AN ACT relating to consolidated local governments.

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AN ACT relating to consolidated local governments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.003 is amended to read as follows: 3
(1) (a) The governing body of each city, county, urban -county, consolidated local 4
government, and charter county, shall adopt, by ordinance, a code of ethics 5
which shall apply to all elected officials of the city, county, urban -county, 6
consolidated local governmen t, or charter county, and to appointed officials 7
and employees of the city, county, urban -county, consolidated local 8
government, or charter county government, or agencies created jointly, as 9
specified in the code of ethics. The elected officials of a city, county, or 10
consolidated local government to which a code of ethics shall apply include 11
the mayor, county judge/executive, members of the governing body, county 12
clerk, county attorney, sheriff, jailer, coroner, surveyor, and constable but do 13
not include me mbers of any school board. Agencies created jointly may 14
include planning or administrative commissions or boards. Candidates for the 15
local government elective offices specified in this subsection shall comply 16
with the annual financial disclosure statement filing requirements contained in 17
the code of ethics. 18
(b) The boards, officers, and employees of special purpose governmental entities 19
shall be subject to a code of ethics as provided in KRS 65A.070. As used in 20
this section, special purpose governmental ent ity has the same meaning as in 21
KRS 65A.010. 22
(2) Any city, county, or consolidated local government may enter into a memorandum 23
of agreement or an interlocal agreement with one (1) or more other cities, counties, 24
or consolidated local governments for joint adoption of a code of ethics which shall 25
apply to all elected officials of the cities, counties, or consolidated local 26
governments, and to appointed officials and employees as specified by each of the 27
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cities, counties, or consolidated local governments whi ch enters into the agreement. 1
Interlocal agreements shall be executed pursuant to the Interlocal Cooperation Act 2
in KRS 65.210 to 65.300. The interlocal agreement or memorandum of agreement 3
may provide for but shall not be limited to: 4
(a) The provision of administrative services relating to the implementation of a 5
code of ethics; 6
(b) The creation of a regional ethics board which serves independently to provide 7
advice to member governments and their officials and provides for the 8
enforcement of locally adopted codes of ethics; and 9
(c) Contracting by a memorandum of agreement with an area development 10
district for the provision of administrative services relating to the 11
implementation of a code of ethics. 12
Candidates for the city, county, or co nsolidated local government elective offices 13
specified in this subsection shall comply with the annual financial disclosure 14
statement filing requirements contained in the code of ethics. 15
(3) Each code of ethics adopted as provided by subsection (1) or (2) of this section, or 16
amended as provided by subsection (4) of this section, shall include but not be 17
limited to provisions which set forth: 18
(a) Standards of conduct for elected and appointed officials and employees; 19
(b) Requirements for creation of financia l disclosure statements, which shall be 20
filed annually by all candidates for the city, county, or consolidated local 21
government elective offices specified in subsection (1) of this section, elected 22
officials of each city, county, or consolidated local gove rnment, and other 23
officials or employees of the city, county, or consolidated local government, 24
as specified in the code of ethics, and which shall be filed with the person or 25
group responsible for enforcement of the code of ethics; 26
(c) A policy on the emp loyment of members of the families of officials or 27
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employees of the city, county, or consolidated local government, as specified 1
in the code of ethics; and 2
(d) The designation of a person or group who shall be responsible for 3
enforcement of the code of eth ics, including maintenance of financial 4
disclosure statements, all of which shall be available for public inspection, 5
receipt of complaints alleging possible violations of the code of ethics, 6
issuance of opinions in response to inquiries relating to the co de of ethics, 7
investigation of possible violations of the code of ethics, and imposition of 8
penalties provided in the code of ethics. 9
(4) The code of ethics ordinance adopted by a city, county, or consolidated local 10
government may be amended but shall not be repealed. 11
(5) (a) Within twenty-one (21) days of the adoption of the code of ethics required by 12
this section, each city, county, or consolidated local government shall deliver 13
a copy of the ordinance by which the code was adopted and proof of 14
publication in accordance with KRS Chapter 424 to the Department for Local 15
Government. The Department for Local Government shall maintain the 16
ordinances as public records and shall maintain a list of city, county, or 17
consolidated local governments which have adopted a code of ethics and a list 18
of those which have not adopted a code of ethics. 19
(b) Within twenty-one (21) days of the amendment of a code of ethics required by 20
this section, each city, county, or consolidated local government shall: 21
1. Deliver a copy of th e ordinance by which the code was amended and 22
proof of publication in accordance with KRS Chapter 424 to the 23
Department for Local Government, which shall maintain the amendment 24
with the ordinance by which the code was adopted; and 25
2. Deliver a copy of the ordinance by which the code was amended to the 26
governing body of each special purpose governmental entity that 27
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follows that establishing entity's code of ethics pursuant to KRS 1
65A.070. 2
(c) For ordinances adopting or amending a code of ethics under this section, cities 3
of the first class and consolidated local governments shall comply with the 4
publication requirements of KRS 83A.060(9), notwithstanding the exception 5
contained in that statute. 6
(6) If a city, county, or consolidated local government fails to comply with the 7
requirements of this section, the Department for Local Government shall notify all 8
state agencies, including area development districts, which deliver services or 9
payments of money from the Commonwealth to the city, county, or consolidated 10
local government. Those agencies shall suspend delivery of all services or payments 11
to the city, county, or consolidated local government which fails to comply with the 12
requirements of this section. The Department for Local Government shall 13
immediately notify those same agencies when the city, county, or consolidated local 14
government is in compliance with the requirements of this section, and those 15
agencies shall reinstate the delivery of services or payments to the city, county, or 16
consolidated local government. This subsection shall not be interpreted or construed 17
to permit the state to withhold any nondiscretionary payments that are due to the 18
city, county, or consolidated local government for the provision of services by the 19
city, county, or consolidated local government to the state or any of its agencies, 20
including for the use of utility services. 21
(7) Notwithstanding KRS 67C.103(14)(e), a simple majority of the legislative council 22
of a consolidated local government may delegate its authority to issue 23
administrative subpoenas for the attendance and testimony of witnesses and the 24
production of documents relevant to possible violations of the code of ethics to the 25
person or a majority of the group responsible for enforcement of a code of ethics. 26
Subpoenas shall be served in the same manner as subpoenas for witnesses in civil 27
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cases. Compliance with the subpoenas shall be enforceable by the Circuit Court. 1
Any failure to obey an order of the court may be punished by the court as contempt 2
thereof. 3
(8) (a) In a c onsolidated local government, the group responsible for the 4
enforcement of the code of ethics shall consist of seven (7) members chosen 5
as follows: 6
1. Three (3) members appointed by the mayor of the consolidated local 7
government; and 8
2. Four (4) members ap pointed by the legislative council of the 9
consolidated local government with two (2) being appointed by each of 10
the largest two (2) political caucuses of the legislative council. 11
(b) No more than three (3) members of the group responsible for the 12
enforcement of the code of ethics shall be members of the same political 13
party. A member of the group responsible for the enforcement of the code of 14
ethics shall have been a member of the political party he or she is registered 15
with for the purposes of balance set out in this section for at least four (4) 16
years immediately prior to selection. The terms of the members shall be for 17
four (4) years. 18
(c) If the group responsible for the enforcement of the code of ethics wishes to 19
procure the services of an attorney, it s hall either use attorneys employed by 20
the county attorney's office of the county in which the consolidated local 21
government is contained, or it shall engage the county attorney to procure 22
attorneys not employed by the county attorney's office. The county a ttorney 23
shall follow the provisions of KRS 424.260 or, if the local model 24
procurement code is in effect for the consolidated local government, the 25
provisions of KRS 45A.380. 26
Section 2. KRS 67C.103 is amended to read as follows: 27
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(1) The legislative authority of a consolidated local government, except as otherwise 1
specified in KRS 67C.101 to 67C.137, shall be vested in a consolidated local 2
government council. The members of the council shall be nominated and elected by 3
district. There shall be only one (1) council member elected from each council 4
district. 5
(2) There shall be twenty -six (26) council districts. The initial boundaries, population, 6
and numerical designation of the council districts shall be as specified by KRS 7
67C.135. The population of the council districts shall be as nearly equal as is 8
reasonably possible. Any changes made to alter the boundaries of council districts 9
shall be based on the population of the county as determined by the most recent 10
United States Census or official census estimates as provided by the United States 11
Bureau of the Census. 12
(3) Following the official publication of each decennial census by the United States 13
Bureau of the Census for the area embraced by a consolidated local government, the 14
council shall adopt an ordinance, if necessary, to redistrict the council districts. A 15
redistricting ordinance shall ensure that the districts in the redistricting plan: 16
(a) Not vary from the ideal population by more or less than two and one -half 17
percent (2.5%); 18
(b) Contain no divided precincts throughout the entirety of the county unless 19
the div ision of a precinct is required to conform to paragraph (a) of this 20
subsection and any applicable law regarding population requirements; 21
(c) Not be drawn in a manner as to contain two (2) or more actively serving 22
council persons in the same district, excep t at the request of an affected 23
incumbent; 24
(d) Not be drawn in a manner so that the new district excludes the residence of 25
an actively serving council person;[ 26
Provide for the distribution of population among the council districts as nearly 27
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equal as is reasonably possible. ] 1
(e) Are[Every council district shall be] compact and contiguous; and 2
(f) [shall ] Respect existing neighborhood, community, and city boundaries 3
whenever possible. 4
(4) The consolidated local government council members shall serve for a term of four 5
(4) years beginning on the first Monday in January following their election, except 6
that the initial election of council members shall be in a manner as to provide for 7
staggered terms for council members. At the initial election of the members of a 8
consolidated local government council, those representing even -numbered districts 9
shall be elected for a two (2) year term. Those representing odd -numbered districts 10
shall be elected for a four (4) year term. Thereafter, all council members shall be 11
elected for four (4) year terms. 12
(5) The members of a consolidated local government council shall be nominated and 13
elected from the district in which they reside in nonpartisan elections. After the 14
initial terms of office of the first elected council membe rs, council members shall 15
be elected in the same election years as other local government officials as 16
regulated by the regular election laws of the Commonwealth and as provided in 17
subsection (4) of this section. 18
(6) No person shall be eligible to serve as a member of a consolidated local government 19
council unless he or she is at least eighteen (18) years old, a qualified voter, and a 20
resident within the territory of the consolidated local government and the district 21
that he or she seeks to represent for at least one (1) year immediately prior to the 22
person's election. A council member shall continue to reside within the district from 23
which he or she was elected throughout the term of office. 24
(7) The presiding officer of a consolidated local government counc il shall be a 25
president who shall be chosen annually by a majority vote of the entire council from 26
among its members at the first meeting of the council in January. The council 27
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president has the right to introduce any resolution or recommend any ordinance and 1
shall be entitled to vote on all matters. 2
(8) The consolidated local government council shall upon notice meet within seven (7) 3
days after its members have taken office, and shall thereafter hold at least one (1) 4
regular meeting per month. No newspaper notice shall be required for regular or 5
special meetings of the consolidated local government council. However, notice of 6
all meetings of the council and all meetings of committees of the council shall be 7
held pursuant to KRS 61.805 to 61.850. 8
(9) A major ity of the members of the consolidated local government council shall 9
constitute a quorum, but a smaller number may adjourn from day to day. The 10
consolidated local government council may enforce the attendance of members by 11
rules or ordinances with appropr iate fines. The mayor or two -thirds (2/3) of the 12
entire membership of the council may call a special meeting at any time. Meetings 13
shall be held in such places in the county as are provided by ordinance, and the 14
place of meetings shall not be changed excep t by an ordinance for which two-thirds 15
(2/3) of the members of the consolidated local government council have voted. 16
(10) The council shall determine its own rules and order of business, and keep and 17
provide a public record of its proceedings. The council shall provide for the 18
publication of all ordinances in a composite code of ordinances. The council's rules 19
shall not prohibit the filing of legislation that comports with the form 20
requirements of KRS 83A.060(1), (2), and (3). 21
(11) Council ordinances that p rescribe penalties for their violation shall be enforced 22
through the entire area of the consolidated local government unless: 23
(a) Otherwise provided by statute; or 24
(b) The legislative body of any city within the consolidated local government area 25
has adopt ed an ordinance pertaining to the same subject matter that is the 26
same as or more stringent than the standards set forth in the consolidated local 27
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government's ordinance. 1
(12) (a) In the case of a vacancy on the consolidated local government council by 2
reason of death, resignation, or removal, a nonpartisan election shall be held 3
to fill the unexpired term, unless paragraph (c) of this subsection applies. The 4
county clerk shall be responsible for administering the election. The election 5
shall proceed as follows: 6
1. The presiding officer of the council shall declare the position vacant and 7
issue a writ of election within twenty -four (24) hours of the occurrence 8
of the vacancy; 9
2. The writ shall be signed by the presiding officer, shall designate the day 10
for holding the election, and shall be delivered to the sheriff; 11
3. Candidates for the unexpired term shall file petitions of nomination with 12
the county clerk not later than ten (10) days following the declaration of 13
vacancy. The election shall be held sixty (6 0) days after the declaration 14
of vacancy on the next Tuesday which is not a federal holiday under 5 15
U.S.C. sec. 6103(a), unless paragraph (b) of this subsection applies. The 16
petition for nomination shall contain the signatures of two (2) registered 17
voters of the council district and shall meet the requirements of KRS 18
118.315(2); and 19
4. The successful candidate elected to fill an unexpired term in the office 20
of consolidated local government council member shall take office 21
immediately upon certification of t he election results and administration 22
of the oath of office. 23
(b) If the unexpired term will not end on the first Monday in January following 24
the next regular election, and if less than three (3) months intervene before 25
that regular election, the unexpired term shall be filled on the date set for the 26
regular election. Candidates for full terms shall be grouped together, and 27
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candidates for unexpired terms shall be grouped together, under appropriate 1
headings, so that the voter may easily distinguish the cand idates for full terms 2
from the candidates for unexpired terms. 3
(c) If the unexpired term will end on the first Monday in January following the 4
next regular election, and if less than three (3) months intervene before that 5
regular election, the presiding of ficer of the council shall appoint a qualified 6
person to fill the vacancy and serve the remainder of the term. 7
(d) The order of the names on the ballot for the candidates shall be determined by 8
lot at a public drawing to be held in the office of the county clerk at 4 p.m., 9
standard time, ten (10) days following the declaration of vacancy. 10
(13) All legislative powers of a consolidated local government are vested in the 11
consolidated local government council. The term "legislative power" is to be 12
construed broadly and shall include the power to: 13
(a) Enact ordinances, orders, and resolutions, and override a veto of the mayor by 14
a two-thirds (2/3) majority of the membership of the legislative council; 15
(b) Review the budgets of and appropriate money to the consolidated local 16
government; 17
(c) Adopt a budget ordinance; 18
(d) Levy taxes, subject to the limit ations of the Constitution and the laws of the 19
Commonwealth of Kentucky; 20
(e) Establish standing and temporary committees; and 21
(f) Make independent audits and investigations concerning the affairs of the 22
consolidated local government and any board or commission that: 23
1. Is composed of members who are appointed by the mayor and approved 24
by the legislative council; or 25
2. Has a budget that is equal to or greater than one million dollars 26
($1,000,000.00), except that this subparagraph shall not apply to any fee 27
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officer elected within the consolidated local government. 1
(14) The consolidated local government council, or either of its two (2) major political 2
caucuses, may hire or retain legal counsel for advice and consultation or to 3
prepare or review legislation. Th e legal counsel may provide an opinion on the 4
legality or constitutionality of any legislative action, but that opinion shall only be 5
an advisory opinion. 6
(15) (a) The consolidated local government council shall establish a Government 7
Oversight and Audit Committee. This committee shall be: 8
1. Composed of members from each of the two (2) largest political 9
caucuses in the legislative council; 10
2. Appointed by the chairs of their respective caucuses; and 11
3. Composed on the basis of the proportion of each of the two (2) caucuses' 12
total membership as compared to the total membership of the legislative 13
council. Any fractional proportions shall be rounded in the favor of the 14
smallest caucus' membership on the committee. 15
(b) The committee shall have the power to: 16
1. Compel testimony and the submission of work papers or documents; 17
2. Issue subpoenas to compel any officer, appointee, or former officer or 18
appointee to a board or commission described in subsection (13)(f) of 19
this section or any department or division of t he consolidated local 20
government to appear before the committee and to compel the 21
submission to the committee of any work papers or documents pertinent 22
to an independent audit or investigation. Any subpoenas issued or 23
testimony compelled shall be subject t o any relevant statutes concerning 24
privacy. Testimony subject to KRS 61.810 shall only be taken in 25
executive session. The right to privacy or the requirement that testimony 26
be taken in executive session may be waived by the person or entity 27
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being subpoenaed or compelled to testify; 1
3. Petition the appropriate Circuit Court to compel obedience by 2
proceedings for contempt as in the case of disobedience of a subpoena 3
issued from the Circuit Court or a refusal to testify therein, if any officer 4
or appointee fai ls or refuses to testify or furnish the work papers or 5
documents subpoenaed; 6
4. Administer oaths to witnesses appearing before the committee when the 7
committee deems the administration of an oath necessary and advisable 8
as provided by law. This decision to administer oaths shall be taken by a 9
majority vote of the committee of the legislative council; and 10
5. Recommend the removal of any appointee to a board or commission 11
described in subsection (13)(f) of this section. 12
(c) The legislative council of the cons olidated local government shall adopt by 13
resolution any process or procedures deemed necessary for the administration 14
of subpoenas and oaths. 15
(d) The legislative council of the consolidated local government may only act to 16
remove an appointee to a board or commission described in subsection (13)(f) 17
of this section upon the recommendation of the Government Oversight and 18
Audit Committee. 19
(e) The Government Oversight and Audit Committee shall have the power to 20
issue subpoenas or administer oaths. Except as pro vided in KRS 65.003(7), 21
the legislative council of the consolidated local government shall not delegate 22
those powers to any other entity or entities not a part of the legislative council 23
of the consolidated local government. 24
(16)[(15)] Any regulation, rule, or other similar action issued: 25
(a) By a board that is operating under KRS Chapter 109 or 212; and 26
(b) That applies to individuals residing or businesses operating within the 27
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jurisdiction of the consolidated local government as it relates to the conduct 1
of the individuals or businesses; 2
may be reviewed and overridden by an adopted resolution of the consoli dated 3
local government council within forty -five (45) days of the issuance of the 4
regulation, rule, or similar action. 5
(17) The consolidated local government council shall be known as the legislative council 6
of ...................../................... Cou nty Metro Government, which shall be a 7
combination of the names of the largest city in existence in the county on the date 8
of the adoption of the consolidated local government and the county. 9
SECTION 3. A NEW SECTION OF KRS CHAPTER 67C IS CREATED TO 10
READ AS FOLLOWS: 11
(1) There shall be an office of internal audit within the consolidated local 12
government that shall be separate from any other agency or department of the 13
consolidated local government. The office shall report directly to the consolidated 14
local government council. The office shall have a sufficient budget to conduct the 15
activities and fulfill the responsibilities set out by this section and by any 16
ordinances passed by the consolidated local government council. 17
(2) The office of internal audit shall be authorized to conduct financial and 18
performance audits and reviews of all departments, offices, boards, and activities 19
of the consolidated local government and have any other duties, powers, and 20
authorities as set out by ordinance. 21
(3) The office of internal audit shall be headed by a chief audit executive, who shall 22
serve a term of four (4) years and shall be appointed in a manner determined by 23
the consolidated local government council by ordinance. A candidate for chief 24
audit executive shall receive the approval of the majority of the membership of 25
the body charged with making personnel employment decisions for the 26
consolidated local government council and that is responsible for appointing the 27
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chief audit executive . The chief audit executive shall be at least twenty -one (21) 1
years old and shall have any additional qualifications as determined by ordinance 2
of the consolidated local government council. 3
(4) The chief audit executive may serve consecutive terms. 4
(5) Vacancies of the chief audit executive shall be handled in the same manner as 5
appointments. 6
(6) A chief audit executive may be removed in a process determined by ordinance by 7
the legislative council of the consolidated local government for neglect, 8
incapacity, misfeasance, or malfeasance on the part of chief audit executive. 9
Section 4. KRS 67C.115 is amended to read as follows: 10
(1) Upon the successful passage of the question to consolidate a city of the first class 11
and its county, all ordinances and resolutions of the previously existing city of the 12
first class and all ordinances and resolutions of the county shall become effective 13
ordinances and resolutions of the consolidated local government until repealed, 14
modified, or amended in accordance with the following order of precedence: 15
(a) If a city ordinance conflicts with a county ordinance, the county ordinance 16
shall prevail and shall become effective countywide; and 17
(b) If a city ordinance addresses a subject matter not add ressed by a county 18
ordinance, the city ordinance shall become effective countywide; and 19
(c) If a county ordinance addresses a subject matter not addressed by a city 20
ordinance, the county ordinance shall become effective countywide. 21
Notwithstanding paragra ph (a) of this subsection and in the event a uniform land 22
development code has not been jointly adopted by the city and county prior to the 23
effective date of a consolidated local government, the historic preservation and 24
landmarks ordinances, and the zonin g regulations of the city adopted pursuant to 25
KRS Chapter 100, shall prevail and become effective countywide. 26
(2) Ordinances and resolutions of either the city of the first class or its county in 27
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existence on the effective date of a local government consol idation which conflict 1
with other provisions of this chapter shall be void. Except as provided in KRS 2
67C.123(3), any ordinance, resolution, or order in effect in a city of the first class or 3
its county on the date a consolidated local government takes eff ect shall expire five 4
(5) years from that date unless amended or reenacted by the consolidated local 5
government. 6
(3) All ordinances of the city and county creating agencies and boards and interlocal 7
agreements shall survive and be deemed reenacted by the c ouncil. All members 8
may serve the balance of the terms to which they were appointed and until their 9
successors are appointed and duly qualified according to law. 10
(4) For purposes of this section, a conflict shall be deemed to exist between ordinances 11
or re solutions, or the provisions of this chapter, where any rights, remedies, 12
entitlements, or the enforcement thereof cannot reasonably be reconciled. 13
(5) (a) The county attorney shall serve as the legal advisor and representative to the 14
consolidated local go vernment, except for those duties pertaining to fiscal 15
court and as provided in subsection (14) of Section 2 of this Act. 16
(b) The county attorney shall retain and exercise all other duties, powers, and 17
rights delegated to that office by law, excluding the power to approve 18
legislation prior to its consideration by the legislative body of the consolidated 19
local government. The county attorney may provide an opinion on the [form, 20
]legality[,] or constitutionality of any legislative action, but that opinion sh all 21
only be an advisory opinion. This subsection does not prevent the 22
consolidated local government council from retaining its own legal counsel 23
for advice and consultation should it[they] choose to do so. 24
(6) Wherever the words "county judge" or "county j udge/executive" appear in any 25
resolution or ordinance in existence in a city of the first class or in a county 26
containing a city of the first class as of the effective date of the establishment of a 27
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consolidated local government, they shall be deemed to me an the mayor of the 1
consolidated local government. 2
Section 5. KRS 69.210 is amended to read as follows: 3
(1) Except as provided in Section 4 of this Act, the county attorney shall attend the 4
fiscal court or consolidated local government and conduct all business touching the 5
rights or interests of the county or consolidated local government, and when so 6
directed by the fiscal court or consolidated local gov ernment, he or she shall 7
institute, defend, and conduct all civil actions in which the county or consolidated 8
local government is interested before any of the courts of the Commonwealth. 9
(2) (a) The county attorney shall attend to the prosecution in the ju venile session of 10
the District Court of all proceedings held pursuant to petitions filed under 11
KRS Chapter 610 and over which the juvenile session of the District Court 12
has jurisdiction pursuant to KRS Chapter 610. 13
(b) Notwithstanding paragraph (a) of this subsection, the attorneys for the Cabinet 14
for Health and Family Services may attend to the prosecution of any case 15
under KRS Chapter 620 upon written consent of the county attorney and 16
judge of the District Court or family division of the Circuit Court. 17
(3) The county attorney shall give legal advice to the fiscal court or consolidated local 18
government and the several county or consolidated local government officers in all 19
matters concerning any county or consolidated local government business within 20
their jurisdiction , except as provided in Section 4 of this Act . He or she shall 21
oppose all unjust or illegally presented claims. 22
(4) A county attorney serving in a county, consolidated local government, or urban -23
county which is part of a judicial circuit desc ribed by KRS 69.010(2), in addition to 24
the duties in subsections (1) and (2) of this section, shall have the following duties: 25
(a) He or she shall attend all civil cases and proceedings in his or her county in 26
which the Commonwealth is interested; and 27
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(b) He or she shall advise the collector of money due the Commonwealth in the 1
county or consolidated local government in regard to motions against 2
delinquent collecting officers for failing to return executions, and shall 3
prosecute the motions. In no case shal l the county attorney take a fee or act as 4
counsel in any case in opposition to the interest of the county or consolidated 5
local government. 6
Section 6. KRS 67C.111 is amended to read as follows: 7
(1) All cities other than those of the first class located within the territory of the 8
consolidated local government, upon the successful passage of the question to 9
consolidate a city of the first class and its county, shall remain incorporated unless 10
dissolved in accordance with KRS 81.094 and shall continue to exercise all powers 11
and perform the functions permitted by the Constitution and general laws of the 12
Commonwealth of Kentucky applicable to the cities of the class to which they have 13
been assigned. 14
(2) (a) After July 15, 202 4, with the approval of the consolidated local government's 15
legislative council, qualified voters within the consolidated local government 16
may establish new cities within the consolidated local government pursuant to 17
KRS 81.050 and 81.060. The proposed cit y must have a population of six 18
thousand (6,000) or greater. This territory shall not be within any urban 19
services boundary of the consolidated local government nor shall it include 20
any territory currently incorporated within any existing city. The approva l of 21
the desire to establish a new city shall be in the form of a resolution by the 22
consolidated local government's legislative council. If the legislative council 23
does not act upon the request within sixty (60) days of the receipt of the desire 24
to incorpo rate a new city, that shall serve as notice of approval by the 25
legislative council of the incorporation of the new city. 26
(b) If the petition to form a city is signed by a number of registered and qualified 27
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voters residing in the area proposed to be incorpo rated which is equal to at 1
least seventy-five percent (75%) of the total number of votes cast in the area 2
in the last preceding presidential election, the consolidated local government's 3
legislative council shall approve the proposed incorporation. 4
(c) If the petition to form a city is signed by a number of registered and qualified 5
voters residing in the area proposed to be incorporated which is less than 6
seventy-five percent (75%) of the total number of votes cast in the area in the 7
last preceding presiden tial election, the consolidated local government's 8
legislative council may approve the proposed incorporation. 9
(d) An action of the consolidated local government's legislative council approving 10
an incorporation passed by the consolidated local government l egislative 11
council shall not be subject to veto by the mayor of the consolidated local 12
government. 13
(3) (a) Any proposed annexation by a city in that county shall first receive the 14
approval of the legislative council of the consolidated local government pri or 15
to the city proceeding under the provisions of KRS Chapter 81A. The city 16
shall request the approval of the consolidated legislative council by ordinance. 17
For requests filed after July 15, 2024: 18
1. If the ordinance is accompanied by a petition in favor o f the proposed 19
annexation signed by a number of registered and qualified voters 20
residing in the area proposed to be annexed which is equal to at least 21
seventy-five percent (75%) of the total number of votes cast in the area 22
in the last preceding presidenti al election, the consolidated local 23
government shall approve the proposed annexation; or 24
2. If the ordinance is accompanied by written consent of the owners of 25
record of the area to be annexed when that area is vacant or is otherwise 26
unimproved land and wh ere no persons reside, the consolidated 27
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government legislative council shall approve the proposed annexation. 1
A city shall not annex vacant or otherwise unimproved land where no 2
persons reside as set out by this subparagraph more than once every four 3
(4) calendar years. 4
(b) The consolidated legislative council's decision shall be made by ordinance 5
and within sixty (60) days of the receipt of the request by the affected city. If 6
an ordinance has not been enacted by the consolidated legislative council 7
within sixty (60) days, the request for a city to proceed with an annexation 8
proposal shall be deemed to be approved by the consolidated legislative 9
council. An ordinance approving annexation passed by the consolidated local 10
government legislative council shall not be subject to veto by the mayor of the 11
consolidated local government. 12
(c) 1. A city in a county containing a consolidated local government shall not 13
annex commercial real estate primarily for the purpose of obtaining 14
occupational license taxes, net pro fits, or gross receipts taxes unless 15
each owner of record of property within the area to be annexed gives 16
prior consent in writing to the annexation. 17
2. a. As used in this paragraph, "commercial real estate" means any 18
parcel of real estate that is: 19
i. Lawfully used primarily for sales, retail, wholesale, office, 20
research, institutional, warehouse, manufacturing, or 21
industrial purposes; 22
ii. Lawfully used primarily for multifamily residential purposes 23
involving five (5) or more dwelling units; or 24
iii. Zoned a s a business or commercial use by a planning unit 25
under the provisions of KRS Chapter 100. 26
b. "Commercial real estate" does not include single-family residential 27
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units such as condominiums, townhouses, manufactured homes, or 1
homes or lots in a subdivision when sold, or residential units 2
otherwise conveyed on a unit -by-unit basis, even if those units are 3
part of a larger building or parcel of real estate containing more 4
than four (4) residential units. 5
(4) The adoption of a consolidated local government in a county containing a city of 6
the first class shall not prevent the merger or dissolution of any existing cities as 7
provided by law or the merger of any remaining cities with the newly consolidated 8
local government. 9
(5) A petition circulated for the incorpo ration of a city or for the annexation of 10
territory shall conform to KRS 65.012(1). Petitioners shall have one (1) year from 11
the date of the first signature to circulate the petition. Any completed petition 12
shall be submitted first to the county clerk, who then, upon finding the signatures 13
in order, shall transmit the petition to the consolidated local government's 14
council for the purposes set out in this section. 15
Section 7. KRS 67C.147 is amended to read as follows: 16
(1) In order to maintain the tax structure, tax rates, or level of services in the area of the 17
consolidated local government formerly comprising the city of the first class, the 18
legislative council of a consol idated local government may provide in the manner 19
described in this chapter for taxes and services within the area comprising the 20
former city of the first class which are different from the taxes and services which 21
are applicable in the remainder of the co unty. These differences may include 22
differences in tax rates upon the class of property which includes the surface of the 23
land, differences in ad valorem tax rates upon personal property, and differences in 24
tax rates upon insurance premiums. 25
(2) (a) Any di fference in the ad valorem tax rate on the class of property which 26
includes the surface of the land in the portion of the county formerly 27
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comprising the city of the first class and in the portion of the county other 1
than that formerly comprising the city o f the first class may be imposed 2
directly by the consolidated local government council. 3
(b) For purposes of this section, the consolidated local government council may 4
by ordinance adopt the following two (2) distinct subclassifications of real 5
property for purposes of taxation within the portion of the county formerly 6
comprising the city of the first class: 7
1. "Land," which means the surface of the earth and its natural 8
resources, exclusive of any human -made structures, cultivated 9
agricultural products, o r artificial improvement or alteration to the 10
land; and 11
2. "Improvements," which means any human -made addition to or 12
modification of land that enhances its value, including but not limited 13
to: 14
a. Any building, structure, fence, or pavement constructed upon the 15
land; 16
b. Any cultivated agricultural products grown upon the land; and 17
c. Any artificial land backfill, grading, or site preparation aimed at 18
modifying the natural topography. 19
(c) The council may levy a separate ad valorem tax rate on land and a separ ate 20
ad valorem tax rate on improvements within the portion of the county 21
formerly comprising the city of the first class. The rate levied on 22
improvements may be lower than the rate levied on land. The rate levied on 23
improvements shall be sufficient to constitute a bona fide tax levy. 24
(d) Notwithstanding KRS 132.010, for any tax year in which separate rates are 25
levied under this subsection, the compensating tax rate shall be calculated 26
as the specific combination of rates on land and improvements so that whe n 27
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applied to the current year's assessment, produces an aggregate revenue 1
equal to the revenue produced in the preceding year. 2
(e) Notwithstanding KRS 132.010 and 132.017, the portion of a tax rate that is 3
subject to recall in relation to producing revenue exceeding four percent 4
(4%) over that produced by the compensating tax rate shall be determined 5
based on the aggregate revenue produced by the combination of the rate 6
levied on land and the rate levied on improvements. 7
(f) Notwithstanding KRS 132.810, the homestead exemption shall be applied 8
first against the assessed value of improvements, and any remaining 9
balance of the exemption shall then be applied against the assessed value of 10
land. 11
(3) Any change in these ad valorem tax rates shall comply with KRS 68.245, 132.010, 12
132.017, and 132.027 and shall be used for services as provided by KRS 82.085. 13
(4)[(3)] If the consolidated local government council determines to provide for tax 14
rates applicable to health insurance premiums and personal property which ar e 15
different in the area formerly comprising the city of the first class than the rates 16
applicable in the remainder of the county, it shall do so in the following manner. 17
The consolidated local government council shall by ordinance create a tax district to 18
be known as the "urban service tax district" bounded by the former boundaries of 19
the former city of the first class. The ordinance shall designate the number of 20
members of the board of this tax district and the manner in which they shall be 21
appointed. The ordinance shall provide that the board of the tax district shall receive 22
the income derived from the differential tax rate applicable in the area formerly 23
comprising the city of the first class with respect to personal property, health 24
insurance premiums, or both, and shall contract with the consolidated local 25
government to pay all sums collected to the consolidated local government, in 26
return for the provision of services performed by the consolidated local government 27
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within the area formerly comprising th e city of the first class which services are in 1
addition to services performed by the consolidated local government in the 2
remainder of the county. The consolidated local government shall provide at least 3
an annual reporting to the urban service tax distri ct board and the legislative body 4
of the consolidated local government containing but not limited to detailed 5
operating and capital expenditures of each service performed by the consolidated 6
local government. 7
(5)[(4)] After the initial formation of an urba n service tax district in a consolidated 8
local government, the boundaries of the district may be modified in the following 9
manner. The proposal to alter the boundaries of the urban service tax district within 10
a consolidated local government may be initiated by: 11
(a) A resolution enacted by the consolidated local government describing the 12
boundaries of the area to be added to or deleted from the tax district and duly 13
passed and signed by the mayor not less than one hundred twenty (120) days 14
before the next regularly scheduled election day within the county; or 15
(b) A petition signed by a number of qualified voters living within precincts 16
within the area to be added to or deleted from the tax district equal to ten 17
percent (10%) of the votes cast within each prec inct in the last general 18
election for President of the United States and delivered to the clerk of the 19
legislative council more than one hundred twenty (120) days next preceding 20
the next regularly scheduled election day within the county. 21
The boundaries s o described in either case shall not cross precinct lines. The 22
question of whether the area bounded as described should be added to or deleted 23
from, as the case may be, the urban service tax district shall then be placed upon the 24
ballot in the precincts in the area to be added or deleted at the next regular election 25
and the question stated on the ballot shall be so phrased that a "Yes" vote shall be 26
cast in favor of making the proposed change and a "No" vote shall be cast to oppose 27
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the proposed change. If a majority of those voting in those precincts support the 1
change, then the change in the boundaries of the urban service tax district shall be 2
implemented. 3
(6)[(5)] (a) No later than July 1, 2025, the consolidated local government shall 4
reimburse a fire district operating under KRS Chapter 75 for expenses related 5
to each emergency medical response made by the fire district operating under 6
KRS Chapter 75 into the area of the urban service tax district. A fire district 7
so responding shall receive from the cons olidated local government three 8
hundred dollars ($300) for transporting a person and one hundred fifty dollars 9
($150) for arriving at person's location when no person is transported. 10
(b) The payment established in paragraph (a) of this subsection shall be in 11
addition to any insurance moneys the fire district may be eligible to receive 12
resulting from the response. 13
(c) The payment established in paragraph (a) of this subsection shall be adjusted 14
on July 1 of each year by the percentage increase in the nonseas onally 15
adjusted annual average Consumer Price Index for All Urban Consumers 16
(CPI-U), U.S. City Average, All Items, between the two (2) most recent 17
calendar years available, as published by the United States Bureau of Labor 18
Statistics. 19
(d) The consolidated local government shall not charge a fire district operating 20
under KRS Chapter 75 for any expenses or services that the consolidated local 21
government was not charging the fire district prior to January 1, 2024. 22
(7)[(6)] Except for services provided within t he central business district as defined by 23
the consolidated local government via ordinance as of April 1, 2024: 24
(a) From July 1, 2025, to June 30, 2028, the differential tax received by the urban 25
service tax district shall fund no less than eighty -five per cent (85%) of all 26
costs related to the services provided, including capital expenditures related to 27
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the services, within the urban service tax district by the consolidated local 1
government as set out in this section that are in addition to the services 2
performed by the consolidated local government in the remainder of the 3
county; 4
(b) From July 1, 2028, to June 30, 2031, the differential tax received by the urban 5
service tax district shall fund no less than ninety percent (90%) of all costs 6
related to the services provided, including capital expenditures related to the 7
services, within the urban service tax district by the consolidated local 8
government as set out in this section that are in addition to the services 9
performed by the consolidated local government in the remainder of the 10
county; 11
(c) From July 1, 2031, to June 30, 2034, the differential tax received by the urban 12
service tax district shall fund no less than ninety -five percent (95%) of all 13
costs related to the services provided, including capital expenditures related to 14
the services, within the urban service tax district by th e consolidated local 15
government as set out in this section that are in addition to the services 16
performed by the consolidated local government in the remainder of the 17
county; and 18
(d) After June 30, 2034, the differential tax received by the urban service t ax 19
district shall fund no less than one hundred percent (100%) of all costs related 20
to the services provided, including capital expenditures related to the services, 21
within the urban service tax district by the consolidated local government as 22
set out in t his section that are in addition to the services performed by the 23
consolidated local government in the remainder of the county. 24
Section 8. The terms of the ethics commission members currently serving in a 25
consolidated lo cal government shall end on December 31, 2026. In making new 26
appointments as set forth in subsection (8) of Section 1 of this Act, the mayor shall 27
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appoint one member for a four year term, and two members for a two year term, and the 1
two largest political caucuses shall each appoint one member for a four year term and one 2
member for a two year term. 3
Section 9. Any chief audit executive serving prior to the effective date of this 4
Act shall be allowed to complete his or her term of appointment and shall be eligible for 5
reappointment to that position. 6