) conspicuous places throughout the district. During this time a copy of the report shall be on file in the office of the county clerk in which the proceeding is pending, and shall be open to the inspection of any landowner or person interested within the district.

267.240 Construction contract; bond; board may construct

(1) Upon final reference to it by the court of any drainage proceedings, the board shall give notice by publication pursuant to KRS Chapter 424 in the county in which the improvement is located, of the time and place of letting the work of construction and of the approximate amount of work to be done and the time fixed for its completion. On the date appointed for the letting the board, together with the chief engineer, shall convene and let the work to the lowest responsible bidder, either as a whole or in sections, as they may deem most advantageous for the district. No bid shall be entertained that exceeds the estimated cost unless for good reasons it is shown that the original estimate was erroneous. The board may reject all bids and advertise again, if it believes it will be in the interest of the district to do so. The board may employ persons and teams and lease, rent, hire or purchase machinery and equipment, and directly construct the improvement according to the plans and specifications, without letting a contract. The board may exercise the same power in cleaning out, straightening and reconstructing old public ditches, but the expense in any case shall not exceed the estimate of the drainage engineer for the work.(2) If the board accepts a bid, the successful bidder shall be required to enter into a contract with the board and to execute a bond for the faithful performance of such contract, with sufficient sureties, in favor of the board for the use and benefit of the district, in an amount equal to fifty percent (50%) of the estimated cost of the work awarded to him. The board may maintain action for breach of the contract against any contractor and the sureties on his bond, and in case of breach of the contract the work may be advertised and relet in the same manner as the original letting.

267.300 Hearing on assessment roll and statement; notice; appeal; filing approved roll

(1) When the copies of the assessment roll and statement of costs are filed with the county clerk, the clerk shall give notice, by publication pursuant to KRS Chapter 424 in the county, of the filing of the assessment roll and statement, and that they will be heard on a date specified, which shall be not less than fifteen (15) nor more than thirty (30) days after the date of filing. The clerk shall also cause notices to be posted on the front door of the courthouse and in five (5) public places in the district more than ten (10) days prior to the hearing.(2) The county judge/executive shall hear in a summary way any objections to the cost of the improvement and to the assessment of land, and shall enter an order confirming the assessment roll or directing the board to change it in accordance with the finding of the court. No question or objection that could have been raised to the final report of the viewers or at any time before the filing of the assessment roll or statement of cost can be raised by exceptions to the assessment roll or statement of costs. The order of the county judge/executive shall be final and may be appealed from in the same manner as from orders confirming a report of the viewers.(3) The order shall direct the county clerk to certify to the county treasurer a copy of the assessment roll as filed by the board or as changed by the court. One (1) copy of the assessment roll shall be retained by the clerk and recorded as part of the drainage record. If land in any other county is assessed, another copy of the assessment roll so far as it relates to land in that county shall be filed with the county clerk of that county.

267.310 Payment and collection of assessments when average below twenty-five cents ($0.25) per acre

If the total assessment against the land is less than an average of twenty-five cents ($0.25) per acre, the assessments shall be collected in one (1) installment. In that case, after the assessment roll has been made out and one (1) copy delivered to the county treasurer, as provided in KRS 267.300, notice thereof shall be given by publication pursuant to KRS Chapter 424, and by posting one (1) notice at the courthouse door in each county in which land assessed is located. At any time within thirty (30) days thereafter, any landowner may pay the assessment against his land to the treasurer, who shall enter proper credit on the assessment roll. After said thirty (30) days the board shall recover the assessment roll from the treasurer and deliver it to the sheriff, accompanied by an order to collect the unpaid assessments. The sheriff shall proceed to collect the assessments. If land in any other county is assessed, a copy of the assessment roll, insofar as it relates to that land, shall be certified to the sheriff of that county. The roll, when placed in the hands of the sheriff, shall have the same effect as a tax against the land assessed, and shall be collected in the same manner as state and county taxes, except that the sheriff shall add to each assessment shown the amount of his commission. If not paid by December 1 following the date of certification or order to collect, a penalty of six percent (6%) shall be added.

267.320 Bonds authorized when average assessment exceeds twenty-five cents ($0.25) per acre; failure to pay assessment is consent to bonds

(1) If the total assessment exceeds the average of twenty-five cents ($0.25) per acre on all the land assessed, the board may give notice by publication pursuant to KRS Chapter 424, and by posting a notice at the door of the courthouse in each county in which land assessed is located, and at five (5) conspicuous places in the district, that it proposes to issue bonds for the construction of the improvement, giving the amount of bonds to be issued, the rate of interest they are to bear and the time when payable. Any landowner having land assessed in the district and not wanting to pay interest on the bonds may, within thirty (30) days after the publication of the notice, pay the county treasurer the full amount of his assessment and have his land released. If the landowner produces a treasurer's receipt showing such payment, the county clerk or the secretary of the board shall indorse the release upon the assessment roll, and report to the board all releases made by him. This report shall be recorded on the

record or minutes of the board. When the board is satisfied that any assessment has been paid it may order a release made.(2) Each person owning land assessed in the district who fails to pay the full amount of his assessment within thirty (30) days after publication of the notice shall be deemed to consent to the issuing of bonds, and in consideration of the right to pay his assessment in installments he thereby waives his right to any defense against the collection of the assessment because of any irregularity, illegality or defect in the proceeding prior to that time, except in the case of an appeal, which is not affected by this waiver.

267.350 Board or court may change assessment; relevy

(1) When the county judge/executive has confirmed an assessment for any improvement and it has been modified by a court of superior jurisdiction, or for some unforeseen cause it cannot be collected, the board may change the original assessment to conform to the judgment of the court and to cover any deficit caused by the order of the county judge/executive, or unforeseen occurrence.(2) In any other case where, for any cause, it is ascertained that the amount assessed against the property in the district is not sufficient to complete the improvement provided for, and a petition is filed by the board, or any three (3) or more of the original petitioners, or by the board and three (3) or more of the petitioners, stating the amount of the deficit, the causes thereof and the amount necessary to be raised in order to complete the work, and asking an additional assessment and levy, the county judge/executive shall cause the county clerk to give notice of the filing and purpose of the petition, and shall fix a time between ten (10) and twenty (20) days from the giving of the notice when the petition will be acted upon, and exceptions, answers or objections received. The notice shall be published pursuant to KRS Chapter 424, and posted in at least three (3) public places in the district. Such publication shall be sufficient notice of the proceeding to all parties affected. Upon hearing, if the county judge/executive finds that the additional assessment and levy asked for in the petition are necessary and ought to be made in order to complete the work, he shall direct such assessment and relevy to be made by the board.(3) Any additional assessment and relevy made under this section shall be made in the same ratio on the land benefited as the original assessment, and shall be collected in the same way.

267.510 Board for separate district; election; term; vacancies

(1) As soon as practicable after the judgment establishing a separate drainage district becomes final, the county judge/executive shall, with the advice and assistance of the engineer, enter an order dividing the district into three (3) precincts, as near equal in area of lands reported as benefited as is practicable, and calling a meeting of the landowners affected, to be had at some public place in the county in which the proceeding is pending, at a day and hour fixed in the order. The date for the meeting shall be not less than twenty (20) days from the entry of the order calling it. The county clerk shall give notice of the meeting by publication pursuant to KRS Chapter 424, and by posting not less than five (5) posters in different public places in the district at least fifteen (15) days before the date set. The landowners, when assembled, shall organize by the election of a chairman and secretary of the meeting, who shall conduct the election. At this election each acre of land, as near as may be arrived at by estimate or from the evidence heard before the county judge/executive on the cross-petition, shall represent one (1) share, and each owner shall be entitled to one (1) vote for each share estimated to be owned by him in the district. The name of at least one (1) person shall be put in nomination for the office of district commissioner from each of the three (3) precincts. The one (1) person from each of the three (3) precincts receiving the highest number of votes shall be declared elected as district commissioner. The district commissioner shall immediately by lot determine the terms of their office, which shall be, respectively, one (1), two (2) and three (3) years, and shall serve until their successors are elected and qualified.(2) Each year after the election of the first district board, at such time and place in the district as the district board designates, and after notice, as above provided, the landowners in the district shall meet and elect one (1) district commissioner, who shall be an owner of land in the same precinct as that in which the district commissioner whose term is about to expire owns land, and who shall hold office for three (3) years and until his successor is elected and qualified. In case of a vacancy in any office of district commissioner, the remaining district commissioners may fill the vacancy, with some person having the precinct qualification, until the next annual election, when a successor shall be elected for the unexpired term. A district commissioner whose term is expiring shall be eligible for reelection.

CHAPTER 268. DRAINAGE AND RECLAMATION ACT OF 1918

268.160 Election of board; qualifications; bond; officers; powers

(1) The county judge/executive shall divide the district into three (3) precincts as nearly equal in area as practicable, following owners' property lines, and immediately upon such division he shall appoint a temporary secretary to act for the district board. The secretary for the board shall record the result of the division of the district into precincts in the drainage record.(2) The secretary shall give twenty (20) days' notice by posting three (3) notices in each precinct of the district and by publication pursuant to KRS Chapter 424, informing the owners of the district that they may vote for a drainage

commissioner for each precinct and a secretary for the board and the district, within a stated time. The vote shall be taken by the owners filing a written designation of choice, together with the number of acres the voter owns in the district, or if benefits have been confirmed the amount of benefits assessed against the owner's land, with the county judge/executive. Each acre owned and assessed in the district shall count one (1) vote, or if benefits have been confirmed each one hundred dollars ($100) or fraction thereof in benefits assessed against the voter's land shall count one (1) vote for secretary and drainage commissioner. The votes of the owners, when cast and filed with the county judge/executive, shall be recorded by the secretary of the board in the drainage record immediately after the expiration of the time for casting the vote. Votes shall be filed with the county judge/executive by the first Monday in April for drainage commissioner and for secretary, for a term of one (1) year beginning on the first Monday of May following. If there is a tie vote in any contest the judge of the county where the district has been established shall cast the deciding vote.(3) The board shall consist of three (3) members, being the persons who have received the largest number of votes in each of the three (3) precincts. The secretary shall be the party who received the largest number of votes from the district at large for that office. The board shall elect some responsible resident of the district, who is not a member of or secretary to the board, as treasurer. The treasurer shall be paid whatever salary the board deems proper, and shall execute bond as the board directs. One (1) month after the advertised election is completed, or on the first Monday in May if not an advertised election, the elected officers shall take charge of the drainage record and all records, maps, papers and property belonging to the district, except money in the hands of the treasurer.(4) No one except an owner of land in the precinct for which he acts shall be eligible for drainage commissioner. Each commissioner shall be a freeholder and over twenty-one (21) years of age. The board shall have control of all improvements in the district, except as otherwise provided. Vacancies in the office of board member or secretary shall be filled by a special election after due advertising. Each drainage commissioner when elected shall execute bond for the faithful performance of his duties in the sum of $2,500 and shall be sworn to perform the duties of his office to the best of his ability.(5) Immediately upon election and qualification, the board shall become a body corporate, under the name and style of the "Board of Drainage Commissioners of .......... District," with all the powers of a corporation or as necessary to carry on its work. It shall use a corporate seal which it may change at pleasure. The board shall elect from among its members a president, and a vice president.

268.170 Office and meetings of the board; records; reports; expenses

(1) The board shall furnish its secretary with the necessary office room, furniture, fixtures, stationery, maps, plats, typewriter, and postage. The board shall meet as often as necessary for the proper discharge of duties at whatever places these duties require within the county in which any part of the district lies. The board shall keep complete records of its proceedings, which shall be at all times open to the inspection of the public.(2) The treasurer of the board shall, by May 1 of each year, make a complete and itemized report of its accounts and doings during the previous year, showing the amount of money received and from what source and the amount paid out and for what purposes. This report shall be spread upon the records and open for public inspection. He shall also, by May 1 of each year, have published pursuant to KRS Chapter 424 in the county where most of the acreage of the district lies, a complete and itemized statement of the previous year showing the accounts received, the date of receipt and from what sources, the amounts paid out, the date of disbursement and for what purposes.(3) All expenses incurred by the board shall be taken out of drainage funds and not from any general funds of the county. The commissioners shall be paid not more than three dollars ($3) per day while actually engaged in the performance of their duties as well as all traveling expenses incurred in attending any meeting of the board or in the performance of their duties, to be paid out of the funds of the district.

268.280 Notice of hearing on appraisers' report; form

(1) When the report of the appraisers is filed the secretary shall cause a notice to be sent to each landowner named in the report whose property is shown to be affected by the proposed improvement.(2) The notice given by the secretary shall be substantially as follows:

"In re drainage district No. ... of.................... County (or of ....................Counties), Kentucky

"Notice is hereby given to all owners of property in (drainage), (levee), (reclamation) district known as (insert name of district), the boundaries of which district are as follows: (here insert boundary description and also a separate description of any property added by the appraisers, together with the name of the owner), and to all persons whose property may be affected, that the board of appraisers has filed in the office of the secretary of the board its report in which it states and shows the benefits, damages and the assessments of benefits made upon all property in the district, the classification thereof and an appraisal of the value of the property necessary to be taken or used, or which will be affected by the making of the improvement. This proceeding is set for hearing on the ............... day of ..............., 19...... The report is on file in my office and subject to inspection by any person. Any person desiring to file written objections thereto, must do so on or before the day set for the hearing. Upon your failure to appear or file

written objections to the report by that date, it will be construed by the board that you have no reasons to offer why it should not be confirmed.

"Done by me as secretary of the ...............board on this the .......... day of ...............,19.....

.................... Secretary."

(3) The clerk shall also post a copy of the above notice at the front door of the courthouse of the county where the proceeding is pending, within five (5) days after the report is filed in his office, and shall cause it to be published pursuant to KRS Chapter 424.

268.360 Copies of assessment record filed with clerk; clerk's notice; determination of objection; final order

(1) As soon as the drainage assessment record is completed, the board shall deliver the copies to and file them with the county clerk in which county the district is organized. The clerk shall receive them, and, beginning within five (5) days, publish notice of such filing pursuant to KRS Chapter 424. The notice shall be in substantially the following form:

"State of Kentucky.

"County of...........

"In the matter of the.......... (drainage), (levee), (reclamation) District. Notice is hereby given to all persons interested that the board of drainage commissioners of.......... County did on the..... day of.........., 19..., file in my office..... copies of the drainage assessment record for the above district in which they show the aggregate costs of the improvements to be made according to the plan for reclamation, also the aggregate of all benefits to property and the minimum district assessment and the apportionment thereof to each piece of property, together with the total of such assessments which are to be paid for each separate piece of property.

"All persons interested are hereby notified that they may inspect this record at any time, and are given until.......... to file written objections to these final assessments.

"Unless you file objections thereto by that date, it will be taken for granted that the assessments are correct, and correctly apportioned to each separate piece of property, and they will be confirmed, and become the fixed assessments upon each piece of property.

"Given under my hand as county clerk on this the..... day of.........., 19....

.......... Clerk."(2) If objections are filed, they shall be determined by the county judge/executive in a summary way. If errors are found, they shall be by proper orders corrected. The order of the county judge/executive shall direct the clerk to show such corrections on all the copies of the assessment record in red ink. When all errors in the assessment are ordered corrected by the county judge/executive, he shall approve the assessment record.(3) The final order of approval and confirmation by the county judge/executive shall be final and conclusive upon all property within the district. The assessment record, when corrected by the clerk under orders of the county judge/executive, shall be endorsed by the county judge/executive as the assessment record of the district, and thereafter no question may be raised concerning the correctness of any assessment shown in the record.(4) One (1) of the several copies of the assessment record, properly corrected and endorsed by the county judge/executive, shall remain in the office of the county clerk. The remaining copies shall be certified and delivered by the clerk to the secretary of the board of the county in which the district was organized.

CHAPTER 269. MISCELLANEOUS PROVISIONS AS TO DITCHES, DRAINAGE, AND RECLAMATION

269.030 Notice of intention to refund bonds; form; majority of owners may require abandonment of refunding

(1) Before issuing any refunding bonds the board of drainage commissioners or other governing authority shall set a date and place for a hearing, and give notice of the hearing to all persons owning any interest in any property assessed in the district of its intention to refund the bonds. This notice shall be published pursuant to KRS Chapter 424. The hearing shall be held by the board or governing authority at the place designated by it.(2) The notice will be sufficient if substantially in the following form:

"All persons interested in property lying in .................... District, .................... County, Kentucky, take notice:

"That .................... District, .................... County, Kentucky, desires to refund all (part) of its outstanding bonded indebtedness (and accrued interest) and that at .................... in the City of ...................., on the ..... day of ..............., 19....., at ..... o'clock ..... any person having an interest in any property in the district may appear before the board of drainage commissioners (other governing authority) of the district, and show any cause why the refunding should not be done, and taxes in addition to the assessed benefits levied, if necessary, for the purpose of paying interest on the refunding bonds. You are further notified that if a majority of the owners of land in the district, owning a majority of the acres of land therein, object, the refunding will be abandoned. You will further take notice that unless the refunding is abandoned, any owner may, at any time within two weeks after the making of the order to issue refunding bonds, pay the full amount of uncollected principal tax or assessment chargeable to his property for the payment of the bonds proposed to be refunded. Any tract on which the tax or assessment is paid will be released from any tax or assessment for the payment of the refunding bonds, but shall remain subject to any additional taxes that may be levied by the district.

"Dated at ...................., Kentucky, the ..... day of ..............., 19....., Board of Drainage Commissioners (other governing authority) of .................... County, Kentucky, by ...................."(3) If, at or prior to the holding of the meeting and hearing, a majority of the owners in the district, owning a majority of the acres of land therein, file with the board or other governing authority written objections to the refunding of the outstanding bonds, the board or other governing authority shall enter an order reciting the fact that the objections have been filed and abandoning the refunding.

269.150 Tax notice; form; complaint; hearing on assessment

(1) The board of commissioners shall cause to be published pursuant to KRS Chapter 424, a notice substantially as follows:

"The .................... company's tax notice.

"All holders and persons interested in land within the boundary of the .................... company are hereby notified that the board of commissioners appointed by the county judge/executive under KRS 269.120 has reported an assessment and apportionment upon the land, and on the .......... day of ............... (insert date) it was filed with the clerk of the Circuit Court. Any person having any complaint to make of excessive or unjust assessment or apportionments shall file such complaint in writing with the clerk of the Circuit Court within thirty days after the filing of said report. As soon as practicable after the expiration of such thirty days, the clerk will set it to a day for hearing.

Signed (insert name).



Board of Commissioners."

The board of commissioners shall also post copies of the notice at six (6) prominent places within the boundary, within seven (7) days after the filing of the report.(2) Any person interested, including the corporation, may, within thirty (30) days from the filing of the report, file a complaint in writing with the clerk of the Circuit Court, specifying the parcel of land and alleged deficiency or partiality. The clerk shall assign the hearing of the complaints to the first day convenient to the Circuit Court at which the corporation and complainants may be heard. The court may pass upon the justice and fairness of the complaint summarily, and receive evidence if necessary, orally or in writing.(3) The Circuit Court shall approve, reduce or increase the assessment, within the limits fixed by law. As to those lands with reference to which no complaint has been filed within thirty (30) days, the court shall confirm and approve the report. When all complaints have been determined, the court shall order the report as a whole approved and confirmed, and the assessments and apportionments shall be deemed conclusive and binding upon all parties. The court may correct any error in the report, or, if necessary, recommit it, or any part of it, to the board of commissioners at any time before confirmation.

CHAPTER 271B. BUSINESS CORPORATIONSSUBTITLE 14. DISSOLUTIONVOLUNTARY DISSOLUTION

271B.1-410 Written or oral notice; how given; when effective

(1) Notice under this chapter shall be in writing unless oral notice is reasonable under the circumstances. Notice by electronic transmission is written notice.(2) Notice may be communicated in person; by mail or other method of delivery; or by telephone, voice mail, or

other electronic means. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published; or by radio, television, or other form of public broadcast communication.(3) Written notice by a domestic or foreign corporation to its shareholder, if in a comprehensible form, shall be effective:(a) Upon deposit in the United States mail, if mailed postpaid and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders; or(b) When electronically transmitted to the shareholder in a manner authorized and in accordance with the shareholder's instructions, if any.(4) Written notice to a domestic or foreign corporation (authorized to transact business in this state) may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual report or, in the case of a foreign corporation that has not yet delivered an annual report, in its application for a certificate of authority.(5) Except as provided in subsections (3) and (4) of this section, written notice, if in a comprehensible form, shall be effective at the earliest of the following:(a) When received;(b) Five (5) days after its deposit in the United States mail, if mailed postpaid and correctly addressed; or(c) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.(6) Oral notice shall be effective when communicated if communicated in a comprehensible manner.(7) If this chapter prescribes notice requirements for particular circumstances, those requirements, shall govern. If articles of incorporation or bylaws prescribe notice requirements not inconsistent with this section or other provisions of this chapter, those requirements shall govern.

271B.14-070 Unknown claims against dissolved corporation

(1) A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.(2) The notice shall:(a) Be published one (1) time in a newspaper of general circulation in the county where the dissolved corporation's principal office (or, if none in this state, its registered office) is or was last located;(b) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and(c) State that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within two (2) years after the publication of the notice.(3) If the dissolved corporation publishes a newspaper notice in accordance with subsection (2) of this section, the claim of each of the following claimants shall be barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two (2) years after the publication date of the newspaper notice:(a) A claimant who did not receive written notice under KRS 271B.14-060;(b) A claimant whose claim was timely sent to the dissolved corporation but not acted on; and(c) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.(4) A claim may be enforced under this section:(a) Against the dissolved corporation, to the extent of its undistributed assets; or(b) If the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him in liquidation, whichever is less, but a shareholder's total liability for all claims under this section shall not exceed the total amount of assets distributed to him.

CHAPTER 272. COOPERATIVE CORPORATIONS AND ASSOCIATIONSCOOPERATIVE LIVESTOCK PROTECTIVE ASSOCIATIONS

272.430 Meetings

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

CHAPTER 273. RELIGIOUS, CHARITABLE, AND EDUCATIONAL SOCIETIES; NONSTOCK, NONPROFIT CORPORATIONSCOMMUNITY ACTION AGENCIES

273.435 Designation of community action agency

(1) A community action agency may be designated by the following political subdivisions:(a) One (1) or more counties;(b) One (1) or more municipal corporations; or(c) One (1) or more counties and one (1) or more municipal corporations.(2) The chief elected official of the designating political subdivision may designate:(a) The political subdivision as the community action agency, with the concurrence of the legislative authority of the political subdivision; or(b) An eligible private nonprofit corporation as a community action agency if such corporation's board of directors is established pursuant to KRS 273.437.(3) In the event a political subdivision elects not to designate a community action agency as provided under this section, the Governor may designate an eligible private nonprofit corporation as the community action agency for the political subdivision; provided, however, that the board of directors for the community action agency shall be established pursuant to KRS 273.437.(4) The designating political subdivision shall:(a) Publish, pursuant to KRS Chapter 424, a notice containing the designation of a community action agency, a summary of the plan for such agency, a location at which the plan can be reviewed, and the time, date, and location of a hearing on the plan; and(b) Not less than thirty (30) nor more than sixty (60) days from the publication of the notice in subsection (1), convene a public hearing specifically for the purpose of receiving public comment on the designation plan.(5) All community action agencies which were organized and operating subject to the provisions of KRS 273.410 to 273.455 [FN1] as of September 30, 1981, shall be recognized as the community action agencies for each applicable political subdivision unless and until each political subdivision exercises the authority granted under this section.(6) No community action agency shall be created after July 15, 1982 unless the:(a) Population of the political subdivision equals or exceeds fifty thousand (50,000); or(b) Political subdivisions designating a new community action agency are geographically contiguous and include a combined population equal to or exceeding fifty thousand (50,000).

CHAPTER 275. LIMITED LIABILITY COMPANIES

275.325 Publication of notice of dissolution; barred claims; enforceable claims

(1) A dissolved limited liability company may publish notice of its dissolution pursuant to this section.(2) The notice shall:(a) Be published once in a newspaper of general circulation in the county where the limited liability company's principal office, or, if none in this state, its registered office, is or was last located;(b) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and(c) State that a claim against the limited liability company will be barred unless a proceeding to enforce the claim is commenced within two (2) years, or five (5) years for a professional limited liability company, after the publication of the notice.(3) If the dissolved limited liability company publishes a newspaper notice in accordance with subsection (2) of this section and, if required, files articles of dissolution pursuant to KRS 275.315, the claim of each of the following claimants shall be barred unless the claimant commences a proceeding to enforce the claim against the limited liability company within two (2) years, or five (5) years for a professional limited liability company, after the later of publication date of the newspaper notice or the filing of the articles of dissolution pursuant to KRS 275.315, the filing of a certificate of dissolution by the Secretary of State pursuant to KRS 275.295(2)(b), or the filing of a decree of judicial dissolution by the Secretary of State pursuant to KRS 275.290(2):(a) A claimant who did not receive written notice under KRS 275.320;(b) A claimant whose claim was timely sent to the limited liability company but not acted on;(c) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.(4) A claim may be enforced under this section:(a) Against the limited liability company, to the extent of its undistributed assets; or(b) If the assets have been distributed in liquidation, against a member of the limited liability company to the extent of his pro rata share of the claim or the assets of the limited liability company distributed to him in liquidation, whichever is less, but a member's total liability for all claims under this section shall not exceed the total amount of assets, less liabilities assumed or taken subject to, distributed to him.

CHAPTER 278. PUBLIC SERVICE COMMISSIONPUBLIC UTILITIES GENERALLY

278.027 Application for certificate; publishing notice of hearing

When application required by KRS 278.020 is made to the commission for a certificate that public convenience and necessity require the construction of a new electric transmission line of four hundred (400) kilovolts or more, during the thirty (30) days immediately preceding the public hearing on such application provided for in KRS 278.020(1), the commission shall, on at least four (4) days, publish notice of such hearing in a newspaper or newspapers of general circulation in the counties and municipalities within which such transmission facility is proposed to be located in whole or in part. The commission shall not issue such a certificate for a new electric transmission line of four hundred (400) kilovolts or more unless the commission shall first determine that the proposed route of the line will reasonably minimize adverse impact on the scenic and environmental assets of the general area concerned, consistent with engineering and other technical and economic factors appropriate for consideration in determining the route of the line. At the said public hearing provided for in KRS 278.020(1), all persons residing on or owning property affected by the proposed transmission facility may be heard.

278.706 Application for certificate to construct merchant electric generating facility; fees; replacement or repair does not constitute construction

(1) Any person seeking to obtain a construction certificate from the board to construct a merchant electric generating facility shall file an application at the office of the Public Service Commission.(2) A completed application shall include the following:(a) The name, address, and telephone number of the person proposing to construct and own the merchant electric generating facility;(b) A full description of the proposed site, including a map showing the distance of the proposed site from residential neighborhoods, the nearest residential structures, schools, and public and private parks that are located within a two (2) mile radius of the proposed facility;(c) Evidence of public notice that shall include the location of the proposed site and a general description of the project, state that the proposed construction is subject to approval by the board, and provide the telephone number and address of the Public Service Commission. Public notice shall be given within thirty (30) days immediately preceding the application filing to:1. Landowners whose property borders the proposed site; and2. The general public in a newspaper of general circulation in the county or municipality in which the plant is proposed to be located;(d) A statement certifying that the proposed plant will be in compliance with all local ordinances and regulations concerning noise control and with any local planning and zoning ordinances. The statement shall also disclose setback requirements established by the planning and zoning commission as provided under KRS 278.704(3);(e) If the facility is not proposed to be located on site of a former coal processing plant and the facility will use on-site waste coal as a fuel source or in an area where a planning and zoning commission has established a setback requirement pursuant to KRS 278.704(3), a statement that the proposed site is at least one thousand (1,000) feet from the property boundary of any adjoining property owner and two thousand (2,000) feet from any residential neighborhood, school, hospital, or nursing home facility, unless facilities capable of generating ten megawatts (10MW) or more currently exist on the site. If the facility is proposed to be located on site of a former coal processing plant and the facility will use on-site waste coal as a fuel source, a statement that the proposed site is compatible with the setback requirements provided under KRS 278.704(5). If the facility is proposed to be located in a jurisdiction that has established setback requirements pursuant to KRS 278.704(3), a statement that the proposed site is compatible with those established setback requirements;(f) A complete report of the applicant's public involvement program activities undertaken prior to the filing of the application, including any use of media coverage, direct mailing, fliers, newsletters, public meetings, establishment of a community advisory group, and any other efforts to obtain local involvement in the siting process;(g) A summary of the efforts made by the applicant to locate the proposed facility on a site where existing electric generating facilities are located;(h) Proof of service of a copy of the application upon the chief executive officer of each county and municipal corporation in which the proposed facility is to be located, and upon the chief officer of each public agency charged with the duty of planning land use in the jurisdiction in which the facility is proposed to be located;(i) An analysis of the proposed facility's projected effect on the electricity transmission system in Kentucky;(j) An analysis of the proposed facility's economic impact on the affected region and the state;(k) A detailed listing of all violations by it, or any person with an ownership interest, of federal or state environmental laws, rules, or administrative regulations, whether judicial or administrative, where violations have resulted in criminal convictions or civil or administrative fines exceeding five thousand dollars ($5,000). The status of any pending action, whether judicial or administrative, shall also be submitted; and(l) A site assessment report as specified in KRS 278.708. The applicant may submit and the board may accept documentation of compliance with the National Environmental Policy Act (NEPA) rather than a site assessment report.(3) Application fees for a construction certificate shall be set by the board and deposited into a trust and agency account to the credit of the commission.(4) Replacement of a merchant electric generating facility with a like facility, or the repair, modification, retrofitting, enhancement, or reconfiguration of a merchant electric generating facility shall not, for the purposes of this section and KRS 224.10-280, 278.704, 278.708, 278.710, and 278.712, constitute construction of a merchant electric generating facility.(5) The board shall promulgate administrative regulations prescribing fees to pay expenses associated with its

review of applications filed with it pursuant to KRS 278.700 to 278.716. All application fees collected by the board shall be deposited in a trust and agency account to the credit of the Public Service Commission. If a majority of the members of the board find that an applicant's initial fees are insufficient to pay the board's expenses associated with the application, including the board's expenses associated with legal review thereof, the board shall assess a supplemental application fee to cover the additional expenses. An applicant's failure to pay a fee assessed pursuant to this subsection shall be grounds for denial of the application.

278.714 Application for certificate to construct nonregulated electric transmission line; granting or denial; public hearing; fee

(1) No person shall commence to construct a nonregulated electric transmission line without a construction certificate issued by the board. An application for a construction certificate shall be filed at the offices of the Public Service Commission along with an application fee as set forth in subsection (5) of this section.(2) A completed application shall include the following:(a) The name, address, and telephone number of the person proposing construction of the nonregulated transmission line;(b) A full description of the proposed route of the transmission line and its appurtenances. The description shall include a map or maps showing:1. The location of the proposed line and all proposed structures that will support it;2. The proposed right-of-way limits;3. Existing property lines and the names of persons who own the property over which the line will cross; and4. The distance of the proposed line from residential neighborhoods, schools, and public and private parks within one (1) mile of the proposed facilities;(c) A full description of the proposed line and appurtenances, including the following:1. Initial and design voltages and capacities;2. Length of line;3. Terminal points; and4. Substation connections;(d) A statement that the proposed transmission line and appurtenances will be constructed and maintained in accordance with accepted engineering practices and the National Electric Safety Code;(e) Evidence that public notice has been given by publication in a newspaper of general circulation in the general area concerned. Public notice shall include the location of the proposed line, shall state that the proposed line is subject to approval by the board, and shall provide the telephone number and address of the Public Service Commission; and(f) Proof of service of a copy of the application upon the chief executive officer of each county and municipal corporation in which the proposed line is to be located, and upon the chief officer of each public agency charged with the duty of planning land use in the general area in which the line is proposed to be located.(3) Within ninety (90) days of receipt of the application, or one hundred twenty (120) days if a local public hearing is held, the board shall, by majority vote, grant or deny the construction certificate either in whole or in part. Action to grant the certificate shall be based on the board's determination that the proposed route of the line will minimize significant adverse impact on the scenic assets of Kentucky and that the applicant will construct and maintain the line according to all applicable legal requirements. In addition, the board may consider the interstate benefits expected to be achieved by the proposed construction or modification of electric transmission facilities in the Commonwealth. If the board determines that locating the transmission line will result in significant degradation of scenic factors or if the board determines that the construction and maintenance of the line will be in violation of applicable legal requirements, the board may deny the application or condition the application's approval upon relocation of the route of the line, or changes in design or configuration of the line.(4) A public hearing on an application to construct a nonregulated electric transmission line may be held in accordance with the provisions of KRS 278.712.(5) The board shall promulgate administrative regulations to establish an application fee for a construction certificate for a nonregulated transmission line in accordance with KRS 278.706(3).

CHAPTER 280. PRIVATE TOLL BRIDGES AND FERRIESINTRASTATE BRIDGES AND FERRIES CONNECTING WITH STATE PRIMARY ROAD SYSTEM

280.030 Application for certificate; when granted

(1) Every person applying for a certificate of convenience and necessity under KRS 280.020 shall, at the time of application, make and file with the Department of Highways a statement in a form as the department prescribes.(2) The statement shall, in addition to any other information required by the department, contain:(a) The name of the applicant;(b) The nature of the applicant, whether an individual, association, or corporation, and under the laws of what state organized;(c) The location of its principal office;(d) The names and post office addresses of its president, secretary, auditor, treasurer, and superintendent or

manager;(e) The name and post office address of its chief officer or managing agent in this state;(f) The location of the termini between which it transacts its ferry or bridge business;(g) The number and capacity of boats or other vehicles owned and used for the ferry or the width of driveway of the bridge;(h) The schedule of hours of service and trips made; and(i) The schedule showing the rates to be charged and the classification of patrons by rates.(3) The statement shall be made under the oath of the applicant or, if the applicant is an association or corporation, under the oath of its president, secretary, treasurer, superintendent or manager.(4) The department shall, after the filing of the application, fix a date for a public hearing on the application, which shall be within thirty (30) days after the filing. The applicant shall give notice of the filing of the application by publication pursuant to KRS Chapter 424.(5) If it is made to appear to the department that public convenience and necessity requires the operation of the bridge or ferry, the department shall grant the certificate. Any person aggrieved by the decision of the department may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

280.220 Revocation of ferry privilege

(1) If the grantee of a ferry privilege does not, within six (6) months after the grant, put and keep the required boats and hands in use, the county judge/executive shall, after notice to him, revoke his grant.(2) Any failure for one (1) year to keep up a ferry in the manner required, or any sale or lease of a ferry privilege made to, or contract not to use a ferry privilege made with, the owner, tenant or partner of a ferry established within one (1) mile thereof, or the owner, tenant or partner of a ferry established on the other side of the Ohio River or Mississippi River, shall be deemed an abandonment of the ferry privilege, and the county judge/executive shall, upon notice to the grantee, revoke his ferry privilege.

CHAPTER 286. KENTUCKY FINANCIAL SERVICES CODESUBTITLE 3. BANKS AND TRUST COMPANIESRECEIVERS FOR INSOLVENT BANKS

286.3-868 Claims procedure; publication; rejection of claim; petition to receivership court

All parties having claims against the bank shall present their claims substantiated by legal proof to the receiver within one hundred eighty (180) days after the bank closing. The receiver shall cause notice of the claims procedure prescribed by this section to be published once a week for twelve (12) consecutive weeks in a local newspaper of general circulation and to be mailed to each person whose name appears as a creditor upon books of the bank, at his last address of record. The receiver shall notify in writing any claimant whose claim has been rejected within one hundred eighty (180) days following receipt of his claim. Notice shall be effective when mailed. Any claimant whose claim has been rejected by the receiver may petition the receivership court for a hearing on his claim within sixty (60) days from the date his claim is rejected.

CHAPTER 286. KENTUCKY FINANCIAL SERVICES CODESUBTITLE 5. SAVINGS AND LOAN ASSOCIATIONS

286.5-051 Office, located where; change of name or location

(1) Without the prior approval of the executive director, as provided in this subtitle, no association shall establish any office other than its home office, which shall be in the city and county named in the certificate of incorporation. No office of an association shall be moved from its immediate vicinity unless approved by the executive director.(2) The name or the location of the home office of any association fixed in the certificate of incorporation may be changed in the following manner: The proposed new name or the new location of the home office of the association shall be approved by a resolution adopted by the board of directors. Immediately preceding application to the executive director for approval, notice of intention to change the name or the location of the home office, signed by two (2) officers, shall be published once a week for two (2) successive weeks in a newspaper of general circulation in the county in which the home office is located, and a copy of such notice shall be displayed during such consecutive two (2) weeks' period in a conspicuous place in the home office of the association. Five (5) copies of an application to the executive director for approval shall be signed by two (2) officers of the association, acknowledged before an officer competent to take acknowledgments of deeds and filed with the executive director. Upon approval of an application for change of name, the executive director shall indorse on each copy of the application therefor a certificate of approval thereof, and the change of name of such association shall be effective immediately. Upon approval of an application for change of location of the home office of an association, the executive director shall indorse on each copy of such application a certificate of approval, as provided in this subtitle. When the executive director shall have indorsed such approval upon the copies of an application for approval of change of name or change of location of the home office, he shall file one copy thereof with the

secretary of state, two (2) copies with the federal home loan bank of which the association is a member, return one (1) copy to the applicant association and retain the original copy in the permanent files of his office.

286.5-121 Publication of financial statement

Every association shall prepare and publish annually in a newspaper of general circulation in the county in which the home office of such association is located, and shall deliver to each member upon application therefor, a statement of its financial condition in the form prescribed or approved by the executive director.

CHAPTER 299. ASSESSMENT OR COOPERATIVE INSURANCE

299.230 Meeting to change form of company; notice; vote necessary to change

Notice of the proposal to change the form of the corporate organization to the stock or mutual plan, and of the time and place of a meeting of the policyholders of the company to take action thereon, shall be published pursuant to KRS Chapter 424. In order to effect the change proposed, there shall be required, at the meeting, the affirmative vote in person, or the consent in writing, of at least two-thirds (2/3) of all the policyholders, and the concurrence of at least three-fourths (3/4) of the directors.

CHAPTER 304. INSURANCE CODE

304.2-320 Notice of hearing

(1) Notice of hearings shall be given in accordance with the provision of this chapter and KRS Chapter 13B. If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the executive director shall give notice to all persons whose pecuniary interest, to the executive director's knowledge or belief, are to be directly and immediately affected by the hearing.(2) If any hearing is to be held for consideration of matters which, under subsection (1) of this section, would otherwise require separate notice to more than thirty (30) persons, in lieu of other notice the executive director may give notice of the hearing by publication pursuant to KRS Chapter 424; but the executive director shall mail this notice to all persons who had requested the same in writing in advance and have paid to the executive director the reasonable amount fixed by him to cover the cost thereof.

304.3-210 Order, notice of suspension or revocation; publication; effect upon agents' authority

(1) All suspensions or revocations of, or refusal to continue, an insurer's certificate of authority shall be by the executive director's order given to the insurer.(2) Upon issuance of the order, the executive director shall forthwith give notice thereof to the insurer's agents in this state of record in the office, and shall likewise suspend or revoke the authority of such agents to represent the insurer.(3) In his discretion, the executive director may likewise publish notice of such suspension, revocation or refusal in one (1) or more newspapers of general circulation in the state.

304.37-565 Hearing; notice; application and plan review; order; revocation; notice and documentation of completion

(1) A public hearing required by KRS 304.37-505 and 304.37-510 shall be conducted as directed in Subtitle 2 of this chapter and KRS Chapter 13B.(2) In addition to any notice required by this chapter and KRS Chapter 13B, the office shall supplement any notice by newspaper publication and broadcast announcements, in accordance with KRS Chapter 424.(3) The executive director may retain at the applicant's expense any attorneys, actuaries, accountants, investment bankers, or other experts not otherwise a part of the executive director's staff that may be necessary to assist the executive director in reviewing the proposed application and plan of reorganization or merger.(4) Upon receipt of the application and plan of reorganization or merger, the executive director shall submit any application to the Attorney General for examination. The Attorney General shall have access to the executive director's staff and all consultants retained by the executive director for review of the application. The Attorney General may examine the application and plan or reorganization or merger for compliance with the standards in KRS 304.37-555. The Attorney General may submit written findings and a recommendation of approval, disapproval, or conditional approval of the application and plan or reorganization or merger to the executive director. Written findings and recommendations shall be delivered to the executive director no later than five (5) days prior to the public hearing required by KRS 304.37-505 and 304.37-510 and shall be entered into the record at the

hearing.(5) The executive director shall at all times retain jurisdiction over the mutual insurance holding company and its intermediate holding company subsidiaries with stock insurance company subsidiaries.(6) Following the hearing required in KRS 304.37-505 and 304.37-510, the executive director shall, by order, approve, conditionally approve, or deny an application. The executive director may require, as a condition of approval of the proposed reorganization, modification of the proposed plan or reorganization as the executive director finds necessary. The applicant shall accept required modifications by filing appropriate amendments to the proposed plan of reorganization with the executive director within thirty (30) days of the date of the order of the executive director requiring modifications. If the applicant does not accept the required modifications by failing to file the required amendments to the proposed plan of reorganization within thirty (30) days, the proposed reorganization shall be deemed denied.(7) An approval or conditional approval of a plan of reorganization shall expire if the reorganization is not completed within one hundred eighty (180) days unless the time period is extended by the executive director upon a showing of good cause.(8) The executive director may revoke approval or conditional approval of an applicant's plan of reorganization if the executive director finds the applicant has failed to comply with the plan of reorganization. The executive director may compel completion of a plan of reorganization unless the plan is abandoned in its entirety. The executive director shall retain jurisdiction over the applicant until a plan of reorganization has been completed.(9) Upon completion of all elements of a plan of reorganization and any conditions placed on the reorganization by the executive director, the applicant shall provide a notice of and documentation of completion to the executive director.(10) Within twelve (12) months after the executive director receives the notice specified in subsection (9) of this section, the executive director shall examine the affairs, transactions, accounts, records, and assets of the mutual holding company, reorganized insurer, and its affiliated persons for compliance with the plan of reorganization and for protection of policyholder interests.

CHAPTER 337. WAGES AND HOURSPUBLIC WORKS

337.522 Hearings; publication of determination; revisions; prevailing wage review boards attached to Department of Labor for administrative purposes

(1) The executive director or his authorized representative shall conduct a public hearing for the purpose of making initial determinations or current revisions of a prevailing wage schedule for the construction of public works pertaining to a locality. The executive director shall, within sixty (60) days of the hearing, publish his wage determination. The hearing shall be conducted in the locality after notice has been given as provided in subsection (3) of this section. The executive director shall not be required to utilize this section in any locality where the United States Department of Labor has issued a prevailing wage under the Davis-Bacon or related acts, in which case, the executive director may adopt the wage schedule and any modifications issued by the United States Department of Labor and published in the Federal Register.(2) A public authority or any interested person may request and shall be granted an additional hearing solely for the purpose of having considered a review of the executive director's determination of the prevailing wage schedule for the construction of public works in the locality; after notice has been given as provided in subsection (3) of this section, the hearing shall be conducted in the locality by a prevailing wage review board consisting of one (1) member representing employers in the construction industry, one (1) member representing labor in the construction industry, and one (1) member appointed by the public authority requesting the hearing. The member appointed by the public authority shall reside in the locality in which the public works are to be constructed. The members of the board representing employers in the construction industry and labor in the construction industry shall be appointed for periods of not more than four (4) years by the Governor from a list of prospective members recommended by bona fide associations representing the construction industry and bona fide labor organizations representing workers employed in the construction industry, and the members shall serve on the board for all hearings during their tenure. Prevailing wage review boards shall have the authority to revise prevailing wage schedules for the construction of public works; however, the revisions shall be governed by the same criteria and regulations governing wage determinations of the executive director. A revision of a prevailing wage schedule for the construction of public works shall require a vote of a majority of the members. The members of a prevailing wage review board shall receive their actual necessary expenses incurred in carrying out their duties and the expenses shall be paid out of the general fund of the Commonwealth of Kentucky.(3) Notice of hearings as required in subsections (1) and (2) of this section shall be given by advertising one (1) time in the newspaper having the largest circulation in the locality, and the advertisement shall be run not less than ten (10) nor more than twenty (20) days prior to the date of the hearing. The advertisement shall set forth all pertinent information of the hearing regarding the time, place, and purpose of the hearing.(4) The prevailing wage review boards shall be attached to the Department of Labor for administrative purposes.

CHAPTER 349. COALBED METHANE DEVELOPMENT

349.105 Procedure for plugging well; rights and duties of various parties; restoration of surface

(1) No person shall abandon or remove casings from any coalbed methane well, either dry or producing, without first plugging the well in a secure manner approved by the department and consistent with administrative regulations. Upon the department's plugging of an abandoned coalbed methane well in accordance with the requirements of this subsection, the department may sell all equipment removed from that well by sealed bid, or may include the equipment as part of compensation in the contract for the plugging of the well. Proceeds from the sale shall be deposited into the coalbed methane well plugging fund, established in KRS 349.120(3).(2) Not less than thirty (30) days before advertising for bids for the plugging of coalbed methane wells, the department shall publish, in a newspaper of general circulation, and in locally published newspapers serving the areas in which the wells proposed for plugging are located, notices of all wells on which there is salvageable equipment, described as to farm name, Carter Coordinate, and state plane coordinate location, for which the department intends to seek bids for plugging. If a person other than the operator claims an interest in the equipment of a well proposed for plugging, the person shall provide documentation of that interest to the department within thirty (30) days of the date of publication of the notice of the department's intent to plug a well. Prior to the department's advertising of bids for the plugging of a well, the department shall release the well's equipment to the person deemed to have an interest in that equipment. It shall be the duty of the interest holder to remove the equipment before the well is plugged. If documentation as to an asserted interest is not provided to the department in the manner described in this subsection or if a person deemed to be an interest holder fails to remove the equipment before a well is plugged, the department may sell or otherwise dispose of the equipment in accordance with this section.(3) If a person fails to comply with subsection (1) of this section, any person lawfully in possession of land adjacent to the coalbed methane well or the department may enter on the land upon which the well is located and plug the well in the manner provided in subsection (1) of this section, and may maintain a civil action against the owner or person abandoning the well, jointly or severally, to recover the cost of plugging the well. This subsection shall not apply to persons owning the land on which the well is situated, and drilled by other persons.(4) In conjunction with the plugging and abandonment of any coalbed methane well or the reworking of any coalbed methane well, the operator shall restore the surface and any improvements thereon to a condition as near as practicable to their condition prior to commencement of work. The surface owner and operator may waive this requirement in writing, subject to the approval of the department that the waiver is in accordance with its administrative regulations.

CHAPTER 350. SURFACE COAL MINING

350.093 Time and distance limits on reclamation efforts; deferments; drift or other underground mining; variances; release of bond

(1) As determined by administrative regulations of the cabinet, time and distance limits shall be established requiring backfilling, grading, and planting to be kept current, so that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable under regulations promulgated by the cabinet. All backfilling and grading shall be completed before necessary equipment is moved from the operation; except that the cabinet may for good cause approve the moving of equipment before all backfilling and grading is completed.(2) (a) The cabinet may allow a permittee to defer the time criteria of contemporaneous reclamation requirements on specified areas if the permittee can demonstrate that the deferment is necessary to address at least one (1) of the following:1. Adverse condition including weather, labor, and other conditions clearly beyond the permittee's control;2. Other bona fide mining operations carried out on a strip mined area, pursuant to KRS 350.080; or3. Coal marketing problems.(b) Application for a deferment pursuant to this section shall be in the form prescribed by the cabinet. The applicant shall have the burden of establishing the need for the deferment. The applicant for the deferment shall demonstrate that reclamation on the site is contemporaneous as of the date of the request for deferment and that distance requirements for contemporaneous reclamation will be met during the period of the deferment. Approval of the deferment request shall be made in writing. The approval shall state that the deferment is justified and that no environmental damage will occur during the period of deferment. Reclamation deferments may be approved for a period reasonably related to the specified conditions justifying the deferment, but the aggregate deferral period shall not exceed thirty (30) months. The deferral shall not extend beyond the expiration date of the permit. The cabinet shall periodically reexamine and update the amount of the bond on the permit area so that the amount of the bond is sufficient to assure completion of reclamation if the work had to be performed by the cabinet in the event of forfeiture.(3) If the permittee or operator desires to conduct drift mining or other underground mining upon the premises or use the openings for haulageways or other lawful purposes, the permittee or operator may designate locations to be used for purposes at which places it will not be necessary to backfill until the drift or other underground mining or other use is completed, during which time the bond on file for that portion of the operation shall not be released. That portion of the locations shall be described and designated on the map attached thereto. If the permittee or operator wishes to combine surface operations with underground mining operations to assure maximum practical recovery of coal resources, the cabinet may grant a variance, pursuant to regulations promulgated by the cabinet,

for specific areas within the reclamation plan from the requirement that reclamation efforts proceed pursuant to subsection (1) of this section so as to permit underground mining operations prior to reclamation.(4) The cabinet may release in whole or in part the reclamation bond or deposit for a particular operation if the cabinet is satisfied that the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this chapter. These bond releases shall be made in accordance with the following schedule:(a) When the permittee completes the backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable permit area.(b) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, additional bond or collateral for the applicable permit shall be released. When determining the amount of bond to be released after successful revegetation has been established, the cabinet shall retain that amount of the bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation; this amount shall be retained for the period specified for permittee responsibility for reestablishing revegetation. No part of the bond or deposit shall be released under this subsection as long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of requirements set by this chapter or until soil productivity for prime farm lands has returned to levels of yield equivalent to those of unmined land of the same soil type in the surrounding area under equivalent management practices as determined from soil surveys that may be required to be included in the permit application. If a sedimentation pond is to be retained as a permanent impoundment, the portion of bond may be released under this subsection so long as provisions for sound future maintenance by the permittee or the landowner have been made with the cabinet.(c) When the permittee has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, or collateral, but not before the expiration of the period specified for permittee responsibility. No bond shall be fully released until all reclamation requirements of this chapter are fully met.(5) Upon satisfying the requirements of subsections (4)(a), (b), or (c) of this section, the permittee may file, or the cabinet shall initiate, an application for total or partial bond release.(a) A permittee shall have the right to begin public advertisement of its request for bond release at the time it files its request for the release. The cabinet may undertake, at permittee expense, public advertisement of any cabinet initiated bond release. If the cabinet initiates a bond release pursuant to this subsection but chooses not to advertise the release pursuant to this section, and the permittee does not advertise the request for the release within the time schedules established by this subsection, the bond release application shall be denied. All public advertisements of bond release applications, whether authorized by the permittee or the cabinet, shall begin within sixty (60) days after either the filing of a bond release request by the permittee or the initiation of a bond release by the cabinet. Public advertisement shall occur at least once a week for four (4) successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation.(b) The public advertisement required by this subsection shall include: the permit number and permit approval date, notification of the precise location of the land affected, the number of acres, the type and amount of the bond filed and the portion sought to be released, the type and appropriate dates of reclamation work performed, a description of the results achieved as they relate to the operator's approved reclamation plan, and the name and address of the cabinet to which written comments, objections, or requests for public hearings and informal conferences on the specific bond release may be submitted. Proof of advertisement shall be placed with the bond release application within thirty (30) days after the advertisement.(c) Within thirty (30) days of filing of any bond release request, the permittee shall submit copies of letters which it has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation operation took place, notifying them of the intention to seek release from the bond. For bond releases initiated by the cabinet, the cabinet shall undertake the notification requirements set forth in this subsection.(d) Upon the filing of an application for bond release by a permittee, or the initiation of the release by the cabinet, the cabinet shall notify, within thirty (30) days of the filing or initiation, the municipality where the surface coal mining operation is located, pursuant to regulations promulgated by the cabinet.(6) Upon the filing of any partial or total bond release request by a permittee, the cabinet shall within thirty (30) days conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface or subsurface water is occurring, the probability of continuance of future occurrence of the pollution, and the estimated cost of abating the pollution.(7) The cabinet shall notify the permittee in writing of its decision to release or not to release all or part of the performance bond or deposit within five (5) days following receipt of proof of public advertisement as required in subsection (5)(b), or the end of the thirty (30) day public comment period, whichever is later, if no public hearing is held pursuant to subsection (10) of this section; and if there has been a public hearing held pursuant to subsection (10) of this section, within thirty (30) days thereafter.(8) If the cabinet disapproves the application for release of the bond or portion thereof, the cabinet shall notify the permittee, in writing, stating the reasons for disapproval and recommending corrective actions necessary to serve the release and allowing opportunity for a public hearing. The cabinet shall not disapprove an application for release of a surety bond or a bond secured by a letter of credit as provided for under subsection (4)(a) or (b) of this section or under the partial release provisions applicable to an interim permit, or take any action to forfeit the surety bond, or bond secured by letter of credit, solely upon the permittee's failure to pay penalties or fines, if applicable reclamation requirements for the requested release have been fully met. The cabinet shall not continue to hold under the interim or permanent program remaining surety bond proceeds or the remaining bond secured by a letter of credit where a forfeiture has occurred solely as a result of a failure to pay penalties or fines, if the

reclamation requirements of this chapter have been fully met.(9) The bond liability of the permittee shall include only those actions which the permittee is obliged to take under the permit, including completion of the reclamation plan.(10) Any person having a valid legal interest which might be adversely affected by release of the bond, and the responsible officer or head of any governmental agency so designated by cabinet regulations, shall have the right to file written objections to the proposed bond release with the cabinet, and to request a hearing in accordance with procedural regulations promulgated by the cabinet.

350.430 Explosives

The permittee or operator shall:(1) Provide adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every resident living within one-half (1/2) mile of the proposed blasting site and by providing daily notice to resident/occupiers in the areas prior to any blasting;(2) Maintain for a period of at least three (3) years and make available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;(3) Limit the type of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical conditions of the site so as to prevent injury to persons, damage to public and private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of ground or surface water outside the permit area;(4) Require that all blasting operations be conducted by trained and competent persons as certified by the Department for Natural Resources; and(5) Provide that upon the request of a resident or owner of a man-made dwelling or structure within one-half (1/2) mile of any portion of the permitted area the applicant or permittee shall conduct a preblasting survey of the structures and submit the survey to the cabinet and a copy to the resident or owner making the request. The area of the survey shall be decided by the cabinet and shall include such provisions as the cabinet shall promulgate.(6) Penalties for violations of this section are those set forth in KRS 350.990.

350.570 Right of cabinet to enter upon land for reclamation purposes; acquisition and disposal of land by Commonwealth

(1) If the cabinet makes a finding of fact pursuant to the Abandoned Mine Lands Program that:(a) Land or water resources have been adversely affected by past coal mining practices; and(b) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and(c) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or(d) The owners will not give permission for the United States, the Commonwealth, political subdivisions, or their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices;

then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality or county in which the land lies, the cabinet and its authorized representatives, agents, and contractors shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.(2) The cabinet and its authorized representatives, agents, and contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare, and shall not be construed as an act of condemnation of property nor trespass thereon.(3) The Commonwealth shall have the power to acquire, by purchase, donation, devise, or condemnation, any land which is adversely affected by past coal mining practices if acquisition of such land is necessary for successful reclamation and that:(a) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open space benefits; or(b) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for

the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or(c) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.(4) Title to all lands acquired pursuant to this section shall be in the name of the Commonwealth. The price paid for the land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. The Commonwealth may exercise the power of eminent domain against such land by filing a condemnation suit under the procedure of the Eminent Domain Act of Kentucky. Provided, that when the Commonwealth acquires land adversely affected by past coal mining practices pursuant to the Abandoned Mine Lands Program and when such abandoned mine reclamation fund moneys are less than the purchase price, the Commonwealth shall be authorized to use whatever funds are available pursuant to KRS 350.156(3).(5) The Environmental and Public Protection Cabinet may receive any federal, state, or other funds for the purpose of reclaiming lands affected by past coal mining practices, including federal funds made available to it pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) [FN1]. The cabinet may avail itself of any services which may be provided by other state agencies or the federal government, and may compensate them for such services.(6) The cabinet shall have the power to backfill, grade, revegetate, and perform other acts of restoration and reclamation on lands acquired pursuant to this section. The cabinet may cause the reclamation work to be done by its own employees or by employees of other governmental agencies or soil conservation districts, or through contracts with qualified persons. Such contracts shall be awarded pursuant to regulations promulgated by the cabinet. The cabinet and any other agency and any contractor under a contract with the cabinet shall have the right of access to the land affected to carry out such reclamation.(7) Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential, or recreational development, the Commonwealth shall have the power to sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such regulations as may be promulgated to insure that such lands are put to proper use consistent with local and state land use plans, if any. The proceeds of any such sale shall be credited to the abandoned mine reclamation fund. The cabinet, when requested after appropriate public notice, shall hold a public hearing, with the appropriate notice, in the county or counties in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.(8) In addition to the authority to acquire and reclaim land for the purposes set forth in subsection (3) of this section, the Commonwealth is given authority to use money in the fund to acquire land by purchase, donation, devise, or condemnation and to reclaim such land and to transfer it to any political subdivision of the Commonwealth or to any person, firm, association, or corporation, if such is an integral and necessary element of an economically feasible plan for a project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, persons dislocated as the result of adverse effects of coal mining practices which constitute an emergency as provided in KRS 350.585, or persons dislocated as the result of natural disasters or catastrophic failures from any cause, or any related commercial, industrial, agricultural, recreational, or governmental use of facilities. Such activities shall be accomplished under such terms and conditions as the Commonwealth shall require, which may include transfers of land with or without monetary consideration. Provided, that to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under the abandoned mine reclamation fund may be used to pay the actual construction costs of housing.(9) All acquisitions and disposals of land or any interests therein pursuant to the authority granted by this section shall be governed by the applicable provisions of KRS Chapters 45A and 56.

CHAPTER 351. DEPARTMENT FOR NATURAL RESOURCES

351.070 Duties of the commissioner; Office of Mine Safety and Licensing; secretary may promulgate administrative regulations; civil monetary penalties

(1) The commissioner shall have full authority over the department and shall superintend and direct the activities of the mine inspectors and other personnel of the department. There is created within the Department for Natural Resources an Office of Mine Safety and Licensing.(2) The secretary shall appoint an executive director to the Office of Mine Safety and Licensing in accordance with KRS 224.10-020(2) and prescribe his powers and duties.(3) The commissioner may, whenever necessary, divide the coal fields of the state into as many inspection districts as necessary, so as to equalize as nearly as practicable the work of each inspector, and may assign to the inspectors their respective districts.(4) The commissioner may, whenever he or she deems it necessary in the interest of efficient supervision of the mines, temporarily employ the services of additional mine inspectors or change inspectors from one (1) district to another.(5) The commissioner shall superintend and direct the inspection of mines and cause to be investigated the

character and quality of air in mines whenever conditions indicate the necessity of doing so.(6) The commissioner shall collect statistics relating to coal mining in the state and make an annual report of the statistics.(7) The commissioner shall see that maps, plans, projections, and proposed developments of all underground coal mines are made and filed in his office.(8) The commissioner shall keep a properly indexed, permanent record of all inspections made by himself and the personnel of the department.(9) The commissioner shall exercise general supervision over the training of officials and workmen in safety and first aid and mine rescue methods, and may conduct demonstrations in safety whenever he deems it advisable.(10) The commissioner shall exercise general supervision over the dissemination of information among officials and employees concerning mine ventilation, mining methods, and mine accidents and their prevention, and shall assume full charge in the event of mine fire or explosion or other serious accident at any mine in the state.(11) The commissioner may assist in the resumption of operations of any mine or gather data for the development of any coal seams that would be of any benefit to the state or create new employment.(12) The commissioner may prescribe reasonable safety standards governing the use of explosives, and electrical and mechanical equipment in the operation of open-pit or surface mines.(13) The secretary of the Environmental and Public Protection Cabinet shall have the power and authority to promulgate, amend, or rescind any administrative regulations he or she deems necessary and suitable for the proper administration of this chapter. Administrative regulations may be promulgated, amended, or rescinded by the secretary only after public hearing or an opportunity to be heard thereon of which proper notice by publication pursuant to KRS Chapter 424, has been given. Administrative regulations so promulgated shall carry the full force and effect of law.(14) The commissioner shall ascertain the cause or causes of any coal mining fatality and, within sixty (60) days of completion of the investigation, shall report his or her findings and recommendations to the Governor, the Mine Safety Review Commission, the Mining Board, and the Legislative Research Commission. The recommendations may include without being limited to the need to promulgate or amend administrative regulations to prevent the recurrence of the conditions causing the fatality.(15) The commissioner shall assess civil monetary penalties against licensed facilities for violations of laws in this chapter and KRS Chapter 352 pertaining to roof control plans and mine ventilation plans that could lead to imminent danger or serious physical injury. The Environmental and Public Protection Cabinet shall promulgate administrative regulations within ninety (90) days of July 12, 2006, providing for the manner and method of the assessment of the penalties and appeals therefrom. In no event shall the civil penalty assessed pursuant to this subsection for the violation exceed five thousand dollars ($5,000). Nothing contained in this subsection shall be construed to impair or contravene the authority granted under KRS 351.025(2) for imposing penalties against licensed facilities.

CHAPTER 353. MINERAL CONSERVATION AND DEVELOPMENT

353.180 Requirements for plugging abandoned well; bids; remedy for possessor of adjacent land or for department

(1) No person shall abandon or remove casings from any oil or gas well, either dry or producing, without first plugging the well in a secure manner approved by the department and consistent with its administrative regulations. Upon the department's plugging of an abandoned well in accordance with the requirements of this subsection, the department may sell, by sealed bid, or include as part of compensation in the contract for the plugging of the well, all equipment removed from that well and deposit the proceeds of the sale into the oil and gas well plugging fund, established in KRS 353.590(24).(2) Not less than thirty (30) days before advertising for bids for the plugging of wells, the department shall publish, in a newspaper of general circulation, and in locally published newspapers serving the areas in which the wells proposed for plugging are located, notices of all wells on which there is salvageable equipment, described as to farm name and Carter Coordinate location, for which the department intends to seek bids for plugging. If a person other than the operator claims an interest in the equipment of a well proposed for plugging, he shall provide documentation of that interest to the department within thirty (30) days of the date of publication of the notice of the department's intent to plug a well. Prior to the department's advertising of bids for the plugging of a well, the department shall release the well's equipment to the person deemed to have an interest in that equipment and it shall be the duty of the interest holder to remove the equipment before the well is plugged. If documentation as to an asserted interest is not provided to the department in the manner described in this subsection or a person deemed to be an interest holder fails to remove the equipment before a well is plugged, the department may sell or otherwise dispose of the equipment in accordance with this subsection.(3) If a person fails to comply with subsection (1) of this section, any person lawfully in possession of land adjacent to the well or the department may enter on the land upon which the well is located and plug the well in the manner provided in subsection (1) of this section, and may maintain a civil action against the owner or person abandoning the well, jointly or severally, to recover the cost of plugging the well. This subsection shall not apply to persons owning the land on which the well is situated, and drilled by other persons.

353.466 Persons to be joined as defendants; verified petition showing effort to locate owners; advertisement and lis pendens notice, contents; trustee ad litem

(1) The person seeking to impress a trust upon a severed mineral interest for the purpose of leasing and developing same shall join as defendants to the action all those persons having record title thereto who are unknown or missing and the unknown heirs, successors and assigns of all such persons. The persons named as defendants and who are the unknown or missing owners as defined herein, shall stand for and represent the full title and the whole interest of the unknown or missing owners in the severed mineral interest or estate or interest therein. All parties not in being who might have some contingent or future interest therein, and all persons whether in being or not in being, having any interest, present, future or contingent, in the severed mineral interests sought to be leased, shall be fully bound by the proceedings hereunder.(2) There shall be filed a verified petition specifically setting forth the efforts to locate and identify the unknown or missing owners of the interests to be leased and such other information known to the petitioner which might be helpful in identifying or locating the present owners thereof. There shall be attached to the petition as an exhibit thereto a certified copy of the instrument creating the original severance and such additional instruments as are necessary to show the vesting of title to the minerals in the last record owner thereof. The petitioner shall establish to the satisfaction of the court that a diligent effort has been made to identify and locate the present owners of said interests.(3) Service of process shall be as provided by the Kentucky Rules of Civil Procedure and there shall be filed a lis pendens notice in the county clerk's office of the county wherein the mineral estate or the larger portion thereof lies. Immediately upon the filing of the petition, the petitioner shall advertise as provided in KRS Chapter 424. Both the advertisement and the lis pendens notice shall contain the names of all of the parties and their last known addresses, the date and recording data of the original deed or other conveyance which created the mineral severance, an adequate description of the land as contained therein, the source of title of the last known owners of the severed mineral interests and a statement that the action is brought for the purpose of impressing a trust authorizing the execution and delivery of a valid and present mineral lease for development of the particular minerals described in the petition. The court, in its discretion, may order advertisement elsewhere or by additional means if there is reason to believe that additional advertisement might result in identifying and locating the unknown or missing owners.(4) The court shall appoint a trustee ad litem, who shall be a licensed, practicing attorney, to represent the unknown or missing owners and their unknown heirs, successors and assigns. The trustee ad litem shall review the petition and file an answer and such other pleadings as are necessary and proper to represent fairly the interest of the unknown or missing owners. It shall be the duty of the trustee ad litem to make an independent inquiry and search for the purpose of identifying and locating the unknown or missing owners and he shall report to the court the results of the investigation. The court shall allow the trustee ad litem a reasonable fee for his services to be taxed as costs.

CHAPTER 355. UNIFORM COMMERCIAL CODEARTICLE 7. WAREHOUSE RECEIPTS, BILLS OF LADING, AND OTHER DOCUMENTS OF TITLEPART 2. WAREHOUSE RECEIPTS: SPECIAL PROVISIONS

355.7-210 Enforcement of warehouseman's lien

(1) Except as provided in subsection (2), a warehouseman's lien may be enforced by public or private sale of the goods in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the warehouseman is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the warehouseman either sells the goods in the usual manner in any recognized market therefor, or if he sells at the price current in such market at the time of his sale, or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold, he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to insure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.(2) A warehouseman's lien on goods other than goods stored by a merchant in the course of his business may be enforced only as follows:(a) All persons known to claim an interest in the goods must be notified.(b) The notification must be delivered in person or sent by registered or certified letter to the last known address of any person to be notified.(c) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than ten days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place.(d) The sale must conform to the terms of the notification.(e) The sale must be held at the nearest suitable place to that where the goods are held or stored.(f) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two (2) weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first

publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale.(3) Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. In that event the goods must not be sold, but must be retained by the warehouseman subject to the terms of the receipt and this article.(4) The warehouseman may buy at any public sale pursuant to this section.(5) A purchaser in good faith of goods sold to enforce a warehouseman's lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the warehouseman with the requirements of this section.(6) The warehouseman may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods.(7) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor.(8) Where a lien is on goods stored by a merchant in the course of his business the lien may be enforced in accordance with either subsection (1) or (2).(9) The warehouseman is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion.

CHAPTER 359. WAREHOUSES AND WAREHOUSEMEN

359.230 Enforcement of lien against occupant in default; requirements prior to conduct of sale; redemption by occupant; application of proceeds; rights of purchaser; limitation on liability of operator

(1) (a) If the occupant is in default for a period of more than forty-five (45) days, the operator may enforce a lien by selling the property stored in the leased space at a public or private sale, for cash.(b) Proceeds shall then be applied to satisfy the lien, with any surplus disbursed as provided in subsection (5) of this section.(2) Before conducting a sale under subsection (1), the operator shall:(a) Notify the occupant of the default by regular mail at the occupant's last known address;(b) Send a second notice of default by certified mail to the occupant at the occupant's last known address which includes:1. A statement that the contents of the occupant's leased space are subject to the operator's lien;2. A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due;3. A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date of the notice;4. A statement that unless the claim is paid within the time stated, the contents of the occupant's space shall be sold at a specified time and place; and5. The name, street address, and telephone number of the operator, or his designated agent, whom the occupant may contact to respond to the notice; and(c) At least three (3) days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.(3) At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's personal property.(4) The sale under this section shall be held at the self-service storage facility where the personal property is stored.(5) If a sale is held under this section, the operator shall:(a) Satisfy the lien from the proceeds of the sale;(b) Hold the balance, if any, for delivery to any other recorded lienholders who present claims within sixty (60) days. Notwithstanding Article 9 of KRS Chapter 355, claims shall be satisfied on a first come first served basis; and(c) Deliver, upon expiration of sixty (60) days, the balance of any remaining proceeds to the occupant.(6) A purchaser in good faith of any personal property sold under KRS 359.200 to 359.250 takes the property free and clear of any rights of:(a) Persons against whom the lien was valid; and(b) Other lienholders.(7) If the operator complies with the provisions of KRS 359.200 to 359.250, the operator's liability:(a) To the occupant shall be limited to the net proceeds received from the sale of the personal property;(b) To other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by that other lien; and(c) To the occupant or valid lienholders shall be relieved upon full distribution of proceeds in accordance with the provisions of KRS 359.200 to 359.250.(8) If an occupant is in default, the operator may deny the occupant access to the leased space.(9) (a) Unless otherwise specifically provided, all notices required by KRS 359.200 to 359.250 shall be sent by certified mail.(b) 1. Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is

stored.2. Notices to the occupant shall be sent to the occupant at the occupant's last known address.(c) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in paragraph (b), with postage paid.(10) Provided, however, unless the rental agreement specifically provides otherwise and until a lien sale under KRS 359.200 to 359.250, the exclusive care, custody, and control of all personal property stored in the leased self-service storage space shall remain vested in the occupant.

CHAPTER 376. STATUTORY LIENS

376.280 Sale of boat or motor vehicle for charges; advertisement of sale; definition of "boat"

(1) Any boat or motor vehicle remaining in the possession of a person who has made repairs, performed labor or furnished accessories or supplies therefor and to whom the charges for such repairs, labor, accessories or supplies has been owing for a period of more than thirty (30) days, may be sold to pay such deferred purchase money or charges. The proposed sale shall be advertised pursuant to KRS Chapter 424, and notice thereof shall be sent by certified mail, return receipt requested or by registered mail to the owner of the boat or motor vehicle and to any other person known to have any interest therein, addressed to such persons at their last known addresses, at least ten (10) days before the sale is held.(2) The term "boat," as used in subsection (1) of this section, means any watercraft not enumerated in subsection (1) of KRS 376.360 and sloops having an overall length of forty (40) feet or less.

376.290 Lien on watches and jewelry for repairs; sale for charges

(1) Any person performing work upon any watch, clock or jewelry for a price shall have a lien upon that article for the amount due for the work. The lien shall include the value or agreed price of all materials furnished in connection with the work, whether added to the article or not. The lien may be enforced by legal action or as hereafter provided.(2) If the account remains unpaid six (6) months after completing the work, the person holding the lien may, upon thirty (30) days' notice in writing to the owner specifying the amount due and informing the owner that the payment of the amount due within thirty (30) days will entitle him to redeem the property, sell the article at public or bona fide private sale to satisfy the account. The notice may be served by mail directed to the owner's last known address, or, if the owner or his address is unknown, it may be published pursuant to KRS Chapter 424.(3) The proceeds of the sale, after paying the expenses thereof, shall be applied in liquidation of the indebtedness secured by the lien, and the balance, if any, shall be held for a period of twelve (12) months for the owner, and if it is not called for in that time it shall be paid into the district school fund.

376.430 Lien on radios, phonographs and other electrical or electronic devices, for repair

(1) All persons, firms and corporations engaged in the business of repairing radios, phonographs, combinations thereof, automatic music instruments, refrigerators, televisions, electrical or electronic recording devices, and any and all portable electrical or electronic instruments or appliances shall have a lien upon such articles and appliances for the agreed or reasonable charge for parts, supplies, accessories and labor performed in their repair, said lien to attach upon completion of such repairs. The lien may be enforced by legal action or as hereafter provided.(2) After completion of repairs, the owner shall be notified thereof by certified mail, return receipt requested or by registered mail, and if the repaired article be not removed and all charges paid within thirty (30) days after giving the notice, the person, firm or corporation making such repairs may hold such repaired articles and sell same at public or bona fide private sale to pay all agreed or reasonable charges, including charges for storage after notice of completion of repairs, and expenses incidental to advertisement and sale, accounting to the owner for any excess of charges and expenses.(3) Before any sale of the repaired article, the person, firm or corporation making the repairs shall notify the owner of the article of the time and place of the sale. The notice may be served by certified mail, return receipt requested, or by registered mail directed to the owner's last known address, or, if the owner or his address is unknown, notice of the sale shall be published pursuant to KRS Chapter 424.

376.435 Lien on die, mold, form, or pattern; respective rights of molder and customer

(1) As used in this section, unless the context otherwise requires:(a) "Customer" means any person who causes a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern, or who provides a molder with a die, mold, form, or pattern, to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer; and(b) "Molder" means any person who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer.

"Molder" includes, but is not limited to, a tool or die maker.(2) (a) In the absence of any agreement to the contrary, a customer shall have all rights and title to any die, mold, form, or pattern in the possession of a molder.(b) If a customer does not claim possession from a molder of a die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern, consistent with this subsection.(c) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer, at the customer's last known address. The written notice shall indicate that the molder intends to terminate the customer's rights and title by having the rights and title transferred to the molder by operation of law under this section. The notice shall include a statement of the customer's rights set forth in paragraph (d) of this subsection.(d) 1. If a customer does not respond in person or by mail to claim possession of a particular die, mold, form, or pattern within one hundred twenty (120) days following the date that the notice was mailed, or does not make contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.2. This section shall not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.(3) (a) A molder shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in his hands and that belong to a customer, for the balance due him from the customer for any manufacturing or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid.(b) Before enforcing a lien, a molder shall give notice in writing to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. The notice shall state that a lien is claimed for the damages set forth in or attached to the writing for manufacturing or fabrication work contracted or performed for the customer. The notice shall also include a demand for payment.(c) If the molder has not been paid the amount due within sixty (60) days after the notice has been received by the customer, as provided in paragraph (b) of this subsection, the molder may sell the die, mold, form, or pattern at a public auction.(4) (a) Before a molder may sell the die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice shall include:1. The molder's intention to sell the die, mold, form, or pattern thirty (30) days after the customer's receipt of the notice;2. A description of the die, mold, form, or pattern to be sold;3. The time and place of the sale; and4. An itemized statement for the amount due.(b) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish the notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern.(c) 1. If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder shall be paid to the customer, if the customer's address is known, or the Kentucky State Treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale.2. A molder shall not conduct a sale if the sale violates any right of a customer under federal patent or copyright law.

376.455 Sale of equipment, machinery or motor to pay charges

Any equipment, machine, machinery, motor or motors remaining in the possession of a person who has made repairs, furnished parts, performed labor, or furnished accessories or supplies for the equipment, machine, machinery, motor, or motors, for more than thirty (30) days, may be sold to pay the charges. The proposed sale shall be advertised by publication pursuant to KRS Chapter 424. The owner of the equipment, machine, machinery, motor or motors, shall be served with written notice of such proposed sale at least two (2) weeks before the date of such sale. The notice may be in writing addressed to the owner at his last known address and sent by registered United States mail, postage prepaid. Such written notice may be served upon the owner in any other mode generally recognized by the laws and practice before courts in this state.

CHAPTER 379. VOLUNTARY ASSIGNMENTS 379.100 Receipt of claims by assignee; notice of; filing

The assignee shall, within two (2) months after his appointment, give notice of the time and place where he will sit to receive claims against the estate. The notice shall be by publication pursuant to KRS Chapter 424. Creditors not residing in the county where the assignee qualifies shall be notified by mailing notice to their last known address.

Any creditor failing to present his claim at the time named or within three (3) months thereafter, verified in the same manner as a claim against the estate of a decedent except that it need not be verified by a person other than the claimant, shall waive his right to any part of the assigned estate. However, the court may direct the assignee to receive a claim at any time before the final distribution of the estate, and allow it and pay dividends thereon as on other claims, if there are sufficient unappropriated assets in his hands. Claims not due shall be presented in the same manner as claims due, but if claims not due are not bearing interest a just abatement shall be made.

379.140 Discharge of assignee; notice; proceedings

The assignee may, when he believes it is no longer to the interest of the estate to keep the assignment open, move the District Court to discharge him from the trust and release him from all liability. He shall have notice of his application to discharge published pursuant to KRS Chapter 424. Sixty (60) days after the motion is entered, the court shall, upon proof that the required notice was given, enter an order discharging the assignee from his trust and releasing him from all liability, unless objection is made. If objection is made, the court shall hear the same and make such orders as are proper.

CHAPTER 381. TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION

381.730 Notice of suit

Upon the filing of the complaint the city or other governmental agency created by the city shall give notice thereof by publication pursuant to KRS Chapter 424.

381.755 Removal of grave or cemetery on application of landowner or county; procedure; expenses

(1) Upon application of the owner of property upon which is located an abandoned grave or cemetery or whenever the fiscal court of any county deems it to be in the best interest of the county to remove and relocate any such grave or cemetery the court may issue an order or resolution authorizing such removal or relocation.(2) The order or resolution for the removal and relocation of the grave or cemetery pursuant to subsection (1) shall specify and declare that at any time after the expiration of sixty (60) days after the first publication of notice of such intended action pursuant to KRS Chapter 424, the court shall direct the removal and relocation of the grave or cemetery.(3) Expenses for removal and relocation of any grave or cemetery under the provisions of this section shall be paid by the individual requesting such removal or if the removal is made in the best interest of the county the expenses shall be paid from county funds.(4) Any grave or cemetery removed under the provisions of this section shall be relocated in a suitable place at the expense of the person or county requesting such removal and relocation.(5) For the purposes of this section a grave or cemetery shall be considered abandoned when left untended for a period of ten (10) years preceding the date of the resolution for removal and relocation of the grave or cemetery.

CHAPTER 382. CONVEYANCES AND ENCUMBRANCES

382.205 General cross indexes; adoption and maintenance

(1) Any county where indexes to the records of deeds, mortgages, wills, marriages, or other public records have been or may hereafter be prepared by the Work Projects Administration or other appropriate agency of the United States government, or by order of the fiscal court of any county, such indexes or any of them may be adopted as the official general cross indexes of such records in the manner provided by this section in addition to each individual book index. Upon the completion of any such indexing project by an appropriate federal agency or by a person or persons acting under the authority of a fiscal court, or at any time thereafter, any citizen of the county may petition the county judge/executive to have said index adopted as the official index. Upon the filing of the petition, the county judge/executive may forthwith by appropriate order designate a licensed attorney practicing in the county who with the county attorney and county clerk shall comprise a commission to examine the index proposed to be adopted and ascertain whether the index is a complete and accurate index of the records to which it pertains. The commission shall thereupon make such examination as may be necessary to ascertain to its satisfaction whether such index is complete and accurate. Upon completion of such examination, the commission shall make a written report to the county judge/executive of the results thereof and of its recommendations, which report shall lie over for exceptions for sixty (60) days. Notice of the filing of said report shall be given by the clerk by publication pursuant to KRS Chapter 424. Exceptions may be filed by any interested person, and if filed shall be heard and determined as in other cases. If no exceptions are filed thereto, or upon the exceptions (if any) the county judge/executive shall hear such proof as may be thought proper respecting the report filed by the clerk and the exceptions, and shall determine whether the said index is complete and accurate, and if it is determined that the index is complete and accurate, an order shall be entered adopting said index; provided, that if from such report or such proof it appears that corrections or additions should be made to such index in order to render it accurate and

complete, the order may direct that such corrections or additions shall be made by the clerk, and in that event it shall be the duty of the clerk to make such corrections or additions forthwith, and upon his report that he has done so an order shall be entered adopting the index as so corrected. If adopted, said index shall thereupon become the official general cross index of the records to which it pertains, and all persons shall be entitled to rely thereon to the same extent as if the index had been prepared by the county clerk. Upon the adoption of any such index, it shall be the duty of the clerk to bring same up to date from the point at which same ceased to be made by the agency which prepared it, and to continue and maintain said index thereafter in lieu of the indexing system theretofore used, except he will continue to keep the regular individual book index, and to index all instruments lodged for record in conformity therewith. The indexes theretofore used shall not be destroyed after the adoption of the new indexes, but shall be safely kept by the clerk as other records are kept, subject to inspection by any person interested therein.(2) Expenses incurred by the county clerk under the provisions of this section shall be paid by the fiscal court of the county.

382.240 Delivery of recorded instruments; destruction of unclaimed instruments

Each instrument that is recorded shall be delivered to the party entitled thereto. The county clerk shall require prepayment of postage for delivery of said instruments at the time they are left for record in his office. If the county clerk is unable to locate the parties entitled thereto, he shall retain the instruments for at least two (2) years. The clerk may then destroy the instruments provided that he shall first make the following announcement by public notice in the newspaper of the largest circulation in the county: "Legal instruments which have been filed for record in the (name of county) county clerk's office and which have been in the custody of the clerk for over two (2) years must be claimed by the persons entitled thereto within thirty (30) days, or they shall be destroyed." The date of the notice and the name of the clerk shall be appended to the notice. Thirty (30) days after the appearance of the public notice, the county clerk may destroy the instruments.

CHAPTER 386. ADMINISTRATION OF TRUSTS; LEGAL INVESTMENTS; UNIFORM PRINCIPAL AND INCOME ACTARTICLE 6. MISCELLANEOUSTRUST REGISTRATION

386.665 Effect of registration; notice of proceedings

(1) By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding under KRS 386.675 relating to the trust that may be initiated by any interested person while the trust remains registered. Notice of any proceeding shall be delivered to the trustee, or mailed to him by ordinary first class mail at his address as listed in the registration or as thereafter reported to the court and to his address as then known to the petitioner.(2) To the extent of their interests in the trust, all beneficiaries of a trust properly registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings under KRS 386.675, provided notice is given pursuant to subsection (3) of this section.(3) The petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given:(a) by mailing a copy thereof in accordance with the Rules of Civil Procedure by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known;(b) by delivering a copy thereof to the person being notified personally in accordance with the Rules of Civil Procedure; or(c) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three (3) consecutive weeks, a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which is to be at least ten (10) days before the time set for the hearing.(4) The court for good cause shown may provide for a different method or time of giving notice for any hearing.(5) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding as provided in KRS 424.170.

CHAPTER 393. ESCHEATS

393.100 Property paid into court; when presumed abandoned; reversion to municipality or consolidated local government which procured payment into court

Any property paid into any court of this state for distribution and the increments thereof, shall be presumed abandoned if not claimed within five (5) years after the date of payment into court or as soon after the five (5) year period, as all claims filed in connection with it, have been disallowed or settled by the court. Provided, however, that

any property paid into any court of this state for distribution and the increments thereof, which may be presumed abandoned as provided in this chapter and which shall have been recovered or procured upon the relationship or through the instrumentality of any municipality or a consolidated local government of this state, shall revert to the general fund of such municipality or a consolidated local government and at any time after the five (5) year period has expired, after the date of the payment into the court, the municipality or a consolidated local government may by petition filed against the custodian of such funds, in the court in which said property is located, request the payment thereof to said municipality or a consolidated local government and the judge of said court shall order the custodian thereof, to pay the entire sum to said municipality or a consolidated local government. Provided, further that before entering judgment, ordering said sum so paid, the court shall require that notice be published at least once in a newspaper of general bona fide circulation in the county, stating the intention of the court to award such sum to the municipality or a consolidated local government and final judgment shall not be entered, until fifteen (15) days shall have elapsed from the date of such publication. At any time prior to the final judgment, the court may consider any bona fide claims made by claimants to said property or any part thereof. However, thereafter, any and all claimants shall be forever barred therefrom.

393.110 Administrative regulations for reports by holders of abandoned property; posting and publication of notices

The department shall promulgate administrative regulations prescribing the reports which shall be filed with the department by persons holding property presumed abandoned, including the date for filing reports, the contents of the reports, the coverage period of the reports, identifying information concerning the property and presumptive owner if known, the manner in which property shall be transferred from the person holding it to the department, requirements for providing notice to a person who may be the owner of property presumed abandoned, legal actions that may be taken to claim property presumed abandoned, and any other necessary and relevant information needed by the department to carry out the responsibilities concerning unclaimed property prescribed in this chapter. The department shall, notwithstanding KRS 424.180 and 424.190, provide on an annual basis notice or published advertisement of property transferred to it. Any procedures prescribed by the department in accordance with this section shall employ the most cost-effective methods available for the submission of reports to the department and the notice or advertisement of property transferred to the department.

393.120 Sale of property required to be liquidated to pay department

(1) Tangible personal property required by this chapter to be liquidated in order to permit payment to the department shall be delivered to the master commissioner of the county in which such property is located. The master commissioner shall within a reasonable time advertise the property for sale in accordance with KRS Chapter 424 and shall sell it at public auction to the highest bidder. The master commissioner shall pay to the department the proceeds of such sale, less costs incidental to the liquidation or any legal proceedings, and any liabilities against the property which have been properly claimed and approved.(2) For intangible personal property required by this chapter to be liquidated so as to permit payment to the department, the department shall require the agencies or holders of abandoned intangible personal property to sell or dispose of the property on a given date at the quoted market value in the case of property listed in recognized market exchanges, or, in the case of property not listed in a recognized market exchange, at a price recommended by the department or at the highest price offered at a public sale, whichever is greater. In the event that the intangible property is of a nature such that there is not a readily available market, the department may offer the property to the highest bidder at public sale at Frankfort, or in whatever city in the state affords, in its judgment, the most favorable market for the particular property involved. If a sale is required to permit payment to the department, the department may decline the highest bid and reoffer the property for sale if it considers the price offered insufficient. The sale shall be advertised by publication pursuant to KRS Chapter 424 in the county where the property was found or abandoned, and in the county where the sale is to be made. The sale shall be held at the courthouse door.

393.125 Sale by department

(1) Except as otherwise provided in this section, the department, within three (3) years of the receipt of abandoned property, may sell it to the highest bidder at a public sale at a location in the state which, in the judgment of the department, affords the most favorable market for the property. The department may decline the highest bid and reoffer the property for sale if the department considers the bid to be insufficient. The department need not offer the property for sale if the department considers that the probable cost of sale will exceed the proceeds of the sale. At least three (3) weeks prior to a sale conducted under this section, the department shall publish a notice of the sale in a newspaper of general circulation in the county in which the property is to be sold.(2) Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over the counter at prices prevailing at the time of sale or by any reasonable method selected by the department. If securities are sold by the department before the expiration of three (3) years after their delivery to the department, a person making a claim under this chapter before the end of the three (3) year period is entitled to the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever is greater, plus dividends, interest, and other increments thereon up to the time

the claim is made, less any deduction for expenses of sale. A person making a claim under this chapter after the expiration of the three (3) year period is entitled to receive the securities delivered to the department by the holder, if they still remain in the custody of the department, or the net proceeds received from the sale, and is not entitled to receive any appreciation in the value of the property occurring after the delivery to the department, except in the case of intentional misconduct or malfeasance by the department.(3) A purchaser of property at a sale conducted by the department pursuant to this chapter takes property free of all claims of the owner or previous holder and of all persons claiming through or under them. The department shall execute all documents necessary to complete the transfer of ownership.

393.140 Claim of interest in property surrendered to state

(1) Any person claiming an interest in any property paid or surrendered to the state in accordance with KRS 393.020 to 393.050 who was not actually served with notice, and who did not appear, and whose claim was not considered during the action or at the proceedings that resulted in its payment to the state, may, within five (5) years after the judgment, file his claim to the property with the department.(2) Any person claiming an interest in any estate or property paid or surrendered to the state in accordance with KRS 393.060 to 393.120, that was not subsequently adjudged under the procedure set out in KRS 393.230 to have been actually abandoned, or owned by a decedent who had no heir, distributee, devisee, or other person entitled under the laws of this state relating to wills, descent, and distribution to take the legal or equitable title, may file his claim to it at any time after it was paid to this state.

CHAPTER 395. PERSONAL REPRESENTATIVESDISTRICT COURT SETTLEMENTS

395.430 Application for curator for absent person; notice

(1) Before any curator is appointed for an absent person under subsection (2) of KRS 395.410, a written application requesting the appointment shall be filed with the District Court Clerk. The application shall be verified and shall recite the fact of absence, the last known address of the absent person and the presence of property within this state or other ground requiring the appointment of a curator for the protection of the property or rights of the absent person. The application may be made by any relative, creditor or debtor of the absent person, or by any person in possession of or interested in any property or rights of the absent person.(2) Upon the filing with the District Court Clerk of any such application, the clerk shall send by United States certified mail, return receipt requested a letter addressed to the absent person at the last known address as given in the application, stating that such application has been filed. The clerk shall publish pursuant to KRS Chapter 424 a notice to the effect that an application for the appointment of a curator has been made.

395.470 Dispensing with administration by agreement

(1) Administration of the estate of a person dying intestate may be dispensed with by agreement if there are no debts owing by the estate; all persons beneficially entitled to the personal estate have agreed in writing that there shall be no administration; and either there are no claims or demands due the estate, or the written agreement to dispense with administration designates a trustee with power to collect claims and demands.(2) The written agreement provided in subsection (1) shall be acknowledged by the parties and filed in the District Court together with the motion of the parties for an order dispensing with administration. If the court is satisfied by affidavit or otherwise that the conditions prescribed in subsection (1) exist, it shall enter an order dispensing with administration. If the written agreement of the beneficiaries designates a trustee to collect claims or demands, the order shall confirm the designation and the person so designated shall have the same right to sue for and collect claims and demands that an administrator has.(3) The District Court shall be satisfied that provision has been made for the state inheritance tax and the United States estate tax.(4) The persons applying for an order dispensing with administration shall advertise for creditors of the intestate to appear and present their claims to some person at the county seat. The person and place shall be designated in the advertisement. The advertisement shall also give notice when, where and by whom the order dispensing with administration will be applied for. The advertisement shall be posted at the courthouse door for six (6) weeks, and published pursuant to KRS Chapter 424. The order dispensing with administration shall not be granted until the persons applying for the order file in the District Court the affidavit of one (1) of them showing that advertisement for creditors has been made.(5) The persons applying for the order dispensing with administration shall, before the order is entered, give bond with surety in the amount of the personal estate for the benefit of any creditors who, within six (6) months from the order dispensing with administration, appear and file their claims with the court clerk. This bond shall be approved by the District Court and shall run to the state for the benefit of those creditors and be conditioned to be void if none of them files his claim with the clerk within six (6) months from the date of the order dispensing with administration.

395.520 Claims to be proved before commissioner; notice to creditors

In all actions the court shall make an order for the creditors of the decedent to appear before a commissioner, to be appointed by the court, and prove their claims before a certain day to be named in the order, notice of which shall be given by publication pursuant to KRS Ch. 424; and, by such other publication as the court directs.

395.625 Notice requirements for filing of settlement; exception

Not less than ten (10) days prior to the date of hearing, the clerk shall cause notice of the filing of a settlement to be published pursuant to KRS Chapter 424, stating the name of the fiduciary, the trust, the nature of the account and the date of hearing, with a statement that exceptions must be filed before that time; except that with the court's approval the fiduciary may, in lieu of such publication, send a written notice thereof to all unpaid creditors and distributees, which notice shall be mailed at least ten (10) days before said date of hearing. The fiduciary in such cases shall file his affidavit that such notice has been mailed. The actual cost of the notice, or the proportionate part thereof, if more than one (1) settlement, shall be taxed as costs. If the value of the trust or estate is not more than two thousand five hundred dollars ($2,500) and the assets of the trust or estate are held in an account that may be accessed only upon order of the court, the provisions of this section shall not apply to settlements involving that trust or estate.

CHAPTER 405. PARENT AND CHILDADMINISTRATIVE PROCESS FOR CHILD SUPPORT


405.411 Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases

(1) The Cabinet for Health and Family Services' designee under KRS 205.712(6) for the administration of child support may compile a list of the names of persons under its jurisdiction who have a child support arrearage that equals or exceeds six (6) months without payment, or fails, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings as provided by 42 U.S.C. sec. 666(a)(16). The cabinet may furnish this list to the newspaper of general circulation in that county for publication.(2) The Division of Child Support in the Cabinet for Health and Family Services shall determine uniform standards for publication. The cabinet is authorized to promulgate the necessary administrative regulations under KRS Chapter 13A to implement the provisions of this section.(3) For purposes of this section, "newspaper of general circulation" means a publication bearing a title or name, regularly issued at least as frequently as once a week for a definite price, having a second-class mailing privilege, being not less than four (4) pages, published continuously during the immediately preceding one (1) year period, which is published for the dissemination of news of general interest, and is circulated generally in the political subdivision in which it is published and in which notice is to be given. In any county where a publication fully complying with this definition does not exist, the Cabinet for Health and Family Services may publish this list in the publication utilized by the Circuit Court Clerk of the county for publication of other legal notices in the county. A newspaper that is not engaged in the distribution of news of general interest to the public, but that is primarily engaged in the distribution of news of interest to a particular group of citizens, is not a newspaper of general circulation.

CHAPTER 412. SURETYSHIP, JOINT OBLIGATIONS, AND CONTRIBUTION

412.070 Compensation of party pressing claims in common interest for others; notice to interested persons

(1) In actions for the settlement of estates, or for the recovery of money or property held in joint tenancy, coparcenary, or as tenants in common, or for the recovery of money or property which has been illegally or improperly collected, withheld or converted, if one (1) or more of the legatees, devisees, distributees or parties in interest has prosecuted for the benefit of others interested with him, and has been to trouble and expense in that connection, the court shall allow him his necessary expenses, and his attorney reasonable compensation for his services, in addition to the costs. This allowance shall be paid out of the funds recovered before distribution. The persons interested shall be given notice of the application for the allowance, provided, however, that if the court before whom the action is pending should determine that it is impracticable and too expensive to notify all of the parties individually, then by order of said court, personal notice may be dispensed with and in lieu thereof, notice of the application shall be given by an advertisement pursuant to KRS Chapter 424.

(2) The compensation herein provided for shall be authorized in actions now pending as well as actions hereafter instituted; provided, that in actions now pending final orders and judgments have not been ordered and the fund has

not come into actual being.

CHAPTER 416. EMINENT DOMAINEMINENT DOMAIN ACT OF KENTUCKY (1976)

416.670 Limitations on condemnation powers; rights of current landowner

(1) Development shall be started on any property which has been acquired through condemnation within a period of eight (8) years from the date of the deed to the condemnor or the date on which the condemnor took possession, whichever is earlier, for the purpose for which it was condemned. The failure of the condemnor to so begin development shall entitle the current landowner to repurchase the property at the price the condemnor paid to the landowner for the property. The current owner of the land from which the condemned land was taken may reacquire the land as aforementioned.(2) Any condemnor who fails to develop property acquired by condemnation or who fails to begin design on highway projects pursuant to KRS Chapter 177 within a period of eight (8) years after acquisition, shall notify the current landowner of the provisions of subsection (1) of this section. If the current landowner refuses to purchase property described in this section, public notice shall be given in a manner prescribed in KRS Chapter 424 within thirty (30) days of the refusal, and the property shall be sold at auction. Provided, however, that this section shall not apply to property acquired for purposes of industrial development pursuant to KRS Chapter 152.(3) If there are two (2) or more current owners of the land from which the condemned land was taken because the remaining land was subdivided, and if they have a common boundary with the condemned land, the condemned land shall be reacquired by allowing all owners of a parcel of the remaining land with a common boundary and from which the condemned land was taken to offer sealed bids for the condemned land within thirty (30) days of notification by the condemnor. The condemnor shall accept the highest and best sealed bid equal to or greater than the price paid at the time of condemnation. If there are no sealed bids or if all sealed bids are below the original price paid by the condemnor for the property, the property shall be sold at auction.

CHAPTER 422. EVIDENCE AND LOST RECORDS

422.180 Notice; duty of guardian ad litem and attorney

(1) The party desiring to take the deposition of any witness shall give ten (10) days' notice in writing to all parties known to him to be interested in, or setting up or attempting to set up claim to, the real property or any interest therein. The notice shall state the time and place the depositions will be commenced to be taken, and that the same will be continued from day to day, at the same place and between the hours of 8 a.m. and 6 p.m., until the same is completed and that depositions are to be taken in behalf of the title to a certain tract of land known as __________ tract, lying on the __________ (here give the local description), in __________ County, in the State of Kentucky, and that the depositions are being taken for the purpose of perpetuation of the testimony expected to be given. The party desiring to take the deposition shall give further notice, as above recited, by having the notice published pursuant to KRS Chapter 424. Such party shall also have a like notice posted at the front door of the courthouse in the county where the real property lies at least fifteen (15) days before the taking of the depositions. Sixty (60) days' notice shall be given to nonresidents of the time of taking of such depositions unless they waive notice through their attorney or otherwise.

(2) The guardian ad litem for an infant and the attorney for a nonresident shall, as soon as notified of his appointment, if possible, give written notice to the infant or nonresident whom he represents of the fact and nature and purpose of the proceeding, and if no person, other than himself, appears by special employment to represent those whom he was appointed to represent, he shall appear and, if necessary, cross-examine and do all necessary to protect the interest of his ward or nonresident claimant against any fraud, imposition or injury. Such guardian ad litem or attorney shall file with the clerk a written report showing what effort he made to give notice to his ward or nonresident party, and state what, if any, information he has received from them, and shall be allowed a reasonable sum for his services to be paid by the party seeking to perpetuate the evidence.

CHAPTER 426. ENFORCEMENT OF JUDGMENTS

426.560 Newspaper advertisement required in execution and judicial sales

In addition to the notices now required by statute to be posted, all public sales of any kind of property sold under execution, judgment or decree, shall, unless otherwise agreed upon by the parties, be advertised by publication pursuant to KRS Chapter 424. The advertisement shall state the time, place and terms of sale and describe the property to be sold. The newspaper advertisement shall not be necessary where the appraised value of the property to be sold is less than one hundred dollars ($100).

kentucky’s public notice advertising … of temporary refusal to accept payment of ad valorem...

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