AN ACT relating to the abolition of eminent domain.

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AN ACT relating to the abolition of eminent domain. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 416 IS CREATED TO 3
READ AS FOLLOWS: 4
The power of eminent domain is hereby abolished in this Commonwealth. 5
Notwithstanding any other law to the contrary, an entity operating within this 6
Commonwealth, governme ntal in nature or otherwise, including but not limited to 7
cities, counties, municipalities, localities, commissions, departments, school districts, 8
mines, boards, railroad authorities, corporations, and public -private entities, shall not 9
exercise the right of eminent domain to force property owners to sell or lose their 10
property. 11
Section 2. KRS 3.070 is amended to read as follows: 12
(1) The United States is authorized to acquire, pursuant to [the provisions of ] this 13
section and[, as well as in pursuance to] KRS 148.111, [148.121, ] 148.141, and 14
148.151, the lands, including the caves and caverns underlying the lands[same], 15
within the area [hereinafter ] referred to in this section , as well as any [lands 16
]contiguous or adjacent lands[thereto] which may hereafter be duly authorized for 17
acquisition for national park purposes, for the purpose of converting the 18
lands[same] into, and for the establishment and maintenance thereon of, a national 19
park as contemplated and provided for by the Act of Congress entitled "An Act to 20
provide for the establishment of the Mammoth Cave National Park in the State of 21
Kentucky, and for other purposes," approved May 25, 1926 (44 Stat. 635), as 22
amended[and any amendments thereto] . The lands, consisting of approximately 23
70,618 acres, are situated in the counties of Edmonson, Barren , and Hart, in 24
Kentucky. The general boundaries of the land[thereof] are set forth in the report of 25
the Southern Appalachian National Park Commission to the Secretary of the 26
Interior, dated[under the date of] April 8, 1926. 27
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(2) The jurisdiction of Kentucky is ceded to the United States over, within , and under 1
all the territory [so ] acquired by the United States under this section . Kentucky 2
reserves the right to tax sales of gasoline and other motor conveyance fuels and oils 3
for use in motor conveyances, except to the extent that any[such] gasoline and other 4
fuels and oils are used by the United States and its agents in the adminis tration, 5
protection, improvement, maintenance, development, and operation of the land, and 6
the right to tax persons, their franchises , and properties, on the land so acquired. 7
Persons residing on the land shall have the right to vote at all elections withi n the 8
respective counties of their residence the same as if the land had not been acquired 9
by the United States. Jurisdiction shall not vest in the United States until the United 10
States, through the Secretary of the Interior, notifies the Governor of Kentu cky that 11
the United States assumes police jurisdiction over the land [so ]acquired under this 12
section. 13
Section 3. KRS 6.741 is amended to read as follows: 14
(1) A legislator, his or her spouse, or any business in which a legislator[he] or his or 15
her spouse own or control an interest of more than five percent (5%) shall not 16
intentionally lease or sell any facility, building, or other real property to a state 17
agency while the legislator is a member of the General Assembly. 18
(2) This section[provision] shall not:[ apply to sales or leases made under threat of or 19
pursuant to KRS Chapter 416, relating to eminent domain, and does not ] 20
(a) Impair any lawful contract existing on September 16, 1 993; or[. This section 21
shall not ] 22
(b) Apply to a lease or sale for a nominal consideration if the lease or sale is 23
preapproved by the commission. 24
(3) Violation of this section is a Class D felony, and the court upon conviction may 25
void any sale or lease violating this section[provision]. 26
Section 4. KRS 11A.040 is amended to read as follows: 27
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(1) A public servant, in order to further his or her own economic interests, or those of 1
any other person, shall not knowingly disc lose or use confidential information 2
acquired in the course of his or her official duties. 3
(2) A public servant shall not knowingly receive, directly or indirectly, any interest or 4
profit arising from the use or loan of public funds in his or her hands or to be raised 5
through any state agency. 6
(3) A public servant shall not knowingly act as a representative or agent for the 7
Commonwealth or any agency in the transaction of any business or regulatory 8
action with himself or herself, or with any business in whi ch he or she or a member 9
of his or her family has any interest greater than five percent (5%) of the total value 10
thereof. 11
(4) A public servant shall not knowingly himself or herself or through any business in 12
which he or she owns or controls an interest of more than five percent (5%), or by 13
any other person for his or her use or benefit or on his or her account, undertake, 14
execute, hold, bid on, negotiate, or enjoy, in whole or in part, any contract, 15
agreement, lease, sale, or purchase made, entered into, a warded, or granted by the 16
agency by which he or she is employed or which he or she supervises, subject to 17
[the provisions of ]KRS 45A.340. This subsection[provision] shall not apply to: 18
(a) [A contract, purchase, or good -faith negotiation made pursuant to KRS 19
Chapter 416 relating to eminent domain; or 20
(b) ]Agreements which may directly or indirectly involve public funds disbursed 21
through entitlement programs;[ or] 22
(b)[(c)] A public servant's spouse or child doing business with any state agency 23
other than the agency by which the public servant is employed or which he or 24
she supervises;[ or] 25
(c)[(d)] Purchases from a state agency that are available on the same terms to the 26
general public or that are made at public auction; or 27
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(d)[(e)] Sales of craft items to a state park by interim state employees designated 1
as craftspersons under KRS 148.257. 2
(5) A public servant shall not knowingly accept compensation, other than that provided 3
by law for public servants, for performance of his or her official duties without t he 4
prior approval of the commission. 5
(6) A former officer or public servant listed in KRS 11A.010(9)(a) to (g) shall not, 6
within one (1) year of termination of his or her employment, knowingly by himself 7
or herself or through any business in which he or she owns or controls an interest of 8
at least five percent (5%), or by any other person for his or her use or benefit or on 9
his or her account, undertake, execute, hold, bid on, negotiate, or enjoy, in whole or 10
in part, any contract, agreement, lease, sale, o r purchase made, entered into, 11
awarded, or granted by the agency by which he or she was employed. This 12
subsection[provision] shall not apply to: 13
(a) [a contract, purchase, or good -faith negotiation made under KRS Chapter 416 14
relating to eminent domain or to ] Agreements that may directly or indirectly 15
involve public funds disbursed through entitlement programs;[. This provision 16
shall not apply to ] 17
(b) Purchases from a state agency that are available on the same terms to the 18
general public or that are made at public auction ; or[. This provision shall not 19
apply to ] 20
(c) Former officers of the Department of Public Advocacy whose continued 21
representation of clients is necessary in order to prevent an adverse effect on 22
the client. 23
(7) (a) A present or former officer or public servant listed in KRS 11A.010(9)(a) to 24
(g) shall not, within one (1) year following termination of his or her office or 25
employment, acc ept employment, compensation, or other economic benefit 26
from any person or business that contracts or does business with, or is 27
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regulated by, the state in matters in which he or she was directly involved 1
during the last thirty-six (36) months of his or her tenure. 2
(b) This subsection[provision] shall not prohibit: 3
1. An individual from returning to the same business, firm, occupation, or 4
profession in which he or she was involved prior to taking office or 5
beginning his or her term of employment, or for whi ch he or she 6
received, prior to his or her state employment, a professional degree or 7
license, if[provided that,] for a period of one (1) year, he or she 8
personally refrains from working on any matter in which he or she was 9
directly involved during the las t thirty -six (36) months of his or her 10
tenure in state government;[. This subsection shall not prohibit ] 11
2. The performance of ministerial functions, including but not limited to 12
filing tax returns, filing applications for permits or licenses, or filing 13
incorporation papers; or[, nor shall it prohibit ] 14
3. The former officer or public servant from receiving publ ic funds 15
disbursed through entitlement programs. 16
(8) A former public servant shall not act as a lobbyist or lobbyist's principal in matters 17
in which he or she was directly involved during the last thirty-six (36) months of his 18
or her tenure for a period of one (1) year after the latter of: 19
(a) The date of leaving office or termination of employment; or 20
(b) The date the term of office expires to which the public servant was elected. 21
(9) A former public servant shall not represent a person or business before a state 22
agency in a matter in which the former public servant was directly involved during 23
the last thirty-six (36) months of his or her tenure, for a period of one (1) year after 24
the latter of: 25
(a) The date of leaving office or termination of employment; or 26
(b) The date the term of office expires to which the public servant was elected. 27
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(10) (a) Without the approval of his or her appointing authority, a public servant shall 1
not accept outside employment from any person or business that does 2
business with or is regulated by the state agency for which the public servant 3
works or which he or she supervises, unless the outside employer's 4
relationship with the state agency is limited to the receipt of entitlement funds. 5
(b) The appointing authority shall review administrative regulations established 6
under KRS Chapter 11A when deciding whether to approve outside 7
employment for a public servant. 8
(c) The appointing authority shall not approve outside employment for a public 9
servant if the public servant is involved in decision -making or 10
recommendations concerning the person or business from which the public 11
servant seeks outside employment or compensation. 12
(d) The appointing authority, if applicable, shall file quarterly with the Executive 13
Branch Ethics Commission a list of all employees who have been approved 14
for outside employment along with the name of the outside employer of each. 15
(11) The prohibitions imposed by subsection (5) or (10) of this section shall not apply to 16
Professional Golfers' Association class A me mbers who teach golf lessons and 17
receive a fee or lesson charge at golf courses owned and operated by the Kentucky 18
Department of Parks. Instruction provided by an employee of the Commonwealth 19
shall only be given while the employee is on his or her own pers onal time. The 20
commissioner of the Department of Parks shall promulgate administrative 21
regulations in accordance with KRS Chapter 13A to establish guidelines for the 22
process by which Professional Golfers' Association class A members are approved 23
to teach g olf lessons at Kentucky Department of Parks -owned golf courses. The 24
exception granted by this subsection is in recognition of the benefits that will accrue 25
to the Kentucky Department of Parks due to increased participation at state -owned 26
golf courses. 27
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(12) The prohibitions imposed by subsections (6) to (10) of this section shall not apply 1
to members of the Kentucky Horse Racing and Gaming Corporation. 2
(13) (a) This section shall not be construed to prohibit employees of the Department of 3
Agriculture who are not employed within the Kentucky Office of Agricultural 4
Policy established in KRS 246.030 from participating in, applying for, or 5
receiving funds, awards, or contracts administered by the Department of 6
Agriculture through the Kentucky Office of Agricultural Policy. 7
(b) This subsection shall be retroactive to March 12, 2021. 8
Section 5. KRS 29A.180 is amended to read as follows: 9
(1) The sheriff or city police, as appropriate, shall be responsible for meals, housing, 10
and other incidental needs of grand jurors and petit jurors in Circuit Court and in 11
District Court when the jurors are kept overnight or otherwise sequestered when 12
ordered to do so by the judge of the court for which the jurors were summoned. The 13
expenses for th ese services shall be borne by the Finance and Administration 14
Cabinet and the officer shall be reimbursed in accordance with administrative 15
regulations issued by the Finance and Administration Cabinet, in accordance 16
with[pursuant to] KRS Chapter 13A. 17
(2) The sheriff or city police, as appropriate, shall be responsible for the transportation 18
of jurors and other authorized persons to views of the scene or other locations 19
authorized by the court pursuant to KRS 29A.310. In criminal cases the expenses 20
for these services shall be borne by the Finance and Administration Cabinet, and the 21
sheriff shall be reimbursed in accordance with administrative regulations issued by 22
the Finance and Administration Cabinet, in accordance with [pursuant to] KRS 23
Chapter 13A. [Excepting views conducted under the Eminent Domain Act of 24
Kentucky, ]In civil cases , these expenses shall be paid by the party requesting the 25
viewing. 26
(3) The sheriff or city police, as appropriate, shall be responsible for providing any 27
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specialized security per sonnel, equipment, and services which the judge, with the 1
consent of the Chief Justice, shall deem necessary for the conduct of a trial in which 2
the judge believes that special security precautions are necessary or desirable. The 3
expenses for these service s shall be borne by the Finance and Administration 4
Cabinet, and the officer shall be reimbursed in accordance with administrative 5
regulations issued by the Finance and Administration Cabinet, in accordance 6
with[pursuant to] KRS Chapter 13A. In such cases, the judge may also request the 7
Chief Justice to provide the services of the Department of Kentucky State Police to 8
ensure proper security precautions relating to the case. 9
Section 6. KRS 36.040 is amended to read as follows: 10
(1) The adjutant general shall: 11
(a) Represent the Governor in all military matters pertaining to the 12
Commonwealth of Kentucky; 13
(b) Be the executive head of the Department of Military Affairs and exercise all 14
functions vested by law in the department; 15
(c) Establish the internal organizational structure of the major organizations of 16
the department; 17
(d) Organize and supervise all programs, functions, and personnel assigned to the 18
department in accordance with all state and federal statutes and administrative 19
regulations; 20
(e) Be responsible to the Governor for the proper carrying into effect of all laws, 21
rules, and regulations of the United States and of this state affecting the militia 22
and other military organizations established by law; 23
(f) Perform the duties prescribed for him or her by laws of the United States and 24
regulations issued thereunder; 25
(g) Direct and supervise the chiefs of staff departments and supervise all troops 26
and all departments, arms, and branches of the Kentucky Army and Air 27
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National Guard; 1
(h) Supervise the preparation of all returns and reports of the Department of 2
Military Affairs; 3
(i) Keep a register of all the officers of the Kentucky National Guard, and make a 4
written report to the Governor for the annual period ending on June 30 of each 5
year of the operations and conditions of the Department of Military Affairs; 6
(j) Cause to be prepared and issued all necessary blank books, forms, and notices 7
required to carry into full effect matters assigned to the adjutant general under 8
[the provisions of ]KRS Chapters 36, 37, and 38; 9
(k) Direct and supervise the safekeeping and repairing of the ordnance, arms, 10
accoutrements[accouterments], equipment, and all other military property 11
belonging to the state or issued to it by the United States; 12
(l) Notify the Finance and Administration Cabine t of all military property of the 13
state which after inspection is found unsuitable for use of the cabinet; 14
(m) Keep an account of: 15
1. All expenses, including pay of officers and enlisted persons[men], 16
allowance to officers and organizations; 17
2. Any other m oneys required to be disbursed by the adjutant 18
general[him] and through his or her office, including subsistence and 19
transportation of the National Guard; and 20
3. All military property of the United States; 21
(n) Issue and make requisitions for military prope rty under the direction of the 22
Governor, but no military property shall be issued to persons or organizations 23
other than those belonging to the National Guard, except to such portion of 24
the Kentucky active militia as is called out by the Governor; 25
(o) Maintain as a part of his or her office a Bureau of War Records in which all 26
records pertaining to wars and relics shall be kept, and be custodian of all 27
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such records, relics, colors, standards, and battle flags now the property of the 1
state, or in its possession, or which the state may hereafter acquire; 2
(p) Organize units of the National Guard at places designated by the Governor 3
and have the members mustered into service under regulations prescribed by 4
the Governor; 5
(q) Issue all regulations, orders, and dir ectives for the proper functioning and 6
utilization of the Department of Military Affairs and its divisions; 7
(r) Hire, discharge, and pay any personnel that the adjutant general deems 8
necessary to fulfill defense contracts without regard to KRS Chapter 18A; and 9
(s) Make contracts, acquire real and personal property by gift or[,] purchase, [or 10
by condemnation in the manner prescribed in the Eminent Domain Act of 11
Kentucky, ]and do all things necessary to perform its duties under this section 12
and KRS 36.080. 13
(2) The adjutant general, or his or her designee, may enter into any federal contracts, 14
federal grants, and federal agreements with the United States of America, by and 15
through the Department of Defense, Department of the Army, Department of the 16
Air Force, N ational Guard Bureau, Federal Aviation Administration, United States 17
Department of Homeland Security, [and ]Federal Emergency Management Agency, 18
and any other division, department, or agency of the federal government, as may be 19
deemed necessary to carry out the general intent and purposes of the Department of 20
Military Affairs. 21
Section 7. KRS 36.080 is amended to read as follows: 22
(1) The facilities division shall provide adequate armories, buildings , and grounds for 23
the Kentucky Army and Air National Guard for its purposes of drill, instruction , 24
and administration and for the safekeeping of public property of the state and the 25
United States issued to or for the use of the Kentucky National Guard. 26
(2) The facilities division may, either alone or in cooperation with the United States 27
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government, counties, cities, private corporations, voluntary unincorporated 1
associations or individuals, construct, or acquire by purchase, contract, lease, gift, 2
or donation [donations, or by con demnation in the manner prescribed in the 3
Eminent Domain Act of Kentucky] , armories, buildings , or grounds suitable for 4
drill, instruction , and administration and the safekeeping of public property, and 5
make additions and improvements in or to those[such] armories and facilities. The 6
division may, either alone or with the [like ] cooperation of others, provide heat, 7
light, water, telephone service , and other costs of operation and maintenance, 8
including insurance. 9
(3) The amounts to be spent for the construc tion, acquisition, maintenance , and rental 10
of armories shall be wholly within the discretion of the adjutant general. 11
Section 8. KRS 39A.100 is amended to read as follows: 12
(1) In the event of the occurrence or threatened or impending occurrence of any of the 13
situations or events enumerated in KRS 39A.010, 39A.020, or 39A.030, the 14
Governor may declare [,] in writing [,] that a state of emergency exists. The 15
Governor shall have and may exercise the following emergency powers during the 16
period in which the state of emergency exists: 17
(a) To enforce all laws [,] and administrative regulations relating to disaster and 18
emergency response and to assume direct operational control of all disaster 19
and emergency response forces and activities in the Commonwealth; 20
(b) To require state agencies and to request local govern ments, local agencies, 21
and special districts to respond to the emergency or disaster in the manner 22
directed; 23
(c) [To seize, take, or condemn property, for the duration of the emergency, and 24
only for public use as defined in KRS 416.675, excluding firearms and 25
ammunition, components of firearms and ammunition, or a combination 26
thereof, for the protection of the public or at the request of the President, the 27
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Armed Forces, or the Federal Emergency Management Agency of the United 1
States, including: 2
1. All means of transportation and communication; 3
2. All stocks of fuel of whatever nature; 4
3. Food, clothing, equipment, materials, medicines, and all supplies; and 5
4. Facilities, including buildings and plants, but excluding houses of worship, 6
except to the extent t hat such houses have become unsafe to a degree that 7
would justify condemnation in the absence of a state of emergency. 8
Compensation for property seized, taken, or condemned under this paragraph 9
shall be determined using the process in KRS 416.540 to 416.6 70 to 10
determine value; 11
(d) To sell, lend, give, or distribute any of the property under paragraph (c) of this 12
subsection among the inhabitants of the Commonwealth and to account to the 13
State Treasurer for any funds received for the property; 14
(e) To make co mpensation for the property seized, taken, or condemned under 15
paragraph (c) of this subsection; 16
(f) ]To exclude all nonessential, unauthorized, disruptive, or otherwise 17
uncooperative personnel from the scene of the emergency, and to command 18
those persons o r groups assembled at the scene to disperse. A person who 19
refuses to leave an area in which a written order of evacuation has been issued 20
in accordance with a written declaration of emergency or a disaster may be 21
forcibly removed to a place of safety or sh elter, or may, if this is resisted, be 22
arrested by a peace officer. Forcible removal or arrest shall not be exercised as 23
options until all reasonable efforts for voluntary compliance have been 24
exhausted; 25
(d)[(g)] To declare curfews and establish their limits; 26
(e)[(h)] To prohibit or limit the sale or consumption of goods, in the event of a 27
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shortage of goods, excluding firearms and ammunition, components of 1
firearms and ammunition, or a combination of those[thereof], or commodities 2
for the duration of the emergency; 3
(f)[(i)] To grant emergency authority to pharmacists pursuant to KRS 4
315.500[,] for the duration of the emergency; 5
(g)[(j)] To request any assistance from agencies of the United States as 6
necessary and ap propriate to meet the needs of the people of the 7
Commonwealth; 8
(h)[(k)] Upon the recommendation of the Secretary of State, to declare by 9
executive order a different time or place for holding elections in an election 10
area for which a state of emergency has been declared for part or all of the 11
election area. The election shall be held within thirty -five (35) days from the 12
date of the suspended or delayed election. The executive order shall remain in 13
effect until the date of the suspended or delayed election r egardless of the 14
time limitations in KRS 39A.090 and shall not be changed except by action of 15
the General Assembly. The State Board of Elections shall establish 16
procedures for election officials to follow. Any procedures established under 17
this paragraph shall be subject to the approval of the Secretary of State and the 18
Governor by respective executive orders; and 19
(i)[(l)] Except as prohibited by this section or other law, to take action 20
necessary to execute those powers enumerated in paragraphs (a) to (h)[(k)] of 21
this subsection. 22
(2) Within thirty (30) days of a declared emergency [,] and every thirty (30) days 23
thereafter, the Governor shall report to the General Assembly [,] if in session, or to 24
the Legislative Research Commission if the General Assembly is n ot in session, on 25
a form provided by the Commission detailing: 26
(a) All expenditures relating to contracts issued during the emergency under KRS 27
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45A.085 or 45A.095, or under any provision for which a state agency does not 1
solicit bids or proposals for a contract; and 2
(b) All revenues received from the federal government in response to the declared 3
emergency, any expenditures or expenditure plan for the federal funds by 4
federal program, the state agency or program that was allocated the federal 5
funds, and any state fund expenditures required to match the federal funds. 6
(3) In the event of the occurrence or threatened or impending occurrence of any of the 7
situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in 8
the judgment of a local chi ef executive officer is of such severity or complexity as 9
to require the exercise of extraordinary emergency measures, the county 10
judge/executive of a county other than an urban -county government, or mayor of a 11
city or urban -county government, or chief exe cutive of other local governments or 12
their designees as provided by ordinance of the affected county, city, or urban -13
county may declare in writing that a state of emergency exists, and thereafter, 14
subject to any orders of the Governor, shall have and may e xercise for the period as 15
the state of emergency exists or continues, the following emergency powers: 16
(a) To enforce all laws and administrative regulations relating to disaster and 17
emergency response and to direct all local disaster and emergency response 18
forces and operations in the affected county, city, urban -county, or charter 19
county; 20
(b) To exclude all nonessential, unauthorized, disruptive, or uncooperative 21
personnel from the scene of the emergency, and to command persons or 22
groups of persons at the scene to disperse. A person who refuses to leave an 23
area in which a written order of evacuation has been issued in accordance 24
with a written declaration of emergency or a disaster may be forcibly removed 25
to a place of safety or shelter, or may, if this is resisted, be arrested by a peace 26
officer. Forcible removal or arrest shall not be exercised as options until all 27
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reasonable efforts for voluntary compliance have been exhausted; 1
(c) To declare curfews and establish their limits; 2
(d) To order immediate purc hase or rental of, contract for, or otherwise procure, 3
without regard to procurement codes or budget requirements, the goods and 4
services essential for protection of public health and safety or to maintain or 5
to restore essential public services; and 6
(e) To request emergency assistance from any local government or special district 7
and, through the Governor, to request emergency assistance from any state 8
agency and to initiate requests for federal assistance as are necessary for 9
protection of public health a nd safety or for continuation of essential public 10
services. 11
(4) [Nothing in ]This section shall not be construed to allow any governmental entity to 12
impose additional restrictions on: 13
(a) The lawful possession, transfer, sale, transport, carrying, storage, display, or 14
use of firearms and ammunition or components of firearms and ammunition; 15
(b) The right of the people to exercise free speech, freedom of the press, to 16
petition their government for redress of injuries, or to peaceably assemble; or 17
(c) The right of the people to worship, worship in person, or to act or refuse to act 18
in a manner motivated by a sincerely held religious belief. 19
(5) [Nothing in ]This section shall not be construed to allow any governmental entity to 20
impose restrictions on the right of the people to: 21
(a) Peaceably assemble; or 22
(b) Worship, worship in person, or to act or refuse to act in a manner motivated 23
by a sincerely held religious belief. 24
(6) (a) A governmental entity shall not prohibit or restrict a religious organization 25
from operating or engaging in religious services during a declared emergency 26
to the same or any greater extent than other organizations or businesses that 27
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provide essential services necessary and vital to the health and welfare of the 1
public are prohibited or restricted. 2
(b) Paragraph (a) of this subsection shall not prohibit the Governor from requiring 3
religious organizations to comply with neutral health, safety, or occupancy 4
requirements that are applicable to all organizations and businesses that 5
provide essential services. However, a[no] health, safety, or occupancy 6
requirement shall not [may] impose a substantial burden on a religious 7
organization or its services unless applying the burden to the religion or 8
religious service in the particular instance is essential to further a compelling 9
governmental interest and is the least restrictive means of furthering that 10
compelling governmental interest. 11
(c) A governmental entity shall not take any discriminatory action against a 12
religious organization. 13
(7) As used in this section: 14
(a) "Discriminatory action" includes any action taken by a governmental ent ity 15
wholly or partially on the basis that an[such] organization is religious, 16
operates or seeks to operate during a state of emergency, or engages in the 17
exercise of religion as protected under the First Amendment to the 18
Constitution of the United States to: 19
1. Adversely alter in any way the tax treatment of, cause any tax, penalty, 20
or payment to be assessed against, or deny, delay, or otherwise make 21
unavailable an exemption from taxation; 22
2. Disallow, deny, or otherwise make unavailable a deduction for st ate tax 23
purposes of any charitable contribution made to or by a religious 24
organization; 25
3. Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, 26
damages award, or injunction; or 27
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4. Withhold, reduce, exclude, terminate, adversely alter th e terms or 1
conditions of, or otherwise make unavailable or deny any: 2
a. State grant, contract, subcontract, cooperative agreement, 3
guarantee, loan, scholarship, or other similar benefit from or to a 4
religious organization; 5
b. Entitlement or benefit under a state benefit program from or to a 6
religious organization; or 7
c. License, certification, accreditation, recognition, or other similar 8
benefit, position, or status from or to any religious organization; 9
(b) "Governmental entity" means: 10
1. The Commonwealth or any of its political subdivisions; 11
2. Any agency of the state described in KRS 12.020; 12
3. Any person acting under color of state law; and 13
4. Any private person suing under or attempting to enforce a law, rule, or 14
administrative regulation adopted by the state or any of its political 15
subdivisions; 16
(c) "Religious organization" means: 17
1. A house of worship, including churches, synagogues, shrines, mosques, 18
and temples; 19
2. A religious group, corporation, association, educational institution, 20
ministry, order, society, or similar entity, regardless of whether it is 21
integrated or affiliated with a church or other house of worship; or 22
3. Any officer, owner, employee, manager, religious leader, clergy, or 23
minister of an entity or organization described in this paragraph; and 24
(d) "Religious services" means a meeting, gathering, or assembly of two (2) or 25
more persons organized by a religious organization for the purpose of 26
worship, teaching, training, providing educational services, conducting 27
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religious rituals, or other activities that are deemed necessary by the religious 1
organization for the exercise of religion. 2
(8) A religious organization may assert a violation of subsection (4)(c), (5)(b), or (6) of 3
this section as a claim against a governmental entity in any judicial or 4
administrative proceeding or as a defense in any judicial or administrative 5
proceeding without regard to whether the p roceeding is brought by or in the name 6
of the governmental entity, any private person, or any other party. Sovereign, 7
governmental, and qualified immunity are waived to the extent of liability created 8
under this section. An action asserting a violation of this section may be 9
commenced, and relief may be granted, without regard to whether the religious 10
organization commencing the action has sought or exhausted administrative 11
remedies. 12
(9) Remedies available to a religious organization under this section agai nst a 13
governmental entity include: 14
(a) Declaratory relief; 15
(b) Injunctive relief to prevent or remedy a violation of this section or the effects 16
of that[such] violation; 17
(c) Compensatory damages for pecuniary and nonpecuniary losses; 18
(d) Reasonable attorneys' fees and costs; and 19
(e) Any other appropriate relief. 20
(10) Remedies available to a religious organization under this section against a person 21
not acting under color of state law shall be limited to declaratory and injunctive 22
relief. 23
(11) This section: 24
(a) Shall be construed in favor of a broad protection of free exercise of religion; 25
(b) Shall be in addition to the protections provided under state and federal laws 26
and constitutions; 27
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(c) [. Nothing in this section ]Shall not be construed to: 1
1. Preempt o r repeal any state law or local ordinance that is equally or 2
more protective of free exercise of religion; or 3
2. Narrow the meaning or application of any state law or local ordinance 4
protecting free exercise of religion; and 5
(d)[(c)] Applies to, and in cases of conflict, supersedes: 6
1. Each statute of the Commonwealth that infringes upon the free exercise 7
of religion protected by this section [,] unless a conflicting statute is 8
expressly made exempt from the application of this section; and 9
2. Any ordinance, rule, administrative regulation, order, opinion, decision, 10
practice, or other exercise of a governmental entity's authority that 11
infringes upon the free exercise of religion protected by this section. 12
(12) A religious organization shall bring an action to assert a claim under this section no 13
later than two (2) years from the date the person knew or should have known that a 14
discriminatory action or other violation of this section was taken against that 15
religious organization. 16
Section 9. KRS 39A.295 is amended to read as follows: 17
(1) [Nothing in KRS 39A.100, 39A.110, 39A.120, 39A.130, or 39A.140, or any other 18
provision of ]This chapter[,] shall not authorize [a taking of property or ] the taking 19
of any action which is in violation of KRS 237.102 or 237.104. 20
(2) If a person is relocated to temporary housing before, during, or after a disaster or 21
emergency, he or she shall still possess the rights guaranteed by KRS 237.102 and 22
237.104. 23
Section 10. KRS 45A.045 is amended to read as follows: 24
(1) The Finance and Administration Cabinet shall serve as the central procurement and 25
contracting agency of the Commonwealth and shall:[.] 26
(a) [The cabinet shall ] Require all agencies to furnish an estimate of specific 27
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needs for supplies, materials, and equipment to be purchased by competitive 1
bidding for the purpose of permitting scheduling of purchasing in large 2
volume. The cabinet shall establish and enforce schedule s for purchasing 3
supplies, materials, and equipment. [In addition, ] Prior to the beginning of 4
each fiscal year , all agencies shall submit to the Finance and Administration 5
Cabinet an estimate of all needs for supplies, materials, and equipment during 6
that year which will [have to ]be required through competitive bidding;[.] 7
(b) [The Finance and Administration Cabinet shall ] Have power, with the 8
approval of the secretary of the Finance and Administration Cabinet, to 9
transfer between departments, to salvage, and to exchange, [and to condemn 10
]supplies, equipment, and real property; and[.] 11
(c) [The Finance and Administration Cabi net shall attempt in every practicable 12
way to ] Ensure that state agencies are fulfilling their business needs through 13
the application of the best value criteria. 14
(2) The Finance and Administration Cabinet shall recommend regulations, rules, and 15
procedures and shall have supervision over all purchases by the various spending 16
agencies, except as otherwise provided by law, and, subject to the approval of the 17
secretary of the Finance and Administration Cabinet, shall promulgate 18
administrative regulations in acc ordance with KRS Chapter 13A to govern 19
purchasing by or for all these agencies. The cabinet shall publish a manual of 20
procedures which shall be incorporated by reference as an administrative regulation 21
pursuant to KRS Chapter 13A. This manual shall be dist ributed to agencies and 22
shall be revised upon issuance of amendments to these procedures. A[No] purchase 23
or contract shall not be binding on the state or any state agency [thereof ] unless 24
approved by the Finance and Administration Cabinet or made under gen eral 25
administrative regulations promulgated by the cabinet. 26
(3) The Finance and Administration Cabinet shall purchase or otherwise acquire, or, 27
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with the approval of the secretary, may delegate and control the purchase and 1
acquisition of the combined requir ements of all spending agencies of the state, 2
including[,] but not limited to [,] interests in real property, contractual services, 3
rentals of all types, supplies, materials, equipment, and services. 4
(4) The Finance and Administration Cabinet shall sell, tr ade, or otherwise dispose of 5
any interest in real property of the state which is not needed, or has become 6
unsuitable for public use, or would be more suitable to the public's interest if used 7
in another manner, as determined by the secretary of the Financ e and 8
Administration Cabinet. The determination of the secretary of the Finance and 9
Administration Cabinet shall be set forth in an order and shall be reached only after 10
review of a written request by the agency desiring to dispose of the property. This 11
request shall describe the property and state the reasons why the agency believes 12
the property should be disposed. All instruments required by law to be recorded 13
which convey any interest in any real property so disposed of shall be executed and 14
signed by the secretary of the Finance and Administration Cabinet and approved by 15
the Governor. Unless the secretary of the Finance and Administration Cabinet 16
deems it in the best interest of the state to proceed otherwise, all interests in real 17
property shall be sold either by invitation of sealed bids or by public auction. The 18
selling price of any interest in real property shall not be less than its[the] appraised 19
value [thereof ]as determined by the cabinet[,] or the Transportation Cabinet for the 20
requirements of that cabinet. 21
(5) The Finance and Administration Cabinet shall sell, trade, or otherwise dispose of all 22
personal property of the state that is not needed, [or ] has become unsuitable for 23
public use, or would be more suitable to the public's interest if used i n another 24
manner, or, with the approval of the secretary, may delegate the sale, trade, or other 25
disposal of the personal property. In the event the authority is delegated, the method 26
for disposal shall be determined by the agency head, in accordance with 27
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administrative regulations promulgated by the Finance and Administration Cabinet 1
in accordance with KRS Chapter 13A , and shall be set forth in a document 2
describing the property an d stating the method of disposal and the reasons why the 3
agency believes the property should be disposed of. In the event the authority is not 4
delegated, requests to the Finance and Administration Cabinet to sell, trade, or 5
otherwise dispose of the propert y shall describe the property and state the reasons 6
why the agency believes the property should be disposed of. The method for 7
disposal shall be determined by the Division of Surplus Properties [,] and approved 8
by the secretary of the Finance and Administration Cabinet or his or her designee. 9
(6) The Finance and Administration Cabinet shall exercise general supervision and 10
control over all warehouses, storerooms, and stores and of all inventories of 11
supplies, services, and construction belonging to the Commo nwealth. The cabinet 12
shall promulgate administrative regulations in accordance with KRS Chapter 13A 13
to require agencies to take and maintain inventories of plant property, buildings, 14
structures, other fixed assets, and equipment. The cabinet shall conduct periodic 15
physical audits of inventories. 16
(7) The Finance and Administration Cabinet shall establish and maintain programs for 17
the development and use of purchasing specifications and for the inspection, 18
testing, and acceptance of supplies, services, and construction. 19
(8) [Nothing in ]This section shall not prevent the Finance and Administration Cabinet 20
from negotiating with vendors who maintain a General Services Administration 21
price agreement with the United States of America or any of its agencies [agency 22
thereof]. A[No] contract executed under this section[provision] shall not authorize a 23
price higher than is contained in the contract between the General Services 24
Administration and the vendor affected. 25
(9) Except as provided in KRS Chapters 175, 176, 177, and 180, and subject to the 26
provisions of this code, the Finance and Administration Cabinet shall purchase or 27
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otherwise acquire all real property determined to be needed for state use, upon 1
approval of the secretary of the Finance and Administration Cabine t as to the 2
determination of need and as to the action of purchase or other acquisition. The 3
amount paid for this real property shall not exceed the appraised value as 4
determined by the cabinet or the Transportation Cabinet [(]for the[such] 5
requirements of that cabinet [), or the value set by eminent domain procedure] . 6
Subject to the provisions of this code, real property or any interest in real 7
property[therein] may be purchased, leased, or otherwise acquired from any officer 8
or employee of any agency of th e state upon a finding by the Finance and 9
Administration Cabinet, based upon a written application by the head of the agency 10
requesting the purchase, and approved by the secretary of the Finance and 11
Administration Cabinet and the Governor, that the employe e has not either himself 12
or herself, or through any other person, influenced or attempted to influence either 13
the agency requesting the acquisition of the property or the Finance and 14
Administration Cabinet in connection with the[such] acquisition. Whenever such an 15
acquisition is consummated, the request and finding shall be recorded and kept by 16
the Secretary of State along with the other documents recorded pursuant to [the 17
provisions of ]KRS Chapter 56. 18
(10) The Finance and Administration Cabinet shall maintain records of all purchases and 19
sales made under its authority and shall make periodic summary reports of all 20
transactions to the secretary of the Finance and Administration Cabinet, the 21
Governor, and the General Assembly. The Finance and Administration Cabinet 22
shall also report trends in costs and prices, including savings realized through 23
improved practices, to the above authorities. The Finance and Administration 24
Cabinet shall also compile an annual report of state purchases by all spending 25
agencies in the state's statewide accounting and reporting system. The report format 26
shall include, but not be limited to, dollar amount, volume, type of purchase, and 27
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vendor. 1
(11) For capital construction projects, subject to the provisions of this code and KRS 2
45A.180, the procurement may be on whichever of the following alternative project 3
delivery methods, in the judgment of the secretary of the Finance and 4
Administration Cabinet after first considering the traditional design -bid-build 5
project delivery method, offers the best value to the taxpayer: 6
(a) A design-build basis; or 7
(b) A construction management-at-risk basis. 8
Proposals shall be reviewed by the engineering staff to assure quality and value, and 9
compliance with procurement procedures. All specifications shall be written to 10
promote competition. [Nothing in ] This section shall not prohibit the procurement 11
of phased bidding or construction manager-agency services. 12
(12) The Finance and Administration Cabinet shall have control and supervision over all 13
purchases of energy -consuming equipment, supplies, and related equipment 14
purchased or acquired by any agency of the state as provided in this code, and shall 15
promulgate administrative regulations in accordance with KRS Chapter 13A to 16
designate the manner in which an energy-consuming item will be purchased so as to 17
promote energy conservation and acquisition of energy efficient products. Major 18
energy components shall be amortized on a seven (7) to ten (10) years' recovery 19
basis and shall take into consideration the projected cost of fuel. The Finance and 20
Administration Cabinet, in consultation with the Cabinet for Economic 21
Development, shall conduct a thorough economic feasibility analysis on any major 22
energy-using component of at least three million (3,000,000) BTU 's per hour heat 23
input and shall issue a certificate of economic feasibility prior to the Finance and 24
Administration Cabinet's purchasing or retrofitting any such component that utilizes 25
any fuel other than coal. The economic feasibility analysis shall consist of life-cycle 26
cost comparisons of a component that would utilize coal and components[one(s)] 27
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that would utilize any fuel other than coal. For the analysis, the Finance and 1
Administration Cabinet shall provide detailed estimates of equipment purchase 2
price, installation cost, annual operation and maintenance costs, and usage patterns 3
of energy-using components. 4
Section 11. KRS 56.463 is amended to read as follows: 5
The cabinet shall have the power and duty to: 6
(1) [To ]Determine the comparative needs and demands of the various state agencies 7
for acquiring real estate and for building projects; 8
(2) [To ]Purchase or otherwise acquire all real property determined to be needed for 9
state use and upon the approval of the secr etary of the Finance and Administration 10
Cabinet as to the determination of need and as to the action of purchase or other 11
acquisition, except as provided in KRS Chapters 175, 176, 177, and 180. All [such 12
]acquisitions of real property or interests in real property under this 13
subsection[therein] shall be made in accordance with KRS 45A.045; 14
(3) [To ] Sell or otherwise dispose of all property, including any interest in real 15
property, of the state that is not needed or has become unsuitable for public use or 16
would be more suitable consistent with the public interest for some other use as 17
determined by th e secretary of the Finance and Administration Cabinet. All [such 18
]sales or other dispositions under this subsection [disposition] shall be made in 19
accordance with KRS 45A.045; 20
(4) (a) [To ] Control the use of any real property owned or otherwise held by the 21
Commonwealth, or any state agency, and to determine for what periods of 22
time and for what purposes any state agency may use the real property[same], 23
including the agency for whose use it was initially acquired or improved, and 24
to determine what appropriate uses shall be made of the[such] real property 25
during periods that the cabinet finds the property[same] is not required for the 26
purposes of any particular state agency. The cabinet shall allocate to the 27
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General Assembly and the Legislative Research Commiss ion all space within 1
the New State Capitol Annex in the basement and on the first, second, third, 2
and fourth floors, excluding: 3
1. Mechanical areas, public entrances, vestibules, and restrooms; and 4
2. The following additional space, as allocated on January 1, 2023: 5
a. Areas in the basement occupied by the Kentucky State Police and 6
Facilities Security; 7
b. Areas in the basement operated as the snack bar and cafeteria, as 8
well as storage areas related to the operation of the snack bar and 9
cafeteria; 10
c. The area in the basement operated as a nurse's station; 11
d. The area in the basement used as an automated tel ler machine 12
(ATM); 13
e. The office space in the basement occupied by the Secretary of 14
State; 15
f. Utility spaces in the basement west wing and east wing 16
northernmost hallways occupied by janitorial, maintenance, and 17
mechanical staff; 18
g. The loading dock in the rear of the annex basement, along with the 19
office space immediately adjacent to the loading dock on the back 20
wall of the annex, provided that the General Assembly and the 21
Legislative Research Commission shall be given access to and use 22
of the loading dock and the receiving areas adjacent to the loading 23
dock; and 24
h. Office and studio space on the first floor currently occupied and 25
used for broadcasting purposes by Kentucky Educational 26
Television. 27
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All space assigned to the legislative branch and plans, uses , furnishings, and 1
equipment for the space [therefor] are subject to the specific approval of the 2
Legislative Research Commission; 3
(b) All additional space in the New State Capitol Annex [,] not specifically 4
allocated for use by the General Assembly and the Legislative Research 5
Commission in paragraph (a) of this subsection [,] shall be allocated for the 6
use of the legislative branch, with occupancy by the legislative branch to be 7
determined by the Legislative Research Commission [,] upon a vote of a 8
majority of the entire membership of the Legislative Research Commission; 9
(c) In order for the General Assembly and the Legislative Research Commission 10
to efficiently utilize the space provided by paragraphs (a) and (b) of this 11
subsection, the cabinet shall enter in to a memorandum of understanding with 12
the Legislative Research Commission on or about February 1, 2024, and as 13
often as every two (2) years thereafter at the request of the Legislative 14
Research Commission, to establish tenancy terms, including but not limi ted to 15
building maintenance, repairs, renovations, and upgrades; facility security; 16
janitorial services; and applicable rental and utilities rates. The Legislative 17
Research Commission shall at any time, and upon at least sixty (60) days' 18
notice, be authori zed to discontinue the cabinet's provision of janitorial 19
services for the New State Capitol Annex and to enter into a separate contract 20
for the provision of those services, with the applicable rental and utilities rates 21
to be proportionately reduced to ref lect that separate contract, provided that 22
the Legislative Research Commission may also at any time, and upon at least 23
sixty (60) days' notice, elect to have the cabinet continue or reinstate the 24
provision of those janitorial services at the cabinet's expense; and 25
(d) For the purposes of this subsection, real property shall include the parking 26
areas adjacent to the New State Capitol and the New State Capitol Annex, and 27
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the cabinet shall allocate to the General Assembly and the Legislative 1
Research Commission all parking spaces within the Capitol campus parking 2
garage, all parking spaces in the east, south, and west parking lots of the New 3
State Capitol Annex, and all parking spaces in the west parking lot of the New 4
State Capitol, except for those spaces in the west parking lot of the New State 5
Capitol allocated, as of January 1, 2023, to the Supreme Court of Kentucky, 6
the Lieutenant Governor, the Attorney General, and the Secretary of State. 7
Any further allocation of any parking spaces allocated pursuant to this 8
paragraph shall be within the sole discretion of the Legislative Research 9
Commission or its designee;[ and] 10
(5)[(e)] [To ] Determine the housing and furnishings needs of the various state 11
agencies located in Frankfort and to establish and put into effe ct a permanent 12
program for housing them. Subject to subsection (4)(a) and (b) of this 13
section[paragraphs (a) and (b) of this subsection] , the cabinet is also authorized and 14
directed to allocate office space and furnishings in existing public buildings loca ted 15
in Frankfort, exclusive of the third and fourth floors of the New State Capitol and 16
the space in the New State Capitol Annex allocated to the legislative branch, 17
according to the needs of the various agencies. When necessary, the cabinet is 18
authorized to provide additional office space and furnishings in Frankfort under any 19
building program the cabinet deems most advisable and economical for the state. 20
The permanent housing program shall include provisions for housing the General 21
Assembly and its related agencies, including the Legislative Research Commission, 22
and its subcommittees, the executive offices, the Supreme Court and the clerk of the 23
Supreme Court, the Department of Law and the law library, in the New State 24
Capitol, provided the General Assembl y and the Legislative Research Commission 25
shall have complete control and exclusive use of the third and fourth floors of the 26
New State Capitol and shall have exclusive use of the space in the New State 27
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Capitol Annex allocated to them under subsection (4)( a) and (b) of this 1
section[paragraphs (a) and (b) of this subsection]. [If there be ]Any additional space 2
in the Capitol [, it] shall be assigned to agencies whose activities are most closely 3
related to the agencies directed to be located permanently in the Capitol; 4
(6)[(5)] [To acquire, by condemnation in the manner provided in the Eminent Domain 5
Act of Kentucky, any real estate necessary for use by the state or by any state 6
agency, when the cabinet is unable to agree with the owner thereof on a price for 7
such real estate; 8
(6) To ]Lease any real property[,] or any interest in [such ]real property[,] owned by the 9
state or any state agency [thereof, ]in accordance with KRS 45A.045; 10
(7) [To ]Provide for and adopt plans and specifications as may be necessary, to provide 11
adequate public notice for and receive bids for any expenditures proposed to be 12
made, to award contracts for the purpose authorized, to supervise construction and 13
make changes and revisions in plans and specifications or in construction as may 14
become necessary, and generally to do any thing [and all other things as may 15
become necessary ] or expedient in order to effectively fulfill and carry out the 16
purposes of this chapter, including the right to employ clerks, engineers, 17
statisticians, architects, or other persons required to be employed in order to fulfill 18
the functions of the Commonwealth relating to state property and buildings 19
[provided ]in KRS 56.450 to 56.550; and 20
(8) [To ] Adopt rules and promulgate administrative regulations in accordance wi th 21
KRS Chapter 13A as may be necessary to govern the acquisition, control, and 22
disposition of the real property to which this section is applicable. 23
Section 12. KRS 58.010 is amended to read as follows: 24
As used in KRS 58.010 to 58.130[58.140], unless the context requires otherwise: 25
(1) "Governmental agency" means the Commonwealth of Kentucky as such acting 26
by or through any of its departments, instrumentalitie s, or agencies, any county 27
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or city, or its agencies or instrumentalities, including a regional wastewater 1
commission established under KRS 65.8901 to 65.8923, or any other political 2
subdivision of the Commonwealth; and 3
(2)[(1)] "Public project": 4
(a) Means any lands, buildings, or structures, works or facilities: 5
1.[(a)] Suitable for and intended for use as public property for public 6
purposes or suitable for and intended for use in the promotion of the 7
public health, public welfare , or the conservation of n atural resources, 8
including medical office buildings contiguous to hospital facilities, and 9
shall also include the planning of any such lands, buildings, structures, 10
works, or facilities; or 11
2.[(b)] Suitable for and intended for use for the purpose of cre ating or 12
increasing the public recreational, cultural, and related business facilities 13
of a community, including [such structures as ] concert halls, museums, 14
stadiums, theaters, and other public facilities, together with related and 15
appurtenant parking gar ages, offices, and office buildings for rental , in 16
whole or in part , to private tenants, dwelling units and apartment 17
buildings for rental in whole or in part to private tenants, commercial 18
and retail businesses, stores or other establishments, and any [structure 19
or structures or] combination of those[the foregoing], or other structures 20
having as their primary purpose the creation, improvement, 21
revitalization, renewal , or modernization of a central business or 22
shopping community, and shall also include exis ting lands, buildings, 23
structures, works, and facilities, as well as improvements or additions to 24
those[any such] lands, buildings, structures, works, or facilities; and[.] 25
(b) Includes[(2) "Public project" as defined herein shall include] projects 26
intended for use as public property for public purposes by another 27
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governmental agency, including the United States government, other than the 1
governmental agency acquiring the land or constructing the building, 2
structure, or facility. 3
[(3) "Governmental agency" means the Commonwealth of Kentucky as such acting by 4
or through any department, instrumentality or agency thereof, or any county, city, 5
agency, or instrumentality, including a regional wastewater commission established 6
under KRS 65.8901 to 65.8923, or othe r political subdivision of the 7
Commonwealth.] 8
Section 13. KRS 58.020 is amended to read as follows: 9
A governmental agency acting separately or jointly with one (1) or more 10
governmental[of any such] agency, may acquire, construct, maintain, add to, and 11
improve any public project as defined in KRS 58.010, which public project may be 12
located within or without or partly within and partly without the territorial limits of 13
the[such] governmental agency or agencies, and for the purpose of defraying the cost 14
thereof may borrow money and issue negotiable revenue bonds. Before any department 15
or agency of the state government shall borrow money and issue bonds under KRS 16
58.010 to 58.130[58.140], the head of the department or agency shall file with the 17
Secretary of State a written order[,] approved by the Governor, the Attorney General, and 18
the secretary of the Finance and Administration Cabinet, setting forth the proposed public 19
project, the amount of the bonds to be issued, and the maximum rate of interest the bonds 20
are to bear. Any governmental agency other than agencies of the state government may 21
borrow money and issue revenue bonds under KRS 58.010 to 58.130[58.140] pursuant to 22
an order, resolution, or ordin ance of its legislative or administrative body, which order, 23
resolution, or ordinance shall set forth the proposed public project, the amount of the 24
revenue bonds to be issued, and the maximum rate of interest. In every instance the order, 25
resolution, or o rdinance shall provide that the public project is being undertaken under 26
[the provisions of ]KRS 58.010 to 58.130[58.140]. 27
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Section 14. KRS 58.030 is amended to read as follows: 1
(1) The bonds may be issued to bear interes t at the rate or rates or method of 2
determining rates, payable at least annually, and shall be executed in a[such] 3
manner, and be payable at [such ]times not exceeding forty (40) years from the date 4
of issuance [thereof] and at a[such] place or places as th e governmental agency 5
determines. 6
(2) The bonds may provide that they or any of them may be called for redemption prior 7
to maturity, on any date not earlier than one (1) year from the date of issuance of 8
the bonds, under conditions fixed by the governmenta l agency before issuing the 9
bonds. 10
(3) Any governmental agency is authorized to rent , [or ]lease , or establish a contract 11
regarding a [such] public project or any portion of the project [thereof] to or 12
[contract concerning same ] with any persons, partnershi ps, associations, or 13
corporations either public or private, profit or nonprofit. Notwithstanding [any of 14
the other provisions of ]KRS 58.010 to 58.130[58.140] or any other laws, any [such 15
]renting, leasing, or contracting under this subsection may be accom plished 16
without the necessity of awarding the[such] lease or contract by advertisement or 17
competitive bidding if[, provided] the governmental agency [so ] leasing or 18
contracting regarding the [such] project or any portion of the project [thereof or 19
contracting concerning same] first makes a legislative determination that it is in the 20
best interest of the[such] governmental agency to enter into the[such] lease or 21
contract without the necessity for [such ]advertisement or competitive biddin g; and 22
the[such] lease may provide that the lessee [therein ] is permitted or obligated to 23
sublease the project or any portion of the project [thereof] for the purpose of 24
accomplishing the creation, improvement, revitalization, renewal , or modernization 25
of a central business or shopping community. 26
(4) A governmental agency is empowered to accept donations or gifts to the public 27
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project from any source and to accept appropriations and grants to the public 1
project from the federal government or its agencies and appropriations from the 2
state or any county, city, or other political subdivision and, at the option of the 3
governmental agency, to pledge the[such] donations, gifts, or appropriations to the 4
payment of revenue bonds issued to finance the cost of a public project. 5
Section 15. KRS 58.040 is amended to read as follows: 6
(1) Bonds issued pursuant to KRS 58.010 to 58.130[58.140] shall be negotiable and 7
shall not be subject to taxation. 8
(2) If any officer whose signature or co untersignature appears on the bonds or coupons 9
ceases to be an officer before delivery of the bonds, the officer's signature or 10
countersignature shall be valid and sufficient for all purposes as if the officer had 11
remained in office until delivery. 12
(3) The bonds shall be sold in a manner and upon the terms as the governmental agency 13
determines and as provided in KRS 424.360. Any contract for the acquisition of a 14
public project may provide that payment shall be made in bonds. 15
(4) The bonds shall be payable s olely from the revenue derived from the public project 16
and shall not constitute an indebtedness of the state, county, city, or political 17
subdivision within the meaning of the Constitution. 18
(5) It shall be plainly stated on the face of each bond that the bo nd has been issued 19
under [the provisions of ]KRS 58.010 to 58.130[58.140] and that the bond does not 20
constitute an indebtedness of the governmental agency within the meaning of the 21
Constitution. 22
Section 16. KRS 58.060 is amended to read as follows: 23
(1) If there is any default in the payment of principal or interest of any bond, any court 24
having jurisdiction of the action may appoint a receiver to administer the public 25
project on behalf of the governmental agency, with pow er to charge and collect 26
rents, royalties, fees, rates , and charges and to receive any other available revenue 27
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sufficient to provide for the payment of any bonds or obligations outstanding 1
against the public project, and for the payment of operating expens es, and to apply 2
the income and revenue in conformity with KRS 58.010 to 58.130[58.140] and the 3
order, resolution, or ordinance referred to in KRS 58.020. 4
(2) Notwithstanding [any of the other provisions of ] KRS 58.010 to 58.130[58.140], 5
inclusive, it may be provided in the proceedings authorizing bonds issued for the 6
purpose of financing a project under subsection (2)(a)2. of KRS 58.010[(1)(b)], as 7
amended, that the governmental agency, in connection with the issuance of its 8
bonds, execute a mortgage deed of trust in favor of a trustee, on the project acquired 9
or constructed through the application of the proceeds of the bonds, providing that 10
in the event of default by the agency in the payment of interest or principal of its 11
bonds or in the event of default of any other covenant contained in the[such] 12
mortgage deed of trust the trustee, on behalf of the bondholders, may institute and 13
carry through foreclosure proceedings, with the property secured by the mortgage 14
deed of trust put up for sale on foreclosure proceedings, the proceeds of the[such] 15
sale to be used for the benefit of the bondholders. In connection with the[such] plan 16
of financing, [such ]provisions may be inserted in the bonds themselves and in the 17
mortgage deed of trust as m ay be necessary to protect the bondholders and in order 18
to make the[such] bonds salable with the lowest net interest cost to the agency. If 19
the agency declares its intent by ordinance or resolution to follow the provisions of 20
this section, and in doing so determines it cannot comply with any provision of 21
KRS 58.010 to 58.130[58.140], as that[such] provision is inconsistent with the 22
provisions of this section, the agency is not required to comply with the inconsistent 23
provision of KRS 58.010 to 58.130[58.140]. 24
Section 17. KRS 58.100 is amended to read as follows: 25
The governmental agency may issue new bonds to provide funds for the payment of any 26
outstanding bonds, in accordance with the procedure prescribed by KRS 58.010 to 27
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58.130[58.140]. The new bonds shall be secured to the same extent and shall have the 1
same source of payment as the bonds refunded. Furthermore, the maturity schedule of the 2
new bonds shall not extend beyond the remaining life of the original bonds unless the 3
original bonds were issued by a county, urban -county, city, or an agency or 4
instrumentality of a county, urban-county, or city. 5
Section 18. KRS 58.120 is amended to read as follows: 6
Any governmental agency acquiring any public project pursuant to [the provisions of 7
]KRS 58.010 to 58.130[58.140] may, at the time of issuing the bonds for the[such] 8
acquisition, provide for additional bonds for extensions and permanent improvements to 9
be placed in escrow and to be negotia ted [from time to time ]as proceeds for that purpose 10
may be necessary. Bonds placed in escrow shall, when negotiated, have equal standing 11
with bonds of the same issue. 12
Section 19. KRS 58.130 is amended to read as follows: 13
Any governmental agency may use, for the purpose of acquiring, constructing, 14
maintaining, extending, or improving a public project, or for the payment of interest or 15
principal on any revenue bonds issued by the agency pursuant to KRS 58.010 to 16
58.130[58.140], any funds or tax revenues available for general purposes of the agency 17
and not required by law to be devoted to some other purpose. 18
Section 20. KRS 58.605 is amended to read as follows: 19
(1) Subject to the reporting and approval requirements in KRS 45A.352, 45A.353, and 20
58.610, any local public agency may issue energy conservation revenue bonds to 21
pay for the cost of energy conservation measure s under guaranteed energy savings 22
contracts for the purpose of reducing the cost of energy to buildings owned or 23
operated by the local public agency by making energy -saving improvements to 24
these buildings. 25
(2) A local public agency, or an agency acting on its behalf, may issue energy 26
conservation revenue bonds to finance the energy conservation measures under 27
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guaranteed energy savings contracts, with the following limitations: 1
(a) Any energy conservation measure, financed through bonds, shall comply with 2
[the provisions set forth in ]KRS 45A.345, 45A.352, and 45A.353; 3
(b) The term of the bonds shall run coterminous with the term of guaranteed 4
energy savings contract; 5
(c) A local public agency shall not enter into a guaranteed energy savings 6
contract where the total cost of the energy conservation measures exceeds the 7
cost of the energy savings plus the operational costs plus the capital cost 8
avoidance that is estimated for the term of the guaranteed energy savings 9
contract commencing from the date of the energy conservation measure's 10
installation; and 11
(d) The use of capital cost avoidance shall be subject to the following restrictions: 12
1. The amount expended shall not exceed fifty percent (50%) of the project 13
cost; and 14
2. Capital cost avoidance shall be restricted to payment for permanent 15
equipment replacement as follows: 16
a. Storm windows or doors, multiglazed windows or doors, 17
additional glazing, and reduction in glass area; 18
b. Replacement of heating, ventilating, or air conditioning major 19
components or systems; 20
c. New lighting fixtures where required to achieve Illuminating 21
Engineering Society of North America (IES) standards, provided 22
the existing light fixtures shall have been determined to be 23
obsolete and incapable of achieving IES standards; and 24
d. Life safety system replacements or upgrades which shall have 25
been determined to be necessary to conform with existing state 26
and local codes and standards. 27
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(3) Energy conservat ion revenue bonds shall be issued in accordance with [the 1
provisions of ]KRS 58.010 to 58.130[58.140] and shall be sold at a competitive sale 2
preceded by adequate public notice and shall bear interest at an interest rate or rates 3
determined by the local public agency at the time of the sale. 4
Section 21. KRS 61.878 is amended to read as follows: 5
(1) The following public records are excluded from the application of KRS 61.870 to 6
61.884 and shall be subject to inspection onl y upon order of a court of competent 7
jurisdiction, except that a[no] court shall not authorize the inspection by any party 8
of any materials pertaining to civil litigation beyond that which is provided by the 9
Rules of Civil Procedure governing pretrial discovery: 10
(a) Public records containing information of a personal nature where [the ]public 11
disclosure [thereof ] would constitute a clearly unwarranted invasion of 12
personal privacy; 13
(b) Records confidentially disclosed to an agency and compiled and maintained 14
for scientific research , unless [. This exemption shall not, however, apply to 15
records] the disclosure or publication [of which ]is directed by another statute; 16
(c) 1. Records confidentially disclosed to an agency or required by an agency 17
to be disclosed to it, generally recognized as confidential or proprietary, 18
which if openly disclosed would permit an unfair commercial advantage 19
to competitors of the entity that disclosed the records; or 20
2. Records confidentially disclosed to an agency or required by an agency 21
to be disclosed to it, generally recognized as confidential or proprietary, 22
which are compiled and maintained: 23
a. In conjunction with an application for or the administration of a 24
loan or grant; 25
b. In conjunction with an application for or the admin istration of 26
assessments, incentives, inducements, and tax credits as described 27
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in KRS Chapter 154; 1
c. In conjunction with the regulation of commercial enterprise, 2
including mineral exploration records, unpatented, secret 3
commercially valuable plans, appli ances, formulae, or processes, 4
which are used for the making, preparing, compounding, treating, 5
or processing of articles or materials which are trade commodities 6
obtained from a person; or 7
d. For the grant or review of a license to do business. 8
3. The exe mptions [provided for ] in subparagraphs 1. and 2. of this 9
paragraph shall not apply to records the disclosure or publication of 10
which is directed by another statute; 11
(d) Public records pertaining to a prospective location of a business or industry 12
where no previous public disclosure has been made of the business' or 13
industry's interest in locating in, relocating within , or expanding within the 14
Commonwealth. This exemption shall not include those records pertaining to 15
application to agencies for permits or l icenses necessary to do business or to 16
expand business operations within the state, except as provided in paragraph 17
(c) of this subsection; 18
(e) Public records [which are ] developed by an agency in conjunction with the 19
regulation or supervision of financial institutions, including but not limited to 20
banks, savings and loan associations, and credit unions, which disclose the 21
agency's internal examining or audit criteria and related analytical methods; 22
(f) The contents of real estate appraisals, engineering or feasibility estimates, and 23
evaluations made by or for a public agency relative to acquisition of property, 24
until [such time as ]all of the property has been acquired[. The law of eminent 25
domain shall not be affected by this provision]; 26
(g) Test questions, scoring keys, and other examination data used to administer a 27
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licensing examination, examination for employment, or academic 1
examination before the exam is given or if it is to be given again; 2
(h) Records of law enforcement agencies or agencies involved i n administrative 3
adjudication that were compiled in the process of detecting and investigating 4
statutory or regulatory violations if the disclosure of the information could 5
pose an articulable risk of harm to the agency or its investigation by revealing 6
the identity of informants or witnesses not otherwise known or by premature 7
release of information to be used in a prospective law enforcement action or 8
administrative adjudication. Unless exempted by other provisions of KRS 9
61.870 to 61.884, public records exempted under this paragraph[provision] 10
shall be open after enforcement action is completed or a decision is made to 11
take no action; however, records or information compiled and maintained by 12
county attorneys or Commonwealth's attorneys pertaining to crim inal 13
investigations or criminal litigation shall be exempted from [the provisions of 14
]KRS 61.870 to 61.884 and shall remain exempted after enforcement action, 15
including litigation, is completed or a decision is made to take no action. The 16
exemptions in[provided by] this subsection shall not be used by the custodian 17
of the records to delay or impede the exercise of rights granted by KRS 18
61.870 to 61.884; 19
(i) Preliminary drafts, notes, correspondence with private individuals, other than 20
correspondence [which is ] intended to give notice of final action of a public 21
agency; 22
(j) Preliminary recommendations [,] and preliminary memoranda in which 23
opinions are expressed or policies formulated or recommended; 24
(k) All public records or information the disclosure of which is prohibited by 25
federal law or regulation or state law; 26
(l) Public records or information the disclosure of which is prohibited or 27
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restricted or otherwi se made confidential by enactment of the General 1
Assembly, including any information acquired by the Department of Revenue 2
in tax administration that is prohibited from divulgence or disclosure under 3
KRS 131.190; 4
(m) 1. Public records the disclosure of whi ch would have a reasonable 5
likelihood of threatening the public safety by exposing a vulnerability in 6
preventing, protecting against, mitigating, or responding to a terrorist act 7
and limited to: 8
a. Criticality lists resulting from consequence assessments; 9
b. Vulnerability assessments; 10
c. Antiterrorism protective measures and plans; 11
d. Counterterrorism measures and plans; 12
e. Security and response needs assessments; 13
f. Infrastructure records that expose a vulnerability referred to in this 14
subparagraph through the disclosure of the location, configuration, 15
or security of critical systems, including public utility critical 16
systems. These critical systems shall include but not be limited to 17
information technology, communication, electrical, fire 18
suppression, vent ilation, water, wastewater, sewage, and gas 19
systems; 20
g. The following records when their disclosure will expose a 21
vulnerability referred to in this subparagraph: detailed drawings, 22
schematics, maps, or specifications of structural elements, floor 23
plans, and operating, utility, or security systems of any building or 24
facility owned, occupied, leased, or maintained by a public 25
agency; and 26
h. Records when their disclosure will expose a vulnerability referred 27
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to in this subparagraph and that describe the exact p hysical 1
location of hazardous chemical, radiological, or biological 2
materials. 3
2. As used in this paragraph, "terrorist act" means a criminal act intended 4
to: 5
a. Intimidate or coerce a public agency or all or part of the civilian 6
population; 7
b. Disrupt a system identified in subparagraph 1.f. of this paragraph; 8
or 9
c. Cause massive destruction to a building or facility owned, 10
occupied, leased, or maintained by a public agency. 11
3. On the same day that a public agency denies a request to inspect a public 12
record for a reason identified in this paragraph, that public agency shall 13
forward a copy of the written denial of the request, referred to in KRS 14
61.880(1), to the executive director of the Kentucky Office of Homeland 15
Security and the Attorney General. 16
4. [Nothing in ] This paragraph shall not affect the obligations of a public 17
agency with respect to disclosure and availability of public records 18
under state environmental, health, and safety programs. 19
5. The exemption established in this paragraph shall not apply when a 20
member of the Kentucky General Assembly seeks to inspect a public 21
record identified in this paragraph under the Open Records Law; 22
(n) Public or private records, including books, papers, maps, photographs, cards, 23
tapes, discs, diskettes, recordings, software, or other documentation regardless 24
of physical form or characteristics, having historic, literary, artistic, or 25
commemorative value accepted by the archivist of a public university, 26
museum, or government depository from a donor or depositor other than a 27
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public agency. This exemption shall apply to the extent that nondisclosure is 1
requested in writing by the donor or deposi tor of the[such] records, but shall 2
not apply to records the disclosure or publication of which is mandated by 3
another statute or by federal law; 4
(o) Records of a procurement process under KRS Chapter 45A or 56. This 5
exemption shall not apply after: 6
1. A contract is awarded; or 7
2. The procurement process is canceled without award of a contract and 8
there is a determination that the contract will not be resolicited; 9
(p) Client and case files maintained by the Department of Public Advocacy or any 10
person or ent ity contracting with the Department of Public Advocacy for the 11
provision of legal representation under KRS Chapter 31; 12
(q) Except as provided in KRS 61.168, photographs or videos that depict the 13
death, killing, rape, or sexual assault of a person. However, such photographs 14
or videos shall be made available by the public agency to the requesting party 15
for viewing on the premises of the public agency, or a mutually agreed upon 16
location, at the request of:[;] 17
1. a. Any victim depicted in the photographs or videos, his or her 18
immediate family, or legal representative; 19
b. Any involved insurance company or its representative; or 20
c. The legal representative of any involved party; 21
2. Any state agency or political subdivis ion investigating official 22
misconduct; or 23
3. A legal representative for a person under investigation for, charged with, 24
pled guilty to, or found guilty of a crime related to the underlying 25
incident. The person under investigation for, charged with, pled gu ilty 26
to, or found guilty of a crime related to the underlying incident or their 27
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immediate family shall not be permitted to have access to the 1
photographs or videos; 2
(r) Records confidentially maintained by a law enforcement agency in 3
accordance with a well ness program, including an early intervention system, 4
as described in KRS 15.409; and 5
(s) Communications of a purely personal nature unrelated to any governmental 6
function. 7
(2) An[No] exemption in this section shall not be construed to prohibit disclosure of 8
statistical information not descriptive of any readily identifiable person. 9
(3) An[No] exemption in this section shall not be construed to deny, abridge, or impede 10
the right of a public agency employee, including a university employee[employees], 11
an applicant for employment, or an eligible on a register to inspect and to copy any 12
record including preliminary and other supporting documentation that relates to him 13
or her. The records shall include but not be limited to work plans, job performance, 14
demotions, evaluations, promotions, compensation, classification, reallocation, 15
transfers, lay -offs, disciplinary actions, examination scores, and preliminary and 16
other supporting documentation. A public agency employee, including a university 17
employee[employees], applicant, or eligible shall not have the right to inspect or to 18
copy any examination or any documents relating to ongoing criminal or 19
administrative investigations by an agency. 20
(4) If any public record contains material [which is ]not excepted under this section, the 21
public agency shall separate the excepted and make the nonexcepted material 22
available for examination. 23
(5) [The provisions of ]This section shall not[in no] way prohibit or limit the exchange 24
of public records or the sharing of information b etween public agencies when the 25
exchange is serving a legitimate governmental need or is necessary in the 26
performance of a legitimate government function. 27
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(6) When material is made available pursuant to a request under subsection (1)(q) of 1
this section, the public agency shall not be required to make a copy of the recording 2
except as provided in KRS 61.169, and the requesting parties shall not be limited in 3
the number of times they may view the material. 4
Section 22. KRS 65.112 is amended to read as follows: 5
(1) [The provisions of ] Any other law, rule, or regulation notwithstanding, if any city, 6
county, public body corporate or politic, or special district or subdistrict furnishes 7
or proposes to furnish sewage treatment uti lity services to customers of another 8
sewage treatment utility by means of all or any part of the installations owned or 9
paid for by that other sewage treatment utility, then the city, county, public body, 10
district, or subdistrict taking over or proposing to take over the customers shall pay 11
just compensation for these installations prior to the time the customers are taken 12
over.[ If an agreement for compensation is not reached, then just compensation for 13
the installations shall be payable by the city, coun ty, public body, district, or 14
subdistrict after condemnation as provided for in the Eminent Domain Act of 15
Kentucky.] 16
(2) [There is hereby granted to any city, county, public body corporate or politic, or 17
special district or subdistrict the power of eminent domain with respect to sewage 18
treatment plants, facilities, and installations owned by sewage treatment utilities. 19
This power of eminent domain shall be exercisable in the manner prescribed by the 20
Eminent Domain Act of Kentucky. 21
(3) ]Any city, county, pub lic body corporate or politic, or special district or subdistrict 22
shall be entitled to surcharge customers so as to recover the amount of 23
compensation paid for installations acquired under this section by agreement [ or 24
condemnation]. 25
Section 23. KRS 65.206 is amended to read as follows: 26
(1) (a) Pursuant to KRS 65.205 to 65.209, the governing body of a local government 27
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may establish a program to advance the conservation and efficient use of 1
energy and water resources withi n its jurisdiction, which program is hereby 2
declared to be a valid exercise of the powers of local government and is in the 3
best interest of the people of the Commonwealth, by allowing for energy 4
projects to be financed by assessments imposed upon the real property being 5
improved through the energy project. 6
(b) [Nothing in ]KRS 65.205 to 65.209 shall not be interpreted to [: 7
(a) Expand the powers of eminent domain for a local government, state agency, 8
or private entity or to allow a local government, state agency, or private entity 9
to use the powers of eminent domain under this program; or 10
(b) ]disregard or allow contravention of any net metering ordinance or policy, any 11
generator interconnection ordinance or policy, or any rate ordinance duly 12
adopted by the governing body. 13
(2) (a) To establish a program, the governing body of a local government shall adopt 14
a resolution or ordinance providing the terms and conditions of the program, 15
including but not limited to: 16
1. A statement that the local government intends to utilize assessments on 17
relevant real property to support private sector energy projects; 18
2. The designation of an EPAD [,] and a description of its[the] boundaries[ 19
thereof]; and 20
3. A procedure for the owners of record of real property located within an 21
EPAD to petition the local government for participation in the program. 22
(b) Once a program is established, the governing body of a local government may 23
amend the terms and conditions o f the program by resolution or ordinance; 24
except that no amendment shall be adopted to retroactively change the 25
conditions under which an existing assessment was imposed, unless the owner 26
of record of the affected real property consents to the amendment in writing. 27
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(c) A local government may: 1
1. Hire program staff[,] or contract with a third-party entity to administer a 2
program; 3
2. Impose fees on participating property owners to offset the costs of 4
administering the program, including assessment and collect ion 5
functions of various county offices; except that these fees shall not 6
exceed the cost of services performed; and 7
3. Engage financing for the purpose of administering the program from 8
financial institutions with a physical presence in Kentucky whose 9
deposits are insured by the Federal Deposit Insurance Corporation. 10
(d) Any combination of local governments may agree to jointly implement or 11
administer a program. 12
(3) (a) The geographic area designated by the governing body of a local government 13
as the EPAD: 14
1. May include the entire local government or any portion of the local 15
government[thereof]; and 16
2. Shall be wholly within the boundaries of the local government. 17
(b) A local government may designate more than one (1) separate EPAD within 18
its boundaries. 19
(4) An authorized official of a local government that has established a program may 20
approve a request from the owner of record of real property located within an 21
EPAD to impose an assessment upon the property, which shall be used to repay the 22
owner's financ ing of an energy project on that property and the costs of any 23
upgrades to the electrical or gas distribution system connected to that property 24
necessary to accommodate the energy improvement. The upgrade costs shall be 25
paid to the owner of the electrical distribution system. The financing may be 26
provided by a third party or, if authorized by the local government, by any local 27
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government. 1
(5) Each energy project approved for participation in the program shall include a 2
review of the property's baseline energy or water usage conditions and the energy or 3
water savings projected to be achieved as a result of the energy project. 4
(6) A program may authorize a participating property owner to: 5
(a) Directly purchase; or 6
(b) Acquire by contract, through a lease, powe r purchase agreement, or other 7
service contract; 8
the equipment and materials necessary for the installation or modification of an 9
energy improvement. 10
(7) In addition to the authority provided in the Kentucky Revised Statutes for local 11
governments to levy special assessments with the same lien status as a property tax, 12
the governing body of a local government that establishes a program pursuant to 13
this section may exercise powers granted under KRS 65.205 to 65.209. 14
Section 24. KRS 65.355 is amended to read as follows: 15
(1) Any local government, the county or independent school district within the county, 16
and the Commonwealth of Kentucky may enter into an interlocal cooperation 17
agreement pursuant to KRS 65.210 to 65.300 for the purpose of establishing a land 18
bank authority pursuant to KRS 65.350 to 65.375. 19
(2) The authority shall be a public body corporate and politic with the power to sue and 20
be sued, issue deeds in its name, and any other powers necessary and convenient to 21
carry out these powers or that may be granted to the authority by the parties. 22
(3) The authority shall be established to acquire the tax delinquent properties of the 23
parties[, properties that have become blighted or deteriorated as defined by KRS 24
99.705] and properties that have local government liens filed against them [,] to 25
facilitate the public purpose of returning property that is in a non -revenue 26
generating, non -tax producing status to effective utilization, including but not 27
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limited to providing housi ng, new industry, and jobs for the citizens of the county. 1
The authority shall have the powers provided in KRS 65.370 and 65.375 and in the 2
interlocal cooperation agreement. 3
Section 25. KRS 65.430 is amended to read as follows: 4
To carry out the purposes of KRS 65.410 to 65.450[65.460], local legislative bodies may 5
acquire by purchase, gift, lease, bequest , or otherwise title to or any interests or rights in 6
real property that will provide a means for the preservation or p rovision of permanent 7
open space land. 8
Section 26. KRS 65.440 is amended to read as follows: 9
(1) Local legislative bodies shall have all the powers necessary to carry out the 10
purposes and provisions of KRS 65.410 to 65.450[65.460], including the following 11
powers in addition to others granted by KRS 65.410 to 65.450[65.460]: 12
(a) To borrow funds and ma ke expenditures necessary to carry out the purposes 13
of KRS 65.410 to 65.450[65.460]; 14
(b) To advance or accept advances of public funds; 15
(c) To apply for, accept , and utilize grants and any other assistance from the 16
federal government and any other public or private sources; to give such 17
security as may be required and to enter and carry out contracts or agreements 18
in connection with the assistance; and to include in any contract for assistance 19
from the federal government any[such] conditions imposed pursu ant to 20
federal laws as the local legislative body may deem reasonable and 21
appropriate and which are not inconsistent with the purposes of KRS 65.410 22
to 65.450[65.460]; 23
(d) To make and execute contracts and other instruments necessary to the 24
exercise of its powers under KRS 65.410 to 65.450[65.460]; 25
(e) In connection with the real property acquired for the purposes of KRS 65.410 26
to 65.450[65.460], to provide or to arrange or contract for the provision, 27
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construction, maintenance, operation , or repair by any person or agency, 1
public or private, of services, privileges, works, streets, roads, public utilities, 2
or other facilities or structures that may be necessary to the provision, 3
preservation, maintenance, and management of the property as open space 4
land; 5
(f) To insure or provide for the insurance of any real or personal property or 6
operations of the public body against any risks or hazards, including the 7
power to pay premiums on the insurance; 8
(g) To demolish or dispose of any structures or facilities which may be 9
detrimental to or inconsistent with the use of real property as open space land; 10
and 11
(h) To exercise any or all of its functions and powers under KRS 65.410 to 12
65.450[65.460] jointly or cooperatively with one or more public bodies of this 13
state, and to enter into agreements for joint or cooperative action. 14
(2) For the purposes of KRS 65.410 to 65.450[65.460] the local legislative bodies may: 15
(a) Appropriate funds; 16
(b) Issue and sell their revenue bonds and general obligation bonds in the manner 17
and within the limitations prescribed by the applicable laws of the 18
Commonwealth; and 19
(c) Exercise their powers under KRS 65.410 to 65.450[65.460] through a board 20
or commission, or through such office or officers as the local legislati ve 21
bodies by resolution determine. 22
Section 27. KRS 65.450 is amended to read as follows: 23
Where an interest in real property less than the fee is held by the local legislative body for 24
the purposes of KRS 65.410 to 65.450[65.460], assessments made on the property for 25
taxation shall reflect any change in the market value of the property which may result 26
from the interest held by the local legislative body. The value of the interest held by the 27
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local legislative body shall b e exempt from property taxation to the same extent as other 1
property owned by the local legislative body. 2
Section 28. KRS 65.520 is amended to read as follows: 3
(1) Any governmental unit by act of its legislative body, or any two (2) or more 4
governmental units acting jointly by acts of their legislative bodies, and with the 5
approval of the Transportation Cabinet, Office of the Secretary, may establish a 6
developmental riverport authority to be composed of six (6) members. 7
(2) The authority shall be a body politic and corporate with the usual corporate 8
attributes, and in its corporate name may sue and be sued, contract and be 9
contracted with, and do all things reasonable or necessary to effectively carry out 10
the powers and du ties prescribed by KRS 65.510 to 65.650. The authority may 11
exercise all powers granted to governmental agencies by KRS 58.010 to 12
58.130[58.140]. The authority may exercise all powers, consistent with its powers 13
and duties stated in this chapter, granted by KRS 273.171 to corporations governed 14
by KRS 273.161 to 273.390. 15
(3) The responsibility for riverports shall be established within the Transportation 16
Cabinet to provide oversight on development activities involving riverport 17
authorities. The cabinet shall be responsible for managing a study that will develop 18
a long -range capital improvements plan for Kentucky's riverports that shall 19
include[,] but not be limited to: 20
(a) Guidelines for ground transportation access to riverports; 21
(b) A model for determining the economic impact of riverports; and 22
(c) A blueprint for creating long-term funding mechanisms for riverports. 23
Section 29. KRS 65.530 is amended to read as follows: 24
(1) The purposes of the authority shall be to establis h, maintain, operate, and expand 25
necessary and proper riverport and river navigation facilities, and to acquire and 26
develop property, or rights to property[therein] within the economic environs, the 27
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home county, or any adjacent county[ adjacent thereto] , o f the riverport or 1
proposed riverport to attract directly or indirectly river -oriented industry. It shall 2
have the duty and any[such] powers [as may be ] necessary or desirable to promote 3
and develop navigation, river transportation, riverports, and riverpo rt facilities, and 4
to attract industrial or commercial operations to the property held as industrial 5
parks. 6
(2) The authority may establish and fix reasonable rates, charges, and fees for the use 7
of the riverport facilities which shall be published in a ma nner available to the 8
general public in the county in which the riverport is located. In fixing rates, 9
charges, or fees the authority may take into consideration, among other factors, the 10
total capital investment of the authority, the revenue needed proper ly to maintain 11
riverport[such] facilities, the revenue needed properly to expand the riverport and 12
its facilities, the portion of the facilities utilized by the licensee or contracting party 13
and its customers, and the volume and type of business conducted. Any party 14
aggrieved by the rates, charges, or fees may appeal from the action of the authority 15
to the Circuit Court of the county within which the authority operates, within ninety 16
(90) days from the date that the authority finally publishes the rates, charges, or fees 17
and gives notice [of same ] to the contracting party or licensee. The Circuit Court 18
may hear evidence and determine whether or not the rates, charges, or fees are, or 19
are not, reasonable in amount. Appeal from the judgment of the Circuit Cour t may 20
be prosecuted as any other civil appeal. 21
(3) The authority shall also have power [, from time to time,] to fix rates, charges, or 22
fees by contract, or by publishing general rates, charges, or fees for commercial 23
vendors, concessionaires, or other pers ons for the use or occupancy of riverport 24
facilities under the terms and conditions it deems to be in the best interest of 25
maintaining, operating, or expanding necessary riverport facilities, and the public 26
use of those facilities[thereof]. 27
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(4) The authori ty may acquire by contract, lease, purchase, option, gift, [ 1
condemnation,] or otherwise any real or personal property, or rights in the 2
property[therein], necessary or suitable for establishing, developing, operating, or 3
expanding riverports, riverport facilities, water navigation facilities, including 4
spoilage areas for the disposal of materials dredged from river bottoms in an effort 5
to improve the navig ability of rivers, reserve storage areas and reserves of bulk 6
materials utilized by the authority or any person acting as the authority's agent or 7
licensee, and industrial parks or sites within the economic environs of the riverport 8
or proposed riverport. The authority may erect, equip, operate, and maintain on the 9
property buildings and equipment necessary and proper for riverport and water 10
navigation facilities. The authority may dispose of any real or personal property, or 11
rights in the property [therein], which in the opinion of the authority is not needed 12
for use as riverport or water navigation facilities, or use as industrial parks or sites. 13
The authority may lease, sell, convey, or assign its interest in land owned, optioned, 14
or otherwise held by it t o any person for the purpose of constructing or[and/or] 15
operating any industrial or commercial facility or for the purpose of acting as the 16
authority's agent or licensee in effectively carrying out any of its powers and duties. 17
(5) [With the consent of the legislative body of the governmental unit in which the 18
property to be condemned is located, the authority may by resolution, reciting that 19
the property cannot be acquired by purchase or agreement and is needed for 20
riverport, water navigation, or industrial purposes in accordance with the powers set 21
forth in subsection (4) of this section, direct the condemnation of any property. The 22
procedure for condemnation shall conform to the procedure set out in the Eminent 23
Domain Act of Kentucky. 24
(6) ]The authority may apply for, receive authorization for, establish, and operate a 25
foreign trade zone, as permitted by 19 U.S.C. sec. 81, provided approval is obtained 26
from the Cabinet for Economic Development. 27
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(6)[(7)] The authority shall comply with the provisions of KRS 65A.010 to 65A.090. 1
Section 30. KRS 66.517 is amended to read as follows: 2
The board may exercise all the powers granted to governmental agencies by KRS 58.010 3
to 58.130[58.140]. The board may exe rcise all the powers granted to a county building 4
commission by KRS 67.450 to 67.555. Furthermore, the board may use the procedures 5
and powers of each of those sets of sections of the Kentucky Revised Statutes to obtain 6
facilities and improvements for the matters of statewide concern described in KRS 7
66.520. 8
Section 31. KRS 66.527 is amended to read as follows: 9
(1) The board may incur indebtedness, buy, lease, rent, sell, operate, manage, accept 10
gifts and grants, and do anything else necessary or proper to obtain for the county in 11
accordance with the board's plan the public improvements described in the 12
plan[therein]. To secure its obligations the board may pledge its assets subject to 13
any prior pledges or charges against them. The board may incur indebtedness the 14
security for the payment of which is a special fund rather than the unencumbered 15
assets of the board. The board may pledge its expected receipts from one or more 16
sources to secure payment of its various debts and obligations. The board may make 17
[such ]covenants and agreements with its creditors as may be necessary or proper to 18
reduce the cost to the board of the indebtedness. Those covenants or agreements 19
may include arrangements for the operation of public improve ments by trustees for 20
the benefit of creditors in the event of a default by the board in the timely payment 21
of indebtedness. 22
(2) In addition to any method of refunding established by covenants in the board's 23
obligations, the board may for any indebtedness refund it in advance of its maturity 24
by borrowing against the same security as pledged for the original indebtedness and 25
substituting as security for the original indebtedness general obligations of the 26
United States or its agencies if: 27
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(a) The principal and interest of the obligations of the United States [(]or its 1
agencies[)] are payable in time and sufficient in amount to defray seasonably 2
and fully the board's outstanding obligation on the original indebtedness ;[,] 3
and 4
(b) The net annual interest cost of the indebtedness to the board will be reduced. 5
(3) Obligations of the board may be made negotiable. Except as otherwise provided in 6
this section[herein], the board's obligations shall be in the form established by KRS 7
58.010 to 58.130[58.140]. 8
Section 32. KRS 67.080 is amended to read as follows: 9
(1) The fiscal court may: 10
(a) Appropriate county funds according to [the provisions of ] KRS 68.210 to 11
68.360 for lawful purposes; 12
(b) Sell and convey any real estate or pers onal property belonging to the county, 13
and buy land for the use of the county, when necessary, for the lawful 14
purposes of the county as provided for in this section and KRS 67.083. The 15
fiscal court may appoint one (1) or more commissioners to sell or buy r eal 16
estate under this subsection, subject to the approval of the fiscal court, and 17
convey it to the purchaser [,] under the direction of the court [,] or have it 18
conveyed to the court[,] by deed properly executed and recorded. 19
1. When real property is purcha sed, the county shall pay no more than the 20
highest appraised value [,] as determined by a Kentucky certified real 21
property appraiser as defined in KRS 324A.010 [, or the price 22
determined through exercising the power of eminent domain, if that 23
power is used] . A valuation of the real property shall not be required if 24
the purchase price is forty thousand dollars ($40,000) or less; 25
2. When real property is conveyed o r sold, the county shall convey or sell 26
it in accordance with KRS 67.0802; and 27
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3. When personal property is conveyed or sold, the county shall convey or 1
sell it in accordance with KRS 67.0802; 2
(c) Regulate and control the fiscal affairs of the county; 3
(d) Cause correct accounts and records to be kept of all receipts and 4
disbursements of the public funds of the county, employ a competent person 5
to keep [such ] accounts and records, pay that[such ] person a reasonable 6
compensation for his or her [such ] services, and have the accounts of the 7
county and all county officers audited, when necessary and in accordance with 8
[the provisions of ]KRS 43.070 and 64.810; 9
(e) Exercise all the corporate powers of the county unless otherwise provided by 10
law; 11
(f) Establish all appointive offices, set the duties of those offices, and approve all 12
appointments to those offices; and 13
(g) Investigate all activities of the county government. 14
(2) The fiscal court shall: 15
(a) Appropriate county funds [,] according to [the provisions of ] KRS 68.210 to 16
68.360[,] for purposes required by law; 17
(b) As needed, cause the construction, operation, and maintenance of all county 18
buildings and other structures, grounds, roads, and other property; 19
(c) Adopt an administrative code for the county; and 20
(d) Provide for the incarceration of prisoners according to [the provisions of 21
]KRS Chapter 441. 22
(3) The fiscal court shall not exercise executive authority except as specifically 23
assigned by statute. 24
Section 33. KRS 67C.101 is amended to read as follows: 25
(1) The governmental and corporate functions vested in any city of the first class shall, 26
upon approval by the voters of the county at a regular or special election, be 27
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consolidated with the governmental and corporate functions of the county 1
containing the city. This single government replaces and supersedes the 2
governments of the pre-existing city of the first class and its county. 3
(2) (a) A consolidated local government s hall have all powers and privileges that 4
cities of the first class and their counties are, or may hereafter be, authorized 5
to exercise under the Constitution and the general laws of the Commonwealth 6
of Kentucky, including but not limited to those powers gr anted to cities of the 7
first class and their counties under their respective home rule powers. 8
(b) A consolidated local government shall continue to exercise these powers and 9
privileges notwithstanding repeal or amendment of any of the laws upon 10
which the powers and privileges are based unless expressly repealed or 11
amended for consolidated local governments. 12
(c) In addition, a consolidated local government shall have other powers and 13
privileges as the government may be authorized to exercise under the 14
Constitution and general laws of the Commonwealth of Kentucky. 15
(d) A consolidated local government is neither a city government nor a county 16
government as those forms of government exist on July 15, 2002, but it is a 17
separate classification of government which possess the greater powers 18
conferred upon, and is subject to the lesser restrictions applicable to, county 19
government and cities of the first class under the Constitution and general 20
laws of the Commonwealth of Kentucky. 21
(e) A consolidated local government shall be accorded the same sovereign 22
immunity granted counties, their agencies, officers, and employees. 23
(3) A consolidated local government shall have power and authority to: 24
(a) Levy and collect taxes upon all property taxable for state purposes within the 25
territorial limits of the consolidated local government not exempt by law from 26
taxation; 27
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(b) License, tax, and regulate privileges, occupations, trades, and professions 1
authorized by law, to be uniform throughout the jurisdiction; 2
(c) Make appropriations for the support of the consolidated local government and 3
provide for the payment of all debts and expenses of the consolidated local 4
government and the debts and expenses of the county and city of which it is 5
the successor; 6
(d) Issue or cause to be issu ed bonds and other debt instruments that counties 7
containing a city of the first class are authorized to issue or enter into all other 8
financial transactions [as may be ]permitted by law; 9
(e) Purchase, lease, construct, maintain, or otherwise acquire, hold , use, and 10
operate any property, real or personal, for any public purpose, and sell, lease, 11
or otherwise dispose of any property, real or personal, belonging to a 12
consolidated local government; 13
(f) [Exercise the power of eminent domain for any public purpo se subject to the 14
limitations and exceptions prescribed by the Constitution and the general laws 15
of the Commonwealth of Kentucky; 16
(g) ]Accept federal or state funds and other sources of revenue that are applicable 17
to counties and cities of the first class; 18
(g)[(h)] Establish, erect, maintain, and operate facilities for the confinement, 19
detention, and rehabilitation of persons convicted of the violation of the 20
ordinances and laws of a consolidated local government or the 21
Commonwealth of Kentucky; 22
(h)[(i)] Pass and enforce by fines and penalties, if necessary, all ordinances, not 23
inconsistent with law, as are expedient in maintaining the peace, good 24
government, health, and welfare of the inhabitants of the county and prevent, 25
abate, and remove nuisances; 26
(i)[(j)] Collect and dispose of garbage, junk, and other refuse, and regulate the 27
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collection and disposal of garbage, junk, and other refuse by others; 1
(j)[(k)] Provide for the redevelopment, renewal, or rehabilitation of blighted, 2
deteriorated, or dilapidated areas; 3
(k)[(l)] Enforce zoning regulations; 4
(l)[(m)] Enter into contracts and agreements with other governmental entities 5
and with private persons, firms, and corporations; 6
(m)[(n)] Adopt procedures for collective bargaining with its employees and for 7
the certification of exclusive bargaining agents for groups of employees in 8
accordance with the Constitution and general laws of the Commonwealth of 9
Kentucky and its ordinances; and 10
(n)[(o)] Exercise all other powers and authorities granted to counties and cit ies 11
of the first class by the general laws of the Commonwealth of Kentucky. 12
(4) The powers of the consolidated local government shall be construed broadly in 13
favor of the consolidated local government. The specific mention of, or failure to 14
mention, [of ]particular powers in this section shall not be construed as limiting in 15
any way the general or specific powers of a consolidated local government. 16
(5) A consolidated local government shall have power and jurisdiction throughout the 17
total area embraced by the official jurisdictional boundaries of the county. 18
(6) A consolidated local gov ernment shall be known as............../.....................County 19
Metro Government, which shall be the combination of the names of the largest city 20
in existence on the date of the adoption of the consolidated local government and 21
the county. 22
Section 34. KRS 74.410 is amended to read as follows: 23
Water districts may, in addition to all other methods provided by law, acquire and 24
develop water systems, systems for the distribution of natural, artificial, or mixed gas and 25
sewage disposal systems through the issuance of revenue bonds under [the terms and 26
provisions of ]KRS 58.010 to 58.130[58.140]. 27
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Section 35. KRS 76.080 is amended to read as follows: 1
The district created under [the provisions of ]KRS 76.010 to 76.210 is empowered: 2
(1) To have jurisdiction, control, possession, and supervision of the existing sewer and 3
drainage system of the city forming a district pursuant to KRS 76.010; to maintain, 4
operate, reconstruct, and improve the same as a comprehensive sewer and drainage 5
system; to make additions, betterments, and extensions to the system [thereto] 6
within the district area; and to have all the rights, privileges, and jurisdiction 7
necessary or proper for carrying such powers into e xecution. An[No] enumeration 8
of powers in KRS 76.010 to 76.210 shall not operate to restrict the meaning of this 9
general grant of power or to exclude other powers comprehended within this 10
general grant;[.] 11
(2) To prepare or cause to be prepared and to be t hereafter revised and adopted, plans, 12
designs, and estimates of costs [,] of a system of trunk, intercepting, connecting, 13
lateral, and outlet sewers, storm water drains, pumping and ventilating stations, 14
disposal and treatment plants and works, and all othe r appliances and structures 15
which in the judgment of the board will provide an effective and advantageous 16
means for relieving the district area from inadequate sanitary and storm water 17
drainage and from inadequate sanitary disposal and treatment of [the ] sewage[ 18
thereof], or any[such] sections or parts of a[such] system of the district area as the 19
board deems[may from time to time deem] proper or convenient to construct, 20
consistent with the plans and purposes of KRS 76.010 to 76.210, and may take all 21
steps the board deems proper and necessary to effect the purposes of KRS 76.010 to 22
76.210;[.] 23
(3) (a) To construct any additions, betterments , and extensions to the facilities of the 24
district, within or without the district area, and to construct any constructio n 25
subdistrict facilities or additions, betterments , and extensions[ thereto,] within 26
or without the district area, by contract or under, through, or by means of its 27
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own officers, agents, and employees. 1
(b) [No ]Construction or extensions shall not be started: 2
1. Within the city forming a district pursuant to KRS 76.010 until, firstly, 3
the city's director of works, and secondly, its board of aldermen have 4
approved the plans;[. No Construction or extensions shall be started ] 5
2. In any city with a population greater than three thousand (3,000) but less 6
than one hundred thousand (100,000) based upon the most recent federal 7
decennial census until the governing authorities of the[such] city or 8
cities have approved the plans ; or[. No construction or extensions shall 9
be started] 10
3. In any other part of the county until the plans have been approved, 11
firstly, by the county engineer and, secondly, by the fiscal court;[.] 12
(4) To establish, construct, operate, and maintain, as a part of the sewer and drainage 13
system of the district, sewage treatment and disposal plants and systems and all the 14
appurtenances and appliances thereunto belonging. The sewage treatment and 15
disposal plants may be located in the city, or beyond the limits of the city in the 16
county in which the city is located, as the board deems expedient;[.] 17
(5) To acquire and hold the personal property the board deems necessary and proper for 18
carrying out the corporate purposes of the district and to dispose of personal 19
property when the district has no further need for the property;[therefor.] 20
(6) To acquire by purchase, gift, or lease[, or by condemnation,] real property or any 21
interest, right, easement, or privilege in real property [therein,] as the board 22
determines necessary, proper , and convenient for the corporate purposes of the 23
district, and to use the property[same] so long as its corporate existence continues[,] 24
and [same ] is necessary or useful for the corporate purposes of the district. 25
[Condemnation proceedings may be instituted in the name of the district pursuant to 26
a resolution of the board declaring the necessity for the taking, and the method of 27
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condemnation shall be the same as provided in the Eminent Domain Act of 1
Kentucky. ]When the board by resolution declares that any real property or interest 2
in rea l property which it has acquired [, or any interest therein,] is no longer 3
necessary or useful for the corporate purposes of the district, the real property 4
or[and] interest in the property[therein] may be disposed of;[.] 5
(7) To make bylaws and agreements f or the management and regulation of its affairs 6
and for the regulation of the use of property under its control and for the 7
establishment and collection of sewer rates, rentals, and charges, which sewer rates, 8
rentals and charges, applicable within the limits of a city forming a district pursuant 9
to KRS 76.010, shall be subject to the approval, supervision and control of the 10
legislative body of the city as [hereinafter ]provided in KRS 76.010 to 76.210;[.] 11
(8) To make contracts and execute all instruments n ecessary or convenient in the 12
premises;[.] 13
(9) To borrow money and to issue negotiable bonds and to provide for the rights of 14
their[the] holders;[ thereof.] 15
(10) To fix and collect sewer rates, rentals, and other charges, for services rendered by 16
the facilities of the district, which sewer rates, rentals, and other charges, applicable 17
within the limits of a city forming a district pursuant to KRS 76.010, shall be 18
subject to the approval, supervision, and control of the legislative body of the[such] 19
city as[ hereinafter] provided in KRS 76.010 to 76.210;[.] 20
(11) To enter on any lands, waters , and premises for the purpose of making surveys, [ 21
and] soundings, and examinations;[.] 22
(12) To approve or revise the plans and designs of all trunk, intercepting, connect ing, 23
lateral and outlet sewers, storm water drains, pumping and ventilating stations, 24
disposal and treatment plants and works proposed to be constructed, altered or 25
reconstructed by any other person or corporation, private or public, in the whole 26
county, [in order ]to ensure[insure] that the[such] proposed construction, alteration, 27
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or reconstruction shall conform to and be a part of a comprehensive sewer and 1
drainage system for the [said ]county. [No ]Sewers, drains, pumping and ventilating 2
stations, or disposal and treatment plants or works shall not be constructed, altered, 3
or reconstructed without approval by the board of the district and[. Any such work] 4
shall be subject to inspection and supervision of the district; and[.] 5
(13) To enter into agreements with another entity or entities to acquire by purchase or 6
lease[,] any real o r personal property, or any interest, right, easement, or privilege 7
in property[therein], outside of the district's jurisdictional boundaries, in connection 8
with the acquisition, construction, operation, repair, or maintenance of any sewage, 9
wastewater, or storm water facilities, notwithstanding any other provision of the 10
Kentucky Revised Statutes restricting, qualifying, or limiting their authority to do 11
so, except as set forth in KRS Chapter 278. 12
Section 36. KRS 76.110 is amended to read as follows: 13
(1) The district shall have the power to acquire by purchase or[,] gift[ or eminent 14
domain proceedings,] the fee or other[such] right, title, interest , or easement[,] in 15
[such ]lands [as may be ] deemed by the district necessary for any of the purposes 16
mentioned in KRS 76.010 to 76.295, whether within or without the district area or 17
within or without a construction subdistrict and any personal property necessary for 18
the purpose of the district. [Such ]Lands, interests[ or interest therein] , or personal 19
property may be [so ] acquired under this section whether or not [the same are 20
]owned or held for public use by corporations or[,] associations, [or other persons 21
having the power of eminent domain, ] or otherwise held or used for public 22
purposes.[ Nothing in ] 23
(2) This chapter shall not be construed to confer upon or recognize in the district any 24
power to acquire by agreement, purchase , or gift [, or by eminent domain 25
proceedings,] any fee, right, title , interest , or easement in property under the 26
jurisdiction of the Department of Highways or included within the boundaries of 27
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any sanitation district organized under KRS Chapter 220, except necessary rights of 1
way for trunk sewers through such sanitation districts. 2
(3) Immediately[Forthwith] upon the acquisition of any [such ]fee, right, title, interest , 3
[or ]easement, or personal property, the property[same] shall become dedicated to 4
the uses and purposes of the district. 5
[(2) The method of condemnation of such property shall be pursuant to the Eminent 6
Domain Act of Kentucky. 7
(3) When a district has filed a proceeding to condemn land or any interest therein or 8
personal property, pursuant to the provisions of the Eminent Domain Act of 9
Kentucky, and the bo ard of such district shall determine that the necessity for 10
procuring possession of the property is urgent, it may pass a resolution, at the time 11
that said condemnation is authorized or at any time thereafter for a declaration of 12
taking, declaring that sai d lands are to be taken for the use of a metropolitan sewer 13
district. Said declaration of taking shall contain, or have annexed thereto, the 14
following: 15
(a) A statement of the authority under which and, the public use for which, said 16
lands are taken; 17
(b) A description of the lands taken sufficient for identification thereof; 18
(c) A statement of the estate or interest in said lands taken for said public use; 19
(d) A plat showing the lands taken. 20
(4) At any time after the report of the commissioners has been made, the district may 21
file said declaration of taking and make a deposit with the clerk of the court of the 22
sum of money stated in the award of the commissioners appointed. Title to said 23
lands in fee simple or such lesser estate as is specified in said d eclaration or to said 24
personal property shall then vest in such metropolitan sewer district, and the right to 25
just compensation for said land or interest therein or personal property shall vest in 26
the persons entitled thereto. Said compensation shall be as certained and awarded in 27
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said proceeding as otherwise provided in the Eminent Domain Act of Kentucky. ] 1
Section 37. KRS 80.500 is amended to read as follows: 2
An authority shall constitute a public body corporate and poli tic, exercising public and 3
essential governmental functions[,] and having all the powers necessary or convenient to 4
carry out and effectuate the purposes [and provisions ] of KRS 80.320 to 80.610, 5
including the following powers in addition to others herein granted: 6
(1) To sue and be sued; to have a seal and to alter the seal[same] at pleasure; to have 7
perpetual succession; to make and execute contracts and other instruments 8
necessary or convenient to the exercise of the powers of the authority; and to make , 9
[and from time to time ] amend, and repeal bylaws, rules , and regulations [,] not 10
inconsistent with KRS 80.320 to 80.610 [,] to carry into effect the powers and 11
purposes of the authority;[. ] 12
(2) Within its area of operation, to prepare, carry out, acquire, lease, and operate 13
housing; to provide for the construction, reconstruction, improvement, alteration , or 14
repair of any housing project or any part of a housing project;[thereof. ] 15
(3) To arrange or contract for the furnishing by any person or agency, publi c or private, 16
of services, privileges, works, or facilities for, or in connection with, a housing 17
development or its[the] occupants[ thereof]; and, [(]notwithstanding anything to the 18
contrary [contained ]in KRS 80.320 to 80.610 or in any other provision of law,[)] to 19
include in any contract let in connection with a development, stipulations requiring 20
that the contractor and any subcontractors comply with requirements as to 21
minimum wages and maximum hours o f labor, and comply with any conditions 22
which the federal government may have attached to its financial aid of the[ project.] 23
project; 24
(4) To lease or rent any dwellings, houses, accommodations, lands, buildings, 25
structures, or facilities embraced in any housing project , and [(]subject to the 26
limitations [contained ]in KRS 80.320 to 80.610 ,[)] to establish and revise the rents 27
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or charges for the housing projects [therefor]; to own, hold, and improve real or 1
personal property; to purchase, lease, obtain opti ons upon, acquire by gift, grant, 2
bequest, devise, or otherwise any real or personal property or any interest in 3
property[therein]; [to acquire by the exercise of the power of eminent domain or 4
condemnation any real property; ] to sell, lease, exchange, tra nsfer, assign, pledge , 5
or dispose of any real or personal property or any interest in property[therein]; to 6
insure or provide for the insurance of any real or personal property or operations of 7
the authority against any risks or hazards;[. ] 8
(5) To invest any funds held in reserves or sinking funds, or any funds not required for 9
immediate disbursement, in property or securities in which savings banks may 10
legally invest funds subject to their control; to purchase its bonds at a price not 11
more than the princi pal amount [thereof ] and accrued interest, all bonds so 12
purchased to be canceled; and[. ] 13
(6) To exercise all or any part or combination of powers [herein ] granted in KRS 14
80.320 to 80.610. 15
Section 38. KRS 82.082 is amended to read as follows: 16
(1) A city may exercise any power and perform any function within its boundaries [, 17
including the power of eminent domain in accordance with the provisions of the 18
Eminent Domain Act of Kentucky,] that is in furtherance of a public pur pose of the 19
city and not in conflict with a constitutional provision or statute. 20
(2) A power or function is in conflict with a statute if it is expressly prohibited by a 21
statute or there is a comprehensive scheme of legislation on the same general 22
subject embodied in the Kentucky Revised Statutes. 23
Section 39. KRS 82.105 is amended to read as follows: 24
As used in KRS 82.105 to 82.175[82.180], unless the context otherwise requires [the 25
following words and terms have the following respective meanings unless it shall clearly 26
appear from the context that another meaning is intended]: 27
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(1) "Bonds" or "bond proceeds," if unaccompanied by other designation, refer to 1
either revenue bonds or general obligation bonds, or both of them, and their 2
proceeds, as the context may indicate; 3
(2)[(1)] "City" means a city of any class; 4
(3) "Contract of inducement" means any contract, agreement, or offer and 5
acceptance, whereby a city agrees to provide an inducement to a governmental 6
agency, under authority of KRS 82.105 to 82.175, either to establish or locate: 7
(a) In the city or its environs a governmental project which might, but for that 8
inducement, be established elsewhere or not at all; or 9
(b) Upon one (1) or more particular sites deemed by the city, acting through its 10
governing body, to be best situated in the interests of future city planning 11
and development, or otherwise in the best interests of the public health, 12
safety, welfare, or convenienc e of the citizens and inhabitants of the city 13
and its environs, a governmental project otherwise chosen or under 14
consideration for establishment or location upon one (1) or more other sites 15
in or near the same city; 16
(4)[(2)] "Governing body" means the legislative body of a city; 17
(5)[(3)] "Governmental agency" means the Commonwealth, the United States, or any 18
division, department, agency , or instrumentality of either of them, including 19
agencies and instrumentalities in corporate form, whether created by legi slative 20
enactment or organized as nonprofit corporations under general corporation laws 21
for the purpose of serving as agencies or instrumentalities of either of them; 22
(6)[(4)] "Governmental project" means any building, structure, installation, activity, 23
undertaking, or program proposed by a governmental agency in furtherance of any 24
lawful governmental or proprietary function of a governmental agency; 25
[(5) "Contract of inducement" means any contract, agreement, or offer and acceptance, 26
whereby a city agrees to provide an inducement to a governmental agency, under 27
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authority of KRS 82.105 to 82.180, either (i) to establish or locate in the city or its 1
environs a governmental project which might, but for such inducement, be 2
established elsewhere, or not at all; or (ii) to establish or locate upon one or more 3
particular sites deemed by the city, acting through its governing body, to be best 4
situated in the interests of future city planning and development, or otherwise in the 5
best interests of the public health, safety, welfare or convenience of the citizens and 6
inhabitants of the city and its environs, a governmental project otherwise chosen or 7
under consideration for establishment or location upon one or more other sites in or 8
near the same city;] 9
(7)[(6)] "Inducement" or "municipal inducement" means appropriation of public funds 10
derived from any source and not required by law to be applied, reserved , or 11
appropriated to some other purpose, issuance of bonds and application of bond and 12
application of bond proceeds, and provision of any lands, improvements or 13
appurtenances authorized in KRS 82.105 to 82.175[82.180] to be acquired, 14
constructed, installed , or undertaken by a city as an inducement for a purpose 15
authorized to be accomplished or promoted under [the provisions of ] a contract of 16
inducement; and 17
(8)[(7)] "Revenue bonds" and "general obligation bonds" mean, respectively, the 18
bonds which a city is authorized in KRS 82.105 to 82.175[82.180] to issue under 19
those[such] designations[; 20
(8) "Bonds" or "bond proceeds," if unaccompanied by other designation, refer to either 21
revenue bonds or general obligation bonds, or both of them, and the proceeds 22
thereof, as the context may indicate]. 23
Section 40. KRS 82.110 is amended to read as follows: 24
(1) A city may acquire by purchase, [exercise of the power of eminent domain, ]option, 25
or lease, and may accept by way of grant, gift, devise , or otherwise, a fee simple 26
unencumbered title to, or any lesser interest in, lands which are suitable for and 27
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acceptable to a governmental agency as a site or sites for one or more governmental 1
projects. 2
(2) In addition to an[such] acquisition of lands under subsection (1) of this section , a 3
city may improve the[such] lands in any manner which in the discretion of the 4
governing body may be necessary or desirable to place the lands[same] in condition 5
suitable and acceptable for use and occupancy, including, but not by way of 6
limitation, demolition of existing buildings or structures, removal of debris, 7
grading, provision of proper drainage, closure of public ways, establishment and 8
improvement of new public ways, relocation and improvement of existing public 9
ways, relocation of publicly or privately owned utility install ations, erection of 10
buildings, structures , and other improvements, and extension of the services and 11
facilities of any city-owned utility system to any such site or sites. 12
Section 41. KRS 82.120 is amended to read as follows: 13
A city may exercise all or any of the powers conferred upon it in KRS 82.105 to 14
82.175[82.180] as incidents to the exercise of its urban renewal and[and/or] urban 15
redevelopment functions authorized and contemplated in and by KRS Chapter 99, or 16
otherwise. In the event a city has elected or may hereafter elect to perform and carry out 17
its permissible urban renewal [and/]or urban redevelopment functions through, or without 18
the intervention of, an independent corporate agency or instrumentality, the[such] city 19
may lawfully raise funds from any source or sources authorized or permitted by law, and 20
by those means [thereof ] acquire [such ] lands in its own name and pay for the 21
lands[therefor] the resale or lease value established as provided in KRS Chapter 99 , and 22
thereby redeem and perform obligations and commitments to the United States or others 23
within the meaning, intent , and purpose of federal or Kentucky statutes relating to [such 24
]urban renewal and urban redevelopment programs. 25
Section 42. KRS 82.125 is amended to read as follows: 26
Municipal inducements are hereby declared as a matter of legislative determination of the 27
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General Assembly to be lawful public purposes and public uses for which cities may 1
exercise all power s authorized by [the provisions of ] KRS 82.105 to 82.175[82.180], or 2
otherwise provided by law. 3
Section 43. KRS 82.140 is amended to read as follows: 4
The revenue bonds and interest on them[thereon] shall be payable solel y from a special 5
fund or account of the city, and from [such ]revenues as may be pledged to be set aside 6
therein from permissible sources, as authorized and provided in KRS 82.140 to 82.165, 7
and shall not constitute indebtedness of the city. It shall be stated plainly on the face of 8
each bond that it has been issued under [the provisions of ] KRS 82.105 to 9
82.175[82.180], and that it does not constitute an indebtedness of the city within the 10
meaning of the Constitution. 11
Section 44. KRS 82.165 is amended to read as follows: 12
(1) All moneys received pursuant to [the provisions of ]KRS 82.140 to 82.165, whether 13
as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds 14
to be held and applied solely as provided in KRS 82.140 to 82.165. The 15
proceedings or the trust indenture shall provide that any officer with whom, or any 16
bank or trust company with which, those[such] moneys shall be deposited shall act 17
as trustee of the[such] moneys and shall hold and apply them[the same] for the 18
purposes of KRS 82.140 to 82.165, s ubject to [such ]regulations as KRS 82.105 to 19
82.175[82.180] and [such ]proceedings or trust indenture may provide. 20
(2) Any holder of bonds issued under [the provisions of ]KRS 82.140 to 82.165 or any 21
of the coupons appertaining to the bonds [thereto], and the trustee under any trust 22
indenture, except to the extent the rights in KRS 82.140 to 82.165 given may be 23
restricted by the[such] trust indenture, may, either at law or in equity, by suit, 24
action, mandamus , or other proceedings, protect and enforce any a nd all rights 25
under the laws of the Commonwealth or granted under KRS 82.140 to 82.165 or 26
under the[such] trust indenture or the proceedings authorizing the issuance of 27
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the[such] bonds, and may enforce and compel the performance of all duties 1
required by KRS 82.140 to 82.165 or by the[such] trust indenture or proceedings to 2
be performed by the city or by any of its officers[officer] or employees[ thereof]. 3
Section 45. KRS 82.170 is amended to read as follows: 4
The exercise of the powers granted by KRS 82.105 to 82.175[82.180] will be in all 5
respects for the benefit of the people of the Commonwealth and its political subdivisions, 6
for the increase of their commerce and prosperity, and for the promotion of employme nt 7
and the alleviation of unemployment; and as the acquisition of a governmental project or 8
projects by a city will constitute the performance of essential governmental functions, 9
and will aid in the performance of other governmental functions by the Commo nwealth 10
and by the United States, the bonds issued under [the provisions of ] KRS 82.105 to 11
82.175[82.180], whether general obligation or revenue bonds, their transfer and the 12
income therefrom, [(]including any profit made on their[the] sale [thereof) ]shall [at all 13
times ]be free from taxation within the Commonwealth. 14
Section 46. KRS 82.175 is amended to read as follows: 15
Bonds issued by a city under [the provisions of ] KRS 82.105 to 82.175[82.180] are 16
hereby made securiti es in which all public officers and public bodies, agencies and 17
instrumentalities of the Commonwealth and its political subdivisions, all insurance 18
companies, trust companies, banking associations, investment companies, executors, 19
administrators, trustees and other fiduciaries, and all other persons whatsoever who are 20
now or may hereafter be authorized to invest in bonds or other obligations of a similar 21
nature, may properly and legally invest funds, including capital in their control or 22
belonging to them. These[Such] bonds are hereby made securities which may properly 23
and legally be deposited with and received by any state or municipal officer or any 24
agency or political subdivision of the Commonwealth for any purpose for which the 25
deposit of bonds or other obligations of the Commonwealth is now or may hereafter be 26
authorized by law. 27
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Section 47. KRS 82.405 is amended to read as follows: 1
(1) If a legislative body of a city determines that a public way located within the city 2
should be closed in whole or in part, and that all property owners in or abutting the 3
public way or a portion of the public way [thereof] agree to its[the] closing[ of the 4
public way], the legislative body may proceed to close the public way or a portion 5
of the public way [ thereof] as provided in subsection (2) of this section. If that 6
determination is not made, a public way or a portion of the public way [thereof] 7
may be closed only as provided in subsections (3) and (4) of this section. 8
(2) The legislative body of a city may close a public way [,] in whole or in part [,] as 9
provided in this subsection[,] if it makes the following findings of fact: 10
(a) Identification of all property owners in or abutting the public way or the 11
portion of it[thereof] to be closed; 12
(b) Written notice of the proposed closing was given to all property owners in or 13
abutting the public way or the portion of it[thereof] being closed; and 14
(c) All property owners in or abutting the public way or the portion of it[thereof] 15
being closed have given their written notarized consent to the closing, and 16
copies of the consent shall be attached thereto. 17
If the legislative body makes the fi ndings of fact in subsections (2)(a), (b), and (c) 18
of this section, it may enact an ordinance reciting the findings of fact and declaring 19
the public way or a portion of it [thereof] closed without any further action. The 20
ordinance shall be recorded in the o ffice of the county clerk of the county in which 21
the city is located. 22
(3) Unless the findings of fact required in subsection (2) of this section are made, upon 23
the adoption of an ordinance by the city legislative body closing the whole or any 24
portion of a public way, the city shall institute an action in the Circuit Court to have 25
it closed. All the owners of property in or abutting that public way, or the portion 26
proposed to be closed, shall be made defendants. 27
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(4) If all defendants fail to object to the cl osing within twenty (20) days after the date 1
of service, the court shall render a decree accordingly, but if any defendant objects 2
within that time, the court shall award damages, if any, [ in the same manner as 3
prescribed by the Eminent Domain Act of Kentucky] and shall direct that the public 4
way be closed upon payment into court of the amount awarded. The court shall give 5
these proceedings precedence over other cases. 6
Section 48. KRS 91.285 is amended to read as follows: 7
(1) Any city of the first class which finds and declares that there exists abandoned 8
urban property as defined in KRS 132.012(1) within the city [ or which finds that 9
there exists blighted or deteriorated property pursuant to KRS 99.700 to 99.730] 10
may levy a separate rate of taxation on abandoned urban property pursuant to KRS 11
132.012(2). 12
(2) (a) Prior to levying a tax upon abandoned urban property, the legislative body of 13
a city of the first class shall delegate to [the vacant properties review 14
commission, if established pursuant to KRS 99.700 to 99.730 or ] another 15
department or agency of city government [,] the responsibility of determining 16
which properties within the city are abandoned urban properties. 17
(b) A list of abandoned urban properties shall be fu rnished to the county property 18
valuation administrator prior to the date fixed for the annual assessment of 19
real property within the county. If a property classified as abandoned urban 20
property is repaired, rehabilitated, or otherwise returned to productive use, the 21
owner shall notify the city which shall, if it finds the property is no longer 22
abandoned urban property, notify the property valuation administrator to 23
strike the property from the list of abandoned urban properties. 24
Section 49. KRS 92.305 is amended to read as follows: 25
(1) Any urban -county government or city of the home rule class which finds and 26
declares that there exists abandoned urban property as defined in KRS 132.012 27
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within the urban -county government or city[, or which finds that there exists 1
blighted or deteriorated property pursuant to KRS 99.700 to 99.730,] may levy a 2
separate rate of taxation on abandoned urban property pursuant to KRS 132.012. 3
(2) (a) Prior to levying a tax upon abandoned urban prop erty, the legislative body of 4
the urban-county government or the city of the home rule class shall delegate 5
to[ the vacant properties review commission, if established pursuant to KRS 6
99.710, or] another department or agency of the urban -county or city 7
government[,] the responsibility of determining which properties within the 8
urban-county government or city are abandoned urban properties. 9
(b) A list of abandoned urban properties shall be furnished to the county property 10
valuation administrator prior to th e date fixed for the annual assessment of 11
real property within the county. If a property classified as abandoned urban 12
property is repaired, rehabilitated, or otherwise returned to productive use, the 13
owner shall notify the urban-county government or city which shall, if it finds 14
the property is no longer abandoned urban property, notify the property 15
valuation administrator to strike the property from the list of abandoned urban 16
properties. 17
Section 50. KRS 96.045 is amended to read as follows: 18
(1) A[No] municipality[,] in which there is located an existing electric, water , or gas 19
public utility plant or facility shall not construct or cause to be constructed any 20
similar utility plant or any similar p ublic utility facility duplicating the[such] 21
existing plant or facility or to obtain or acquire any similar public utility plant or 22
facility other than by the purchase of the existing plant or facility [ or by the 23
acquisition of such existing plant or facility by the exercise of the power of eminent 24
domain]. 25
(2) As used in this section, "municipality" means any county, city, and municipal 26
corporation in the Commonwealth of Kentucky, and any board, commission or 27
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agency thereof. 1
(3) All laws and parts of laws in conflict with this section [herewith to the extent of 2
such conflict ]are repealed to the extent of the conflict. 3
Section 51. KRS 96.150 is amended to read as follows: 4
(1) Any city that owns or operates a water supply o r sanitary sewer system may extend 5
the system into, and furnish and sell water and provide sanitary sewers to any 6
person within, any territory contiguous to the city, and may install within that 7
territory necessary apparatus.[; provided,] However, [that ]the extension of a water 8
supply or sanitary sewer system shall not enter into any territory served by an 9
existing water supply or sanitary sewer district unless the[such] district requests the 10
extension of water or sewer services from a city. [ For these pur poses the city or 11
sanitation authority established by an interlocal agreement may condemn or 12
otherwise acquire franchises, rights, and rights -of-way, as private corporations may 13
do.] 14
(2) When extending the system to any person, water district, or water ass ociation, the 15
city may consider the installation of fire hydrants on the extended lines. The city 16
may extend water lines which are incapable of servicing fire hydrants only if the 17
city determines that servicing hydrants is not feasible. The determination s hall 18
include consideration of the incremental costs of adequately sized pipe and 19
associated pumps and towers, and the benefits of real estate development, water 20
sales, the availability of fire protection insurance, and the reduction in fire insurance 21
premiums which may result from the installation of hydrants at specified intervals. 22
When extending lines to a water district or water association, the determination may 23
be made in consultation with the district or association, taking into consideration 24
its[their] fiscal capacity. 25
Section 52. KRS 96.175 is amended to read as follows: 26
Any board operating under [the provisions of ]KRS 96.171 to 96.188 shall have the legal 27
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power and capacity to perform any act not repugnant to law and shall have the express 1
power and capacity to do any and all acts or things necessary or convenient for the 2
carrying out of the purposes of KRS 96.171 to 96.188, including, but not by way of 3
limitation, the following express powers: 4
(1) Acquire property, real and personal, tangible and intangible, necessary or incident 5
to the proper conduct of its business;[.] 6
(2) Operate, maintain, improve , and extend the electric and water plant, and provide 7
electric and water service to any user or consumer within an d without the 8
boundaries of any municipality, and charge and collect reasonable rates therefor;[.] 9
(3) Fix and determine classifications, rates , and charges for services [; provided, 10
however, the rates and charges so fixed and determined at all times shall be] 11
sufficient to produce revenues sufficient to pay all operating expenses, interest, and 12
bond requirements, sinking fund requirements, adequate depreciation reserves, 13
taxes, or payments in lieu of taxes, and reserves for contemplated extensions and 14
improvements;[.] 15
(4) Construct, lease, operate, and control any and all works, lines, buildings , and other 16
facilities across, along , or under any street or public highway, and over any lands 17
which are now or may be the property of the Commonwealth or of any county or 18
municipality within this Commonwealth. The board shall, however, at its own 19
expense, restore a[any such] street or highw ay to its former condition and state as 20
nearly as may be possible and shall not use the same in a manner as to impair its 21
usefulness or to interfere with or obstruct its[the] maintenance[ thereof] . Before 22
exercising these powers , the board shall obtain a p ermit or consent or approval in 23
writing from the governing authority of the municipality, [or ]the fiscal court, or the 24
Department of Highways, having appropriate jurisdiction over the[any and all of 25
such] respective streets or public highways;[.] 26
(5) Accept gifts, grants of property, real or personal, including money, from any 27
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person, municipality, or federal agency, and to accept voluntary and uncompensated 1
services.[; provided,] However, [that ]when engineering services are required by the 2
board, an[no] engineer or firm with which he or she is associated who is engaged in 3
whole or in part in the business of buying or selling any electric or water 4
equipment, machinery, fixtures, materials, supplies, or the sale or purchase of bonds 5
shall not be eligible fo r employment or for any service [whatsoever ] under [the 6
provisions of ]KRS 96.171 to 96.188;[.] 7
(6) Contract debts and borrow money for the improvement and extension of any 8
electric and water plant or for the refinancing of any existing bonded indebtedness 9
on the property or any portion of the property [thereof], issue bonds therefor, 10
provide for the rights of holders of the bonds and to secure the bonds as [hereinafter 11
]provided in this section, and pledge all or any of the net revenue derived from the 12
electric and water plant to the payment of [such ] debts or repayment of money 13
borrowed;[.] 14
(7) The title to any property, real or personal, which the board may acquire shall vest in 15
the municipality for the use and benefit of the electric and water system. The board 16
shall have the power to sell or otherwise dispose of any personal property used or 17
useful in the operation of the electric and water system which may be or become 18
obsolete or otherwise determined by the board not to be necessary in the operation 19
of the electric and water system. Any bill of sale or other instrument of conveyance 20
shall be executed by the chairman of the board and attested by the secretary of the 21
board;[.] 22
(8) Make contracts and execute instruments containing [such ] covenants, terms an d 23
conditions that[as] in the discretion of the board may be proper, necessary , or 24
advisable for the purpose of obtaining loans from any source, or grants, loans , or 25
other financial assistance from any governmental agency; make all other contracts 26
and execute all other instruments as in the discretion of the board may be advisable 27
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in or for the furtherance of the operation, maintenance, improvement , or extension 1
of any electric and water plant and the furnishing of service; and carry out and 2
perform the covenants, terms, and conditions of all such contracts or instruments, as 3
well as all contracts and instruments in existence and effect at the time of the 4
transfer of the property to the board as [herein ]provided in this section;[.] 5
(9) Enter on any lands, wa ters, and premises for the purpose of making surveys, 6
soundings, and examinations in connection with the operation, maintenance, 7
improvement, or extension of any electric and water plant and the furnishing of 8
service,[.] 9
(10) Do all acts and things necessa ry or convenient to carry out the powers expressly 10
given in KRS 96.171 to 96.188, except sell, convey, or mortgage the real property. 11
(11) Make any contracts necessary or convenient for the full exercise of the powers 12
[herein ]granted in this section, including, but not limited to, contracts for either the 13
purchase or sale or both the purchase and sale of electric energy or power; and, in 14
connection with any such contract with a governmental agency, the board may 15
stipulate and agree to [such ] covenants, terms, and conditions as it deems 16
appropriate, including, but without limitation, covenants, terms, and conditions with 17
respect to the resale rate, financial and accounting methods , and the manner of 18
disposing of the revenues or any part of reve nues[thereof] derived from the 19
operation of the plant as [herein ]provided in this section;[.] 20
(12) Acquire by purchase [or the exercise of eminent domain all ] lands, easements, 21
rights of way, either upon or under or above the ground, reasonably necessary or 22
desirable in connection with the operation, maintenance or extension of an electric 23
and water plant. 24
(13) [The board shall have the power to ] Accept [the provisions of ] and conduct its 25
operations under the [provisions of the ] Kentucky Workers' Compensat ion Act ; 26
and[.] 27
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(14) [The board shall have the power to ] Establish, create, provide , and maintain a 1
pension plan for its employees, and to pay out of operating revenues, as an 2
operating expense, a[such] portion of the cost of the creation and maintenance o f 3
the[such] pension plan as may be properly payable by the board. 4
Section 53. KRS 96.182 is amended to read as follows: 5
(1) Subject to the provisions of outstanding bonds and contracts, the board shall apply 6
all funds derived from operations to: 7
(a) [(1) to ]The payment of operating expenses;[, ] 8
(b) [(2) to ]The payment of bond interest and retirement;[, ] 9
(c) [(3) to ]Sinking fund requirements;[, ] 10
(d) [(4) to ]The maintenance of a fund to meet depreciation and the improvements 11
and extension of the plant in an amount equal to six percent (6%) of the 12
undepreciated book value of its property;[, ] 13
(e) [(5) to ] The maintenance of a cash working fund equal to one (1) month's 14
revenue;[, ] 15
(f) [(6) to ] The payment of other obligations incurred in the operation and 16
maintenance of the plant and the furnishing of service;[, ]and 17
(g) [(7) such ]Taxes, if any, as the board may elect to pay under [the provisions of 18
]KRS 96.179.[, and ] 19
(2) Any surplus revenues at the end of any twelve (12) months ending June 30 shall be 20
transferred to the sinking fund [,] and used by the board only for the redemption or 21
purchase of outstanding bonds, in which case those[such] bonds shall be can celed, 22
or for the creation and maintenance of a cash working fund, or the creation and 23
maintenance of a fund for improvement and extension of the system, or for the 24
reduction of rates, or the board, after the original cost of the property has[shall 25
have] been fully paid and satisfied may, in its sole discretion, use, apply, and pledge 26
all or a part of the[such] surplus revenues for the acquisition, construction, 27
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maintenance, improvement, addition to, and operation of any ["]public project["] as 1
[the same is ]defined in [ subsection (1) of] KRS 58.010, or for the purpose of 2
purchasing, paying, retiring, guaranteeing the payment of , or underwriting revenue 3
bonds issued by the city or any of its agencies [agency thereof] to finance the 4
acquisition, construction, maintenance, improvement, addition to , and operation of 5
any [such "]public project,["] which ["public project" ] shall be located within the 6
territory served by the board.[; ] 7
(3) The board is hereby vested with all of the powers, duties , and responsibiliti es 8
delegated and granted to a ["]governmental agency ["] under KRS 58.020 to 9
58.130[58.140], both inclusive .[; provided,] However, [that ] the acquisition or 10
construction of any ["]public project[" as above defined,] shall be first approved by 11
the common council before the [such "]public project["] is undertaken. 12
Section 54. KRS 96.537 is amended to read as follows: 13
(1) The legislative body of any city operating a municipal system f or the acquisition 14
and distribution of natural gas may [,] by ordinance [,] authorize the issuance of 15
revenue bonds to pay all or any part of the costs of any project for the improvement 16
or extension of the system, or for obtaining new sources of supply. 17
(2) The revenue bonds may be sold and issued in the manner provided for the sale and 18
issuance of revenue bonds under[ the provisions of] KRS 58.010 to 58.130[58.140], 19
58.150, 58.155, and 58.180, including by negotiated sale, or, upon a determination 20
of a leg islative body, acting upon the advice of the city attorney or city solicitor, 21
that the proposed bonds will be industrial development bonds within the meaning of 22
federal statutes, the revenue bonds, whether or not exempt from federal income 23
taxation, may be sold in any manner provided for the sale of industrial building 24
revenue bonds under [the terms of ] KRS 103.200 to 103.285, inclusive; provided, 25
however, that: 26
(a) The contract with the private corporation which is deemed to give rise to the 27
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federal classification of industrial development bonds need not take the form 1
of a lease agreement;[, and ] 2
(b) A[No] request in writing from any contracting private corporation shall not be 3
required for any negotiated sale;[,] and[ provided, further, that ] 4
(c) In the event of a negotiated sale, a report of negotiations shall be made to a 5
consultant [who shall be ] employed by the city to make a recommendation to 6
the legislative body on the adequacy of the[such] negotiations and of the 7
terms of sale in the light of market conditions. 8
(3) [The provisions of ] KRS 424.360 shall not apply to any negotiated sale under this 9
section. 10
Section 55. KRS 96.5375 is amended to read as follows: 11
(1) Subject to the limitations of subsection (3)[(4)] of this section and KRS 96.045 and 12
96.538, any city that owns and operates a municipal system for the acquisition, 13
distribution, or transmission of natural gas may extend the system into and furnish 14
and sel l natural gas to any person or entity within the boundaries of the city or 15
within any territory outside of the city's boundaries. In exercising the authority 16
provided by this subsection, the city may install the necessary apparatus to provide 17
natural gas distribution or transmission service and may also [condemn or otherwise 18
]acquire rights -of-way as private utilities may do. [The provisions of ] This 19
subsection shall apply to all cities of this Commonwealth transporting or 20
distributing natural gas as well a s any of its boards, commissions, or 21
agencies[board, commission, or agency thereof]. 22
(2) [A city, other than a city of the first class or a consolidated local government, may 23
acquire the entire plant of an existing natural gas distribution system only unde r the 24
same process and subject to the same limitations established by KRS 96.580, 25
96.590, and 96.600. 26
(3) No ] Property owned or operated by an existing natural gas distribution system 27
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located within the Commonwealth shall not [may] be condemned by a city fr om 1
another state. 2
(3)[(4)] A natural gas utility, which [,] for purposes of this subsection [,] means a 3
public, private, or municipally owned gas utility distributing or transporting natural 4
gas to customers within this Commonwealth, shall not: 5
(a) Extend its system for the purposes of furnishing or selling natural gas to any 6
person or entity that is currently being served by another natural gas utility; or 7
(b) Extend its system to furnish or sell natural gas to any person or entity when 8
there is another natural gas utility in closer proximity to the person or entity to 9
be served, unless the natural gas utility in closer proximity has declined to 10
provide service. 11
(4)[(5)] [The provisions of ] Subsection (3)[(4)] of this section shall only apply to 12
extension of service issues between a municipally owned natural gas utility 13
servicing customers located outside its municipal boundaries and a private or 14
investor-owned natural gas utility. The term "municipally owned" shall include 15
systems distributing or transporting natural gas that are owned by a city from 16
another state. 17
Section 56. KRS 96.541 is amended to read as follows: 18
As used in KRS 96.542 to 96.546, the term "acquire" means constructing or 19
acquiring[shall mean and include construct, acquire] by purchase, [by ]lease, devise, gift, 20
or [the exercise of the right of eminent domain in the manner now or hereafter provided 21
by law for the exercise thereof and acquisition by ]any other mode. 22
Section 57. KRS 96.542 is amended to read as follows: 23
[(1) ]Any city may acquire, maintain , and operate an artificial gas system, together with 24
extensions and necessary appurtenances thereto within or without the limits of the city.[ 25
(2) If any such artificial gas system is acquired from a company having a franchise, 26
such system may be acquired under the provisions of the Eminent Domain Act of 27
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Kentucky, except as otherwise provided in KRS 96.543 to 96.546 and 96.600. ] 1
Section 58. KRS 96.550 is amended to read as follows: 2
As used in KRS 96.550 to 96.900, unless the context requires otherwise: 3
(1) "Acquire" means constructing or acquiring [shall mean and include construct, 4
acquire] by purchase, [by ]lease, devise, gift, or [the exercise of the right of eminent 5
domain in the manner now or hereafter provided by law for the exercise thereof and 6
acquisition by ]any other mode;[.] 7
(2) "Board" means[shall mean] a board of public utilities established pursua nt to KRS 8
96.740;[.] 9
(3) "Bonds" means[shall mean] either general obligation bonds or revenue bonds;[.] 10
(4) "Constitution" means[shall mean] the Constitution of Kentucky;[.] 11
(5) "Electric plant" means[shall mean and include] any plant, works, systems, facilities, 12
and properties , [(]including poles, wires, stations, transformers, and any and all 13
equipment and machinery [)], together with all parts thereof and appurtenances 14
thereto, used or useful in the generation, production, transmission, or distribution of 15
energy;[.] 16
(6) "Energy" means[shall mean and include] any and all electric energy no matter 17
where or how generated, produced, transmitted, or conveyed;[.] 18
(7) "Electric service" means[shall mean] the furnishing of electric power and energy 19
for any purpose for which electric power and energy can be used;[.] 20
(8) "General obligation bonds" means[shall mean] direct or general obligations of any 21
municipality, issued within the limits and subject to[ the provisions of] Sections 157 22
and 158 of the Constitution;[.] 23
(9) "Governing body" means[shall mean] the board, council, commission, fiscal court, 24
or other general governing body of the municipality;[.] 25
(10) "Governmental agency" includes the United States, the President, the federal works 26
agency, the federal lendi ng agency, Tennessee Valley Authority, or any other 27
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similar agency, instrumentality, or corporation of the United States, or of Kentucky 1
or any political subdivision thereof, created by or pursuant to any Act of Congress 2
or by state legislation;[.] 3
(11) "Improve" means to [shall mean and include] construct, reconstruct, improve, 4
extend, enlarge, alter, better, and repair;[.] 5
(12) "Improvement" means[shall mean] any improvement, extension, betterment, or 6
addition to any electric plant;[.] 7
(13) "Law" means[shall mean] any statute of this state;[.] 8
(14) "Mayor" means:[shall mean] 9
(a) The mayor of: 10
1. Any class city unless there is[be] a city manager, in which case[then] it 11
means the[shall mean] city manager;[,] or 12
2. A consolidated local government; or 13
(b) The county judge/executive of any county ;[. "Mayor" shall also mean the 14
mayor of a consolidated local government.] 15
(15) "Municipality" means[shall mean] any county, city, consolidated local government, 16
or municipal corporation of any and every class in the Commonwealth of 17
Kentucky;[.] 18
(16) "Revenue bonds" means[shall mean] obligations payable solely from the revenues 19
derived from the operation of an electric plant , and those[such] bonds shall not 20
constitute an indebtedness of any municipality within the meaning [of the 21
provisions ]or limitations of the Constitution; and[.] 22
(17) "Net revenues" means[shall mean] revenues remaining after payments of: 23
(a) All payments provided for herein to be made to the state, county, school or 24
other taxing district; 25
(b) The payments of salaries[,] and premiums on bonds of officers and employees 26
of the board; and 27
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(c) All other ordinary and necessary oper ating expenses of the board in the 1
operation of the electric plant, including reserves for depreciation. 2
Section 59. KRS 96.640 is amended to read as follows: 3
(1) Before any municipality shall have authority to: 4
(a) Construct or cause to be constructed an electric plant;[, ] 5
(b) Acquire an electric plant by purchase; or[, ] 6
(c) [institute condemnation proceedings for acquiring by eminent domain an 7
electric plant, or 8
(d) ]Issue revenue bonds for the construction, purchase , or acquisition of an electric 9
plant;[, ] 10
the question shall be submitted to the qualified voters of the municipality as 11
[hereinafter in this section ]provided in this section. 12
(2) (a) Before any municipality shall be authorized or empowered to purchase or 13
establish and thereafter operate an electric plant, or to issue bonds therefor, 14
the legislative body of the[such] municipality shall pass an ordinance 15
declaring it desirable that the m unicipality shall purchase or construct and 16
operate a municipal electric plant, and if it is proposed to construct an[such] 17
electric plant, the board shall cause an engineer or engineers duly qualified 18
and licensed under the laws of this Commonwealth [(a) ]to: 19
1. Prepare the necessary and proper plans and specifications for the 20
construction of the electric plant;[, (b) ] 21
2. Select the location therefor;[, (c) ] 22
3. Determine the size, type, and method of construction;[ thereof, (d) ] 23
4. Make the necessary e stimates of the cost of construction and of the 24
acquisition of the land and rights of way;[,] and[ (e) a] 25
5. Survey [of ] all lands, structures, rights of way, franchises , and 26
easements, the acquisition of which is deemed necessary by the[said 27
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]engineers and the board for the construction and operation of the[such] 1
municipal electric plant, all of which shall be approved by the board [; 2
and, Provided further, That ] 3
(b) The question of whether or not revenue bonds shall be issued to provide for 4
the payment of the cost of the electric plant[thereof] shall be submitted to the 5
qualified voters of the[such] municipality at the next regular November 6
election to be held in that[said] municipality if the ordinance is certified to the 7
county clerk not later than the second Tuesday in August preceding the next 8
regular election. The mayor shall certify the[such] ordinance to the county 9
clerk, who shall have prepared to be placed before the voters in the general 10
November election, the question: "Are you in favor of the city constructing 11
and operating a municipal electric plant in accordance with the plans and 12
specifications adopted by the Electric Plant Board of _________ (here insert 13
name of municipality) and the issuance of revenue bonds in the maximum 14
amount of $_______ (here insert maximum total face amount of bonds 15
estimated by the board to be necessary to pay the cost of such plant, based 16
upon the estimate hereinabove provided)." The voters shall respond to the 17
question by voting "Yes" or "No". 18
(3) The mayor of the[such] municipality shall advertise the[such] election and its[the] 19
object [thereof ]by publication pursuant to KRS Chapter 424, and also by printed 20
handbills posted in not less than four (4) conspicuous places in each voting precinct 21
in the municipality and at the courthouse door. All legal voters of such municipality 22
shall be privileged to vote at the[such] election. The city shall have no authority to 23
construct a municipal electric plant[,] or to issue revenue bonds unless a majority of 24
all the qualified voters voting in the[said] election on this question vote in favor of 25
construction[thereof]. 26
(4) Any contract of a municipality for the purchase of an electric plant shall be 27
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conditioned upon the approval of the qualified voters of the municipality at an 1
election held at the time and in the manner provided in subsections (2) (b) and (3) of 2
this section, except that the clerk shall have prepared to be placed before the voters 3
the following question: "Are you in favor of the City of ________ purchasing from 4
_________ (insert the name of owner or owners) an electric plant at the price of 5
$_________ (herein insert the amoun t of the agreed purchase price) and the 6
issuance of revenue bonds in the amount of $_______ (herein insert total face 7
amount of bonds required to pay the agreed purchase price)." The voters shall 8
respond to the question by voting "Yes" or "No". 9
(5) [Before any municipality shall be authorized or empowered to institute 10
condemnation or eminent domain proceedings to acquire an electric plant, the 11
legislative body of such city shall pass an ordinance declaring it desirable that the 12
municipality shall acquire by condemnation an electric plant, and shall describe in 13
the ordinance the property which it deems necessary to be acquired, and there shall 14
be submitted, in the manner provided in subsections (2) and (3) of this section, to 15
the qualified voters of the munic ipality at the next regular November election, the 16
following question: "Are you in favor of the City of _________ (here insert name 17
of city) acquiring an electric plant by the exercise of the power of eminent domain 18
and the issuance of revenue bonds in an amount sufficient to pay the entire damages 19
and costs of such acquisition." The voters shall respond to the question by voting 20
"Yes" or "No". 21
(6) No ] A municipality or board shall not have authority to purchase, construct, or 22
acquire[, or to institute cond emnation proceedings for acquiring] an electric plant, 23
or to issue revenue bonds or other obligations or evidences of indebtedness for the 24
payment of the costs of the electric plant [thereof] unless a majority of all the 25
qualified voters voting in the[said] election on the question vote in favor of 26
construction[thereof]. Elections held pursuant to [the provisions of ]KRS 96.550 to 27
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96.900 shall be governed by the laws of this state relative to elections to the extent 1
that such laws are not inconsistent with this section[herewith]. 2
Section 60. KRS 96A.060 is amended to read as follows: 3
(1) Regular meetings of the board shall be held at least once in each calendar month, at 4
a[such] time and place [as may be ]fixed by the board as a matter of record. Special 5
meetings of the board may be called by the chairman or any two (2) members of the 6
board upon oral or written notice to all members at least forty -eight (48) hours in 7
advance. Each notice of a special meeting shall state the time, place, and purpose or 8
purposes of the meeting[thereof]. Notice may be waived by any member, orally or 9
in writing, before, at , or after a[such] special meeting; and the presence of any 10
member at any [such] special meeting shall constitute a waiver of any defect of 11
notice, unless the[such] member shall cause it to appear of record that his or her 12
attendance is only for the purpose of objecting to any deficiency in the notice or the 13
time or manner of giving the notice[same]. 14
(2) A majority of the members of the board shall constitute a quorum for the 15
transaction of business, but a smaller number may adjourn [from time to time, ] and 16
may compel the attendance of absent members in a[such] manner and under [such 17
]penalties as the authority may provide for in [previously have provided for, 18
according to] its bylaws. The affirmative vote of a majority of a quorum shall be 19
necessary for the adoption of any motion, measure , or resolution. Passage of any 20
motion, measure, or resolution may be by voice vote, provided: 21
(a) At the request of any member the yea and nay votes shall be recorded upon 22
call of the roll;[,] and 23
(b) A voting [Such] record shall be made in all proceedings involving any 24
adjustment of rates and charges for use of the services and facilities of the 25
mass transportation system of the authority, [ authorization of proceedings to 26
acquire property through exercise of the power of eminent domain,] the 27
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issuance of revenue bonds or mortgage bonds of the authority, a request that 1
general obligation bonds be iss ued by any public body for the benefit of the 2
authority, or approval and authorization of any lease agreement wherein the 3
authority is the lessor and a public body or public bodies , [(]or any 4
combination of those,[thereof)] may be the lessee or lessees, as provided in 5
this chapter. 6
Section 61. KRS 96A.080 is amended to read as follows: 7
(1) A transit authority may establish mass transportation within its transit area and 8
adjoining areas [,] but may not inaugurate service in direct competition with any 9
existing certificated carrier. 10
(2) In addition to the power conferred upon an authority by this chapter, an authority 11
may acquire real or personal property, easements, franchises, bus certificates, or 12
other rights by any lawful means necessary to its operation of any existing mass 13
transit system within its transit area and adjoining areas, provided that having 14
acquired an existing transit system it shall not thereafter inaugurate service in direct 15
competition with any other existing certificated carrier. 16
(3) [An authority may, if unable to contract or agree with the owner or owners thereof, 17
acquire real and personal property, franchises, bus certificates, easements and other 18
rights when necessary in and to the accomplishments of the public purposes of the 19
authority, through exercise of the power of eminent domain; provided, however, 20
that in acquiring any private bus company pursuant to this section, the authority 21
may not do so piecemeal but shall acquire the entire system includin g that which 22
may be outside the area then included within the authority. An authority shall not 23
condemn any real and personal property, franchises, bus certificates, easements and 24
other rights of a private bus company the majority of whose passengers move 25
between termini without the transit area. Any exercise of such power shall be 26
initiated by resolution of the board of the authority identifying the properties or 27
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rights to be acquired, reciting the board's determination that acquisition by such 1
means is ne cessary, and authorizing initiation of proceedings as required by law; 2
and such resolution of the board of the authority shall not be conclusive of such 3
determination but shall be subject to the approval of the fiscal court or courts of the 4
county or counties in which the property sought to be condemned is located. 5
(4) Proceedings in the exercise of the power of eminent domain herein vested in an 6
authority shall, except where inconsistent with this chapter, be such as are 7
prescribed for the Department of Hi ghways by the Eminent Domain Act of 8
Kentucky, and as the same may be amended and supplemented from time to time. 9
All such proceedings shall be governed by the provisions of the Rules of Civil 10
Procedure except where the provisions of this chapter or of the Eminent Domain 11
Act of Kentucky specifically or by necessary implication provide otherwise. If a 12
privately owned mass transportation system, or other property sought to be acquired 13
by an authority, shall have been acquired or improved in whole or in part at the 14
expense of the authority, the cost and value of such acquisitions and improvements 15
shall be excluded in any proceedings to establish the fair value thereof. 16
(5) ]During any period when negotiations for the purchase of a mass transit system are 17
in progress,[ and/or during any period when proceedings for acquisition of a mass 18
transportation system through exercise of the power of eminent domain may be 19
pending,] an authority may make reasonable subsidy payments to the owner or 20
owners of the[such] mass tra nsit system if [,] in the judgment of the board of the 21
authority[, such] subsidy payments are necessary in order to give reasonable 22
assurance that there will be no substantial reduction of transportation service to the 23
public. [Such ]Subsidy payments may be made by an authority from any resources 24
available to it, or from appropriations made or agreed to be made to it by any public 25
body having an interest in the preservation of mass transit service to the public; and 26
if bonds are ultimately issued for the pur chase or other acquisition of the[such] 27
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mass transit system, the aggregate amount of the[such] subsidy payments may be 1
included as a part of the cost of acquisition and made payable from the proceeds of 2
the[such] bonds. An[In no event, however, shall any] action on the part of a board 3
of an authority in this connection shall not create an indebtedness of the authority 4
beyond its available resources or the[such ] appropriations or [the ] proceeds of 5
[such] bonds, if and when bonds are issued. 6
Section 62. KRS 97.250 is amended to read as follows: 7
(1) The department of public parks and recreation of any city of the first class shall 8
exercise all of the powers and perform all of the functions and duties of any former 9
board of park commissioners of the city, except as otherwise provided by law or by 10
KRS 97.250 to 97.255[97.257]. The agents and employees of the department of 11
public parks and recreation, except as provided herein, shall be employed and 12
governed in accordance with the merit system, as provided by any law or 13
amendments thereof, and any rules and regulations issued pursuant thereto, 14
authorizing, creating and governing any city board or commission empowered to 15
administer and enforce civil service laws, rules and regulations in and for the city. 16
(2) The department of public parks and recreation of any city of the first class shall be 17
under the supervision and direction of a director to be designated director of parks 18
and recreation, and shall have exclusive directi on, supervision and control of all 19
park property, as herein defined, except as otherwise provided by law or by KRS 20
97.250 to 97.255[97.257] or by ordinance of the legislative body of said city; and 21
shall provide for and supervise all public amusements and recreation in parks, 22
playgrounds, and community centers. The director of the department may adopt 23
rules and regulations for the reasonable and proper use, management and control of 24
public park, playground and community center property, and may organize the 25
department for administrative purposes into the divisions necessary for the proper 26
conduct of the business of said department, and appoint heads or chiefs of the 27
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divisions, who, under the supervision and control of the director, shall have the 1
direction of such divisions. 2
Section 63. KRS 97.253 is amended to read as follows: 3
(1) The employees of any former board of park commissioners in any city of the first 4
class, except the special park police, shall be employed by and continued in the 5
service of the department of public parks and recreation. The employees, except as 6
[herein ]provided in this section , are subject to any law or amendments thereof, or 7
any rules and regulations issued pursuant thereto, governing any city b oard or 8
commission empowered to administer and enforce civil service laws, rules , and 9
regulations in and for the city, it being the intent and purpose of KRS 97.250 to 10
97.255[97.257] to make those[such] laws, rules, and regulations applicable to the 11
offices, positions, and places of employment in the department of public parks and 12
recreation. 13
(2) The following offices, positions, and places of employment in the department of 14
public parks and recreation, to wit: director of parks and recreation, private 15
secretary to the director, golf professionals, golf greensmen, checkers, countermen, 16
locker attendants, caretakers, janitors, janitresses, laundresses, cleaners, tractor and 17
truck drivers, teamsters and stablemen, and laborers, are hereby specifically 18
excepted from the [provisions of the ] civil service law, rules , and regulations. The 19
foregoing excepted offices, positions, and places of employment, except the office 20
of director, may hereafter be placed in the classified service, under the law, by the 21
legislative body of the city by ordinance. 22
Section 64. KRS 97.680 is amended to read as follows: 23
The commission may acquire, by gift, purchase, or lease[ or condemnation,] any real or 24
personal property situated wholly within the c ity or county, or any interest, franchise, 25
easement, right , or privilege in the city or county, of any buildings, tools, machinery, 26
materials, or supplies that may be required for the purpose of furnishing, maintaining or 27
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operating the memorial. [ The proce edings for condemnation shall be conducted in the 1
name of the commission in the method prescribed by the Eminent Domain Act of 2
Kentucky.] All property acquired by the commission shall be held, used , and controlled 3
by it for the purposes named in KRS 97.630 to 97.780. 4
Section 65. KRS 98.090 is amended to read as follows: 5
(1) The commission may: 6
(a) Make [such ] preliminary investigations and do [such ] preliminary work as 7
should[,] in its judgment [,] precede the actual construction of the building or 8
improvement;[. ] 9
(b) Determine upon a proper site for the building or improvement. If the city 10
owns a public building, that site, as it exists or as enlarged by the acquisition 11
of adjacent property recomm ended by the commission, shall be used unless 12
the commission determines that it is unsuitable for the purpose and 13
recommends to the mayor the acquisition of another site. The mayor shall 14
submit the recommendation to the legislative body for approval. The n ew site 15
shall be adopted only upon the approval of the change by legislative 16
resolution approved by the mayor. In the event the existing building on the old 17
site is to be abandoned, the old site may be sold and the proceeds applied to 18
the purchase of the new site;[. ] 19
(c) Provide accommodations for patients or inmates of the existing public 20
building while the new building is in course of erection and furnishing. The 21
legislative body may, out of its levy for the department having supervision of 22
public[such] buildings, assume the whole or part of the expense of providing 23
[such ]temporary accommodations;[. ] 24
(d) Establish and enforce reasonable rules and regulations for its own government 25
and for the supervision, protection, management , and conduct of its work and 26
the payment therefor as it deems expedient;[. ] 27
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(e) Purchase, hire , or otherwise obtain the use of any[such] lands, buildings, 1
machinery, supplies, materials and working agencies as it needs for its 2
purposes;[. ] 3
(f) Acquire by gift, purchase, or lease[ or condemnation] , any property situated 4
within the city or county where the city is located, or any interest or privilege 5
in the property, required for the building or improvement. [ The method of 6
condemnation shall be the same as in the Eminent Domain Act of Kentucky. ] 7
(2) The enumeration of special powers in this section does not restrict the general 8
powers of the commission to carry out the purposes of KRS 98.040 to 98.170. 9
Section 66. KRS 99.010 is amended to read as follows: 10
[(1) ]The following terms, whenever used or referred to in KRS 99.010 to 99.310 shall, 11
unless a different intent clearly appears from the context, be construed as follows: 12
(1)[(a)] "Area" means a portion of a city which a planning commission ha s found or 13
shall find to be substandard or insanitary, so that its[the] clearance, replanning, 14
rehabilitation, or reconstruction [thereof ]is necessary or advisable to effectuate the 15
public purposes declared in KRS 99.020. An area may include any buildings or 16
improvements not in themselves substandard or insanitary, and any real property, 17
whether improved or unimproved, the inclusion of which is deemed necessary for 18
the effective clearance, replanning, reconstruction, or rehabilitation of the area of 19
which those[such] buildings, improvements, or real property form a part; 20
(2)[(b)] "City" means and is deemed to relate to any city of the first class, a city with a 21
population of fifteen thousand (15,000) or more based upon the most recent federal 22
decennial census, or urban-county government in the Commonwealth of Kentucky; 23
(3)[(c)] "Development" means a specific work, repair, or improvement to put into 24
effect a development plan. The term includes the real property, buildings, and 25
improvements owned, constructed, managed, or operated by a redevelopment 26
corporation; 27
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(4)[(d)] "Development area" means that portion of an area to which a development 1
plan is applicable; 2
(5)[(e)] "Development cost" means the amount determined by the supervising agency 3
to be the actual cost of the development, or of the part of the amount [thereof] for 4
which the[such] determination is made, and includes, among other costs, the 5
reasonable costs of planning the development, including preliminary studies and 6
surveys, neighborhood planning, and architectural and engineering services, the 7
reasonable value of the serv ices performed by or for the incorporators of a 8
redevelopment corporation in connection with the development plan prior to the 9
time when the redevelopment corporation was incorporated or became a 10
redevelopment corporation, fees for acquisition costs, the c osts of financing the 11
development, including carrying charges during construction, working capital in an 12
amount not exceeding five percent (5%) of development cost, the actual cost of real 13
property or any part of a property [thereof] where acquired partly o r wholly in 14
exchange for securities, then, an amount which shall be approved by the supervising 15
agency as being equal to the reasonable value of the real property acquired [ 16
therefor], the actual cost of demolition of existing structures, the actual cost of 17
utilities, landscaping, and roadways, the actual cost of construction, equipment, and 18
furnishing of buildings and improvements, including architectural, engineering and 19
builder's fees, the actual cost of reconstruction, rehabilitation, remodeling, or init ial 20
repair of existing buildings and improvements, reasonable management [,] and 21
operation costs until the development is ready for use, and the actual cost of 22
improving that portion of the development area which is to remain as open space, 23
together with any[such ] additions to development cost that[as shall] equal the 24
actual cost of additions to or changes in the development in accordance with the 25
original development plan or after approved changes in or amendments to the 26
plan[thereto]; 27
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(6)[(f)] "Development plan" means a plan for the redevelopment of all or any part of 1
an area, and includes any amendments [thereto ]approved in accordance with [the 2
requirements of ]KRS 99.070; 3
(7)[(g)] "Local legislative body" means the board of aldermen or other board or bod y 4
vested by the charter of the city or other law with jurisdiction to adopt or enact 5
ordinances or local laws; 6
(8)[(h)] "Mortgage" means a mortgage, trust indenture, deed of trust, building and 7
loan contract, or other instrument creating a lien on real pro perty, and the 8
indebtedness secured by each of them; 9
(9)[(i)] "Neighborhood unit" means a primarily residential district having the 10
facilities necessary for well -rounded family living, such as schools, parks, 11
playgrounds, parking areas, and local shopping districts; 12
(10)[(j)] "Planning commission" means the official bureau, board, planning and zoning 13
or other commission, or agency of the city or city and county authorized to prepare, 14
adopt, and amend or modify plans for the development and improvement of th e city 15
generally; 16
(11)[(k)] "Supervising agency" means the director of finance or any [such] other person 17
or city agency [as may be ] authorized by the local legislative body under KRS 18
99.090; 19
(12)[(l)] "Real property" includes lands, buildings, improvement s, land under water, 20
waterfront property, and any and all easements, franchises, and hereditaments, 21
corporeal or incorporeal, and every estate, interest, privilege, easement, franchise, 22
and right in[therein,] or appurtenant to real property [thereto], legal or equitable, 23
including rights -of-way, terms for years and liens, charges, or encumbrances by 24
mortgage, judgment, or otherwise; 25
(13)[(m)] "Redevelopment" means the clearance, replanning, reconstruction, or 26
rehabilitation of a substandard or insanitary are a, and the provision of [such 27
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]industrial, commercial, residential, or public structures and spaces that[as] may be 1
appropriate, including recreational and other facilities incidental or appurtenant 2
thereto; 3
(14)[(n)] "Redevelopment corporation" means a co rporation organized pursuant to the 4
corporation laws of the Commonwealth of Kentucky whose articles of 5
incorporation shall comply with [the requirements of ]KRS 99.100 to 99.130; and 6
(15)[(o)] "State" means the Commonwealth of Kentucky.[ 7
(2) "Owner" as use d in KRS 99.220 to 99.240, includes a person having an estate, 8
interest, or easement in the real property to be acquired or a lien, charge, or 9
encumbrance thereon.] 10
Section 67. KRS 99.210 is amended to read as follows: 11
(1) A redevelopment corporation may, whether before or after the certificates of 12
approval of its development plan required by KRS 99.040 to 99.060 have been 13
issued, acquire real property or secure options in its own name or in the name of 14
nominees to acquire real property, by gift, grant, lease, purchase or otherwise. 15
(2) [Such city may, upon request by a redevelopment corporation, and after a certificate 16
of approval of condemnation with respect to the real property in question has been 17
issued pursuant to KRS 9 9.220, acquire, or obligate itself to acquire, for such 18
redevelopment corporation, any real property included in such certificate of 19
approval of condemnation, by condemnation. Real property acquired by such city 20
for a redevelopment corporation shall be con veyed by such city to the 21
redevelopment corporation upon payment to the city of all sums expended or 22
required to be expended by the city in the acquisition of such real property. 23
(3) ]In connection with the activities and projects of redevelopment corporat ions, the 24
city may apply for, receive, and accept grants -in-aid, gifts, credits, and all other aid 25
and in all forms, whether similar to or dissimilar from those particularly 26
enumerated, from the federal government, which embraces the United States of 27
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America, its agencies and instrumentalities, or from the Commonwealth of 1
Kentucky, its agencies and instrumentalities or from both, under any[such] lawful 2
contracts, terms, and conditions, as may be agreed upon. 3
(3)[(4)] In order to further the accomplishment o f the purposes of KRS 99.010 to 4
99.310, and in addition to the powers heretofore or which may hereafter be granted 5
to it, the city may, as an alternate method of acquiring by gift [,] or purchase,[ or 6
condemnation,] and selling and transferring real propert y to a redevelopment 7
corporation, by ordinance or ordinances, proceed as follows: 8
(a) [From time to time ] Designate an area within the[such] city as under 9
consideration for development under [the provisions of ] KRS 99.010 to 10
99.310 and provide for consulta tion with and aid from any and all city 11
departments, commissions, officers, employees, agencies, and 12
instrumentalities, relating to the initiation of the project;[.] 13
(b) Apply for and receive gifts, grants, credits, and obtain loans for the 14
accomplishment of each development or developments generally, and obligate 15
the[such] city to supervise the application of those[such ]funds for that[such 16
]purpose or purposes, and also accept gifts, grants, conveyances , and 17
leaseholds within the[such] area or areas, and to provide funds, where 18
necessary, to obtain gifts, grants, credits , or loans from the federal 19
government, its agencies and instrumentalities, or from the Commonwealth of 20
Kentucky, its agencies and instrumentalities, or from both or any other agency 21
under any[such] lawful contracts, terms and conditions as may be agreed 22
upon;[.] 23
(c) Appropriate funds acquired under paragraph (b) of this subsection or by 24
taxation for the acquisition of all or any part or parts of the property in each 25
[such ]area for development under KRS 99.010 to 99.310 by purchase[ and by 26
condemnation], and for the clearance of all or any part or parts of the property 27
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owned by or thus acquired by the[such] city;[. Such condemnation shall be 1
under the provisions of KRS 99.010 to 99.310, but the city may waive request 2
for condemnation or deposit or obligation to furnish the funds, as set out in 3
KRS 99.230.] 4
(d) 1. Advertise for the submission of development plans for a[such] 5
designated area by a redevelopment corporation under [the provisions of 6
]KRS 99.010 to 99.310, the application for which shall [therefor to] be 7
accompanied by a bid for the[such] lands and estates in the designated 8
area that[therein as] the city owns or ma y obligate itself to purchase, or 9
otherwise acquire and lease, sublease, sell, or convey to the 10
redevelopment corporation, provided a plan is submitted and is finally 11
accepted and approved under [the provisions of ]KRS 99.010 to 99.310. 12
2. If more than on e (1) plan and bid is submitted for any one (1) project 13
[thus ] advertised under subparagraph 1. of this paragraph , then the 14
plan and bid that together would prove most beneficial to the city in 15
accomplishing the purposes of KRS 99.010 to 99.310 shall be su bmitted 16
for approval under the terms of KRS 99.010 to 99.310, but the city may 17
reject any and all applications, bids , and plans. The[Said] city shall be 18
the sole judge as to which plan is the most beneficial. The[Such] 19
advertisement shall clearly describe the area under consideration for 20
development, the part or parts of the area[thereof] owned by the city or 21
which it will acquire, [and ] the estates in each parcel that is being 22
offered for sale, and the terms and conditions, and shall be published 23
pursuant to KRS Chapter 424. 24
(e) The terms of the bid for [such ]land or lands or leaseholds may be for all cash, 25
or part cash and part on time, or all on time, with or without interest, and with 26
or without lien retained. Any term of payment shall not be for a peri od 27
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exceeding five (5) years from the date of completion of the project. 1
(f) As a further inducement, the terms of the bid may provide for a discount not 2
exceeding ten percent (10%) a year on the[such] bid for each year, not 3
exceeding five (5) years, if[in event] the development during each of those 4
years[such year] is in accordance with the development plan. 5
Section 68. KRS 99.250 is amended to read as follows: 6
(1) When title to real property has vested in a redevelopment corporation or city by 7
gift, grant, devise, purchase , or otherwise, [or in the city by condemnation 8
proceedings or otherwise, ] the redevelopment corporation or city, as the case may 9
be, may agree with the previous owners of the[such] property, or any tenants 10
continuing to occupy or use it, or any other persons who may occupy or use or seek 11
to occupy or use the[such] property, that the[such] former owner, tenant , or other 12
person may occupy or use the[such] property upon the payment of a fixed sum of 13
money for a definite term or upon the payment periodically of an agreed sum of 14
money. The[Such] occupation or use shall not be construed as a tenancy from 15
month to month, nor r equire the giving of notice by the redevelopment corporation 16
or the city, as the case may be, for the termination of the[such] occupation or use or 17
the right to the[such] occupation or use, but immediately upon the expiration of the 18
term for which payment has been made the redevelopment corporation or city, as 19
the case may be, shall be entitled to possession of the real property and may 20
maintain summary proceedings by forcible detainer or otherwise, and shall be 21
entitled to any[such] other remedy [as may be ]provided by law for obtaining 22
immediate possession of the real property[thereof]. A former owner, tenant or other 23
person occupying or using the[such] property shall not be required to give notice to 24
the redevelopment corporation or city, as the case may be, at the expiration of the 25
term for which he or she has made payment for the[such] occupation or use, as a 26
condition to his or her cessation of occupation or use and termination of liability 27
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for the occupation or use[therefor]. 1
(2) In the event that a c ity has acquired real property for a redevelopment corporation, 2
the city shall, in transferring title to the redevelopment corporation, deduct from the 3
consideration or other moneys which the redevelopment corporation has become 4
obligated to pay to the cit y for that[such] purpose, and credit the redevelopment 5
corporation with, the amounts received by the city as payment for temporary 6
occupation and use of the real property by a former owner, tenant, or other person, 7
as in this section provided, less the cos t and expense incurred by the city for the 8
maintenance and operation of the[such] real property. 9
Section 69. KRS 99.350 is amended to read as follows: 10
(1) If the council of any community by resolution finds and declares: 11
(a) That there exist in the community slum areas or blighted areas; 12
(b) That there is need in the community for the exercise of powers, functions , and 13
duties conferred by KRS 99.330 to 99.510; and 14
(c) That the exercise of those[such] powers, functions, and duties by an agency 15
created and established pursuant to this section would be more efficient and 16
more in the public interest than the exercise of those[such] powers, functions, 17
and duties by the community or the housing commission of the community 18
pursuant to KRS 99.490, an agency, to be known as the urban renewal and 19
community development agency of the city or county, as the case may be, 20
shall thereupon exist for that[such] community with the powers, duties , and 21
functions provided for in KRS 99.330 to 99.510. 22
(2) An urban renewal and community development agency created pursuant to 23
subsection (1) of this section may be dissolved at any time by the council which 24
created it by a three-fifths (3/5) vote of the legislative body. 25
(3) Upon adoption of a reso lution creating an agency, the mayor shall be promptly 26
notified and [he ]shall appoint, with the approval of a majority of the council, five 27
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(5) resident electors of the community as members of the agency. 1
(4) Three (3) of the members who are first appoint ed shall be designated to serve for 2
terms of one (1), two (2) and three (3) years respectively, and the remaining two (2) 3
of the[such] members shall be designated to serve for terms of four (4) years each, 4
from the date of their appointment. Any appointmen ts [heretofore ]made for a term 5
of five (5) years are hereby confirmed and declared to be appointments for a term of 6
four (4) years from the date of each[such] appointment. Thereafter, members shall 7
be appointed as aforesaid for a term of office of four (4 ) years, except that all 8
vacancies occurring during a term shall be filled for the unexpired term. A member 9
shall hold office until his or her successor has been appointed and qualified. 10
(5) The agency shall elect a chairperson[chairman] from among its members. The term 11
of office as chairperson[chairman] of the agency, unless otherwise prescribed by 12
the council, shall be for the calendar year, or for that portion of the year [thereof] 13
remaining after the chairperson[each such chairman] is designated or elected. 14
(6) The powers of each agency shall be vested in its[the] members [thereof ] then in 15
office. Members of an agency or their staff shall receive their actual and necessary 16
expenses, including traveling expenses .[, provided,] However, [that such ] other 17
compensation[,] if prescribed[,] shall be paid exclusively from community funds. 18
(7) For inefficiency, neglect of duty , or misconduct in office, a member of an agency 19
may be removed by the council, but the member may be removed only after he or 20
she has[shall have] been given a copy of the charges at least ten (10) days prior to a 21
public hearing for removal [thereon] and has had an opportunity to be heard in 22
person or by counsel. 23
(8) An[No] officer or employee of the community or of the agency, who in the course 24
of his or her duties is required to participate in the formulation of plans or policies 25
for the redevelopment of a development area, or to approve those[such] plans or 26
policies, shal l not acquire any interest in any property included within a 27
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development area within the community. If any [such ]officer or employee owns or 1
has financial interest, direct or indirect, in any property included within [such ] a 2
development area, he or she shall immediately disclose [,] in writing [,] the[such] 3
interest to the agency and to the council , which [ and such disclosure] shall be 4
entered in the minutes of the agency and of the council. Failure to so disclose 5
an[such] interest shall constitute miscondu ct in office. A[No] payment shall not be 6
made to any member or officer of an agency for any property or interest [therein 7
]acquired by the agency from the[such] member or officer unless the [amount of 8
such payment is fixed by court order in eminent domain proceedings, or unless such 9
]payment is unanimously approved by the council. 10
(9) When an agency is created for any community, the council may [at that time, and 11
from time to time thereafter, ]appropriate [such ]amounts of money to the agency as 12
it deems necessary for the administrative purposes of the agency. The 13
administrative purposes of the agency may include staff and consultants for 14
research, studies and surveys, designation of developme nt areas, preparation of 15
development plans, estimates of the cost of acquisition, clearance and conditioning 16
of land for redevelopment, estimates of the fair use value of the land , and any other 17
administrative expenses considered necessary by the council. 18
(10) Each [such ] agency shall file with the council a detailed report of all its 19
transactions, including a statement of all revenues and expenditures, at [such 20
]intervals as the council may prescribe. 21
Section 70. KRS 99.360 is amended to read as follows: 22
(1) Each agency created for the purpose of KRS 99.330 to 99.510 shall constitute a 23
public body[,] corporate and politic[,] exercising public and essential governmental 24
functions, and shall have the following powers in addition to the others granted: 25
(a) To sue and be sued; to have a seal; to make and execute contracts and other 26
instruments necessary or convenient to the exercise of its powers; 27
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(b) To make, [and from time to time ] amend, and repeal bylaws, rules , and 1
regulations not inconsistent with KRS 99.330 to 99.510 to carry into effect the 2
powers and purposes of those provisions[thereof]; 3
(c) To select and appoint [such ] officers, agents, counsel and employees, 4
permanent and temporary, as it may require, and determine their 5
qualifications, duties, and compensation, subject, however, to the provision of 6
its budget; 7
(d) Within its area of operation, for purposes of redevelopment within the 8
development area, to purchase, lease, obtain option upon, acquire by gift, 9
grant, b equest, devise , or otherwise, any real or personal property, or any 10
interest in property [therein], together with any improvements on the 11
property[thereon]; [to acquire by the exercise of the power of eminent domain 12
any real property; ] to clear any and all buildings, structures , or other 13
improvements from any real property so acquired and to dispose of any 14
personal property resulting from the acquisition or sale [therefrom]; to sell, 15
lease, exchange, subdivide, transfer, assign, pledge, encumber [(]by mortgage, 16
deed of trust , or otherwise[)], or otherwise to dispose of any real or personal 17
property or any interest in property [therein] at its fair value for uses in 18
accordance with the development plan, irrespective of the cost of acquiring 19
and preparing real property for redevelopment; to insure or provide for the 20
insurance of any real or personal property or operation of the agency aga inst 21
risks or hazards; and pursuant to [the provisions of ] KRS 99.450 to rent, 22
maintain, manage, operate, and repair the[such] real property; 23
(e) To borrow from and to accept loans and grants from the federal government 24
or any of its agencies[agency thereof], or from any sources, public or private, 25
for the purposes of KRS 99.330 to 99.510, and to pledge any[such] security 26
that[as] may be required; an agency, notwithstanding the provisions of any 27
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other law, may include in any contract for financial assistance with the federal 1
government any conditions which the federal government may attach to its 2
financial aid of a redevelopment project, not inconsistent with the purposes of 3
KRS 99.330 to 99.510; 4
(f) Within its area of operation, to develop as a building sit e or sites, any real 5
property owned or acquired by it, and in this connection to cause streets and 6
highways to be laid out and graded, and pavements or other road surfacing, 7
sidewalks and curbs, and public utilities of every kind to be constructed and 8
installed, or to close any streets according to the development plan; 9
(g) Within its area of operation, to prepare [from time to time ] plans for the 10
improvement or rehabilitation of slum and blighted areas; to make, 11
periodically, investigations and surveys per taining to slum clearance and 12
urban redevelopment; 13
(h) To invest any funds held in reserves or sinking funds or any funds not 14
required for immediate disbursement, in property or securities in which 15
savings banks may legally invest funds subject to their co ntrol; to purchase its 16
bonds at a price not more than the principal amount [thereof ] and accrued 17
interest, all bonds so purchased to be canceled; 18
(i) To obligate lessees or purchasers of land acquired in a redevelopment project 19
to: 20
1. [To ]Use the[such] land for the purpose designated in the development 21
plan; 22
2. [to ] Begin the building of specified improvements within a period of 23
time which the agency fixes as reasonable; and[ to ] 24
3. Comply with any[such] other conditions that[as] in the opinion of the 25
agency are necessary to carry out the purposes of KRS 99.330 to 26
99.510.[;] The agency, by provision in the contract, deed , or lease may 27
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make any of the purchaser's obligations covenants or conditions running 1
with the land, whose breach shall cause the fee to revert to the agency; 2
(j) To exercise all or any part or combination of the powers [herein ]granted in 3
this section; and 4
(k) To expend public funds for the rehabilitation of private property within the 5
agency's area of operation through loans or grants to the owners or occupants 6
of the[such] property. 7
(2) [Nothing contained in ] This section shall not authorize an[such] agency to 8
construct any of the buildings for residential, commercial, industrial , or other use 9
contemplated by the development plan. 10
Section 71. KRS 99.420 is amended to read as follows: 11
Whenever in the opinion of the agency, land or other property, right of way , or easement 12
over or through any property is needed by the agency in order to accomplish the purposes 13
of KRS 99.330 to 99.510, it may by resolution authorize the purchase [ or condemnation] 14
in the name of the agency, of the land or other property, or right of way or easement 15
necessary for the purpose [, and may proceed to condemn and acquire the property 16
pursuant to the Eminent Domain Act of Kentucky]. 17
Section 72. KRS 99.565 is amended to read as follows: 18
The council of an y community[,] whose agency has received certification of availability 19
of federal funds pursuant to section 101(c) of the National Housing Act of 1949, as 20
amended, may authorize the agency to: 21
(1) Acquire[,] by[ eminent domain,] purchase, gift, grant, devise, or otherwise, any real 22
property in the development area or urban renewal area without regard to [the 23
conditions, restrictions, or provisions set forth in ] KRS 99.370 [,] or any other 24
section of this chapter [;] if it finds by resolution that it is desira ble and feasible to 25
obtain federal financial assistance authorized by section 403 of the Housing Act of 26
1959 in acquiring the[such] real property;[,] and[ to ] 27
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(2) Sell, grant, and convey [any such ]real property if by resolution the agency consents 1
to its[the] disposal[ thereof]. 2
Section 73. KRS 99.650 is amended to read as follows: 3
(1) Each agency created under the terms of KRS 99.610 to 99.680 shall constitute a 4
public body corporate and politic [,] exercising public and essential governmental 5
functions[,] and shall have all of the powers necessary and convenient to carry out 6
and effectuate the purposes and provisions of KRS 99.610 to 99.680 including but 7
without limiting the generality of the foregoing, the following powers in addition to 8
other powers granted herein and by other statutory authority: 9
(a) To sue and be sued; to have a seal ; to make and execute contracts and other 10
instruments necessary or convenient to the exercise of its powers; 11
(b) To make, [and from time to time ] amend, and repeal bylaws, rules, and 12
regulations not inconsistent with KRS 99.610 to 99.680, to carry into eff ect 13
the powers and purposes of those sections [thereof], subject to approval, 14
amendment, or modification by the governing board; 15
(c) To select and appoint [such ] officers, agents, counsel, and employees, 16
permanent and temporary, as it may require, and determine their 17
qualifications, duties, and compensation, subject, however, to the provisions 18
of its budget; 19
(d) Within the jurisdiction of the city in which it is es tablished, and for the 20
purpose of developing a project area or areas, to purchase, lease, obtain option 21
upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal 22
property or any interest in property[therein], together with any impro vements 23
on the property [thereon]; to clear any and all buildings, structures, or other 24
improvements from any real property so acquired; to renovate or rehabilitate 25
any improvements to such real property so acquired and to dispose of any 26
personal property r esulting from the acquisition or sale [therefrom]; to 27
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develop and construct residential housing for persons and families of lower 1
income; to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber 2
by mortgage, deed of trust or otherwise, or oth erwise to dispose of any real or 3
personal property or any interest in property[therein] at its fair value for uses 4
in accordance with the development plan, irrespective of the cost of acquiring 5
and preparing the[said] property; to insure or provide for the insurance of any 6
real or personal property or operation of the agency against risks or hazards; 7
and pursuant to [the provisions of ] KRS 99.610 to 99.680, to rent, maintain, 8
manage, operate, and repair any[such] real property and any improvements to 9
the property[thereto]; 10
(e) Within the jurisdiction of the city in which it is established, and for the 11
purpose of developing a project area or areas: to make or participate in the 12
making of construction, land development, mortgage, and rehabilitation loans 13
and t o purchase or participate in the purchase of construction, land 14
development, mortgage, and rehabilitation loans for residential housing 15
projects;[,] provided, however, that those[such] loans shall be made only 16
upon the determination by the agency that the[such] loans are not otherwise 17
available, wholly or in part, from a private lender upon reasonably equivalent 18
terms and conditions; to insure or reinsure construction, land development, 19
mortgage, and rehabilitation loans on residential housing projects ; provided, 20
however, that any such insurance or reinsurance shall be made only upon the 21
determination by the agency that such insurance or reinsurance is not 22
otherwise available wholly or in part from private insurers upon reasonably 23
equivalent terms and conditions; to make grants from appropriated funds, and 24
any other funds from any source available to the agency, to builders, 25
developers, and owners of residential housing for the development, 26
construction, rehabilitation, or maintenance of residential housing a nd such 27
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facilities related thereto as the agency shall deem important for a proper living 1
environment, all on such terms and conditions as may be deemed appropriate 2
by the agency; to sell, at public or private sale, all or any part of any mortgage 3
or other instrument or document securing a construction land development, or 4
rehabilitation loan for residential housing projects of any type, appropriate to 5
the purpose of the agency; to consent, whenever it deems it necessary or 6
desirable in the fulfillment of its corporate purposes, to the modification of the 7
rate of interest, time of payment of any installment of principal or interest, or 8
any other terms, of any mortgage loan, mortgage loan commitment, 9
construction or land development loan, rehabilitation loan, contract, or 10
agreement of any kind relating to residential housing projects to which the 11
agency is a party; 12
(f) Within a project area, to cause streets and highways to be laid out and graded, 13
and pavements or other road surfacing, sidewalks, curbs, gutter s, storm 14
sewers, and public utilities of every kind to be improved, constructed, and 15
installed and to close any streets according to the development plan; 16
(g) To invest any funds held in reserves or sinking funds or any funds not 17
required for immediate disbursement, in property or securities in which banks 18
or insurance companies may legally invest funds subject to their control; to 19
purchase its bonds at a price not more than the principal amount [thereof ]and 20
accrued interest, all bonds so purchased to be canceled; 21
(h) To obligate lessees or purchasers of land acquired in a project to: 22
1. [(1) to ] Use such land for the purpose designated in the development 23
plan; 24
2. [(2) to ] Begin the building of specified improvements or renovation of 25
existing improvement within a period of time which the agency fixes as 26
reasonable; and 27
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3. [(3) to ] Comply with any[such] other conditions that[as] in the opinion 1
of the agency are necessary to carry out the purposes of KRS 99.610 to 2
99.680.[;] The agency, by provision in the contract, deed, or lease may 3
make any of the purchaser's obligations, covenants , or conditions 4
running with the land, whose breach shall cause the fee to revert to the 5
agency; 6
(i) To contract as, and to accept the obligations of, an owner of benefited 7
property under [the terms of ]KRS 107.010 to 107.220, inclusive; 8
(j) To exercise all powers granted to governmental agencies under proposed 9
legislation which deals with the use of "tax increment" revenues and financing 10
of public purpose projects through the us e of the revenues and 11
financing[thereof]; 12
(k) To exercise all powers granted to governmental agencies by KRS 58.010 to 13
58.130[58.140], inclusive; 14
(l) To make periodic grants to reduce principal and interest payments on 15
mortgages or rentals payable by persons and families of low income; 16
(m) To rehabilitate, acquire, establish, and operate, lease, and sublease, residential 17
housing for persons and families of lower income and to enter into agreements 18
or other transactions with any federal, state, or local gove rnment agency for 19
the purpose of providing adequate living quarters for those[such] persons and 20
families and to contract to assume the rights, powers, duties, and obligations 21
of any local housing authority or similar agency of the federal, state, city, or 22
urban-county governments; 23
(n) To borrow from and to accept loans and grants from the federal, state, city, or 24
urban-county governments or any of their agencies [agency thereof], or from 25
any sources, public or private, for the purposes of KRS 99.610 to 99.68 0, and 26
to pledge any[such] security that[as] may be required .[,] An agency, 27
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notwithstanding the provisions of any other law, may include in any contract 1
for financial assistance with the federal, state, city, or urban -county 2
government any conditions which the federal, state, city, or urban -county 3
government may attach to its financial aid not inconsistent with the purposes 4
of KRS 99.610 to 99.680; and 5
(o) To exercise all or any part or combination of the powers [herein ]granted in 6
this section. 7
(2) [Nothing contained in ] This section shall not authorize an[such] agency to 8
construct any of the buildings for residential, commercial, industrial, or other use 9
contemplated by the development plan, except as to the development and 10
construction of residential housing for persons and families of lower income and 11
except insofar as any industrial building may be authorized to be constructed by a 12
lessee, on behalf of the agency, under [the provisions of ] KRS 103.200 to 103.285, 13
inclusive. 14
Section 74. KRS 99.785 is amended to read as follows: 15
As used in KRS 99.780 to 99.855, unless the context otherwise requires: 16
(1) "Abandoned and blighted property" means a residential, commercial, or industrial 17
building that has been continuously vacant for at least one (1) year with repeated 18
housing, building, or nuisance code citations and at least three (3) of the following 19
conditions: 20
(a) The building has not been brought into compliance with the housing, building, 21
or nuisance code requirements of the local government in which it is located 22
within time constraints placed upon the owner by the appropriate code 23
enforcement agency or agencies; 24
(b) The building is unfit for human habitation, occupancy, or use; 25
(c) The condition and vacancy of the building materially increases the risk of fire 26
to the building and to adjacent properties; 27
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(d) The building, by reason of neglect or lack of maintenance, has become a place 1
for the accumulation of substantial trash and debr is or a haven for rodents or 2
other vermin that create potential health and safety hazards; 3
(e) The building is subject to unauthorized entry leading to potential health and 4
safety hazards, and either the owner has failed to take reasonable and 5
necessary measures to secure the building or the local government has secured 6
the building in order to prevent such hazards after the owner has failed to do 7
so; 8
(f) The building is an attractive nuisance to children or for illicit purposes, 9
including drug use and vagrancy; or 10
(g) The building, because of its dilapidated appearance or other conditions, 11
substantially negatively affects the economic well -being of residents or 12
businesses in close proximity to the building; 13
(2) "Actively marketed" means: 14
(a) A "for sale" si gn has been placed on the property with accurate contact 15
information; 16
(b) The owner has engaged the services of a licensed real estate agent, placed 17
weekly or more frequent advertisements in print, or listed the property for sale 18
in electronic media via a website[Web site] specifically designed for 19
that[such] activity; and 20
(c) The owner has made a good -faith effort to sell the property at a price that 21
reflects the circumstances and market conditions; 22
(3) "Building" means a residential, commercial, or indust rial building or structure and 23
the land appurtenant thereto; 24
(4) "Competent entity" means a person or entity, including a nonprofit corporation, 25
with experience in the rehabilitation of residential, commercial, or industrial 26
buildings and the ability to pr ovide or obtain the necessary financing for the[such] 27
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rehabilitation; 1
(5) "Conservator" means a competent entity appointed by a court to take possession of 2
and undertake the rehabilitation of an abandoned and blighted building; 3
(6) "Conservator's fee" for rehabilitation or demolition of an abandoned and blighted 4
building means a fee equal to the greater of: 5
(a) A reasonable amount not to exceed twenty percent (20%) of the actual costs 6
incurred by a conservator for rehabilitation or demolition of the buildin g as 7
described in the plan for rehabilitation or demolition approved by the court; or 8
(b) Fifteen percent (15%) of the sale price of the property; 9
(7) "Costs of rehabilitation" means costs and expenses for construction, stabilization, 10
rehabilitation, maint enance, or demolition, including reasonable nonconstruction 11
costs associated with the project, including but not limited to architectural, 12
engineering, legal fees and costs, permits, financing fees, and a conservator's fee; 13
(8) "Historic structure" means a property which is listed on the National Register of 14
Historic Places, is a contributing property in a national register historic district, or is 15
designated an historic property by the Kentucky Heritage Council; 16
(9) "Immediate family" means a parent, spouse, child, brother, or sister; 17
(10) "Local government" means any city, county, urban -county government, 18
consolidated local government, unified local government, or charter county [has 19
the same meaning as in KRS 99.705]; 20
(11) "Nonprofit corporation" means a c orporation recognized by the United States 21
Internal Revenue Service as being tax exempt under 26 U.S.C. sec. 501(c) that has, 22
as one (1) of its purposes, remediation of blight, economic development, historic 23
preservation, or the promotion or enhancement of affordable housing opportunities; 24
(12) "Owner": 25
(a) Means the holder or holders of title to, or of a legal or equitable interest in, a 26
residential, commercial, or industrial building for six (6) months or more; and 27
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(b) Includes an heir, assignee, trustee, beneficiary, and lessee, provided the 1
ownership interest is a matter of public record; 2
(13) "Party in interest" means a person or entity that has a direct and immediate interest 3
in a residential, commercial, or industrial building, including: 4
(a) The owner; 5
(b) Any lienholder with a recorded interest in the property; and 6
(c) The city and county in which the building is located; 7
(14) "Rehabilitation" means improvements to a building in order to bring it into 8
compliance with all applicable housing, building, and nuisance code requirements; 9
and 10
(15) "Vacant" means abandoned, unoccupied, or empty continuously for at least one (1) 11
year, excluding unauthorized or illegal occupancies. 12
Section 75. KRS 103.2101 is amended to read as follows: 13
(1) It shall be the duty of the state local debt of ficer to review only those projects 14
authorized by KRS 103.200(1) (k), (l), (m), and (n), and only off -street parking 15
facilities, cable television, and mass communication facilities as authorized by KRS 16
103.200(1)(b), whether by cities, counties, urban -county governments, air boards, 17
or riverport authorities. The Kentucky Private Activity Bond Allocation Committee 18
shall review only those projects to be issued by the Kentucky Economic 19
Development Finance Authority and authorized by KRS 103.200(1) (k), (l), (m ), 20
and (n). [Such ]Review shall include but need not be limited to the following: 21
(a) Whether the project creates long -term economic growth, creates or retains 22
jobs in a previously designated empowerment or enterprise zone, or aids in 23
the prevention or elimination of slums or blight; 24
(b) Whether there is substantiating documentation to demonstrate that the project 25
places an unjustified competitive disadvantage on existing business in the 26
area; 27
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(c) Whether there is substantiating documentation to demonstrate that normal 1
commercial financing is unavailable for this project or, if available, at what 2
rates it must be secured and under what terms and conditions; 3
(d) If the project is in accord with the intent of KRS 103.200 to 103.285 and[,] 4
this section[, and KRS 103.2451]; and 5
(e) The project's economic soundness. 6
(2) If the committee or the state local debt officer finds that the project does not meet 7
all of the above listed criteria, it shall deny approval of the project until the 8
objections to the project[thereto] have been met. 9
(3) The committee and the state local debt officer may require the submission of 10
testimony, project data, or any other information deemed appropriate with regard to 11
any project submitted to it for approval. 12
(4) The committee and the st ate local debt officer, within fourteen (14) days of 13
receiving an application, shall notify in writing the agency or unit of government 14
proposing the issuance of bonds, the appropriate county judge/executive, mayor, 15
and school superintendent, and the devel opers of the project of the date on which 16
the project will be considered by the committee at a public hearing. Any person 17
may attend the hearing and may personally, or through counsel, address the 18
committee with regard to the project and make recommendatio ns to the committee 19
about the project [thereon]. Notice shall be given to the agency or unit of 20
government proposing to issue the bonds and the developers of the project not less 21
than forty-five (45) days before the date the committee has set for the hearin g on 22
the project. The agency or unit of government proposing the issuance of the bonds 23
shall publish notice of the hearing in the manner required by KRS Chapter 424. The 24
agency or unit of government proposing the issuance of the bonds shall require the 25
developer of the project, [(]if it is other than the agency or unit of government ,[)] to 26
reimburse the agency or unit of government for the cost of the advertising required 27
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by this subsection [herein]. A hearing officer may conduct the hearing with a 1
proposed order to the committee or the state local debt officer. 2
(5) The committee and the state local debt officer shall have the right to approve or 3
disapprove any project submitted to it, and over which it has jurisdiction as 4
described in subsection (1) of this section, and no bonds or other evidence of 5
indebtedness for any [such ] project shall be issued until the project has been 6
approved by the committee. 7
(6) When the revenues of the respective local government or school district are 8
negatively impacted by the project, the committee and the state local debt officer 9
shall require submission of a written statement of assurance that the appropriate 10
county judge/executive, mayor, and school superintendent are in agreement with the 11
negotiated financial arrangement. This written statement of assurance shall be used 12
for advisory purposes. 13
(7) The maximum length of any bond authorization under this section shall not exc eed 14
the anticipated useful life of the building or equipment purchased or forty (40) 15
years, whichever is shorter. 16
Section 76. KRS 103.210 is amended to read as follows: 17
(1) In order to promote the economic development of the Commonwealth, to relieve 18
conditions of unemployment, to encourage the increase of industry in this state, and 19
to aid in the retention of existing industry through improved energy efficiency in 20
manufacturing facilities, or through conversion of energy facilities to more readily 21
available fuels, any city or county may borrow money and issue negotiable bonds 22
for the purpose of defraying the cost of acquiring any industrial building or 23
pollution control facility, either by purchase or construction, but onl y after an 24
ordinance or resolution has been adopted by the legislative body of the city or the 25
fiscal court of the county, or by the Kentucky Economic Development Finance 26
Authority, if requested by the legislative body of the city or the fiscal court of th e 27
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county, as the case may be, specifying the proposed undertaking, the maximum 1
amount of bonds to be outstanding at any one (1) time, and the maximum rate of 2
interest the bonds are to bear. This section shall not be deemed to require, however, 3
that the[such] ordinance or resolution be adopted prior to interim financing of the 4
project, if the[such] interim financing was undertaken by the proposed lessee 5
corporation upon the basis of discussions between the corporation and responsible 6
officials of the issuer which were later formally ratified by the appropriate 7
governing body of the issuer. 8
(2) The ordinance or resolution shall further provide that the industrial building or the 9
pollution control facility is to be acquired pursuant to [the provisions of ] KRS 10
103.200 to 103.285. Each [such ]bond-authorizing ordinance or resolution shall be 11
effective only after publication, in a newspaper authorized to publish official 12
advertisements for the issuer, of the title to the[said] ordinance or resolution, 13
together with a statement signed by the clerk of the issuer setting forth the 14
maximum amount of bonds to be outstanding at any one (1) time, the name of the 15
lessee corporation, and the fact that the bonds are to be retired from the proceeds of 16
either the lease payments as set forth in KRS 103.200 to 103.285, inclusive, or the 17
loan payments or sale payments in the event the industrial building financing 18
transaction is carried out pursuant to a loan agreement, sale agreement, or other tax 19
incentive agreement. A[No] publication of the complete ordinance or resolution 20
shall not be required, but the[said] ordinance or resolution shall be entered upon the 21
records of the issuer and shall be available for public inspection. 22
(3) Any industrial buildings financed by bonds pursuant to KRS 103.200 to 103.285 23
and leased in connection with the bond financing from a tax -exempt governmental 24
unit[,] or tax -exempt statutory authority [,] shall require the prior approval by the 25
Kentucky Economic Development Finance Authority of the reduced a d valorem tax 26
for industrial buildings under KRS 132.020, the standards for which the Kentucky 27
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Economic Development Finance Authority shall establish through its operating 1
procedures, or by the promulgation of administrative regulations in accordance with 2
KRS Chapter 13A. The authority shall consider [,] along with other indicators [,] 3
when establishing standards [,] the number of jobs to be created, the amount of 4
capital to be invested, and the wages and benefits to be paid. 5
(4) The Kentucky Economic Development Finance Authority, any air board established 6
pursuant to KRS 183.132, and any riverport authority established as provided in 7
KRS 65.510 to 65.650, inclusive, shall have and possess all power and authority 8
granted to cities and counties by [the provisio ns of ] KRS 103.200 to 103.285 [, 9
excluding condemnation powers under KRS 103.245,] for the financing of 10
industrial buildings. For those[such] purposes, the terms "city," "county," and 11
"issuer" as used in KRS 103.200 to 103.285, inclusive, shall also mean an d refer to 12
the Kentucky Economic Development Finance Authority, any air board established 13
pursuant to KRS 183.132, and any riverport authority established as provided in 14
KRS 65.510 to 65.650. The power and authority granted to the Kentucky Economic 15
Development Finance Authority, any air board, and any riverport authority shall be 16
and constitute an additional and alternative grant of power and authority to such 17
governmental agencies, and shall not be construed as being in derogation of any 18
other powers vested in each of such governmental agencies. 19
Section 77. KRS 103.245 is amended to read as follows: 20
(1) As used in this section [For purposes of the exercise of the power of eminent 21
domain], "building" or "industrial building " shall be deemed to include only the 22
following: coal conversion facilities, hospitals, primary medical centers, health 23
care clinics, convention centers, or any industrial building as defined in KRS 24
103.200, which is to be located in a blighted area as de fined in KRS 99.010(1)(a), 25
or any of these things, to be rented or leased to a domestic or foreign corporation by 26
the Kentucky Economic Development Finance Authority, the city or the county by 27
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which it is acquired. 1
(2) An industrial building [within the meaning of subsection (1) of this section ] may be 2
acquired by a city or a county by purchase or[,] gift[, or condemnation]. Whenever 3
a city or a county determines[shall determine] that land or other property, right of 4
way, or easement over or through any property is needed [by such city or county, as 5
the case may be, ]to accomplish the purposes of KRS 103.210 to 103.285, inclusive, 6
it may by ordinance or resolution authorize the pu rchase[ or condemnation, in the 7
name of such city or county,] of that[said] land or other property, [or ]right of way, 8
or easement in the name of the city or county [necessary for such purposes, and 9
may proceed to condemn and acquire such property in the ma nner set forth in the 10
Eminent Domain Act of Kentucky. All property, rights of way and easements 11
already held by its owner or lessee for industrial development shall be exempt from 12
condemnation under this section]. 13
Section 78. KRS 104.550 is amended to read as follows: 14
(1) If no suit is filed against the secretary under KRS 104.540, or if suit is filed and 15
final judgment in the Circuit Court or on appeal is in favor of the secretary, the 16
secretary shall immediately[forthwith] declare the district organized into a flood 17
control district and give it a corporate name as provided in KRS 104.490, by which 18
in all proceedings it shall thereafter be known. 19
(2) The secretary shall certify his or her act to the county clerk of each county in which 20
any part of the district is located[,] and to the Secretary of State, each of whom shall 21
record the certificate as articles of incorporation. The secretary shall also certify his 22
or her act to the county judge/executive of each county in wh ich any part of the 23
district is located. 24
(3) The district shall then be a political subdivision and shall have perpetual existence, 25
with power to sue and be sued, contract and be contracted with, incur liabilities and 26
obligations,[ exercise the right of e minent domain,] assess, tax, issue bonds, and do 27
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and perform all acts expressly authorized in KRS 104.450 to 104.680 and all acts 1
necessary and proper for the carrying out of the purpose for which the district was 2
created, and for executing the powers with which it is invested. 3
Section 79. KRS 107.370 is amended to read as follows: 4
(1) In addition to its general powers specified in KRS 107.310 to 107.500, the board, 5
after approval of any proposed project by resolution of the fiscal court, shall have 6
power to finance and construct buildings and related facilities for the joint or 7
separate use of any one (1) or more of the governmental units within the territorial 8
limits of the county, or of federal agencies, and to convey o r lease those[said] 9
buildings and facilities in whole or in part, or space therein, to [said ]governmental 10
units or federal agencies in accordance with [the provisions of ] KRS 107.310 to 11
107.500. The board may cause any [such ] building and related faciliti es to be 12
designed in anticipation of reasonably foreseeable future needs; and to the extent 13
the capacity of the building or facilities [thereof] may be surplus to needs existing 14
at the time of occupancy, any[such] surplus capacity may be leased to 15
nongovernmental persons or parties, subject to cancellation upon reasonable notice 16
when the[such] capacity or facilities shall be required for the purposes of 17
governmental units. 18
(2) The[Said] board shall have the government, management, regulation, control and 19
operation of any buildings financed, constructed , and leased pursuant to [the 20
provisions of ] KRS 107.310 to 107.500 and shall have the power to improve, 21
reconstruct, repair , and maintain the[said] buildings and all additions to them. [ 22
thereto; provided,] However, [that ]the board may contract with the lessee of any 23
building for the maintenance and operation of the[such] building. 24
(3) The board shall also have power, acting in the name of the district, as follows: 25
(a)[(1)] To [condemn, ] appropriate, lease, rent, purchase , and hold any real 26
estate, regardless of whether [the same be then ] held for a governmental or 27
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public use, and materials or personal property needed or deemed useful in 1
connection with buildings constructed or to be constructed pursuant to KRS 2
107.310 to 107.500; 3
(b)[(2)] To enter upon any lots or lands for the purpose of surveying or 4
examining them[the same] for a proper public purpose under KRS 107.310 to 5
107.500; 6
(c)[(3)] To design, order, contract for , [and ]construct, reconstruct, and maintain 7
[such ]buildings and related facilities and to make all necessary or desirable 8
improvements to the grounds and premises under its control; 9
(d)[(4)] To determine, allocate, and adjust space in [said ]buildings to be used by 10
any governmental unit; 11
(e)[(5)] To construct, maintain, and operate auditoriums, public meeting places, 12
and parking facilities in conjunction with or as a part of the[said] buildings; 13
(f)[(6)] To operate any [such ]buildings, to receive and collect any moneys due 14
on account of their[such] operation or otherwise relating to the[such] 15
buildings and to expend [such ]moneys for proper purposes; and in connection 16
with operations[therewith] to let concessions for the op eration of restaurants, 17
cafeterias, public telephones, news and cigar stands, and vending machines, 18
which[the above concessions for operations of said restaurants, cafeterias, 19
public telephones, news and cigar stands and vending machines] shall be let 20
on o pen and competitive bidding, and to employ any[such] managers, 21
superintendents, architects, engineers, attorneys, auditors, clerks, 22
forepersons[foremen], custodians, and other employees, as it may deem 23
necessary for the proper carrying on and operation of any [such ]buildings and 24
to fix compensation of all [such ] employees; provided, howev er, that no 25
contract of employment shall be made for a longer fixed period than four (4) 26
years, but may be extended or renewed [from time to time ]thereafter; and 27
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(g)[(7)] To make and enter into all leases, contracts , and other agreements 1
necessary or inci dental to the performance of its duties and the execution of 2
its powers under KRS 107.310 to 107.500. 3
Section 80. KRS 107.450 is amended to read as follows: 4
The district is authorized to defray the cost of acquiring any real or personal property for 5
the purposes contemplated by KRS 107.310 to 107.500 through the issuance of revenue 6
bonds, and for that purpose the district shall have all the powers and duties that are 7
granted to or imposed upon governmental units by law, i ncluding specifically those 8
in[the terms and provisions of] KRS 58.010 to 58.130[58.140]. 9
Section 81. KRS 108.010 is amended to read as follows: 10
To serve the public interest and provide a means of meeting problems of loc al 11
government in urban areas, there may be established and operated under [the provisions 12
of ]this chapter an urban services district. Such a district shall be a public body corporate 13
and political subdivision, with power to adopt and use a corporate seal, sue and be sued, 14
contract and be contracted with, and in other ways to function as a municipal corporation 15
or a natural person within the purview of this chapter. In addition to the general grants of 16
power of this chapter, an urban services[such a] district shall have the specific authority 17
provided for in KRS Chapters 58, 66, 79 and 107. [ The district shall have the power of 18
eminent domain and shall follow the procedures outlined in the Eminent Domain Act of 19
Kentucky.] 20
Section 82. KRS 109.041 is amended to read as follows: 21
(1) In addition to all other powers enumerated in Chapter 67 and other sections of the 22
Kentucky Revised Statutes, counties, acting by and through their fiscal courts, may 23
own and hold the permit for, p lan, initiate, acquire, construct, and maintain solid 24
waste management facilities, enter into contracts or leases with private parties for 25
the design, construction, or operation of a publicly -owned solid waste management 26
facility, and adopt administrative regulations with respect thereto in accordance 27
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with this chapter. It is hereby determined and declared that in the implementation, 1
acquisition, financing, and maintenance of solid waste management facilities, and 2
in the enforcement of their use, counties w ill be performing state functions duly 3
delegated to them for the public welfare. In that[such] regard, the right of counties[ 4
to condemn land necessary for the acquisition of solid waste management facilities 5
pursuant to the Eminent Domain Act of Kentucky and] to exercise the police power 6
in respect thereto is confirmed. Any county may contract with third parties for the 7
management by public or private means of solid waste within the county. 8
(2) A[No] solid waste management facility shall not be acquired an d constructed until 9
its[the] construction [thereof ]has been approved in writing by the cabinet. Planning 10
for a solid waste management facility shall be conducted in accordance with the 11
policy [set forth ]in KRS 109.011(7) and KRS Chapter 224. 12
(3) A[No] county or waste management district shall not prohibit or otherwise restrict 13
materials recovery by: 14
(a) Any materials recovery operation in existence in the county or district on the 15
effective date of the mandatory program; 16
(b) Any person supplying material to materials recovery operations on the 17
effective date of the mandatory program; 18
(c) Any new materials recovery operation that reclaims the same type of 19
materials as materials recovery operations included in paragraph (a) of this 20
subsection; 21
(d) Any new suppliers to materials recovery operations included in paragraphs (a) 22
and (c) of this subsection; 23
(e) Any materials recovery operation for glass, plastic, or metal beverage 24
containers, unless a commitment has been made by a local government or 25
other political subdivision of the state, by ordinance or contract, to a solid 26
waste project consistent with [the provisions of ]this chapter, that is dependent 27
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upon the materials recovery of glass, plastic, or metal beverage containers to 1
meet its financial obligations for the[said] project, and the[such] commitment 2
has been made prior to the operation of any other [such ]materials recovery 3
facility in the county or district; 4
(f) Any other materials recovery operation within the county or district not 5
included in paragraphs (a) through (e) of this subsection , or the supply of 6
materials to such operation , unless it is es tablished that the[such] operation 7
would jeopardize the ability of a local government or other political 8
subdivision of the state to meet financial obligations incurred in the 9
maintenance, operation, or amortization of capital acquisition costs for a solid 10
waste management facility; or 11
(g) In a county containing a consolidated local government, any municipality 12
located within the geographic area of the county or waste management district 13
created to serve that county. 14
(4) Notwithstanding any other provision of the Kentucky Revised Statutes to the 15
contrary, a[no] county or waste management district shall not regulate special 16
wastes as defined in KRS 224.50 -760, other than sludge from water and waste 17
water treatment facilities as it pertains to landfarming, or solid waste from 18
agricultural or mining operations. 19
(5) Any county undertaking the planning, implementation, construction, installation, 20
acquisition, and financing of a solid waste management facility pursuant to this 21
chapter shall have the authority [set forth ]in Chapter 58 of the Kentucky Revised 22
Statutes concerning the financing of a[such] solid waste management facility, 23
including the authority to promulgate, enforce, and collect reasonable rates, rentals, 24
and charges for the use of a[such] solid waste management facility. 25
(6) Bonds authorized to be issued by any county pursuant to [the authority of ] this 26
chapter for the financing of solid waste management facilities may be sold at either 27
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private or public sale as may in the sound discretion of the coun ty be in the best 1
interests of the county. 2
(7) Any county undertaking solid waste management pursuant to [the provisions of 3
]this chapter may contract with any person for the provision of solid waste 4
management services. A county may contract with any city to provide solid waste 5
management services or may delegate the responsibility for solid waste 6
management within incorporated areas to a city when the city agrees to assume 7
that[such] responsibility. In connection with solid waste management, any county 8
may enter into contracts with any person for any term of years. 9
(8) Counties are authorized to charge a reasonable fee to trans porters for the handling 10
of their waste at a solid waste management facility approved by the cabinet. 11
(9) Counties are authorized to sell or market materials and energy recovered from solid 12
waste and to enter into long -term contracts guaranteeing supply to insure markets 13
for the sale of recovered products. 14
(10) In carrying out the provisions of this chapter, counties shall be subject to standards 15
set by regulations adopted by the cabinet on waste management pursuant to KRS 16
Chapter 224. 17
(11) A[No] county or waste management district shall not prohibit long-term contracts 18
by ordinance or other means. 19
(12) Counties are expressly authorized in addition to the powers enumerated in KRS 20
Chapter 65 and this chapter to contract with one another in order to regionaliz e 21
solid waste management to the maximum extent practicable. 22
(13) Notwithstanding any other provision of law, a fiscal court may [,] by ordinance [,] 23
create a solid waste district to exercise the powers of the county pursuant to this 24
chapter, except that a di strict created for this purpose shall not levy or collect ad 25
valorem property taxes. 26
(14) If a city within a county containing a consolidated local government is in 27
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conformity with the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 1
secs. 6901 et seq., and is in conformity with all state statutes and administrative 2
regulations applicable to the collection, management, and treatment of solid waste 3
and resource recovery therefrom, the consolidated local government or waste 4
management district servin g the county containing the consolidated local 5
government shall not [,] directly or indirectly [,] hinder, delay, impair, prohibit, or 6
impede any city or its contractors and agents from accessing, utilizing, and 7
otherwise using any solid waste management facility for the disposal of solid waste. 8
The consolidated local government or waste management district shall not charge a 9
city within the county containing the consolidated local government, or the city's 10
contractors and agents, directly or indirectly, any fee that is based, directly or 11
indirectly, on the composition of the solid waste stream of that city if the solid 12
waste stream is in conformity with state and federal law for the use of the solid 13
waste management facility receiving the waste. 14
Section 83. KRS 141.019 is amended to read as follows: 15
In the case of taxpayers other than corporations: 16
(1) Adjusted gross income shall be calculated by subtracting from the gross income of 17
those taxpayers the deductions allowed ind ividuals by Section 62 of the Internal 18
Revenue Code and adjusting as follows: 19
(a) Exclude income that is exempt from state taxation by the Kentucky 20
Constitution and the Constitution and statutory laws of the United States; 21
(b) Exclude income from supplemen tal annuities provided by the Railroad 22
Retirement Act of 1937 as amended and which are subject to federal income 23
tax by Pub. L. No. 89-699; 24
(c) Include interest income derived from obligations of sister states and their 25
political subdivisions[ thereof]; 26
(d) Exclude employee pension contributions picked up as provided for in KRS 27
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6.505, 16.545, 21.360, 61.523, 61.560, 65.155, 67A.320, 67A.510, 78.610, 1
and 161.540 upon a ruling by the Internal Revenue Service or the federal 2
courts that these contributions shall not be included as gross income until such 3
time as the contributions are distributed or made available to the employee; 4
(e) Exclude Social Security and railroad retirement benefits subject to federal 5
income tax; 6
(f) Exclude any money received because of a settlement or judgment in a lawsuit 7
brought against a manufacturer or distributor of "Agent Orange" for damages 8
resulting from exposure to Agent Orange by a member or veteran of the 9
Armed Forces of the United States or any dependent of such person who 10
served in Vietnam; 11
(g) 1. a. For taxable years beginning after December 31, 2005, but before 12
January 1, 2018, exclude up to forty-one thousand one hundred ten 13
dollars ($41,110) of total distributions from pension plans, annuity 14
contracts, profit -sharing plan s, retirement plans, or employee 15
savings plans; and 16
b. For taxable years beginning on or after January 1, 2018, exclude 17
up to thirty -one thousand one hundred ten dollars ($31,110) of 18
total distributions from pension plans, annuity contracts, profit -19
sharing plans, retirement plans, or employee savings plans. 20
2. As used in this paragraph: 21
a. "Annuity contract" has the same meaning as [set forth ] in Section 22
1035 of the Internal Revenue Code; 23
b. "Distributions" includes but is not limited to any lump -sum 24
distribution from pension or profit -sharing plans qualifying for the 25
income tax averaging provisions of Section 402 of the Internal 26
Revenue Code; any distribution from an individual retirement 27
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account as defined in Section 408 of the Internal Revenue Code; 1
and any disability pension distribution; and 2
c. "Pension plans, profit-sharing plans, retirement plans, or employee 3
savings plans" means any trust or other entity created or organized 4
under a written retirement plan and forming part of a stock bonus, 5
pension, or profit-sharing plan of a public or private employer for 6
the exclusive benefit of employees or their beneficiaries and 7
includes plans qualified or unqualified under Section 401 of the 8
Internal Revenue Code and individual retirement accounts as 9
defined in Section 408 of the Internal Revenue Code; 10
(h) 1. a. Exclude the portion of the distributive share of a shareholder's net 11
income from an S corporation subject to the franchise tax imposed 12
under KRS 136.505 or the capital stock tax imposed under KRS 13
136.300; and 14
b. Exclude the portion of the distributive share of a shareholder's net 15
income from an S corporation related to a qualified subchapter S 16
subsidiary subject to the franchise tax imposed under KRS 17
136.505 or the capital stock tax imposed under KRS 136.300. 18
2. The shareholder's basis of stock held in an S corporation where the S 19
corporation or its qualified subchapter S subsidiary is subject to the 20
franchise tax imposed under KRS 136.505 or the capital stock tax 21
imposed under KRS 136.300 shall be the same as the basis for federal 22
income tax purposes; 23
(i) Exclude income received for services performed as a precinct worker for 24
election training or for working at election booths in state, county, and local 25
primaries or regular or special elections; 26
(j)[ Exclude any capital gains income attributable to property taken by eminent 27
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domain; 1
(k)] 1. Exclude all income from all sources for members of the Armed Forces 2
who are on active duty and who are killed in the line of duty, for the 3
year during which the deat h occurred and the year prior to the year 4
during which the death occurred. 5
2. For the purposes of this paragraph, "all income from all sources" shall 6
include all federal and state death benefits payable to the estate or any 7
beneficiaries; 8
(k)[(l)] Exclude all military pay received by members of the Armed Forces 9
while on active duty; 10
(l)[(m)] 1. Include the amount deducted for depreciation under 26 U.S.C. sec. 11
167 or 168; and 12
2. Exclude the amounts allowed by KRS 141.0101 for depreciation; 13
(m)[(n)] Include the amount deducted under 26 U.S.C. sec. 199A; 14
(n)[(o)] Ignore any change in the cost basis of the surviving spouse's share of 15
property owned by a Kentucky community property trust occurring for federal 16
income tax purposes as a result of the death of the predeceasing spouse; 17
(o)[(p)] Allow the same treatment allowed under Pub. L. No. 116 -260, secs. 276 18
and 278, related to the tax treatment of forgiven covered loans, deductions 19
attributable to those loans, and tax attributes associated with those loans for 20
taxable years ending on or after March 27, 2020, but before January 1, 2022; 21
and 22
(p)[(q)] For taxable years beginning on or after January 1, 2020, but before 23
March 11, 2023, allow the same treatment of restaurant revitalization grants in 24
accordance with Pub. L. No. 117 -2, sec. 9673 and 15 U.S.C. sec. 9009c, 25
related to the tax treatment of the grants, deductions attributable to those 26
grants, and tax attributes associated with those grants; and 27
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(2) Net income shall be calculated by subtracting from adjusted gro ss income all the 1
deductions allowed individuals by Chapter 1 of the Internal Revenue Code, as 2
modified by KRS 141.0101, except: 3
(a) Any deduction allowed by 26 U.S.C. sec. 164 for taxes; 4
(b) Any deduction allowed by 26 U.S.C. sec. 165 for losses, except w agering 5
losses allowed under Section 165(d) of the Internal Revenue Code; 6
(c) Any deduction allowed by 26 U.S.C. sec. 213 for medical care expenses; 7
(d) Any deduction allowed by 26 U.S.C. sec. 217 for moving expenses; 8
(e) Any deduction allowed by 26 U.S.C. sec. 67 for any other miscellaneous 9
deduction; 10
(f) Any deduction allowed by the Internal Revenue Code for amounts allowable 11
under KRS 140.090(1)(h) in calculating the value of the distributive shares of 12
the estate of a decedent, unless there is filed with the income return a 13
statement that the deduction has not been claimed under KRS 140.090(1)(h); 14
(g) Any deduction allowed by 26 U.S.C. sec. 151 for personal exemptions and 15
any other deductions in lieu thereof; 16
(h) Any deduction allowed for amounts paid to any club, organization, or 17
establishment which has been determined by the courts or an agency 18
established by the General Assembly and charged with enforcing the civil 19
rights laws of the Commonwealth, not to afford full and equal membership 20
and full and equ al enjoyment of its goods, services, facilities, privileges, 21
advantages, or accommodations to any person because of race, color, religion, 22
national origin, or sex, except nothing shall be construed to deny a deduction 23
for amounts paid to any religious or d enominational club, group, or 24
establishment or any organization operated solely for charitable or educational 25
purposes which restricts membership to persons of the same religion or 26
denomination in order to promote the religious principles for which it is 27
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established and maintained; and 1
(i) A taxpayer may elect to claim the standard deduction allowed by KRS 2
141.081 instead of itemized deductions allowed pursuant to 26 U.S.C. sec. 63 3
and as modified by this section. 4
Section 84. KRS 141.900 is amended to read as follows: 5
The definitions in this section are the same as the definitions appearing in KRS 141.010 6
prior to its repeal and reenactment in Section 53 of 2018 Ky. Acts chs. 171 and 207. For 7
taxable years beginning prior to January 1, 2018, as used in this chapter, unless the 8
context requires otherwise: 9
(1) "Commissioner" means the commissioner of the department; 10
(2) "Department" means the Department of Revenue; 11
(3) "Internal Revenue Code" means the Internal Revenue Code in effect on December 12
31, 2015, exclusive of any amendments made subsequent to that date, other than 13
amendments that extend provisions in effect on December 31, 2015, that would 14
otherwise terminate, and as modified by KRS 141.0101; 15
(4) "Dependent" means those persons defined as dependents in the Internal Revenue 16
Code; 17
(5) "Fiduciary" means ["]fiduciary["] as defined in Section 7701(a)(6) of the Internal 18
Revenue Code; 19
(6) "Fiscal year" means ["]fiscal y ear["] as defined in Section 7701(a)(24) of the 20
Internal Revenue Code; 21
(7) "Individual" means a natural person; 22
(8) "Modified gross income" means the greater of: 23
(a) Adjusted gross income as defined in Section 62 of the Internal Revenue Code 24
of 1986, inclu ding any subsequent amendments in effect on December 31 of 25
the taxable year, and adjusted as follows: 26
1. Include interest income derived from obligations of sister states and 27
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political subdivisions thereof; and 1
2. Include lump -sum pension distributions tax ed under the special 2
transition rules of Pub. L. No. 104-188, sec. 1401(c)(2); or 3
(b) Adjusted gross income as defined in subsection (10) of this section and 4
adjusted to include lump -sum pension distributions taxed under the special 5
transition rules of Pub. L. No. 104-188, sec. 1401(c)(2); 6
(9) "Gross income," in the case of taxpayers other than corporations, means ["]gross 7
income["] as defined in Section 61 of the Internal Revenue Code; 8
(10) "Adjusted gross income," in the case of taxpayers other than corpo rations, means 9
gross income as defined in subsection (9) of this section minus the deductions 10
allowed individuals by Section 62 of the Internal Revenue Code and as modified by 11
KRS 141.0101 and adjusted as follows, except that deductions shall be limited to 12
amounts allocable to income subject to taxation under the provisions of this chapter, 13
and except that nothing in this chapter shall be construed to permit the same item to 14
be deducted more than once: 15
(a) Exclude income that is exempt from state taxation b y the Kentucky 16
Constitution and the Constitution and statutory laws of the United States and 17
Kentucky; 18
(b) Exclude income from supplemental annuities provided by the Railroad 19
Retirement Act of 1937 as amended and which are subject to federal income 20
tax by Public Law 89-699; 21
(c) Include interest income derived from obligations of sister states and political 22
subdivisions thereof; 23
(d) Exclude employee pension contributions picked up as provided for in KRS 24
6.505, 16.545, 21.360, 61.523, 61.560, 65.155, 67A.320, 67A.510, 78.610, 25
and 161.540 upon a ruling by the Internal Revenue Service or the federal 26
courts that these contributions shall not be included as gross income until such 27
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time as the contributions are distributed or made available to the employee; 1
(e) Exclude Social Security and railroad retirement benefits subject to federal 2
income tax; 3
(f) Include, for taxable years ending before January 1, 1991, all overpayments of 4
federal income tax refunded or credited for taxable years; 5
(g) Deduct, for taxable years ending before January 1, 1991, federal income tax 6
paid for taxable years ending before January 1, 1990; 7
(h) Exclude any money received because of a settlement or judgment in a lawsuit 8
brought against a manufacturer or distributor of "Agent Orange" for dama ges 9
resulting from exposure to Agent Orange by a member or veteran of the 10
Armed Forces of the United States or any dependent of such person who 11
served in Vietnam; 12
(i) 1. For taxable years ending prior to December 31, 2005, exclude the 13
applicable amount of total distributions from pension plans, annuity 14
contracts, profit -sharing plans, retirement plans, or employee savings 15
plans. The "applicable amount" shall be: 16
a. Twenty-five percent (25%), but not more than six thousand two 17
hundred fifty dollars ($6,250), for taxable years beginning after 18
December 31, 1994, and before January 1, 1996; 19
b. Fifty percent (50%), but not more than twelve thousand five 20
hundred dollars ($12,500), for taxable years beginning after 21
December 31, 1995, and before January 1, 1997; 22
c. Seventy-five percent (75%), but not more than eighteen thousand 23
seven hundred fifty dollars ($18,750), for taxable years beginning 24
after December 31, 1996, and before January 1, 1998; and 25
d. One hundred percent (100%), but not more than thirty -five 26
thousand dollars ($35,000), for taxable years beginning after 27
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December 31, 1997. 1
2. For taxable years beginning after December 31, 2005, exclude up to 2
forty-one thousand one hundred ten dollars ($41,110) of total 3
distributions from pension plans, annuity contr acts, profit-sharing plans, 4
retirement plans, or employee savings plans. 5
3. As used in this paragraph: 6
a. "Distributions" includes but is not limited to any lump -sum 7
distribution from pension or profit -sharing plans qualifying for the 8
income tax averaging provisions of Section 402 of the Internal 9
Revenue Code; any distribution from an individual retirement 10
account as defined in Section 408 of the Internal Revenue Code; 11
and any disability pension distribution; 12
b. "Annuity contract" has the same meaning as [set forth ] in Section 13
1035 of the Internal Revenue Code; and 14
c. "Pension plans, profit-sharing plans, retirement plans, or employee 15
savings plans" means any trust or other entity created or organized 16
under a written retirement plan and forming part of a sto ck bonus, 17
pension, or profit-sharing plan of a public or private employer for 18
the exclusive benefit of employees or their beneficiaries and 19
includes plans qualified or unqualified under Section 401 of the 20
Internal Revenue Code and individual retirement acc ounts as 21
defined in Section 408 of the Internal Revenue Code; 22
(j) 1. a. Exclude the portion of the distributive share of a shareholder's net 23
income from an S corporation subject to the franchise tax imposed 24
under KRS 136.505 or the capital stock tax impose d under KRS 25
136.300; and 26
b. Exclude the portion of the distributive share of a shareholder's net 27
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income from an S corporation related to a qualified subchapter S 1
subsidiary subject to the franchise tax imposed under KRS 2
136.505 or the capital stock tax imposed under KRS 136.300. 3
2. The shareholder's basis of stock held in a S corporation where the S 4
corporation or its qualified subchapter S subsidiary is subject to the 5
franchise tax imposed under KRS 136.505 or the capital stock tax 6
imposed under KRS 136.30 0 shall be the same as the basis for federal 7
income tax purposes; 8
(k) Exclude, to the extent not already excluded from gross income, any amounts 9
paid for health insurance, or the value of any voucher or similar instrument 10
used to provide health insurance, which constitutes medical care coverage for 11
the taxpayer, the taxpayer's spouse, and dependents, or for any person 12
authorized to be provided excludable coverage by the taxpayer pursuant to the 13
federal Patient Protection and Affordable Care Act of 2010, Pub . L. No. 111 -14
148, or the Health Care and Education Reconciliation Act of 2010, Pub. L. 15
No. 111-152, during the taxable year. Any amounts paid by the taxpayer for 16
health insurance that are excluded pursuant to this paragraph shall not be 17
allowed as a deduct ion in computing the taxpayer's net income under 18
subsection (11) of this section; 19
(l) Exclude income received for services performed as a precinct worker for 20
election training or for working at election booths in state, county, and local 21
primary, regular, or special elections; 22
(m) Exclude any amount paid during the taxable year for insurance for long -term 23
care as defined in KRS 304.14-600; 24
(n) [Exclude any capital gains income attributable to property taken by eminent 25
domain; 26
(o) ]Exclude any amount receive d by a producer of tobacco or a tobacco quota 27
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owner from the multistate settlement with the tobacco industry, known as the 1
Master Settlement Agreement, signed on November 22, 1998; 2
(o)[(p)] Exclude any amount received from the secondary settlement fund, 3
referred to as "Phase II," established by tobacco companies to compensate 4
tobacco farmers and quota owners for anticipated financial losses caused by 5
the national tobacco settlement; 6
(p)[(q)] Exclude any amount received from funds of the Commodity Credit 7
Corporation for the Tobacco Loss Assistance Program as a result of a 8
reduction in the quantity of tobacco quota allotted; 9
(q)[(r)] Exclude any amount received as a result of a tobacco quota buydown 10
program that all quota owners and growers are eligible to participate in; 11
(r)[(s)] Exclude state Phase II payments received by a producer of tobacco or a 12
tobacco quota owner; 13
(s)[(t)] Exclude all income from all sources for active duty and reserve 14
members and officers of the Armed Forces of the United States or Nati onal 15
Guard who are killed in the line of duty, for the year during which the death 16
occurred and the year prior to the year during which the death occurred. For 17
the purposes of this paragraph, "all income from all sources" shall include all 18
federal and state death benefits payable to the estate or any beneficiaries; and 19
(t)[(u)] For taxable years beginning on or after January 1, 2010, exclude all 20
military pay received by active duty members of the Armed Forces of the 21
United States, members of reserve compone nts of the Armed Forces of the 22
United States, and members of the National Guard, including compensation 23
for state active duty as described in KRS 38.205; 24
(11) "Net income," in the case of taxpayers other than corporations, means adjusted 25
gross income as defined in subsection (10) of this section, minus: 26
(a) The deduction allowed by KRS 141.0202 as it existed prior to January 1, 27
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2018; 1
(b) Any amount paid for vouchers or similar instruments that provide health 2
insurance coverage to employees or their families; 3
(c) For taxable years beginning on or after January 1, 2010, the amount of 4
domestic production activities deduction calculated at six percent (6%) as 5
allowed in Section 199(a)(2) of the Internal Revenue Code for taxable years 6
beginning before 2010; and 7
(d) 1. All the deductions allowed individuals by Chapter 1 of the Internal 8
Revenue Code as modified by KRS 141.0101 except: 9
a. Any deduction allowed by the Internal Revenue Code for state or 10
foreign taxes measured by gross or net income, including state and 11
local general sales taxes allowed in lieu of state and local income 12
taxes under the provisions of Section 164(b)(5) of the In ternal 13
Revenue Code; 14
b. Any deduction allowed by the Internal Revenue Code for amounts 15
allowable under KRS 140.090(1)(h) in calculating the value of the 16
distributive shares of the estate of a decedent, unless there is filed 17
with the income return a stateme nt that such deduction has not 18
been claimed under KRS 140.090(1)(h); 19
c. The deduction for personal exemptions allowed under Section 151 20
of the Internal Revenue Code and any other deductions in lieu 21
thereof; 22
d. For taxable years beginning on or after Januar y 1, 2010, the 23
domestic production activities deduction allowed under Section 24
199 of the Internal Revenue Code; 25
e. Any deduction for amounts paid to any club, organization, or 26
establishment which has been determined by the courts or an 27
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agency established b y the General Assembly and charged with 1
enforcing the civil rights laws of the Commonwealth, not to afford 2
full and equal membership and full and equal enjoyment of its 3
goods, services, facilities, privileges, advantages, or 4
accommodations to any person be cause of race, color, religion, 5
national origin, or sex, except nothing shall be construed to deny a 6
deduction for amounts paid to any religious or denominational 7
club, group, or establishment or any organization operated solely 8
for charitable or education al purposes which restricts membership 9
to persons of the same religion or denomination in order to 10
promote the religious principles for which it is established and 11
maintained; 12
f. Any deduction directly or indirectly allocable to income which is 13
either exem pt from taxation or otherwise not taxed under this 14
chapter; 15
g. The itemized deduction limitation established in 26 U.S.C. sec. 68 16
shall be determined using the applicable amount from 26 U.S.C. 17
sec. 68 as it existed on December 31, 2006; and 18
h. A taxpayer m ay elect to claim the standard deduction allowed by 19
KRS 141.081 instead of itemized deductions allowed pursuant to 20
26 U.S.C. sec. 63 and as modified by this section; and 21
2. Nothing in this chapter shall be construed to permit the same item to be 22
deducted more than once; 23
(12) "Gross income," in the case of corporations, means ["]gross income["] as defined in 24
Section 61 of the Internal Revenue Code and as modified by KRS 141.0101 and 25
adjusted as follows: 26
(a) Exclude income that is exempt from state taxation by the Kentucky 27
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Constitution and the Constitution and statutory laws of the United States; 1
(b) Exclude all dividend income received after December 31, 1969; 2
(c) Include interest income derived from obligati ons of sister states and political 3
subdivisions thereof; 4
(d) Exclude fifty percent (50%) of gross income derived from any disposal of 5
coal covered by Section 631(c) of the Internal Revenue Code if the 6
corporation does not claim any deduction for percentage depletion, or for 7
expenditures attributable to the making and administering of the contract 8
under which such disposition occurs or to the preservation of the economic 9
interests retained under such contract; 10
(e) Include the amount calculated under KRS 141.205; 11
(f) Ignore the provisions of Section 281 of the Internal Revenue Code in 12
computing gross income; 13
(g) Exclude income from "safe harbor leases" (Section 168(f)(8) of the Internal 14
Revenue Code); 15
(h) Exclude any amount received by a producer of tobacco or a tobacco quota 16
owner from the multistate settlement with the tobacco industry, known as the 17
Master Settlement Agreement, signed on November 22, 1998; 18
(i) Exclude any amount received from the secondary settlement fund, referred to 19
as "Phase II," establish ed by tobacco companies to compensate tobacco 20
farmers and quota owners for anticipated financial losses caused by the 21
national tobacco settlement; 22
(j) Exclude any amount received from funds of the Commodity Credit 23
Corporation for the Tobacco Loss Assistanc e Program as a result of a 24
reduction in the quantity of tobacco quota allotted; 25
(k) Exclude any amount received as a result of a tobacco quota buydown program 26
that all quota owners and growers are eligible to participate in; 27
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(l) For taxable years beginning after December 31, 2004, and before January 1, 1
2007, exclude the distributive share income or loss received from a 2
corporation defined in subsection (24)(b) of this section whose income has 3
been subject to the tax imposed by KRS 141.040. The exclusion pro vided in 4
this paragraph shall also apply to a taxable year that begins prior to January 1, 5
2005, if the tax imposed by KRS 141.040 is paid on the distributive share 6
income by a corporation defined in subparagraphs 2. to 8. of subsection 7
(24)(b) of this sec tion with a return filed for a period of less than twelve (12) 8
months that begins on or after January 1, 2005, and ends on or before 9
December 31, 2005. This paragraph shall not be used to delay payment of the 10
tax imposed by KRS 141.040; and 11
(m) Exclude sta te Phase II payments received by a producer of tobacco or a 12
tobacco quota owner; 13
(13) "Net income," in the case of corporations, means ["]gross income["] as defined in 14
subsection (12) of this section minus: 15
(a) The deduction allowed by KRS 141.0202 as it e xisted prior to January 1, 16
2018; 17
(b) Any amount paid for vouchers or similar instruments that provide health 18
insurance coverage to employees or their families; 19
(c) For taxable years beginning on or after January 1, 2010, the amount of 20
domestic production activities deduction calculated at six percent (6%) as 21
allowed in Section 199(a)(2) of the Internal Revenue Code for taxable years 22
beginning before 2010; and 23
(d) All the deductions from gross income allowed corporations by Chapter 1 of 24
the Internal Revenue Code and as modified by KRS 141.0101, except: 25
1. Any deduction for a state tax which is computed, in whole or in part, by 26
reference to gross or net income and which is paid or accrued to any 27
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state of the United States, the District of Columbia, the Commonwealth 1
of Puerto Rico, any territory or possession of the United States, or to any 2
foreign country or political subdivision thereof; 3
2. The deductions contained in Sections 243, 245, and 247 of the Internal 4
Revenue Code; 5
3. The provisions of Section 281 of the Internal Revenue Code shall be 6
ignored in computing net income; 7
4. Any deduction directly or indirectly allocable to income which is either 8
exempt from taxation or otherwise not taxed under the provisions of this 9
chapter, and nothing in this chapter shall be construed to permit the 10
same item to be deducted more than once; 11
5. Exclude expenses related to "safe harbor leases" (Section 168(f)(8) of 12
the Internal Revenue Code); 13
6. Any deduction for amounts paid to any club, organization, or 14
establishment which has been determined by the courts o r an agency 15
established by the General Assembly and charged with enforcing the 16
civil rights laws of the Commonwealth, not to afford full and equal 17
membership and full and equal enjoyment of its goods, services, 18
facilities, privileges, advantages, or accomm odations to any person 19
because of race, color, religion, national origin, or sex, except nothing 20
shall be construed to deny a deduction for amounts paid to any religious 21
or denominational club, group, or establishment or any organization 22
operated solely fo r charitable or educational purposes which restricts 23
membership to persons of the same religion or denomination in order to 24
promote the religious principles for which it is established and 25
maintained; 26
7. Any deduction prohibited by KRS 141.205; 27
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8. Any divi dends-paid deduction of any captive real estate investment 1
trust; and 2
9. For taxable years beginning on or after January 1, 2010, the domestic 3
production activities deduction allowed under Section 199 of the 4
Internal Revenue Code; 5
(14) (a) "Taxable net income," in the case of corporations that are taxable in this state, 6
means ["]net income["] as defined in subsection (13) of this section; 7
(b) "Taxable net income," in the case of corporations that are taxable in this state 8
and taxable in another state, means ["]net income["] as defined in subsection 9
(13) of this section and as allocated and apportioned under KRS 141.901. A 10
corporation is taxable in another state if, in any state other than Kentucky, the 11
corporation is required to file a return for or pay a ne t income tax, franchise 12
tax measured by net income, franchise tax for the privilege of doing business, 13
or corporate stock tax; 14
(c) "Taxable net income," in the case of homeowners' associations as defined in 15
Section 528(c) of the Internal Revenue Code, mean s ["]taxable income["] as 16
defined in Section 528(d) of the Internal Revenue Code. Notwithstanding the 17
provisions of subsection (3) of this section, the Internal Revenue Code 18
sections referred to in this paragraph shall be those code sections in effect for 19
the applicable tax year; and 20
(d) "Taxable net income," in the case of a corporation that meets the requirements 21
established under Section 856 of the Internal Revenue Code to be a real estate 22
investment trust, means ["]real estate investment trust taxable i ncome["] as 23
defined in Section 857(b)(2) of the Internal Revenue Code, except that a 24
captive real estate investment trust shall not be allowed any deduction for 25
dividends paid; 26
(15) "Person" means ["]person["] as defined in Section 7701(a)(1) of the Intern al 27
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Revenue Code; 1
(16) "Taxable year" means the calendar year or fiscal year ending during such calendar 2
year, upon the basis of which net income is computed, and in the case of a return 3
made for a fractional part of a year under the provisions of this chap ter or under 4
administrative regulations prescribed by the commissioner, "taxable year" means 5
the period for which the return is made; 6
(17) "Resident" means an individual domiciled within this state or an individual who is 7
not domiciled in this state, but maintains a place of abode in this state and spends in 8
the aggregate more than one hundred eighty -three (183) days of the taxable year in 9
this state; 10
(18) "Nonresident" means any individual not a resident of this state; 11
(19) "Employer" means ["]employer["] as defined in Section 3401(d) of the Internal 12
Revenue Code; 13
(20) "Employee" means ["]employee["] as defined in Section 3401(c) of the Internal 14
Revenue Code; 15
(21) "Number of withholding exemptions claimed" means the number of withholding 16
exemptions claimed in a withholding exemption certificate in effect under KRS 17
141.325, except that if no such certificate is in effect, the number of withholding 18
exemptions claimed shall be considered to be zero (0); 19
(22) "Wages" means ["]wages["] as defined in Section 3401( a) of the Internal Revenue 20
Code and includes other income subject to withholding as provided in Section 21
3401(f) and Section 3402(k), (o), (p), (q), and (s) of the Internal Revenue Code; 22
(23) "Payroll period" means ["]payroll period ["] as defined in Section 3401(b) of the 23
Internal Revenue Code; 24
(24) (a) For taxable years beginning before January 1, 2005, and after December 31, 25
2006, "corporation" means ["]corporation["] as defined in Section 7701(a)(3) 26
of the Internal Revenue Code; and 27
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(b) For taxable years beginning after December 31, 2004, and before January 1, 1
2007, "corporations" means: 2
1. ["]Corporations["] as defined in Section 7701(a)(3) of the Internal 3
Revenue Code; 4
2. S corporations as defined in Section 1361(a) of the Internal Reve nue 5
Code; 6
3. A foreign limited liability company as defined in KRS 275.015; 7
4. A limited liability company as defined in KRS 275.015; 8
5. A professional limited liability company as defined in KRS 275.015; 9
6. A foreign limited partnership as defined in KRS 362.2-102(9); 10
7. A limited partnership as defined in KRS 362.2-102(14); 11
8. A limited liability partnership as defined in KRS 362.155(7) or in 362.1-12
101(7) or (8); 13
9. A real estate investment trust as defined in Section 856 of the Internal 14
Revenue Code; 15
10. A regulated investment company as defined in Section 851 of the 16
Internal Revenue Code; 17
11. A real estate mortgage investment conduit as defined in Section 860D of 18
the Internal Revenue Code; 19
12. A financial asset securitization investment trust as defined in Section 20
860L of the Internal Revenue Code; and 21
13. Other similar entities created with limited liability for their partners, 22
members, or shareholders. 23
For purposes of this paragraph, "corporation" shall not include any publicly 24
traded partnership as de fined by Section 7704(b) of the Internal Revenue 25
Code that is treated as a partnership for federal tax purposes under Section 26
7704(c) of the Internal Revenue Code or its publicly traded partnership 27
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affiliates. As used in this paragraph, "publicly traded pa rtnership affiliates" 1
shall include any limited liability company or limited partnership for which at 2
least eighty percent (80%) of the limited liability company member interests 3
or limited partner interests are owned directly or indirectly by the publicly 4
traded partnership; 5
(25) "Doing business in this state" includes but is not limited to: 6
(a) Being organized under the laws of this state; 7
(b) Having a commercial domicile in this state; 8
(c) Owning or leasing property in this state; 9
(d) Having one (1) or more individuals performing services in this state; 10
(e) Maintaining an interest in a pass-through entity doing business in this state; 11
(f) Deriving income from or attributable to sources within this state, including 12
deriving income directly or indirectly fr om a trust doing business in this state, 13
or deriving income directly or indirectly from a single -member limited 14
liability company that is doing business in this state and is disregarded as an 15
entity separate from its single member for federal income tax purposes; or 16
(g) Directing activities at Kentucky customers for the purpose of selling them 17
goods or services. 18
[Nothing in ]This subsection shall not be interpreted in a manner that goes beyond 19
the limitations imposed and protections provided by the United States Constitution 20
or Pub. L. No. 86-272; 21
(26) "Pass-through entity" means any partnership, S corporation, limited liability 22
company, limited liability partnership, limited partnership, or similar entity 23
recognized by the laws of this state that is not ta xed for federal purposes at the 24
entity level, but instead passes to each partner, member, shareholder, or owner their 25
proportionate share of income, deductions, gains, losses, credits, and any other 26
similar attributes; 27
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(27) "S corporation" means ["]S corpo ration["] as defined in Section 1361(a) of the 1
Internal Revenue Code; 2
(28) "Limited liability pass -through entity" means any pass -through entity that affords 3
any of its partners, members, shareholders, or owners, through function of the laws 4
of this state or laws recognized by this state, protection from general liability for 5
actions of the entity; and 6
(29) "Captive real estate investment trust" means a real estate investment trust as defined 7
in Section 856 of the Internal Revenue Code that meets the following requirements: 8
(a) 1. The shares or other ownership interests of the rea l estate investment 9
trust are not regularly traded on an established securities market; or 10
2. The real estate investment trust does not have enough shareholders or 11
owners to be required to register with the Securities and Exchange 12
Commission; and 13
(b) 1. The maximum amount of stock or other ownership interest that is owned 14
or constructively owned by a corporation equals or exceeds: 15
a. Twenty-five percent (25%), if the corporation does not occupy 16
property owned, constructively owned, or controlled by the real 17
estate investment trust; or 18
b. Ten percent (10%), if the corporation occupies property owned, 19
constructively owned, or controlled by the real estate investment 20
trust. 21
The total ownership interest of a corporation shall be determined by 22
aggregating all in terests owned or constructively owned by a 23
corporation; 24
2. For the purposes of this paragraph: 25
a. "Corporation" means a corporation taxable under KRS 141.040, 26
and includes an affiliated group as defined in KRS 141.200, that is 27
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required to file a consolidat ed return pursuant to the provisions of 1
KRS 141.200; and 2
b. "Owned or constructively owned" means owning shares or having 3
an ownership interest in the real estate investment trust, or owning 4
an interest in an entity that owns shares or has an ownership 5
interest in the real estate investment trust. Constructive ownership 6
shall be determined by looking across multiple layers of a 7
multilayer pass-through structure; and 8
(c) The real estate investment trust is not owned by another real estate investment 9
trust. 10
Section 85. KRS 146.280 is amended to read as follows: 11
(1) Within the boundaries of a designated stream area [,] as established and authorized 12
by the Kentucky General Assembly, the office shall be authorized and empowered 13
to acquire by purchase, [ exercise of the rights of eminent domain,] grant, gift, 14
devise, or otherwise [,] the fee simple title, an easement, or any acceptable lesser 15
interest in any lands, and by lease or conveyance, contract for the right to use and 16
occupy any lands. Where property within those[such ]boundaries is owned by the 17
federal government, the office may[can] enter into agreements with the la ndowning 18
agency concerning use of the property consistent with the objectives of KRS 19
146.200 to 146.360. [ Nothing in KRS 146.200 to 146.360 shall be construed to 20
deprive a landowner of the fee simple title to or lesser interest in his property 21
without just compensation.] 22
(2) The office shall[may] not exercise authority to acquire lands or interests in lands 23
located within any incorporated city or county when those[such] entities have in 24
force a duly adopted, valid ordinance or plan for the management, zonin g and 25
protection of the[such] lands in accordance with [the provisions of ]KRS 146.200 to 26
146.360. 27
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Section 86. KRS 146.290 is amended to read as follows: 1
(1) [The provisions of ] This section shall not apply to those uses existing at the[such] 2
time [as ]a stream is included in the system. 3
(2) Land uses to be allowed within the boundaries of a designated stream area shall be 4
as follows: 5
New roads, structures, or buildings may be constructed only where necessary 6
to effect a use permitted under [the other provisions of ] KRS 146.200 to 146.360. 7
Utility lines or pipelines may be constructed as approved by the office in writing 8
and under provision that the affected land be restored as nearly as possible to its 9
former state. T his provision, however, shall not[in no way] affect the rights 10
between a landowner and a utility company or pipeline company. There shall be no 11
strip mining as defined in KRS 350.010, and select cutting of timber or other 12
resource removal and agricultural use[,] may be allowed pursuant to administrative 13
regulations promulgated by the secretary in accordance with KRS Chapter 13A 14
upon the granting of a permit under [the other provisions of ] KRS 146.200 to 15
146.360. All instream disturbances such as dredging [,] shall be prohibited. Except 16
for the management agency and any existing uses which do not conform to the 17
purposes and intent of KRS 146.200 to 146.360, travel upon a wild river or any 18
public lands within its[the] designated boundaries [ thereof,] shall be b y foot, 19
horseback, canoe, boat, or other nonmechanical modes of transportation. If there are 20
existing agricultural areas within the boundaries of the area, those[such] areas may 21
continue to be used for agricultural purposes. 22
(3) Any landowner within the boundaries of the area may apply to the office for a 23
change of use to permit the select cutting of timber, a resource removal , or an 24
agricultural use upon his or her property located within the area. The office shall 25
provide public notice within thirty (30) days of the receipt of the permit application, 26
and the landowner or any interested person may, within thirty (30) days of the 27
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public notice, request a public hearing and provide any evidence or information as 1
to whether the proposed use by the applying landowner is in accordance with the 2
management plan developed pursuant to KRS 146.270, the purpose and intent of 3
the Wild Rivers Act as expressed in KRS 146.220, and other applicable law. 4
(4) The office shall, within thirty (30) days of the close of the comment period, or 5
public hearing, if one is requested[, either]: 6
(a) Issue an order, with accompanying opinion, denying the permit;[ or ] 7
(b) Issue an order, with accom panying opinion, granting the permit with 8
any[such] restrictions, terms, and conditions [as are ]appropriate to protect to 9
the fullest extent possible the wild rivers area and the public trust therein 10
within the intent of KRS 146.220; or 11
(c) Recommend an alternate use to which the land may be put under KRS 12
146.200 to 146.360 which is more consistent with the purposes and intent of 13
KRS 146.200 to 146.360 than the use for which application was made[; or 14
(d) Institute condemnation proceedings in the circuit court of the county in which 15
the land is located or else negotiate a purchase of the land affected, or any 16
interest therein]. 17
(5) On or before thirty (30) days from the date of the office's determination, the 18
landowner may file with the office a written objection to the determination. If, 19
within the next sixty (60) days the landowner and the secretary are unable to reach 20
an agreement with respect to a modification of the determination, the office must 21
either permit the use applied for [, condemn the property,] or petition the Franklin 22
Circuit Court for an order restraining the proposed use. The order shall be entered 23
immediately upon t he filing of the petition and the execution of a bond without 24
surety by the Commonwealth in an amount satisfactory to the court to indemnify 25
the landowner against loss of profits from any wrongful restraint of the use of his or 26
her property during the period from the filing of the petition until [such time as ]the 27
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matter is concluded by the courts. The court shall review the decision as to both law 1
and fact; but no factual finding shall be reversed unless clearly erroneous or else 2
arbitrary, capricious, or an abuse of discretion. 3
Section 87. KRS 146.475 is amended to read as follows: 4
The fee simple estates, [or ] lesser interests, or other contractual rights held as nature 5
preserves are hereby declared to be held in trust [,] in the name of the Commonwealth [,] 6
for those uses and purposes expressed in KRS 146.410 to 146.530 which are not 7
prohibited by the articles of dedication, for the benefit of the people of the 8
Commonwealth of Kentucky of present and future generations and are declared to be put 9
to their highest, best , and most important use for the public benefit. [ Said ] Estates, 10
interests, or rights held as nature preserves shall be managed and protected in the manner 11
approved by[,] and subject to the rules and regulations established by the office[, and they 12
shall not be taken by another public body through eminent domain or otherwise for any 13
other use, except after a finding by the office of the existence of an imperative and 14
unavoidable public necessity for such other public use] . Except as may otherwise be 15
provided in the articles of dedication, the office may grant or dispose of an estate, 16
interest, or right held in a nature preserve only after a finding by the office of the 17
existence of an imperative and unavoidable public necessity for the[such] grant or 18
disposition; provided however, that where less than a fee simple interest has been 19
dedicated, the[such] disposition or grant shall also require the written consent of the 20
owner or owners of the other interests in the property[therein]. 21
Section 88. KRS 146.485 is amended to read as follows: 22
In furtherance of the purposes of KRS 146.410 to 146.530, the office shall have the 23
following additional powers and duties: 24
(1) To seek and approve the dedication of nature preserves as part of the system; 25
(2) To make and publish policies and rules, and to recommend to the secretary the 26
promulgation of administrative regulations in accordance with KRS Chapter 13A 27
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for the selection, acquisition, management, protection, and use of natural areas and 1
nature preserves, and for the conduct of office affairs; 2
(3) To cooperate with and to contract with any public body of this state, any public 3
body of any other state, any private organization, any individual, and the federal 4
government and its agencies; 5
(4) To purchase land from a willing seller [ without the use of the powers of 6
condemnation or eminent domain, which said powers are expressly denied to the 7
office]; 8
(5) To make reasonable investigations as to the ownership of any lands which it judges 9
may be appropriate for acquisition; 10
(6) To maintain a state registry of natural areas, an inventory of natural types, flora, and 11
fauna, and other records of natural areas and na ture preserves within the 12
Commonwealth; 13
(7) To promote the coordination of all departments, divisions , and branches of state, 14
county, and city governments within the Commonwealth which relate to nature 15
preserves; 16
(8) To study the operation of all laws, rul es, regulations, orders, and governmental 17
policies affecting conservation of natural resources pertaining to natural areas, and 18
to recommend to the Governor, and to the General Assembly, new legislation, rules, 19
regulations, orders , and policies in the inte rest of correcting natural resource 20
conservation problems pertaining to natural areas and nature preserves; 21
(9) To provide a central clearing house of information for environmental and 22
conservation matters and to promote educational programs pertaining to natural 23
areas and nature preserves; 24
(10) To conduct research, investigations, public hearings, and interpretative programs 25
and to publish and disseminate information to the general public pertaining to 26
natural areas and nature preserves; 27
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(11) To supervise the protection, management, and use of nature preserves and to 1
enforce and administer rules and regulations pertaining thereto; 2
(12) To promote, study, investigate, recommend, encourage, advise and assist in the 3
preservation, protection, and management of natural areas; 4
(13) To report to the Governor and General Assembly on proposed legislation, policies, 5
regulations, or actions, public or private, which may significantly affect the quality 6
of the natural ecology or the human environment in the Commonwealth . The [ 7
. Such] report shall include an evaluation of environmental and ecological effects, 8
and shall compare any adverse effects of the proposed action against possible social 9
benefits. The report shall describe and recommend appropriate alternatives that[, 10
which] avoid significant adverse effects on the quality of the natural ecology of 11
natural areas; 12
(14) To submit to the Governor and members of the General Assembly [,] a report on or 13
before October 1 of each even -numbered year, detailing the condition of each 14
nature preserve in the system, and each registered natural area, and make other 15
reports and recommendations as it may deem advisable. 16
Section 89. KRS 147A.080 is amended to read as follows: 17
Each board of directors shall have the power and authority to: 18
(1) Adopt and have a common seal and alter the seal[same] at pleasure; 19
(2) Sue and be sued; 20
(3) Adopt bylaws and make rules and regulations for the conduct of its business; 21
(4) Make and enter into all contracts or agr eements necessary or incidental to the 22
performance of its duties; 23
(5) Provide upon request basic administrative, research, and planning services for any 24
planning and development body located within the district; 25
(6) Accept, receive, and administer loans, g rants, or other funds or gifts from public 26
and private agencies including the Commonwealth and the federal government for 27
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the purpose of carrying out the functions of the district; 1
(7) Expend [such ] funds it deems [as may be considered by it to be] advisable or 2
necessary in the performance of its duties; 3
(8) Acquire, hold as may be necessary and convenient, encumber, or dispose of real 4
and personal property [, except that no board shall have the power of eminent 5
domain]; 6
(9) Charge fees, rents, and otherwise charge for services provided by the board, except 7
that no board shall have any power to levy taxes; 8
(10) Enter into interlocal agreements or interstate compacts to the extent authorized by 9
laws of the Commonwealth . An area development district organization shall be 10
deemed a "public agency" as defined by the Interlocal Cooperation Act in KRS 11
Chapter 65; 12
(11) Promote, organize, and advise special districts or other authorities in accordance 13
with laws of the Commonwea lth and act as the regional clearinghouse for 14
related[such] programs and projects [as ]prescribed by federal regulation; 15
(12) Perform any[such] other and further acts [ as may be] necessary to carry out the 16
duties and responsibilities created by KRS 147A.050 to 147A.120. 17
Section 90. KRS 148.0223 is amended to read as follows: 18
(1) The KMRRA shall: 19
(a) Supervise the design and construction of trail systems within the KMRA and 20
provide all management functions for the trails a nd for any other property 21
built, acquired, or leased pursuant to its powers under KRS 148.0221 to 22
148.0225; 23
(b) Construct, develop, manage, maintain, operate, improve, renovate, finance, or 24
otherwise provide for recreational and trail -related activities an d facilities on 25
designated public lands and private lands of participating landowners who 26
have voluntarily entered into use agreements with the board; 27
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(c) Promote the growth and development of the trail system, tourism, and the 1
hotel, restaurant, and enter tainment industry within the KMRA and the 2
Commonwealth, through marketing KMRA to enhance local economic and 3
tourism development; 4
(d) Establish agreements with other persons, businesses, agencies, organizations, 5
or any other entity to levy a surcharge on t ickets for events, activities, 6
festivals, or functions that are cosponsored with other entities and contribute 7
to the authority's operating revenue; and 8
(e) Procure insurance against any losses in connection with its property, licenses, 9
easements, or contr acts, including hold -harmless agreements, operations, or 10
assets in [such ]amounts and from [such ]insurers that[as] the board considers 11
desirable. 12
(2) The board's management program shall prioritize contractual arrangements with 13
private landowners to use l and for recreational purposes, which shall not diminish 14
the participating landowner's interest, control, or profitability of the land. If 15
necessary to implement a comprehensive trail system, the board may also contract 16
with public landowners through contra ctual agreements that recognize the primary 17
mission for which the public entity controls and manages the land. 18
(3) The board may carry out any of the following to accomplish the purposes of KRS 19
148.0221 to 148.0225: 20
(a) Acquire, own, and hold property, and all interests in the property[therein], by 21
deed, purchase, gift, devise, bequest, or lease, or by transfer from the State 22
Property and Buildings Commission [, except that the authority shall not 23
acquire property through the exercise of the power of eminent domain]; 24
(b) Dispose of any property acquired in any manner provided by law; 25
(c) Lease property, whether as lessee or lessor, and acquire or grant through 26
easement, license, or other appropriate legal form, the right to develop and use 27
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property and open it to the use of the public; 1
(d) Mortgage or otherwise grant security interests in its property; 2
(e) Maintain sinking funds and reserves as the board determines appropriate for 3
the purposes of meeting future monetary obligations and needs of the 4
authority; however, contributions to a sinking fund during a fiscal year shall 5
not exceed ten percent (10%) of the total fees collected during the prior year; 6
(f) Sue and be sued, plead and be impleaded, and complain and defend in any 7
court; 8
(g) Make contracts and ex ecute instruments necessary for carrying on its 9
business, including contracts with any Kentucky state agency, the federal 10
government, or any person, individual, partnership, or corporation to effect 11
any or all of the purposes of KRS 148.0221 to 148.0225, as follows: 12
1. Contracts shall go through a public bidding process; 13
2. Contracts for one thousand dollars ($1,000) or more shall be sent, with 14
at least three (3) bids from separate entities, to the Department for Local 15
Government for review and final approval; 16
3. Bids from entities within KMRRA participating counties are to be given 17
preference over competing bidders from outside of KMRRA 18
participating counties; and 19
4. If the Department for Local Government has not given a response in the 20
form of an approval or rejection after five (5) business days from the 21
date the department received the contract to be reviewed, it shall be 22
considered approved; 23
(h) Accept grants and loans from and enter into contracts and other transactions 24
with any federal agency, regional commission, or state agency for 25
accomplishing the purposes of KRS 148.0221 to 148.0225; 26
(i) Borrow money and issue bonds, security interests, or notes; 27
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(j) Provide for and secure the payment of the bonds, security interests, or notes; 1
(k) Provide for the rights of the holders of the bonds, security interests, or notes; 2
(l) Purchase, hold, and dispose of any of its bonds, security interests, or notes; 3
(m) Accept gifts or grants of property, security interests, money, labor, supplies, 4
or services from any governmental unit or from any person, firm, or 5
corporation; 6
(n) Establish a regional recreational trail system based upon contracts and 7
agreements with participating landowners. The board may enter into contracts 8
with landowners, and other persons holding an interest in the land being used 9
for its recreational facilities, to hold those landowners harmless with respect 10
to any claim in tort growing out of the use of the land for public recreation or 11
growing out of the recreational activities operated or managed by the board 12
from any claim, except a claim for damages proximately caused by the willful 13
or malicious conduct of the landowner or any of his or her agents or 14
employees; 15
(o) 1. Establish a fee-based system of permits, user registrations, or other trail 16
or facility access mechanisms. 17
2. The fees may be imposed for access to and use of the trails, parking 18
facilities, visitor centers, or other trail -related recreational purpose 19
facilities or recreation activities that are part of the KMRA or as an 20
admission to an event. 21
3. The fees shall be decided by the board. 22
4. The KMRRA shall retain and use the revenue from fees for any 23
purposes consistent with KR S 148.0221 to 148.0225 and within the 24
guidelines in subsection (4) of this section; 25
(p) Promulgate administrative regulations in accordance with KRS Chapter 13A 26
to govern use and maintenance of the KMRA and any other matters for 27
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effective management of the KMRA; 1
(q) Cooperate and contract with the regional recreation authorities of Tennessee, 2
Virginia, West Virginia, and other contiguous states to connect the trails in 3
Kentucky with similar recreation facilities in those states; and 4
(r) Exercise all of the powers that a corporation may lawfully exercise under the 5
laws of the Commonwealth. 6
(4) The fees collected by the KMRRA are to be used within the following guidelines: 7
(a) To pay the salary of the executive director and all staff of the KMRRA; 8
(b) To reimburse travel expenses of board members including lodging, subject to 9
Finance and Administration Cabinet administrative regulations; 10
(c) To fund the construction, maintenance, and all necessary expenses of the 11
KMRRA trail system; 12
(d) To maintain a sinking fu nd with contributions to the fund during a fiscal year 13
not to exceed ten percent (10%) of the total fees collected during the prior 14
year and the total fund not to exceed a balance of one million dollars 15
($1,000,000) at the end of any fiscal year; and 16
(e) Any remaining moneys not already appropriated in accordance with KRS 17
148.0221 to 148.0225 at the end of the fiscal year are to be sent to the 18
Department for Local Government to be placed into an account to be used 19
exclusively for economic development grants in KMRRA participating 20
counties. These grants shall give preference to projects in economically 21
distressed counties, then to at -risk counties, and then to transitional counties, 22
as defined by the Appalachian Regional Commission. 23
(5) [Nothing in ]This section shall not be construed as a waiver of sovereign immunity. 24
Section 91. KRS 148.031 is amended to read as follows: 25
(1) The cost of acquiring , equipping, [ parks] and constru cting improvements and 26
facilities in parks[therein and equipping same] may be defrayed by funds received 27
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from general expenditure fund appropriations, gifts, the use of money received as 1
fees and charges for the use of the[said] parks and facilities, or by the issuance of 2
revenue bonds, or by a combination of those[such] sources of funds. 3
(2) In the event revenue bonds are issued to defray all or any part of those[such] costs, 4
[said ] revenue bonds shall be issued pursuant to [the terms of ] KRS 58.010 to 5
58.130[58.140]. 6
(3) The Department of Parks may unite into one (1) project for financing purposes all 7
or as many parks, and the improvements therein, or to be constructed, enlarged or 8
improved, as it deems practicable, so that the fees and charges and other r evenue or 9
receipts from every source whatsoever from the parks thus united shall be used for 10
the payment of the principal and interest of all bonds which may be issued. 11
The[Such] united receipts shall continue until all bonds issued have been paid in 12
full. The lien of the bonds for a[such] united project shall be a lien upon the gross 13
income and revenue of all parks thus united into a project. 14
(4) All parks in which improvements and facilities are constructed and equipped by the 15
issuance of revenue bonds shall be maintained and operated by the Department of 16
Parks until the bonds are paid, and the cost of operation and maintenance shall be 17
paid out of appropriations and receipts received by the Department of Parks. 18
Section 92. KRS 148.036 is amended to read as follows: 19
(1) The KORRRA shall: 20
(a) Supervise the design and construction of trail systems within the RA and 21
provide all management funct ions for the trails and for any other property 22
built, acquired, or leased pursuant to its powers under KRS 148.033 to 23
148.039; 24
(b) Construct, develop, manage, maintain, operate, improve, renovate, finance, or 25
otherwise provide for recreational and trail -related activities and facilities on 26
designated public lands and private lands of participating landowners who 27
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have voluntarily entered into use agreements with the board; 1
(c) Promote the growth and development of the trail system, tourism, and the 2
hotel, r estaurant, and entertainment industry within the RA and the 3
Commonwealth, through marketing RA to enhance local economic and 4
tourism development; 5
(d) Establish agreements with other persons, businesses, agencies, organizations, 6
or any other entity to levy a surcharge on tickets for events, activities, 7
festivals, or functions that are cosponsored with other entities and contribute 8
to the authority's operating revenue; and 9
(e) Procure insurance against any losses in connection with its property, licenses, 10
easements, or contracts, including hold -harmless agreements, operations, or 11
assets in such amounts and from such insurers as the board considers 12
desirable. 13
(2) The board's management program shall prioritize contractual arrangements with 14
private landowners t o use land for recreational purposes, which shall not diminish 15
the participating landowner's interest, control, or profitability of the land. If 16
necessary to implement a comprehensive trail system, the board may also contract 17
with public landowners through contractual agreements that recognize the primary 18
mission for which the public entity controls and manages the land. 19
(3) The board may carry out any of the following to accomplish the purposes of KRS 20
148.033 to 148.039: 21
(a) Acquire, own, and hold property , and all interests therein, by deed, purchase, 22
gift, devise, bequest, or lease, or by transfer from the State Property and 23
Buildings Commission [, except that the authority shall not acquire property 24
through the exercise of the power of eminent domain]; 25
(b) Dispose of any property acquired in any manner provided by law; 26
(c) Lease property, whether as lessee or lessor, and acquire or grant through 27
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easement, license, or other appropriate legal form, the right to develop and use 1
property and open it to the use of the public; 2
(d) Mortgage or otherwise grant security interests in its property; 3
(e) Maintain sinking funds and reserves as the board determines appropriate for 4
the purposes of meeting future monetary obligations and needs of the 5
authority; however, contributions to a sinking fund during a fiscal year shall 6
not exceed ten percent (10%) of the total fees collected during the prior year; 7
(f) Sue and be sued, plead and be impleaded, and complain and defend in any 8
court; 9
(g) Make contracts and execute ins truments necessary for carrying on its 10
business, including contracts with any Kentucky state agency, the federal 11
government, or any person, individual, partnership, or corporation to effect 12
any or all of the purposes of KRS 148.033 to 148.039 as follows: 13
1. Contracts shall go through a public bidding process; 14
2. Contracts for one thousand dollars ($1,000) or more shall be sent, with 15
at least three (3) bids from separate entities, to the Department for Local 16
Government for review and final approval; 17
3. Bids from entities with KORRRA participating counties are to be given 18
preference over competing bidders from outside of KORRRA 19
participating counties; and 20
4. If the Department for Local Government has not given a response in the 21
form of an approval or rejection after five (5) business days from the 22
date the department received the contract to be reviewed, it shall be 23
considered approved; 24
(h) Accept grants and loans from and enter into contracts and other transactions 25
with any federal agency, regional commission, or state agency for 26
accomplishing the purposes of KRS 148.033 to 148.039; 27
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(i) Borrow money and issue bonds, security interests, or notes; 1
(j) Provide for and secure the payment of the bonds, security interests, or notes; 2
(k) Provide for the rights of the holders of the bonds, security interests, or notes; 3
(l) Purchase, hold, and dispose of any of its bonds, security interests, or notes; 4
(m) Accept gifts or grants of property, security interests, money, labor, supplies, 5
or services from any governmental unit or from any person, firm, or 6
corporation; 7
(n) Establish a regional recreational trail system based upon contracts and 8
agreements with participating landowners. The board may enter into contracts 9
with landowners, and other persons holding an interest in the land being used 10
for its recreational facilities, to hold those landowners harmless with respect 11
to any claim in tort growing out of the use of the l and for public recreation or 12
growing out of the recreational activities operated or managed by the board 13
from any claim, except a claim for damages proximately caused by the willful 14
or malicious conduct of the landowner or any of his or her agents or 15
employees; 16
(o) 1. Establish a fee-based system of permits, user registrations, or other trail 17
or facility access mechanisms. 18
2. The fees may be imposed for access to and use of the trails, parking 19
facilities, visitor centers, or other trail -related recreational purpose 20
facilities or recreation activities that are part of the RA or as an 21
admission to an event. 22
3. The fees shall be decided by the board. 23
4. The KORRRA shall retain and use the revenue from fees for any 24
purposes consistent with KRS 148.033 to 148.039 and within the 25
guidelines in subsection (4) of this section; 26
(p) Promulgate administrative regulations in accordance with KRS Chapter 13A 27
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to govern use and maintenance of the RA and any other matters for effective 1
management of the RA; 2
(q) Cooperate and c ontract with the regional recreation authorities of Illinois, 3
Indiana, Ohio, West Virginia, and other contiguous states to connect the trails 4
in Kentucky with similar recreation facilities in those states; and 5
(r) Exercise all of the powers that a corporat ion may lawfully exercise under the 6
laws of the Commonwealth. 7
(4) The fees collected by the KORRRA are to be used within the following guidelines; 8
(a) To pay the salary of the executive director and all staff of the KORRRA; 9
(b) To reimburse travel expenses of board members including lodging, subject to 10
Finance and Administration Cabinet administrative regulations; 11
(c) To fund the construction, maintenance, and all necessary expenses of the 12
KORRRA trail system; 13
(d) To maintain a sinking fund with contributio ns to the fund during a fiscal year 14
not to exceed ten percent (10%) of the total fees collected during the prior 15
year and the total fund not to exceed a balance of one million dollars 16
($1,000,000) at the end of any fiscal year; and 17
(e) Any remaining moneys not already appropriated in accordance with KRS 18
148.033 to 148.039 at the end of the fiscal year are to be sent to the 19
Department for Local Government to be placed into an account to be used 20
exclusively for economic development grants in KORRRA participat ing 21
counties. These grants shall give preference to projects in economically 22
distressed counties, then to at -risk counties, then to transitional counties, as 23
defined by Kentucky Council of Area Development Districts. 24
(5) [Nothing in ]This section shall not be construed as a waiver of sovereign immunity. 25
Section 93. KRS 148.874 is amended to read as follows: 26
(1) There is hereby designated a linear state park, the boundaries of which shall be 27
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determined by the department in accordance with this section known as the Pine 1
Mountain State Scenic Trail, a trail of approximately one hundred twenty (120) 2
miles in length[,] located exclusively within the boundaries of Kentucky beginning 3
along the border of Kentucky and Virginia at o r near Breaks Interstate Park, and 4
extending generally south -southwest along the crest of Pine Mountain to the 5
vicinity of Pine Mountain State Resort Park and continuing south to the 6
Cumberland Gap National Park on the vicinity thereof. Insofar as practica ble, the 7
boundaries of the trail from the Breaks Interstate Park to Bad Branch State Nature 8
Preserve shall be a one thousand (1,000) foot corridor, the center of which shall be 9
the crest of Pine Mountain, to the extent that the corridor does not encroach u pon 10
the territory of the Commonwealth of Virginia. Insofar as practicable, the 11
boundaries of the trail from the Bad Branch State Nature Preserve to the Pine 12
Mountain State Resort Park shall be a corridor one hundred (100) to two hundred 13
fifty (250) feet al ong the level top of Pine Mountain. The route of the trail from 14
Pine Mountain State Resort Park to Cumberland Gap National Park shall be a 15
corridor no wider than two hundred fifty (250) feet to be determined by the 16
department. Notwithstanding these boundar y limitations, the department may 17
through negotiations with the land owner acquire additional land outside the 18
boundary limitations. The trail shall be depicted on the "Pine Mountain State Scenic 19
Trail Map," which shall be on file and available for public inspection in the office 20
of the commissioner of the department. The trail map shall delineate those portions 21
of the trail that are owned or leased by the Commonwealth or on which the 22
Commonwealth has obtained an easement and shall be updated periodically s olely 23
for the purpose of reflecting additions to those specific areas. 24
(2) The department may designate connecting or side paths which shall provide 25
additional points of public access to the trail or access to points of interest, and 26
which shall be of the same scenic nature as the trail [, except that connecting or side 27
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paths shall not be acquired through eminent domain]. 1
(3) Because of its extended length, the department may supplement the trail by support 2
facilities located on certain designated parts of t he trail or outside the trail. These 3
support facilities may include, as the department deems necessary and feasible, 4
primitive shelters, fireplaces, safe water supplies, and other related public -use 5
facilities that shall meet department standards. [No ]Open wood fires shall not be 6
permitted on the trail except in areas with support facilities specifically designated 7
for that purpose. 8
(4) The trail shall be a state scenic trail, so chosen because of its unique location. It 9
shall be limited to foot use and ot her nonmotorized uses as permitted on segments 10
where deemed appropriate by the department, and as set forth in KRS 148.878. 11
(5) The department shall, no later than June 30, 2003, determine the boundaries of the 12
trail. In determining the boundaries of the t rail, the department shall not encroach 13
upon any privately owned dwelling, or areas designated for residential structure s 14
and their surrounding properties, but shall route the trail around a privately owned 15
dwelling or areas designated for a residential structure.[ 16
(6) The department shall not acquire through eminent domain any cemetery or its 17
surrounding property which is designated as a cemetery or burial ground on July 15, 18
2002.] 19
Section 94. KRS 148.876 is amended to read as follows: 20
[(1) The power of eminent domain may only be exercised to acquire land in fee within 21
the boundaries of t he trail, except that the power of eminent domain shall not be 22
exercised to acquire any privately owned dwelling, areas designated for residential 23
structures and their surrounding properties, or property owned or leased, including 24
adjacent or contiguous tracts of land leased or owned or which may be acquired, for 25
the purposes of operating an oil or gas well, surface or underground coal mine 26
operation, or surface or underground mineral quarrying operation, if the person 27
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holds a state permit or license issued by the Energy and Environment Cabinet, 1
Division of Mine Permits or Division of Mine Safety. 2
(2) ]Within the boundaries of the trail, the department may acquire, on behalf of the 3
Commonwealth, fee title or lesser interests in land. Acquisition of land may be by gift, by 4
purchase with donated funds, by funds appropriated by the General Assembly, by the use 5
of proceeds from t he sale of bonds, by exchange, by assumption of property tax 6
payments, or by other authorized means. Notwithstanding [the provisions in ] KRS 7
350.085(3) and 353.610, in acquiring any interests the Commonwealth or its agencies 8
shall waive the three hundred ( 300) foot restriction [contained ]in KRS 350.085(3) and 9
boundary restrictions for a well [set forth ]in KRS 353.610. 10
Section 95. KRS 148.878 is amended to read as follows: 11
(1) Within the boundaries of the trail, as desig nated by the department and once 12
acquired: 13
(a) The natural vegetation shall be kept undisturbed except for any clearing 14
required for construction of the trail, occasional vistas, or trail -use facilities 15
described in KRS 148.870 to 148.892, except as provid ed under [paragraph 16
(c) of ] subsection (3) (c) of this section. Development and management of 17
each segment of the trail shall be designed to harmonize with and complement 18
any established multiple -use plans for that specific area in order to ensure 19
continual maximum benefits from the land; 20
(b) Hunting of wild game shall be permitted only on or along areas as identified 21
and permitted in administrative regulations as promulgated by the Department 22
of Fish and Wildlife Resources after consultation with the Depart ment of 23
Parks, and as permitted under [paragraph (c) of ] subsection (3) (c) of this 24
section; and 25
(c) The use of motorized vehicles by the general public within the boundaries of 26
the trail shall be limited, and [nothing in ] KRS 148.870 to 148.892 shall not 27
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be construed as authorizing the use of motorized vehicles in this area, except 1
upon existing or newly constructed public roadways within the boundaries of 2
the trail and as provided under [paragraph (c) of ] subsection (3) (c) of this 3
section. 4
(2) The departme nt may promulgate administrative regulations in accordance with 5
KRS Chapter 13A authorizing the use of motorized vehicles on areas other than 6
public roadways, when these vehicles are required to meet emergencies where life 7
or health is at risk, or to enabl e adjacent landowners to have access to their lands or 8
mineral rights, as provided under subsection[paragraphs (a) and (c) of subsection] 9
(3)(a) and (c) of this section. 10
(3) (a) Except as expressly authorized in KRS 148.870 to 148.892 or in the 11
administrative regulations promulgated by the department, or as may be 12
allowed under a change of use permit issued by the department, permissible 13
land uses within the boundaries of the trail as designated by the department 14
shall be as set forth in this section. Uses that lawfully existed on July 15, 15
2002, may continue. After the trail boundaries are designated, new or 16
additional uses shall be in compliance with the policy and purposes of KRS 17
148.870 to 148.892 and shall minimize disturbance to the trail. Above -ground 18
blasting operations authorized under [the provisions of ] KRS 351.315 to 19
351.375, except those operations conducted on sites utilizing no more than a 20
total of ten thousand (10,000) pounds of explosives or the equivalent on the 21
site, shall be prohibited for new or additional uses within an area of one 22
thousand two hundred fifty (1,250) feet outward from the crest of Pine 23
Mountain on the portion of the trail from Breaks Interstate Park to Bad 24
Branch State Nature Preserve and within an area of five hundred (500 ) feet 25
outward from the boundary of the trail on the portion of the trail from Bad 26
Branch State Nature Preserve to Pine Mountain State Resort Park. Select 27
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cutting of timber or other resources removal may be allowed pursuant to KRS 1
148.870 to 148.892 and ad ministrative regulations promulgated by the 2
department in accordance with KRS Chapter 13A upon the issuance of a 3
change of use permit. Unless the property is purchased by the department, any 4
net revenue from the cutting of timber or other resources removal shall inure 5
to the benefit of the owner of the property or property rights from which the 6
Commonwealth acquired the property. In promulgating administrative 7
regulations related to KRS 148.870 to 148.892 and in developing the 8
management plan as set forth i n KRS 148.882, the department shall schedule 9
public hearings in the county in which the trail lies that is affected by the 10
administrative regulations and management plan. 11
(b) In the development of management plans as set forth in KRS 148.882, the 12
department shall include provisions to allow for means of ingress and egress 13
as provided in paragraph (c) of this subsection by owners of property rights 14
affected by the creation of the trail, and for the construction of new roads, 15
utility facilities, and pipelines that would encroach upon the trail. The 16
department shall promulgate administrative regulations in accordance with 17
KRS Chapter 13A setting forth the procedures required to establish means of 18
ingress and egress relating to obtaining rights -of-way, easements, and permits 19
necessary for the construction of new roads, utility facilities, and pipelines 20
that encroach upon the trail. 21
(c) When the Commonwealth acquires land for the trail authorized by KRS 22
148.870, regardless of whether the trail property is acquired by purchase, 23
[eminent domain, ] donation, or otherwise restricted, the person from whom 24
the property is acquired or restricted or their successor in title shall have the 25
following rights with regard to the property which has been acquired or 26
restricted by the Commonwealth: 27
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1. Ingress, egress, and access to trail property for purposes specified in this 1
section or any other provision of law; 2
2. An easement to use trail property for the purpose of access to adjacent 3
land of the same property owner or their suc cessor, including but not 4
limited to motorized travel; 5
3. To hunt, fish, or trap on that portion of trail property formerly owned, in 6
accordance with applicable law and administrative regulations; 7
4. To gather and remove edible, medicinal, or ornamental pl ants and herbs 8
from that portion of the trail property formerly owned, in accordance 9
with applicable law and administrative regulations; and 10
5. To access and maintain a cemetery and burial grounds on that portion of 11
trail property formerly owned. 12
(d) The rights specified in this section or other provisions of law or administrative 13
regulation shall be included in [any judgment when property or an interest 14
therein is taken or restricted by eminent domain and shall be included in ] any 15
contract for purchase, do nation, or other acquisition of the property or an 16
interest in the property[therein] unless voluntarily waived in that document. 17
(4) Any person owning property or property rights within the boundaries of the trail 18
may apply to the department for a change o f use permit. The secretary or the 19
secretary's designee shall hold a public hearing after public notice on the 20
application within sixty (60) days. Any person shall be allowed to present evidence 21
as to whether the use proposed by the applicant is in accorda nce with the 22
management plan developed pursuant to [the provisions of ] KRS 148.870 to 23
148.892, the administrative regulations promulgated pursuant to KRS 148.870 to 24
148.892, and other applicable law. 25
(5) The secretary shall, within sixty (60) days after a hearing, issue an order and 26
accompanying opinion granting the permit, denying the permit, or recommending 27
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an alternative use to which the land may be put that is more consistent with [the 1
provisions of ]KRS 148.870 to 148.892 than the use for which the app lication was 2
made. Any aggrieved party to the hearing shall have the right to petition the local 3
Circuit Court in which the property lies within thirty (30) days after issuance of the 4
secretary's order. 5
Section 96. KRS 150.024 is amended to read as follows: 6
The department shall have the right to acquire [such ]property [as may be ] necessary to 7
carry out the purpose of this chapter [, and it shall have the right of eminent domain as 8
provided in the Eminent Domain Act of Kentucky]. 9
Section 97. KRS 150.610 is amended to read as follows: 10
The commissioner of the Department of Fish and Wildlife Resources, with approval of 11
the commission, may call for the issuance of revenue bonds pursu ant to the entire terms 12
of KRS 58.010 to 58.130[through 58.140] for the purpose of establishing public shooting 13
areas, waterfowl or other wildlife refuges, public fishing lakes or the establishment of 14
other projects of public benefit in the interest of fish and game and may unite into one (1) 15
project for financing purposes all revenue as may be pledged by the commissioner. From 16
every source whatsoever these revenues thus united shall be used for the payment of the 17
principal and interest of all bonds which m ay be issued. These[Such] united receipts, 18
unless otherwise agreed upon by the commissioner and bonding company, shall continue 19
until all bonds issued have been paid in full. The lien of the bonds from a[such] limited 20
project shall be a lien upon the unite d gross income and revenue as specified in the 21
original terms ascribed to by the commissioner with the concurrence of the commission. 22
Section 98. KRS 151.611 is amended to read as follows: 23
(1) A Stream Restoration and Mitigation Authority may be established for any HUC 10 24
watershed in the Commonwealth. Each authority formed under this section shall be 25
a public body corporate and politic with the authority to: 26
(a) Sue and be sued; 27
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(b) Enter into contracts with public and private individuals and corporations and 1
engage in cooperative agreements with federal, state, and local governments 2
or agencies, utilities, special districts, and nonprofit organizations for the 3
performance of its duties and functions under KRS 151.610 to 151.615; 4
(c) Employ personnel as needed, as its fiscal resources may allow, and use the 5
services of volunteers individually or through agreement with governmental 6
agencies, nonprofit organizations, or foundations; 7
(d) Receive and expend funds from any source, including but not limited to 8
private donations, charitable contributions, public grants, 404 In -lieu Fee 9
Program, and appropriations from the General Assembly; and 10
(e) Acquire, sell, and hold real interests in property. 11
(2) [Nothing in ] KRS 151.610 to 151.615 shall not be construed to empower or 12
authorize an authority established under KRS 151.610 to 151.615 to exercise 13
regulatory powers with respect to water resources or water quality. [ An authority 14
established under KRS 151.610 to 151.615 shall not be vested with the power of 15
eminent domain.] 16
(3) It is the preference of the General Assembly that funds contributed by a permittee 17
under a Section 404 Permit into an in -lieu fund for a project designed for stream 18
restoration and mitigation be utilized within the watershed where the adverse 19
effects occur. The General Assembly recognizes that conservation and protection of 20
the water resources of the Commonwealth, including streams, rivers, wetlands, and 21
riparian habitats, may involve, in addition to restoration and enhancement of 22
aquatic and riparian habitat, proper management of wastewater and stormwater, and 23
abatement of pre -existing sources of pollution. Where an authority has been 24
qualified by the USACE to manage an in -lieu fee or other compensatory mitigation 25
arrangement that is approved after July 15, 2008, under Section 404, and to the 26
extent that the USACE and the Mitigation Review Team has approved the use of 27
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[such ]funds for elimination of pre -existing sources of p ollution, the authority may 1
expend a portion of the funds for those purposes, provided that the: 2
(a) Funds spent on water quality improvements are a component of a stream or 3
wetland restoration plan for replacement of aquatic resource functions and 4
values; 5
(b) Project has been reviewed and approved by the USACE and the Division of 6
Water as being consistent with Sections 404 and 401 of the Clean Water Act; 7
and 8
(c) In-lieu fees shall be available statewide, to all one hundred twenty (120) 9
counties, subject to federal and state regulatory requirements. 10
(4) [Nothing in ]KRS 151.610 to 151.615 shall not preclude the authority, when acting 11
as an approved qualified organization managing an in -lieu fee arrangement 12
approved after July 15, 2008, from combining funding from other sources with in -13
lieu fees in order to achieve efficiencies in stream restoration or mitigation. 14
Section 99. KRS 151.720 is amended to read as follows: 15
The Kentucky River Authority is authorized and empowered to: 16
(1) Construct, reconstruct, provide for the major maintenance, or repair the locks and 17
dams on the Kentucky River and all real and personal property pertaining to the 18
locks and dams[thereto], as well as maintain the channel; 19
(2) Acquire by purchase,[ exercise of the rights of eminent domain,] grant, gift, devise, 20
or otherwise[,] the fee simple title to or any acceptable lesser interest in any real or 21
personal property and by lease or other conveyance, contract for the right to use and 22
occupy any real or personal property selected in the discretion of the authority as 23
constituting necessary, desirable, or acceptable sites to fulfill its statutory authority 24
and power; 25
(3) Lease its real or personal property to other state agencies, political subdivisions o f 26
the Commonwealth, corporations, partnerships, associations, foundations, or 27
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persons as the authority deems necessary to carry out the purposes of this section; 1
(4) Sell or otherwise dispose of its real or personal property in accordance with KRS 2
56.463 and 45A.045; 3
(5) Collect water use fees from all facilities using water from the Kentucky River basin, 4
except those facilities using water primarily for agricultural purposes. Facilities 5
charged with the[such a] fee may pass on all or any part of the fee; 6
(6) Issue revenue bonds in accordance with KRS 151.730; 7
(7) Employ persons to carry out the authority's responsibilities with revenue from the 8
water use fees, including an executive director who shall serve at the pleasure of the 9
authority; 10
(8) Contract for services with other state agencies, political subdivisions of the 11
Commonwealth, corporations, partnerships, associations, foundations, or persons to 12
perform its duties; 13
(9) Promulgate administrative regulations in accordance with KRS Chapter 13A 14
providing for clean water, which shall not be less stringent than the state and federal 15
regulations for clean water; 16
(10) Exercise all other powers necessary to perform its public purpose to implement and 17
enforce the plans developed by the authority pursuant to thi s section and KRS 18
151.727 and 151.728, and to enforce administrative regulations promulgated by the 19
authority. The long -range water resource plan and drought response plan shall be 20
implemented for the basin upon the direction of the authority; 21
(11) Develop comprehensive plans for the management of the Kentucky River within 22
the basin, including a long -range water resource plan and a drought response plan. 23
Each county within the basin shall develop a long -range water resource plan and 24
submit it to the authori ty. The authority, after consultation with the Energy and 25
Environment Cabinet, shall develop a unified long-range water resource plan for the 26
basin. The unified long-range water resource plan shall be implemented over short -27
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range and long-range time periods. The short-range plan shall be for a period of six 1
(6) years and the long -range plan shall be for a period of twenty (20) years. The 2
authority shall conduct a public hearing on the plan prior to its adoption and amend 3
the plan as appropriate based on the comments received. The Energy and 4
Environment Cabinet shall review the draft unified plan and provide comment 5
during the public comment period concerning the consistency of the plan with the 6
state requirements under KRS Chapters 224 and 151. A drought res ponse plan for 7
the basin shall be developed by the authority and shall be coordinated with the 8
Energy and Environment Cabinet to assure consistency with KRS Chapters 224 and 9
151, and this plan shall be implemented for the basin upon the direction of the 10
authority; 11
(12) Develop and promote a plan for the protection and use of groundwater within the 12
basin. Administrative regulations may be promulgated implementing the plan, and 13
these regulations shall not be less stringent than state and federal regulations 14
protecting groundwater; 15
(13) Promote private investment in the installation of hydroelectric generating units on 16
all existing constructed and reconstructed Kentucky River dams under the 17
jurisdiction of the authority, by developing a standard lease, establis hing reasonable 18
financial responsibility requirements, verifying that the proposed installation of the 19
hydroelectric unit will not adversely affect the structural integrity of the dam, and 20
adopting a schedule of reasonable fees for water used in the genera tion of 21
hydroelectric power; 22
(14) Develop recreational areas within the basin. These recreational areas may be 23
operated and funded by the state Department of Parks, Office of Kentucky Nature 24
Preserves, or other governmental entity as specifically authorize d or permitted 25
within the biennial executive budget. There is hereby created the Kentucky River 26
Park to be located as determined by the authority; 27
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(15) Utilize funds provided for recreational purposes within the biennial executive 1
budget for major or minor maintenance if the authority certifies to the secretary of 2
the Finance and Administration Cabinet that a significant need exists for the repairs 3
and no other funds are available for the maintenance; 4
(16) Coordinate the Kentucky River basin water resources activities among state 5
agencies; 6
(17) Report quarterly on all of its activities to the legislative Committee on 7
Appropriations and Revenue; 8
(18) Receive reports from state agencies on litigation concernin g the Kentucky River, 9
which agencies are hereby directed to report to the authority; 10
(19) Credit to the authority any income derived from the interest earned on the 11
investment of the water use fees collected, which shall be available for the 12
authority's expenditure; and 13
(20) Accomplish the watershed management mission of the authority, which is to fulfill 14
the provisions of this section for the Kentucky River basin, the boundary of which 15
shall be defined by a hydrologic map promulgated in an administrative regulation. 16
Section 100. KRS 152.590 is amended to read as follows: 17
The Energy and Environment Cabinet shall have the following general powers: 18
(1) To acquire by purchase, [ exercise of the right of eminent domain,] grant, gift, 19
devise, or otherwise[,] the fee simple title to or any acceptable lesser interest in any 20
lands, and by lease or other contract the right to use and occupy any lands, selected 21
in the discretion of the secretary of the Energy and Environment Cabinet as 22
constituting necessary, desirable, or acceptable sites for projects of the cabinet, 23
including any and all lands adjacent to a project site as in the discretion of the 24
secretary may be necessary or suitabl e for satellite projects or restricted areas; but 25
in all instances lands which are to be designated as radioactive waste material sites 26
shall be acquired in fee simple absolute and dedicated in perpetuity to that[such] 27
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purpose; 1
(2) To convey to private enterprise, or to lease to private enterprise for a[such] term[ as 2
in the discretion of] the secretary of the Finance and Administration Cabinet deems 3
to[may] be in the public interest, any lands so acquired, either for a fair and 4
reasonable consideration or solely or partly as an inducement to the establishment 5
or location in the Commonwealth of any scientific or technological facility, project, 6
satellite project, or nuclear storage area; but subject to [such ]restraints [as may be 7
]deemed proper to bring abo ut a reversion of title or termination of any lease in the 8
event the grantee or lessee, as the case may be, ceases[shall cease] to use the 9
premises or facilities in the conduct of business or activities consistent with laws 10
and regulations of the Commonwea lth; provided, however, radioactive waste 11
material sites may be leased but may not otherwise be disposed of except to the 12
Commonwealth, or to the United States; 13
(3) To construct, reconstruct, maintain, repair, operate, and regulate projects at [such 14
]locations within the Commonwealth as [may be ]determined by the secretary; 15
(4) To fix by contract, or to establish , [and ]revise, [from time to time and ] charge, and 16
collect revenues, rentals, rates, and charges for use of the services and facilities of 17
projects; 18
(5) To combine for financing purposes any two (2) or more projects; 19
(6) To establish and enforce rules and regulations for the use of any project; 20
(7) Without reference to KRS Chapter 56, to acquire and hold real and personal 21
property in the exercise of its powers and the performance of its functions and 22
duties under this section, and to dispose of property[the same] with due regard for 23
public health and safety, except in the case of radioactive waste material sites, 24
which may be disposed of only to the Commonwealth itself, or to the United States, 25
except as provided in subsection (2) of this section; 26
(8) To designate the locations and establish, limit, and control [such ]points of ingress 27
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to and egress from each project as the secretary determines[may determine] to be 1
necessary or desirable to ensure the proper operation and maintenance of the[such] 2
project, and to prohibit entrance to the[such] project from any point or points not so 3
designated; 4
(9) To make and enter into [such ] contracts and agreements with governmental 5
agencies and private enterprise [as may be ] necessary or incidental to the 6
performance of its duties and the execution of its powers under this section; 7
(10) To employ scientists, consulting engineers, health officers, attorneys, accounta nts, 8
construction and financial experts, superintendents, managers, and [such ] other 9
employees and agents [as may be ]necessary in the judgment of the secretary and to 10
fix their compensation; 11
(11) To receive and accept from any governmental agency, or from private enterprise, 12
appropriations, grants, or contributions in money, property, labor, or other things of 13
value, to be held, used and applied for or in aid of any project; and 14
(12) To do all acts and things necessary or convenient to carry out the powers expressly 15
granted in this section. 16
Section 101. KRS 153.420 is amended to read as follows: 17
The Kentucky Center for the Arts Corporation: 18
(1) Shall supervise construction of the Kentucky Center for the Arts in conjunction 19
with the Finance and Administration Cabinet, and shall provide all management 20
functions for the facility and for any other property acquired or leased pursuant to 21
its powers under this section; 22
(2) May [take, ] acquire and hold property, and all interests in property [therein], by 23
deed, purchase, gift, devise, bequest, or lease[ or eminent domain] , or by transfer 24
from the State Property and Buildings Commission, and may dispose of any 25
property so acquired in any manner provided by law[. In the exercise of its power of 26
eminent domain, it shall proceed in the manner provided in the Eminent Domain 27
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Act of Kentucky, KRS 416.540 to 416.680]; 1
(3) May consult or enter into agreements with other segments of the arts and 2
entertainment industry to provide technical, professional, or management support or 3
assistance, consistent with its purpose and mission; 4
(4) May issue revenue bonds, subject to procedures which shall be established by the 5
Finance and Administration Cabinet, solely payable from the charges, revenues, 6
rentals, and other funds pledged for their payment for the purpose of paying all or 7
any part of the cost of any project or for the acquisition of property; 8
(5) Shall promote the gr owth and development of the arts, convention trade, tourism 9
and the hotel industry within Jefferson County and the Commonwealth, through 10
utilization of the Kentucky center and activities authorized in this section to 11
enhance these and the public interest; 12
(6) May adopt administrative regulations, as provided in KRS Chapter 13A, governing 13
the operation, maintenance or use of property under its custody and control; 14
(7) May levy a surcharge on tickets for all functions held within the center to contribute 15
to operating revenue; 16
(8) May receive tax revenu es from any governmental unit, and financial contributions 17
of local governments, private persons and foundations; 18
(9) Shall have exclusive control of all exhibitions, performances , and concessions in 19
the Center for the Arts. The corporation shall have a pr ior lien upon the property of 20
any private exhibitor, concessionaire, or other person holding an exhibition or 21
performance or operating a concession in the center, and may sell the[such] 22
property upon ten (10) days' notice to satisfy any indebtedness; 23
(10) Shall develop in conjunction with local hotels, and the arts and entertainment 24
industry, tourist packages including performance and group plans, and shall 25
participate with local hotels and convention bureaus in attracting non -arts related 26
conferences and conventions; 27
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(11) May establish an executive committee from among its membership with full 1
authority to act between its meetings to the extent delegated by the corporation; 2
(12) May sue and be sued and maintain and defend legal actions in its corporate name; 3
(13) May, if the corporation elects, be exempt from [the provisions of ] KRS 56.065 to 4
56.180, and, with the approval of the secretary of the Finance and Administration 5
Cabinet and the Department of Insurance, purchase from the funds allotted to the 6
corporation property insurance for buildings and contents from responsible 7
insurance companies doing business in this state; and 8
(14) May purchase liability insurance for the protection of the corporation and its 9
employees from liability arising in the operation of the center. 10
Section 102. KRS 154.20-228 is amended to read as follows: 11
(1) The authority shall not approve a proposed data center project that otherwise meets 12
the requirements of KRS 154.20 -220 to 154.20 -229 if the proposed data center 13
project will result in the replacement of facilities existing in the state, except as 14
provided in this section. 15
(2) The authority may approve a proposed data center project that: 16
(a) Rehabilitates an existing data center used for activ ities of an eligible 17
company, if: 18
1. The data center to be rehabilitated has not been in operation for a period 19
of ninety (90) or more consecutive days; 20
2. a. The current occupant of the data center to be rehabilitated has 21
advertised a notice of closure; and 22
b. The eligible company proposing the data center project is not an 23
affiliate of the current occupant of the data center to be 24
rehabilitated; or 25
3. a. The data center to be rehabilitated is sold or transferred pursuant to 26
a foreclosure ordered by a cour t of competent jurisdiction or an 27
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order of a bankruptcy court of competent jurisdiction; and 1
b. The title to the data center to be rehabilitated prior to the sale is 2
not vested in the eligible company; 3
(b) Replaces an existing data center of an eligible company if: 4
1. a. Title to the data center to be replaced: 5
i. Is held by exercise of the power of eminent domain; or 6
ii. May be taken pursuant to a nonappealable judgment granting 7
authority to exercise the power of eminent domain; 8
b. The title or judgment u nder subdivision a. of this subparagraph 9
was obtained prior to the effective date of this Act; and 10
c.[b.] Normal operations at the data center to be replaced cannot be 11
resumed within twelve (12) months; or 12
2. The data center to be replaced has been damaged or destroyed by fire or 13
other casualty to the extent that normal operations cannot be resumed at 14
the facility within twelve (12) months; or 15
(c) Replaces an existing data center located in the same county if the existing data 16
center cannot be expanded due to the unavailability of real estate at or 17
adjacent to the data center to be replaced. Any qualifying data center project 18
satisfying the requirements of this paragraph shall be eligible for incentives 19
under this subchapter only to the extent of the expansi on. [No ] Incentives 20
shall not be available for the equivalent of the facility to be replaced or 21
rehabilitated. 22
(3) The authority shall not approve a proposed data center project under this section 23
which results in a lease abandonment or lease termination by the eligible company 24
without the consent of the lessor. 25
Section 103. KRS 154.22-040 is amended to read as follows: 26
(1) Each year, the authority shall, under its Rural Economic Development Assistance 27
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Program, on the basis of the final unemployment figures calculated by the 1
Department of Workforce Development in the Education and Labor Cabinet, 2
determine which counties have had a countywide rate of unemployment exceeding 3
the statewide unemployment rate of the Commonwealth in the most recent five (5) 4
consecutive calendar years, or which have had an average countywide rate of 5
unemployment exceeding the statewide unemployment rate of the Commonwealth 6
by two hundred percent (200%) in the most recent calendar year, and shall certify 7
those counties as qualified counties. A county not certified on the basis of final 8
unemployment figures may also be certified as a qualified county if the au thority 9
determines the county is one (1) of the sixty (60) most distressed counties in the 10
Commonwealth based on the following criteria with equal weight given to each 11
criterion: 12
(a) The average countywide rate of unemployment in the most recent three (3) 13
consecutive calendar years, on the basis of final unemployment figures 14
calculated by the Department of Workforce Development in the Education 15
and Labor Cabinet; 16
(b) In each county the percentage of adults twenty -five (25) years of age and 17
older who have at tained at least a high school education or equivalent, on the 18
basis of the most recent data available from the United States Department of 19
Commerce, Bureau of the Census; and 20
(c) Road quality, as quantified by the access within a county to roads ranked in 21
descending order from best quality to worst quality as follows: two (2) or 22
more interstate highways, one (1) interstate highway, a state four (4) lane 23
parkway, four (4) lane principal arterial access to an interstate highway, state 24
two (2) lane parkway and none of the preceding road types, as certified by the 25
Kentucky Transportation Cabinet to the authority. 26
If the authority determines that a county which has previously been certified as a 27
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qualified county no longer meets the criteria of this subsection, t he authority shall 1
decertify that county. The authority shall not provide inducements for any facilities 2
in that county and an approved company shall not be eligible for the inducements 3
offered by KRS 154.22 -010 to 154.22 -070 unless the tax incentive agree ments 4
required herein are entered into by all parties prior to July 1 of the year following 5
the calendar year in which the authority decertified that county. In addition, the 6
authority shall certify coal -producing counties, not otherwise certified as quali fied 7
counties in this subsection, for economic development projects involving the new 8
construction of electric generation facilities. A coal -producing county shall mean a 9
county in the Commonwealth of Kentucky that has produced coal upon which the 10
tax imposed under KRS 143.020 was paid at any time. For economic development 11
projects undertaken in a regional industrial park, as defined in KRS 42.4588, or in 12
an industrial park created pursuant to an interlocal agreement in which revenues are 13
shared as provided in KRS 65.210 to 65.300, where the physical boundaries of the 14
industrial park lie within two (2) or more counties of which at least one (1) of the 15
counties is a qualified county under this section, an eligible company undertaking 16
an economic development p roject within the physical boundaries of the industrial 17
park may be approved for the inducements under KRS 154.22-010 to 154.22-080. 18
(2) The authority shall establish the procedures and standards for the determination and 19
approval of eligible companies and their economic development projects by the 20
promulgation of administrative regulations in accordance with KRS Chapter 13A. 21
The criteria for approval of eligible companies and economic development projects 22
shall include but not be limited to the creditworth iness of eligible companies; the 23
number of new jobs to be provided by an economic development project to 24
residents of the Commonwealth; and the likelihood of the economic success of the 25
economic development project. 26
(3) The economic development project sha ll involve a minimum investment of one 27
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hundred thousand dollars ($100,000) by the eligible company and shall result in the 1
creation by the eligible company, within two (2) years from the date of the final 2
approval authorizing the economic development proje ct, of a minimum of fifteen 3
(15) new full -time jobs at the site of the economic development project for 4
Kentucky residents to be employed by the eligible company and to be held by 5
persons subject to the personal income tax of the Commonwealth. The authorit y 6
may extend this two (2) year period upon the written application of an eligible 7
company requesting an extension. 8
(4) (a) Within six (6) months after the activation date, the approved company shall 9
compensate a minimum of ninety percent (90%) of its full -time employees 10
whose jobs were created with base hourly wages equal to either: 11
1. Seventy-five percent (75%) of the average hourly wage for the 12
Commonwealth; or 13
2. Seventy-five percent (75%) of the average hourly wage for the county in 14
which the project is to be undertaken. 15
(b) If the base hourly wage calculated in paragraph (a)1. or 2. of this subsection is 16
less than one hundred fifty percent (150%) of the federal minimum wage, then 17
the base hourly wage shall be one hundred fifty percent (150%) of the fede ral 18
minimum wage. However, for projects receiving preliminary approval of the 19
authority prior to July 1, 2008, the base hourly wage shall be one hundred 20
fifty percent (150%) of the federal minimum wage existing on January 1, 21
2007. In addition to the applic able base hourly wage calculated above, the 22
eligible company shall provide employee benefits equal to at least fifteen 23
percent (15%) of the applicable base hourly wage; however, if the eligible 24
company does not provide employee benefits equal to at least f ifteen percent 25
(15%) of the applicable base hourly wage, the eligible company may qualify 26
under this section if it provides the employees hired by the eligible company 27
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as a result of the economic development project total hourly compensation 1
equal to or gr eater than one hundred fifteen percent (115%) of the applicable 2
base hourly wage through increased hourly wages combined with employee 3
benefits. 4
(c) The requirements of this subsection shall not apply to eligible companies 5
which are nonprofit corporations established under KRS 273.163 to 273.387 6
and whose employees are handicapped and sheltered workshop workers 7
employed at less than the established minimum wage as authorized by KRS 8
337.295. 9
For an eligible company, within a regional industrial park which l ies within two (2) 10
or more counties, the calculation of the wage and benefit requirement shall be 11
determined by averaging the average county hourly wage for all counties within the 12
regional industrial park. 13
(5) An[No] economic development project which wil l result in the replacement of 14
agribusiness, manufacturing, or electric generation facilities existing in the state 15
shall not be approved by the authority; however, the authority may approve an 16
economic development project that: 17
(a) Rehabilitates an agribusiness, manufacturing, or electric generation facility: 18
1. Which has not been in operation for a period of ninety (90) or more 19
consecutive days; 20
2. For which the current occupant of the facility has published a notice of 21
closure so long as the eligible com pany intending to acquire the facility 22
is not an affiliate of the current occupant; or 23
3. The title to which is vested in other than the eligible company or an 24
affiliate of the eligible company and that is sold or transferred pursuant 25
to a foreclosure ordered by a court of competent jurisdiction or an order 26
of a bankruptcy court of competent jurisdiction; 27
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(b) Replaces an agribusiness, manufacturing, or electric generation facility 1
existing in the Commonwealth that[: 2
1. The title to which shall have been tak en under the exercise of the power 3
of eminent domain, or the title to which shall be the subject of a 4
nonappealable judgment granting the authority to exercise the power of 5
eminent domain, if the title or judgment was obtained prior to the 6
effective date o f this Act, and in either event to the extent that normal 7
operations cannot be resumed at the facility within twelve (12) months; 8
or 9
2. Which has been damaged or destroyed by fire or other casualty to the 10
extent that normal operations cannot be resumed at the facility within 11
twelve (12) months; or 12
(c) Replaces an existing agribusiness, manufacturing, or electric generation 13
facility located in the same qualified county, and the existing agribusiness, 14
manufacturing, or electric generation facility to be repla ced cannot be 15
expanded due to the unavailability of real estate at or adjacent to the 16
agribusiness, manufacturing, or electric generation facility to be replaced. Any 17
economic development project satisfying the requirements of this subsection 18
shall only be eligible for inducements to the extent of the expansion, and [no 19
]inducements shall not be available for the equivalent of the agribusiness, 20
manufacturing, or electric generation facility to be replaced. An[No] 21
economic development project otherwise satis fying the requirements of this 22
subsection shall not be approved by the authority if the project would 23
result[which results] in a lease abandonment or lease termination by the 24
approved company without the consent of the lessor. 25
(6) With respect to each eligible company making an application to the authority for 26
inducements, and with respect to the economic development project d escribed in 27
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the application, the authority shall request materials and make inquiries of the 1
applicant as necessary or appropriate. Upon review of the application and 2
completion of initial inquiries, the authority may, by resolution, give its preliminary 3
approval by designating an eligible company as a preliminarily approved company 4
and authorizing the undertaking of the economic development project. After 5
preliminary approval, the authority may by final approval designate an eligible 6
company to be an approved company. 7
Section 104. KRS 154.27-095 is amended to read as follows: 8
An[No] application for incentives found in KRS 154.27 -010 to 154.27-095[154.27-100] 9
shall not be accepted by the authority for alternative fuel facilities, gasification facility, 10
energy-efficient facility, renewable energy facility, or a carbon dioxide transmission 11
pipeline after August 1, 2018. All outstanding projects with preliminary or final a pproval 12
shall continue to be governed by [the provisions of ]this subchapter. 13
Section 105. KRS 154.28-080 is amended to read as follows: 14
(1) The authority shall promulgate standards for the determination and approval of 15
eligible companies and their economic development projects in accordance with 16
KRS Chapter 13A. 17
(2) The standards for approval of eligible companies and economic development 18
projects shall include but not be limited to: 19
(a) The creditworthiness of eligible companies; 20
(b) The number of new jobs to be provided by an economic development project 21
to the residents of the Commonwealth; and 22
(c) The likelihood of the economic success of the economic development project. 23
(3) The economic development project shall involve a minimum investment of one 24
hundred thousand dollars ($100,000) by the eligible company and shall result in the 25
creation by the eligible company, within two (2) years from the date of the final 26
resolution authorizing the economic development projec t, of a minimum of fifteen 27
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(15) new full -time jobs at the site of the economic development projects for 1
Kentucky residents to be employed by the eligible company and to be held by 2
persons subject to the personal income tax of the Commonwealth. The authorit y 3
may extend this two (2) year period upon the written application of an eligible 4
company requesting an extension. 5
(4) (a) Within six (6) months after the activation date, the approved company shall 6
compensate a minimum of ninety percent (90%) of its full -time employees 7
whose jobs were created with base hourly wages equal to either: 8
1. Seventy-five percent (75%) of the average hourly wage for the 9
Commonwealth; or 10
2. Seventy-five percent (75%) of the average hourly wage for the county in 11
which the project is to be undertaken. 12
(b) If the base hourly wage calculated in paragraph (a)1. or 2. of this subsection is 13
less than one hundred fifty percent (150%) of the federal minimum wage, then 14
the base hourly wage shall be one hundred fifty percent (150%) of the fede ral 15
minimum wage. However, for projects receiving preliminary approval of the 16
authority prior to July 1, 2008, the base hourly wage shall be one hundred 17
fifty percent (150%) of the federal minimum wage existing on January 1, 18
2007. In addition to the applic able base hourly wage calculated above, the 19
eligible company shall provide employee benefits equal to at least fifteen 20
percent (15%) of the applicable base hourly wage; however, if the eligible 21
company does not provide employee benefits equal to at least f ifteen percent 22
(15%) of the applicable base hourly wage, the eligible company may qualify 23
under this section if it provides the employees hired by the eligible company 24
as a result of the economic development project total hourly compensation 25
equal to or gr eater than one hundred fifteen percent (115%) of the applicable 26
base hourly wage through increased hourly wages combined with employee 27
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benefits. 1
(5) An[No] economic development project which will result in the replacement of a 2
manufacturing or agribusiness facility existing within the Commonwealth shall not 3
be approved by the authority; however, the authority may approve an economic 4
development project that: 5
(a) Rehabilitates a manufacturing or agribusiness facility: 6
1. Which has not been in operation for a period of ninety (90) or more 7
consecutive days; 8
2. For which the current occupant of the facility has published a notice of 9
closure so long as the eligible company intending to acquire the facility 10
is not an affiliate of the current occupant; or 11
3. To whi ch the title is vested in other than the eligible company or an 12
affiliate of the eligible company and that is sold or transferred pursuant 13
to a foreclosure ordered by a court of competent jurisdiction or an order 14
of a bankruptcy court of competent jurisdiction; 15
(b) Replaces a manufacturing or agribusiness facility existing in the 16
Commonwealth: 17
1. To which the title shall have been taken under the exercise of the power 18
of eminent domain, or to which the title shall be the subject of a 19
nonappealable judgment granting the authority to exercise the power of 20
eminent domain, provided that the title or judgment was obtained prior 21
to the effective date of this Act, and in either event to the extent that 22
normal operations cannot be resumed at the facility within twel ve (12) 23
months; or 24
2. Which has been damaged or destroyed by fire or other casualty to the 25
extent that normal operations cannot be resumed at the facility within 26
twelve (12) months; or 27
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(c) Replaces an existing manufacturing or agribusiness facility located in the 1
same county that cannot be expanded due to the unavailability of real estate at 2
or adjacent to the manufacturing or agribusiness facility to be replaced. Any 3
economic development project satisfying the requirements of this subsection 4
shall be eligible only for inducements to the extent of the expansion, and [no 5
]inducements shall not be available for the equivalent of the manufacturing or 6
agribusiness facility to be replaced. An[No] economic development project 7
otherwise satisfying the requirements of this subsection shall not be approved 8
by the authority if the project would result [that results] in a lease 9
abandonment or lease termination by the eligible company without the 10
consent of the lessor. 11
(6) With respect to each eligible company making an a pplication to the authority for 12
inducements, and with respect to these economic development projects described in 13
the application which do not involve an expansion, the authority shall make 14
inquiries and request materials of the applicant, including but no t limited to written 15
evidence that except for the receipt of inducements authorized by KRS 154.28 -015 16
to 154.28-090 and KRS 141.400, the eligible company will not locate its economic 17
development project within the Commonwealth. Upon the review of the appli cation 18
and completion of initial inquiries, the authority may, by resolution, give its 19
preliminary approval by designating an eligible company as a preliminarily 20
approved company and authorizing the undertaking of the economic development 21
project. 22
(7) After a diligent review of the relevant materials and completion of its inquiries, the 23
authority, by resolution of its board of directors, may designate an eligible company 24
to be an approved company. 25
(8) All meetings of the board of directors of the authority shall be held in accordance 26
with KRS 61.805 to 61.850. The board of directors of the authority may, pursuant 27
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to KRS 61.815, hold closed sessions of its meetings to discuss matters exempt from 1
the open meetings law and pertaining to an eligible company. 2
Section 106. KRS 154.32-060 is amended to read as follows: 3
(1) The authority shall not approve an economic development project that otherwise 4
meets the requirements of this subchapter if the economic development project w ill 5
result in the replacement of facilities existing in the state, except as provided in this 6
section. 7
(2) The authority may approve an economic development project that: 8
(a) Rehabilitates an existing facility used for activities of an eligible company, if: 9
1. The facility has not been in operation for a period of ninety (90) or more 10
consecutive days; or 11
2. a. The current occupant of the facility has advertised a notice of 12
closure; and 13
b. The eligible company proposing the economic development 14
project is not an affiliate of the current occupant of the facility; or 15
3. a. The facility is sold or transferred pursuant to a foreclosure ordered 16
by a court of competent jurisdiction or an order of a bankruptcy 17
court of competent jurisdiction; and 18
b. The title to the facility prior to the sale is not vested in the eligible 19
company or an affiliate of the eligible company; or 20
4. The existing facility is rehabilitated to enable a business to produce vital 21
medications, personal protective equipment, or equipment necessary to 22
produce personal protective equipment; 23
(b) Replaces an existing facility of an eligible company if: 24
1. a. Title to the facility: 25
i. Is held by exercise of the power of eminent domain; or 26
ii. May be taken pursuant to a nonappealable judgment 27
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granting authority to exercise the power of eminent 1
domain; 2
b. The title or judgment under subdivision (a) of this subparagraph 3
was obtained prior to the effective date of this Act; and 4
c.[b.] Normal operations at the facility cannot be resumed within twelve 5
(12) months;[ or] 6
2. The facility has been damaged or destro yed by fire or other casualty to 7
the extent that normal operations cannot be resumed at the facility 8
within twelve (12) months; or 9
3. The existing facility is replaced to enable a business to produce vital 10
medications, personal protective equipment, or equ ipment necessary to 11
produce personal protective equipment; or 12
(c) Replaces an existing facility located in the same county if the existing facility 13
cannot be expanded due to the unavailability of real estate at or adjacent to the 14
facility to be replaced. A ny economic development project satisfying the 15
requirements of this paragraph shall be eligible for incentives under this 16
subchapter only to the extent of the expansion. No incentives shall be 17
available for the equivalent of the facility to be replaced or rehabilitated. 18
(3) The authority shall not approve an economic development project under this section 19
which results in a lease abandonment or lease termination by the approved company 20
without the consent of the lessor. 21
Section 107. KRS 154.50-320 is amended to read as follows: 22
[(1) ]The purpose, duties, and powers of the authority shall be to: 23
(1)[(a)] Acquire, retain, and develop land for industrial and commercial purposes in 24
Kentucky; aid in the development and promotio n of industrial sites, parks, and 25
subdivisions to meet industrial and commercial needs in Kentucky;[.] 26
(2)[(b)] Encourage the acquisition, retention, and development of land for industrial 27
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and commercial needs in Kentucky by other local development organiz ations, both 1
public and private;[.] 2
(3)[(c)] Cooperate with the United States Army Corps of Engineers an d other federal 3
agencies in formulating development plans and in acquiring and developing land 4
for industrial and commercial purposes in accordance with these plans; and[.] 5
(4)[(d)] Acquire by contract, lease, purchase, gift, [condemnation, ]or otherwise a ny 6
real or personal property, or rights in property [therein], necessary or suitable for 7
establishing industrial sites, parks, or subdivisions. The authority may dispose of 8
any real or personal property, or rights in property[therein], which in the opinion of 9
the authority are no longer needed to carry out the purposes of KRS 154.50 -301 to 10
154.50-346. The authority may lease, sell, or convey any or all industrial sites, 11
parks, and subdivisions owned or optioned by it to any public or private 12
organization, governmental unit, or industry for the purpose of constructing [and/]or 13
operating any manufacturing, industrial, or commercial facility. [Provided, 14
]However, a[that no] sale or conveyance of any land shall not be made to a private 15
organization or industry wi thout that[such] organization or industry first having 16
executed a written contract with the authority providing that if no actual 17
construction of a manufacturing, industrial, or commercial facility, as set forth in 18
the executed contract, is commenced withi n ten (10) years, the organization or 19
industry shall offer to reconvey the land, free and clear of liens and encumbrances, 20
to the authority, and should the authority accept the offer of reconveyance, it shall 21
return to the organization or industry ninety -five percent (95%) of the purchase 22
price paid[ therefor].[ 23
(2) Upon the adoption by the authority of a resolution reciting that property is needed 24
for industrial sites, parks, and subdivisions and cannot be acquired by negotiation 25
and purchase at its fair m arket value, the governmental units in which such land is 26
located may direct and institute condemnation proceedings in the name of such 27
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governmental units, for the use and benefit of the authority. The procedure for 1
condemnation shall conform to the procedure set out in the Eminent Domain Act of 2
Kentucky. Upon acquisition of the property, the governmental unit shall convey the 3
property to the authority upon payment by the authority to the governmental unit of 4
an amount of money equal to the judgment and cos ts paid by the governmental 5
unit.] 6
Section 108. KRS 160.1597 is amended to read as follows: 7
(1) Upon the approval of a charter contract by a public charter school authorizer, the 8
applicant shall be permitted to operate a public charter school for a term of five (5) 9
years. 10
(2) The board of directors of the public charter school shall negotiate and exe cute a 11
charter contract with the governing body of the authorizer. 12
(3) A public charter school shall have all corporate powers necessary and desirable for 13
carrying out a public charter school program in accordance with this section and the 14
terms of the cha rter contract, including all of the powers of a local board of 15
education and of a local school district, except as otherwise provided in KRS 16
160.1590 to 160.1599. 17
(4) The powers granted to a public charter school under this section constitute the 18
performance of essential public purposes and governmental purposes of this state. A 19
public charter school shall be exempt to the same extent as other public schools 20
from all taxation, fees, assessments, and special ad valorem levies on its earnings 21
and its property . Instruments of conveyance to or from a public charter school and 22
any bonds or notes issued by a public charter school, together with the income 23
received, shall at all times be exempt from taxation. 24
(5) A public charter school shall not have the power to levy taxes [ or to acquire 25
property by eminent domain] , but shall have police powers to the same extent and 26
under the same requirements as a local school district. 27
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(6) The board of directors of the public charter school shall have final authority over 1
policy and operational decisions of the public charter school, although the decision -2
making authority may be delegated to the administrators and staff of the school in 3
accordance with the provisions of the charter contract. 4
(7) Notwithstanding any other statute to the contrary, [no ]civil liability shall not attach 5
to any public charter school authorizer or to any of its members or employees, 6
individually or collectively, for any acts or omissions of the public charter school. 7
Neither the local school district n or the Commonwealth shall be liable for the debts 8
or financial obligations of a public charter school or any person or corporate entity 9
who operates a public charter school. 10
Section 109. KRS 164.260 is amended to read as follows: 11
The board of trustees may acquire additional lands or other property or material under 12
KRS 45.750(1)(f) and 164A.575 for the purpose of expanding its plant and extending its 13
usefulness.[ When unable to contract with the owner of land or other pro perty or material 14
necessary for the purposes of the university, it may acquire the same by condemnation 15
proceedings in the manner provided in the Eminent Domain Act of Kentucky.] 16
Section 110. KRS 164.410 is amended to read as follows: 17
(1) The governing board of a postsecondary education institution may purchase or lease 18
land under KRS 164A.575 for the purpose of securing the erection of buildings and 19
may receive by any legal mode of conveyance or[,] purchase, and hold pro perty 20
under KRS 164A.575 of any description that the board deems necessary for the 21
purposes of the school, and may build and construct improvements for such 22
purposes and hold or sell the same. [If a governing board is unable to agree with the 23
owner of the real estate as to its value, or to its purchase, it may proceed in its own 24
name to condemn the real estate in the manner provided in the Eminent Domain Act 25
of Kentucky. ]Real estate acquired by purchase [or condemnation ]shall be paid for 26
out of money appropriated to the institution. 27
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(2) The governing board of each institution shall periodically review the assets of the 1
institution and shall sell and convey under KRS 164A.575 those assets not 2
necessary for implementing the institutional mission. Proceeds fr om the disposition 3
shall be deposited in the unexpended plant fund account or in the fund for 4
excellence authorized by KRS 164A.620. 5
(3) Any real property acquired under this section shall be in name of the 6
Commonwealth for the use and benefit of the institution. 7
Section 111. KRS 164A.575 is amended to read as follows: 8
(1) The governing boards of each institution may elect to purchase interest in real 9
property, contractual services, rentals of all types, supplies, materia ls, equipment, 10
printing, and services, except that competitive bids may not be required for: 11
(a) Contractual services where no competition exists; 12
(b) Food, clothing, equipment, supplies, or other materials to be used in 13
laboratory and experimental studies; 14
(c) Instructional materials available from only one (1) source; 15
(d) Where rates are fixed by law or ordinance; 16
(e) Library books; 17
(f) Commercial items that are purchased for resale; 18
(g) Professional, technical, scientific, or artistic services, but contr acts shall be 19
submitted in accordance with KRS 45A.690 to 45A.725; 20
(h) All other commodities, equipment, and services which, in the reasonable 21
discretion of the board, are available from only one (1) source; and 22
(i) Interests in real property. 23
(2) [Nothing in ] This section shall not deprive the boards from negotiating with 24
vendors who maintain a General Services Administration price agreement with the 25
United States of America or any agency thereof .[, provided,] However, a[that no] 26
contract executed under this section[provision] shall not authorize a price higher 27
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than is contained in the contract between General Services Administration and the 1
vendor affected. 2
(3) The governing board shall require the institution to take and maintain inventories of 3
plant and equipment. 4
(4) The governing board shall establish procedures to identify items of common 5
general usage among all departments to foster volume purchasing. It shall establish 6
and enforce schedules for purchasing supplies, materials, and equipment. 7
(5) The governing board shall have power to salvage and[,] to exchange [, and to 8
condemn] supplies, equipment, and real property. 9
(6) Upon the approval of the secretary of the Finance and Administration Cabinet, the 10
governing board may purchase or otherwise acquire all real property determined to 11
be needed for the institution's use. The amount paid shall not exceed the fair market 12
value as determined by a qualified appraiser [ or the value set by the eminent 13
domain procedure]. Any real property acquired under this section shall be in name 14
of the Commonwealth for the use and benefit of the institution. 15
(7) (a) Notwithstanding KRS 56.806, the governing board may renegotiate the cost 16
of a lease after the expiration of the lease term and any renewal terms 17
provided in the lease prior to any renewal not provided for in the terms of the 18
lease. 19
(b) Except when a lease incorporates a lease -purchase under KRS 56.806, the 20
governing board shall reserve the right to cancel a lease upon at leas t thirty 21
(30) days' written notice. 22
(c) Notwithstanding KRS 56.823(2) and (3), any lease renewals, except automatic 23
renewals permitted under KRS 56.803, 56.805(2), and 56.806(1), for which 24
the annual rental cost will exceed two hundred thousand dollars ($2 00,000) 25
shall be reported to the Capital Projects and Bond Oversight Committee in the 26
same format as set out in KRS 56.823(2). 27
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(d) Notwithstanding KRS 56.813, a public college or university may pay for 1
improvements to leased property costing in excess of t en thousand dollars 2
($10,000) but less than one million dollars ($1,000,000) in a lump sum upon 3
approval of its board using non -general fund appropriations and without 4
incurring debt. 5
(8) The governing board shall sell or otherwise dispose of all real or p ersonal property 6
of the institution which is not needed or has become unsuitable for public use, or 7
would be more suitable consistent with the public interest for some other use, as 8
determined by the board. The determination of the board shall be set forth in an 9
order, and shall be reached only after review of a written request by the institution 10
desiring to dispose of the property. The[Such] request shall describe the property 11
and state the reasons why the institution believes disposal should be effected. All 12
instruments required by law to be recorded which convey any interest in any [such 13
]real property [so ] disposed of shall be executed and signed by the appropriate 14
officer of the board. Unless the board deems it in the best interest of the institution 15
to proceed otherwise, all such real or personal property shall be sold either by 16
invitation of sealed bids o r by public auction .[; provided,] However, [that ] the 17
selling price of any interest in real property shall not be less than its[the] fair market 18
value [thereof ] as determined by the Finance and Administration Cabinet or the 19
Transportation Cabinet for the[such] requirements of that department. 20
(9) Real property or any interest in real property [therein] may, subject to [the 21
provisions of ]KRS Chapter 45A, be purchased, leased, or otherwise acquired from 22
any officer or employee of any board of the institution, based upon a written 23
application by the grantor or lessor approved by the board, that the employee has 24
not either himself or herself or through any other person influenced or attempted to 25
influence either the board requesting the purchase of the property. In any case in 26
which such an acquisition is consummated, the [said ]request and finding shall be 27
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recorded and kept by the Secretary of State along with the other documents 1
recorded pursuant to [the provisions of ]KRS Chapter 56. 2
(10) (a) As used in this s ection, "construction manager -agency," "construction 3
management-at-risk," "design -bid-build," "design -build," and "construction 4
manager-general contractor" [shall ] have the same meaning as in KRS 5
45A.030. 6
(b) For capital construction projects, the procurem ent may be on a total design -7
bid-build basis, a design -build basis, construction manager -general contractor 8
basis, or construction management-at-risk basis, whichever in the judgment of 9
the board offers the best value to the taxpayer. Best value shall be d etermined 10
in accordance with KRS 45A.070. Proposals shall be reviewed by the 11
institution's engineering staff to assure quality and value, and compliance with 12
procurement procedures. All specifications shall be written to promote 13
competition. Services for p rojects delivered on the design -build basis, 14
construction manager -general contractor basis, or construction management -15
at-risk basis shall be procured in accordance with KRS 45A.180, KRS 16
45A.183, and the regulations promulgated in accordance with KRS 45A.1 80. 17
[Nothing in ] This section shall not prohibit the procurement of construction 18
manager-agency services. 19
(c) Notwithstanding KRS 45A.185, for all capital construction projects, bidder 20
security for competitive sealed bidding for construction contracts shall only be 21
required when the price is estimated to exceed one million dollars 22
($1,000,000). 23
(11) The governing board shall attempt in every practicable way to ensure[insure] the 24
institution's supplying its real needs at the lowest possible cost. To accompli sh this 25
the board may enter into cooperative agreements with other public or private 26
institutions of education or health care. 27
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(12) The governing board shall have control and supervision over all purchases of 1
energy consuming equipment, supplies, and relat ed equipment purchased or 2
acquired by the institution, and shall designate by regulation the manner in which 3
an energy-consuming[energy consuming] item will be purchased so as to promote 4
energy conservation and acquisition of energy efficient products. 5
(13) The governing board may negotiate directly for the purchase of contractual 6
services, supplies, materials, or equipment in bona fide emergencies regardless of 7
estimated costs. The existence of the emergency must be fully explained, in writing, 8
by the vice president responsible for business affairs , and the[such] explanation 9
shall[must] be approved by the institution president. The letter and approval shall 10
be filed with the record of all such purchases. Where practical, standard 11
specifications shall be fol lowed in making emergency purchases. A good-12
faith[good faith] effort shall be made to effect a competitively established price for 13
emergency purchases. 14
(14) (a) All governing boards that purchase agricultural products[,] as defined by KRS 15
45A.630[,] shall, on or before January 1 of each year, provide a report to the 16
Legislative Research Commission and to the Department of Agriculture 17
describing the types, quantities, and costs of each product purchased. The 18
report shall be completed on a form provided by the department. 19
(b) If purchasing agricultural products, a governing board shall encourage the 20
purchase of Kentucky -grown agricultural products in accordance with KRS 21
45A.645. If a governing board purchases agricultural products through a 22
contract with a vendor or food service provider, the contract shall require that 23
if Kentucky-grown agricultural products are purchased, the products shall be 24
purchased in accordance with KRS 45A.645. Only contracts entered into or 25
renewed after July 15, 2008, shall be requir ed to comply with [the provisions 26
of ]this subsection. 27
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(c) All governing boards that purchase Kentucky -grown agricultural products 1
shall, on or before January 1 of each year, provide a report to the Legislative 2
Research Commission and to the Department of Agriculture describing the 3
types, quantities, and costs of each product purchased. The report shall be 4
completed on a form provided by the department. 5
(15) Notwithstanding KRS 45.760, the governing board may authorize a capital 6
construction project or a ma jor item of equipment even though it is not specifically 7
listed in any branch budget bill, subject to the following conditions and procedures: 8
(a) The full cost shall be funded solely by non-general fund appropriations; 9
(b) Moneys specifically budgeted and appropriated by the General Assembly for 10
another purpose shall not be allotted or reallotted for expenditure on the 11
project or major item of equipment. Moneys utilized shall not jeopardize any 12
existing program and shall not require the use of any current general funds 13
specifically dedicated to existing programs; and 14
(c) The institution's president, or designee, shall submit the project or major item 15
of equipment to the Capital Projects and Bond Oversight Committee for 16
review as provided by KRS 45.800. 17
(16) Governing boards shall apply the reciprocal resident bidder preference described in 18
KRS 45A.494 prior to the award of any contract. 19
(17) Governing boards may authorize the use of reverse auctions as defined in KRS 20
45A.070 for the procurement of goods and leases. 21
Section 112. KRS 165.070 is amended to read as follows: 22
The board of trustees of a municipal university in a city of the first class may acquire, by 23
purchase or gift, lands and improvements for the purpose of expanding the plant and 24
extending the usefulness of the university [, and when unable to agree with the owner of 25
land and improvements necessary for the purposes of the university may proceed to 26
condemn the land and improvements. The condemnation proceedings shall be conducted 27
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in the manner provided in the Eminent Domain Act of Kentucky]. 1
Section 113. KRS 165.195 is amended to read as follows: 2
The board of trustees of a municipal college established pursuant to KRS 165.160 may 3
acquire, by purchase or gift, lands and improvements for the purpose of expanding the 4
plant and extending the usefulness of the college [, and when unable to agree with the 5
owner of land and improvements necessary for the purposes of the college may proceed 6
to condemn the land and improvements. The condemnation proceedings shall be 7
conducted in the manner provided in the Eminent Domain Act of Kentucky]. 8
Section 114. KRS 168.100 is amended to read as follows: 9
The authority shall have no power of taxation, nor is it vested with the police power of 10
the Commonwealth[, except insofar as the exercise of the power of eminent domain may 11
be deemed a part thereof] . Otherwise, in general terms, it shall have and is hereby given 12
all [such ]constitutional powers [as are ] necessary to its accomplishment of the purpose 13
and implementation of the public policy [set forth ]in KRS 168.010. Without limiting the 14
generality of the foregoing, but only for assurance to parties transacting business with the 15
authority, and who may demand and be entitled to assurance, the following speci fic 16
powers are hereby vested in the authority: 17
(1) To receive and use in the furtherance of its lawful objectives state funds [as may be 18
]appropriated or allotted to it, any funds received for services rendered under 19
contract or from the sale of property o wned by it, and contributions, matching 20
funds, gifts, bequests, and devises from any source, whether state or federal, and 21
whether public or private ,[;] unless [the same be ] tendered subject to one (1) or 22
more conditions which are inconsistent with KRS 168 .010 to 168.100, or otherwise 23
unlawful; 24
(2) To make contracts and agreements whereunder the authority may undertake to 25
provide educational television facilities and related functions and facilities to or for 26
any public body of the state or federal governme nt in furtherance of educational 27
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television or in aid of any other public function. However, it shall be an express 1
provision of every such contract that the authority will not undertake to transmit or 2
relay, and will not permit any other party to transmit or relay, in the use of the 3
authority's television facilities, any subversive matter, any political propaganda, or 4
any image or message in the interests of any political party or candidate for public 5
office; or be used by, or in aid of, any church, sectar ian, or denominational school; 6
but this proviso is not intended and shall not be construed to be a limitation upon 7
dissemination by the authority of legitimate objective instructional material which 8
is properly related to the study of history or of current events, or which is no more 9
than factually informative, of current issues of government, or of various political 10
ideologies; 11
(3) To produce, prepare, transmit, and relay, either from life or by recording on tape or 12
films, educational television programs a nd related services coordinated with the 13
curricula prescribed or approved for the public schools of the Commonwealth by 14
the department or the board pursuant to KRS 158.6451; 15
(4) To purchase or lease from others, or to contract with others for the use of, o r the 16
right to transmit or relay, similar educational television programs and related 17
services, whenever in the opinion of the authority the programs or services [same] 18
are suitable and cannot be produced as effectively or economically through the use 19
of its own facilities; 20
(5) To purchase, lease, or otherwise acquire, and to operate, television and related 21
facilities deemed by the authority to be necessary in the furtherance of its lawful 22
objectives[; and in this connection to acquire property by the exerci se of the power 23
of eminent domain, in the manner authorized for the Department of Highways by 24
the Eminent Domain Act of Kentucky, whenever the same cannot be purchased, 25
leased, or otherwise acquired at a reasonable price after reasonable negotiations 26
with the owner or owners]. In all such matters, the authority shall be subject to [the 27
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provisions of ]KRS Chapters 45A and 56; 1
(6) To prescribe standards for receiving instruments which are purchased in the future 2
for use in the public schools, in order that re ception of educational television 3
programs and related services may be acceptable and in conformity with the manner 4
of their transmission[ thereof]; and to disseminate those[such] standards, together 5
with technical information with regard to installations and use of receiving 6
instruments, to all of the public school districts, or to such as may request the 7
information[same]; 8
(7) In its discretion and within the limitation of availability of funds from any sources, 9
to: 10
(a) Establish a program of matching fun ds as an inducement to public school 11
districts to purchase and install proper facilities for receiving and utilizing 12
educational television programs and related services, especially in situations 13
where by reason of topographical difficulties of reception, special antennas[,] 14
or other equipment may be required, and 15
(b) If [so ]requested by the boards of education of a sufficient number of public 16
school districts, to purchase through the Finance and Administration Cabinet, 17
subject to [the provisions of ] KRS C hapter 45A, receiving instruments on 18
their behalf on a wholesale basis for the purposes of economy, any such 19
purchases to be on a public competitive basis after due advertisement 20
according to law, but restricted to [such ]receiving instruments that[as] meet 21
the standards prescribed by the authority. 22
Section 115. KRS 173.600 is amended to read as follows: 23
Public library distric ts may, in addition to all other methods provided by law, acquire, 24
construct, and improve library facilities through the issuance of revenue bonds under the 25
terms and provisions of KRS 58.010 to 58.130[58.140]. 26
Section 116. KRS 173.785 is amended to read as follows: 27
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Public library districts may, in addition to all other methods provided by law, acquire, 1
construct, and improve library facilities through the issuance of revenue bonds under the 2
terms and provisions of KRS 58.010 to 58.130[58.140]. 3
Section 117. KRS 175.590 is amended to read as follows: 4
[(1) ]The authority is hereby authorized and empowered to acquire by purchase, 5
whenever it shall deem a[such] purchase expedient, solely fro m funds provided pursuant 6
to this chapter, any[such] lands, structures, property, rights, rights of way, franchises, 7
easements, and other interests in lands, including lands lying under water and riparian 8
rights, which are located within the Commonwealth, as it may deem necessary or 9
convenient for the construction and operation of any project, upon [such ] terms and at 10
[such ]prices it considers[as may be considered by it to be] reasonable and can be agreed 11
upon between it and the owner of the property [thereof], and to take title to the 12
property[thereto] in the name of the authority.[ 13
(2) Whenever a reasonable price cannot be agreed upon, or whenever the owner 14
is legally incapacitated or is absent, unknown or unable to convey valid title, the authority 15
is hereby authorized and empowered to acquire by condemnation or by the exercise of the 16
power of eminent domain any lands, property, rights, rights of way, franchises, easements 17
and other property, including public lands, parks, playgrounds, reservations, highwa ys or 18
parkways, or parts thereof or rights therein, of any person, copartnership, association, 19
railroad, public service, public utility or other corporation, or municipality or political 20
subdivision, deemed necessary or convenient for the construction or t he efficient 21
operation of any project or necessary in the restoration of public or private property 22
damaged or destroyed. Any such proceedings shall be conducted, and the compensation 23
to be paid shall be ascertained and paid, in the manner provided by the Constitution and 24
laws of the Commonwealth then applicable which relate to condemnation or to the 25
exercise of the power of eminent domain by the department. Title to any property 26
acquired by the authority shall be taken in the name of the authority. In any 27
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condemnation proceedings the court having jurisdiction of the suit, action or proceeding 1
may make such orders as may be just to the authority and to the owners of the property to 2
be condemned and may require an undertaking or other security to secure such owners 3
against any loss or damage by reason of the failure of the authority to accept and pay for 4
the property, but neither such undertaking or security nor any act or obligation of the 5
authority shall impose any liability upon the Commonwealth except as m ay be paid from 6
the funds provided under this chapter. 7
(3) If the owner, lessee or occupier of any property to be condemned shall refuse 8
to remove his personal property therefrom or give up his possession thereof, the authority 9
may proceed to obtain possession in any manner now or hereafter provided by law. 10
(4) With respect to any railroad property or right of way upon which railroad 11
tracks are located, any powers of condemnation or of eminent domain may be exercised 12
to acquire only an easement interest the rein which shall be located either sufficiently far 13
above or sufficiently far below the grade of any railroad track or tracks upon such 14
railroad property so that neither the proposed project nor any part thereof, including any 15
bridges, abutments, columns, supporting structures and appurtenances, nor any traffic 16
upon it, shall interfere in any manner with the use, operation or maintenance of the trains, 17
tracks, works or appurtenances or other property of the railroad nor endanger the 18
movement of the trains or traffic upon the tracks of the railroad. Prior to the institution of 19
condemnation proceedings for such easement over or under such railroad property or 20
right of way, plans and specifications of the proposed project showing compliance with 21
the above mentioned above or below grade requirements and showing sufficient and safe 22
plans and specifications of such overhead or undergrade structure and appurtenances 23
shall be submitted to the railroad for examination and approval. If the railroad fails or 24
refuses within thirty (30) days to approve the plans and specifications so submitted, the 25
matter shall be submitted to the Public Service Commission of Kentucky whose decision 26
arrived at after due consideration in accordance with its usual procedure, shall be final a s 27
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to the sufficiency and safety of such plans and specifications and as to such elevations or 1
distances above or below the tracks. Said overhead or undergrade structure and 2
appurtenances shall be constructed only in accordance with such plans and specifica tions 3
and in accordance with such elevations or distances above or below the tracks so 4
approved by the railroad or the Public Service Commission as the case may be. A copy of 5
the plans and specifications approved by the railroad or the Public Service Commi ssion 6
shall be filed as an exhibit with the petition for condemnation.] 7
Section 118. KRS 175B.090 is amended to read as follows: 8
(1) Each project constructed or operated under this chapter shall be maintained and 9
kept in good condition and repair by the developing authority, which may contract 10
with the department or with any local highway department for maintenance of a 11
project. 12
(2) All private property damaged or destroyed in carrying out the powers granted by 13
this chapt er shall be restored or repaired and placed in its original condition as 14
nearly as practicable or adequate compensation shall be made out of funds provided 15
under this chapter. 16
(3) All counties, cities, towns, and other political subdivisions and all public agencies 17
and commissions of the Commonwealth, notwithstanding any contrary provision of 18
law, may lease, lend, grant, or convey to an authority any real property which may 19
be neces sary or convenient to the effectuation of the authorized purposes of the 20
authority, including public roads and other real property already devoted to public 21
use.[ 22
(4) In obtaining property under this chapter, an authority shall pursue the acquisition 23
under the procedures and mandates of KRS 416.540 to 416.670.] 24
Section 119. KRS 177.081 is amended to read as follows: 25
[(1) The Commonwealth of Kentucky, Department of Highways, when it has, by official 26
order, designated the r oute, location, or relocation of a highway, limited access 27
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highway, bridge, roadside park, borrow -pit, quarry, garage, or other property or 1
structure deemed necessary for the construction, reconstruction, or maintenance of 2
an adequate system of highways, may, if unable to contract or agree with the owner 3
or owners thereof, condemn the lands or material, or the use and occupancy of the 4
lands designated as necessary. All property acquired by the Commonwealth of 5
Kentucky, Department of Highways, shall be in fee simple whenever so specified in 6
the petition filed in the action. The official order of the Department of Highways 7
shall be conclusive of the public use of the condemned property and the 8
condemnor's decision as to the necessity for taking the property wi ll not be 9
disturbed in the absence of fraud, bad faith, or abuse of discretion. 10
(2) ]Any property purchased or otherwise acquired by the Department of Highways for 11
the purpose of construction or reconstruction of a road, street, or highway shall be cleared 12
and maintained by the Department of Highways from the time of acquisition until 13
the[such] property is no longer owned by the department. 14
[(3) The proceedings for condemnation shall be as provided in the Eminent Domain Act 15
of Kentucky.] 16
Section 120. KRS 177.090 is amended to read as follows: 17
(1) The Department of Highways is hereby authorized to acquire and improve strips of 18
land necessary for the restoration, preservation, and enhancement of scenic beauty 19
within and adjacent to federal -aid highways of this state, including acquisition and 20
development of publicly owned and controlled rest and recreation areas and 21
sanitary and other facilities within or adjacent to the highway right -of-way 22
reasonably necessary to accommodate the traveling public. 23
(2) The interest in any land authorized to be acquired and maintained under this section 24
may be the fee simple or any lesser interest, as determined by the Department of 25
Highways to be reasonably necessary to accomplish th e purposes of this section. 26
An[Such] acquisition may be by gift, purchase, or exchange[, or condemnation. 27
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(3) The acquisition through condemnation shall be in accordance with the provisions of 1
the Eminent Domain Act of Kentucky]. 2
Section 121. KRS 177.420 is amended to read as follows: 3
[(1) ]The department is hereby authorized and empowered to acquire by purchase, 4
whenever it shall deem a[such] purchase expedient, solely from funds provided under the 5
authority of KRS 177.390 to 177.570, any[such] lands, structures, property, rights, rights-6
of-way, franchises, easements , and other interests in lands, including lands lying under 7
water and riparian rights, which are located within the Commonwealth, as it may deem 8
necessary or convenient for the construction and operation of any project, upon [such 9
]terms and at [such ]prices it considers[as may be considered by it to be] reasonable and 10
can be agreed upon between it and the owner of the property[thereof], and to take title to 11
the property[thereto] in the name of the Commonwealth for the use and benefit of the 12
department.[ 13
(2) Whenever a reasonable price cannot be agreed upon, or whenever the owner is 14
legally incapacitated or is absent, unknown or unable to convey valid title, the 15
department is hereby authorized and empowered to acquire by condemnation or by 16
the exercise of the power of eminent domain any lands, property, rights, rights -of-17
way, franchises, easements and other property, including public lands, parks, 18
playgrounds, reservations, highways or parkways, or parts thereof or rights therein, 19
of any person, copartnership, association, railroad, public service, public utility or 20
other corporation, or municipality or political subdivision, deemed necessary or 21
convenient for the construction or the efficient operation of any project or necessary 22
in the restoration of public or private property damaged or destroyed. Any such 23
proceedings shall be conducted, and the compensation to be paid shall be 24
ascertained and paid, in the manne r provided by the Constitution and laws of the 25
Commonwealth then applicable which relate to condemnation or to the exercise of 26
the power of eminent domain by the department. Title to any property acquired by 27
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the department shall be taken in the name of the Commonwealth for the use and 1
benefit of the department. In any condemnation proceedings the court having 2
jurisdiction of the suit, action or proceeding may make such orders as may be just to 3
the department and to the owners of the property to be condemned and may require 4
an undertaking or other security to secure such owners against any loss or damage 5
by reason of the failure of the department to accept any pay for the property, but 6
neither such undertaking or security nor any act or obligation of the depa rtment 7
shall impose any liability upon the Commonwealth except as may be paid from the 8
funds provided under the authority of KRS 177.390 to 177.570. 9
(3) If the owner, lessee or occupier of any property to be condemned shall refuse to 10
remove his personal pr operty therefrom or give up possession thereof, the 11
department may proceed to obtain possession in any manner now or hereafter 12
provided by law. 13
(4) With respect to any railroad property or right-of-way upon which railroad tracks are 14
located, any powers of condemnation or of eminent domain may be exercised to 15
acquire only an easement interest therein which shall be located either sufficiently 16
far above or sufficiently far below the grade of any railroad track or tracks upon 17
such railroad property so that nei ther the proposed project nor any part thereof, 18
including any bridges, abutments, columns, supporting structures and 19
appurtenances, nor any traffic upon it, shall interfere in any manner with the use, 20
operation or maintenance of the trains, tracks, works o r appurtenances or other 21
property of the railroad nor endanger the movement of the trains or traffic upon the 22
tracks of the railroad. Prior to the institution of condemnation proceedings for such 23
easement over or under such railroad property or right -of-way, plans and 24
specifications of the proposed project showing compliance with the above -25
mentioned above or below grade requirements and showing sufficient and safe 26
plans and specifications of such overhead or undergrade structure and 27
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appurtenances shall be s ubmitted to the railroad for examination and approval. If 1
the railroad fails or refuses within thirty (30) days to approve the plans and 2
specifications so submitted, the matter shall be submitted to the Public Service 3
Commission of Kentucky whose decision, arrived at after due consideration in 4
accordance with its usual procedure, shall be final as to the sufficiency and safety of 5
such plans and specifications and as to such elevations or distances above or below 6
the tracks. Said overhead or undergrade struc ture and appurtenances shall be 7
constructed only in accordance with such plans and specifications and in 8
accordance with such elevations or distances above or below the tracks so approved 9
by the railroad or the Public Service Commission as the case may be. A copy of the 10
plans and specifications approved by the railroad or the Public Service Commission 11
shall be filed as an exhibit with the petition for condemnation.] 12
Section 122. KRS 177.867 is amended to read as follows: 13
[(1) ]The commissioner of the Department of Highways is authorized to acquire by 14
purchase[,] or gift[, or condemnation pursuant to the Eminent Domain Act of Kentucky 15
and shall pay just compensation upon the removal of] the following advertising devices: 16
(1)[(a)] Those lawfully in existence on October 22, 1965; 17
(2)[(b)] Those lawfully on any highway designated a part o f the interstate or federal -18
aid primary system on or after October 22, 1965, and before January 1, 1968; 19
(3)[(c)] Those lawfully erected on or after January 1, 1968; 20
(4)[(d)] Those lawfully in existence on January 1, 1976; and 21
(5)[(e)] Those lawfully erect ed or maintained, or both, between January 1, 1976, and 22
December 31, 1989.[ 23
(2) Compensation shall be paid for the following: 24
(a) The taking from the owner of any such advertising device of all right, title, 25
leasehold, and interest in such advertising device; and 26
(b) The taking from the owner of the real property on which the advertising 27
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device is located, of the right to erect and maintain such advertising devices 1
thereon.] 2
Section 123. KRS 177.880 is amended to read as follows: 3
[Nothing in ] KRS 177.830 to 177.890 shall not be construed to abrogate or affect [the 4
provisions of ] any municipal ordinance, regulation , or resolution which is more 5
restrictive concerning advertising devices than [the provisions of ] KRS 177.830 t o 6
177.890 or of the regulations adopted hereunder [; provided that no city, county or urban -7
county government and no commission, agency or department of any of the foregoing, or 8
any person acting under authority directly or indirectly conferred by any munic ipal 9
ordinance, regulation or resolution shall have any authority to require any sign or other 10
advertising device which is within its jurisdiction, which was lawfully erected or installed 11
and which is maintained in good repair to be removed without payment of just 12
compensation as provided under KRS 177.867(2)]. 13
Section 124. KRS 178.333 is amended to read as follows: 14
(1) The fiscal court of a county containing a city of the first class or a consolidated 15
local government may[,] at any time[,] add other roads, or portions of roads, to the 16
county through road system adopted in accordance with KRS 178.330. The fiscal 17
court or a consolidated local government shall cause the proposed addition to be 18
marked on a map to be deposited with the county road engineer and to be open to 19
public inspection. The same procedure [set forth ] in KRS 178.330 for the 20
establishment or maintenance of the county through road system shall be followed 21
in the case of roads or portions of roads added thereto. Notice of the proposed 22
addition to the system shall conform to KRS 424.130(1)(b). 23
(2) The fiscal court of a county containing a city of the first cla ss or a consolidated 24
local government may establish or maintain a new road in compliance with [ the 25
provisions of ]KRS 178.115, 178.116, and 178.117 [ to 178.125], or relocate a road 26
in accordance with KRS 178.115, and at the same time add it to the county t hrough 27
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road system, following the same procedure [as is now set forth ] in KRS 178.330 1
and subsection (1) of this section, including notice in accordance with KRS 2
424.130(1)(b). 3
(3) The decisions of the fiscal court or the consolidated local government made in 4
accordance with this section shall be final. 5
Section 125. KRS 179.310 is amended to read as follows: 6
[(1) ]When lands are entered upon under [the provisions of ] KRS 179.300, the county 7
engineer may agree with the own er of the lands , subject to the approval of the fiscal 8
court, as to the amount of damages sustained by the owner because of the entry, and the 9
amount of damages shall be paid by the fiscal court out of the county road fund.[ 10
(2) If the county engineer is unable to agree with the owner upon the amount of the 11
damages, the amount shall be determined and paid in the manner provided in KRS 12
178.110.] 13
Section 126. KRS 179.370 is amended to read as follows: 14
(1) If it appears necessary to close a county road or bridge which is being constructed 15
or repaired, the county engineer shall execute a notice in duplicate, stating the 16
necessity for closing the road or bridg e, and describing the portion to be closed. He 17
or she shall cause a copy of the notice to be posted at each end of the portion of the 18
road or bridge to be closed, and shall close that[such] portion to travel by erecting 19
suitable obstructions and posting co nspicuous notices to the effect that it is closed. 20
Not more than one (1) mile of any county road shall be closed at one (1) time. 21
(2) The county engineer shall provide a new location for constructing a temporary road 22
to be used in lieu of the closed road, and may erect temporary bridges when 23
necessary. For the purposes of locating or constructing the temporary road or 24
bridge, the county engineer may enter upon the lands adjoining or near the closed 25
road, and may, with the approval of the fiscal court, agre e with the owners of the 26
lands as to the damages caused thereby. 27
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(3) [If the county engineer is unable to agree with the owner upon the amount of 1
damages sustained, the amount shall be ascertained and paid as provided in KRS 2
178.110. 3
(4) ]When a county r oad[,] or bridge, has been closed to the public as provided in this 4
section, a[no] person shall not disregard the obstructions and notices and drive or 5
ride over the portion of the road, or bridge, so closed. 6
Section 127. KRS 179.990 is amended to read as follows: 7
(1) Any county engineer who fails to comply with [the provisions of subsection (3) of 8
]KRS 179.040(3) shall be fined five hundred dollars ($500). 9
(2) Any person who fails to perform the duties imposed by KRS 179 .220 and 179.230 10
shall be fined not less than twenty dollars ($20) nor more than fifty dollars ($50). 11
(3) Any county engineer who fails to publish the notices required by KRS 179.230 12
shall be fined not less than twenty -five dollars ($25), nor more than one hundred 13
dollars ($100). 14
(4) Any person who violates[ subsection (2) of] KRS 179.240(2) shall be fined not less 15
than ten dollars ($10) nor more than fifty dollars ($50). 16
(5) Any railroad company that fails to comply with [the provisions of ] KRS 179.290 17
within the specified time [,] shall be fined not less than five hundred dollars ($500) 18
nor more than one thousand dollars ($1,000) for each failure. 19
(6) Any county engineer who willfully fails to comply with [the provisions of ] KRS 20
179.320 for sixty (60) days after the fiscal court has ordered the guideboards to be 21
erected[,] shall be fined not more than twenty-five dollars ($25). 22
(7) Any person who violates [ subsection (4) of] KRS 179.330(4)[,] shall be fined not 23
less than ten dollars ($10) nor more than one h undred dollars ($100) for each 24
offense. 25
(8) Any owner of a toll bridge who fails to repair the bridge when ordered to do so 26
under [the provisions of ]KRS 179.360 shall be fined fifty dollars ($50). 27
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(9) Any person who violates[ subsection (4) of] KRS 179.370(3) shall be fined not less 1
than five dollars ($5) nor more than twenty-five dollars ($25). 2
(10) Any person who violates[ subsection (2) of] KRS 179.380(2) shall be fined not less 3
than ten dollars ($10) nor more than fifty dollars ($50). 4
(11) Any county engineer who violates KRS 179.460 shall be fined not less than twenty 5
dollars ($20) nor more than one hundred dollars ($100) for each offense. 6
(12) Any county engineer who fails to perform the duties of his or her office shall, 7
unless a different penalty is prescribed, be fined not over one hundred dollars 8
($100). 9
(13) Any county engineer who fails to cause contractors for county road and bridge 10
work to perform their duties shall be fined not over one hundred dollars ($100). 11
(14) Any county engineer who fail s to prosecute for any penalty [provided ] in KRS 12
Chapters 178 and 179, knowing that the penalty has been incurred, shall be fined 13
twenty-five dollars ($25) for each failure to prosecute. 14
(15) If a fiscal court or county judge/executive willfully fails to p erform any duty 15
required of it by [the provisions of ]this chapter, except KRS 179.230 and 179.320, 16
every member of the court concurring in the failure shall be fined not less than ten 17
dollars ($10) nor more than one hundred dollars ($100) by the Circuit C ourt of the 18
county. 19
(16) All fines imposed by this chapter shall be paid into the county road fund. 20
(17) A[No] fine imposed by this chapter shall not bar an action for damages for breach 21
of contract. 22
(18) Any person, subdivider, builder, contractor , or developer of any construction 23
project who violates[ subsection (2) of] KRS 179.070(2) shall be fined not less than 24
five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each 25
offense. 26
Section 128. KRS 180.240 is amended to read as follows: 27
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The money collected under KRS 180.020 to 180.250 shall be paid into the State Treasury 1
and constitute the highway bridge fund. A[No] part of the fund [thereof] shall not be 2
withdrawn from the Treasury, except for the purposes of refunding to the state road fund 3
the cost of preparing plans, specifications, purchasing real estate, [exercising the rights of 4
eminent domain, ]issuing and selling of bonds, the payment for lab or and material and all 5
expenses necessary to begin the construction of a bridge, and all other purposes 6
specifically set out or reasonably implied in KRS 180.020 to 180.240, including the 7
acquisition or building of bridges. 8
Section 129. KRS 180.260 is amended to read as follows: 9
(1) The Department of Highways may purchase [or condemn ]any ferry [that is ]located 10
within ten (10) miles of a toll bridge owned in whole or in part by the state, if the 11
department considers it necessary or advisable in order to protect the bridge from 12
ferry competition. 13
(2) Any ferry acquired under subsection (1) of this section shall be paid for out of 14
appropriations out of the state road fund. 15
Section 130. KRS 183.120 is amended to read as follows: 16
(1) The cabinet may acquire or dispose by contract, purchase, lease, donation, 17
[condemnation ] or otherwise, airports, buildings, runways, grounds and other 18
facilities suitable for airport purposes and the proper sa feguards to flying where 19
the[such] acquisition or disposal shall be in the public interest. 20
(2) The cabinet may make additions and improvements to airports or facilities, and 21
either alone or with the cooperation of others, provide personnel, heat, light, w ater, 22
fuel, telephone service, drainage, runways, fueling facilities, radio and navigation 23
facilities, and other costs of operation and maintenance, including insurance, and 24
may bear the expense of removal or change of obstructions that menace air travel. 25
(3) The cabinet may enter into contracts of lease for land or facilities to which title is 26
vested in the Commonwealth with any city, or cities, county, or counties, 27
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governmental unit, political subdivision, air board, or person for the furtherance of 1
the p urposes of this chapter. All rents or revenues derived from any contracts of 2
lease shall become the property of the cabinet to be expended by it in carrying out 3
the purposes of this chapter. 4
(4) The cabinet may give any[such] advice and assistance, includi ng financial aid, 5
engineering, and technical assistance within the limits of its resources as it deems 6
advisable, to enable any governmental unit or board to acquire, construct, expand, 7
maintain, and operate airports or otherwise assist in the development of aeronautics 8
within their limits.[ Aid may include the exercise of the cabinet's power of eminent 9
domain, if such usage is requested by the governmental unit or board. Where such 10
eminent domain powers are utilized, title to acquire property may vest in t he 11
governmental unit.] 12
Section 131. KRS 183.122 is amended to read as follows: 13
(1) Where nec essary, in order to provide unobstructed air space for the landing and 14
taking off of aircraft utilizing airports acquired or operated under [the provisions of 15
]this chapter, the cabinet is hereby granted authority to [condemn and ] acquire, in 16
the same manner as is provided for the acquisition of property for airport purposes, 17
easements through or other interests in air space over land or water, interests in 18
airport hazards outside the boundaries of the airports and any[such] other airport 19
protection privile ges, together with rights of ingress and egress thereto and 20
therefrom, as are necessary to ensure[insure] safe approaches to the landing areas 21
[of said airports ] and the safe and efficient operation of the airports [thereof]. The 22
cabinet is authorized to ac quire, in the same manner, the right or easement, for a 23
term of years or perpetually, to place or maintain suitable marks for the daytime 24
marking and suitable lights or marks for the night marking of airport hazards, 25
including the right of ingress and egre ss to and from any[such] airport hazards for 26
the purpose of maintaining and repairing [such ]lights and marks. 27
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(2) The secretary may, by order, authorize any airport board or governmental unit to 1
[condemn and ] acquire[, with the full power of the Commonwea lth, in the manner 2
provided in the Eminent Domain Act of Kentucky,] any of the interests, easements, 3
airport protection privileges, interests in air space, rights, or hazard marking 4
privileges described in subsection (1), or any real or personal property. [ Any 5
condemnation proceeding which may be necessary for such acquisition, if filed 6
under this subsection, shall be filed in the name of the Commonwealth on relation 7
of the secretary of transportation, and of the airport board or governmental unit 8
making such acquisition.] 9
(3) The authority granted in subsections (1) and (2) shall not be [so ]construed [as ]to 10
limit the right, power, or authority of the state or any municipality or governmental 11
unit to zone property adjacent to any airport pursuant to any law of this state. 12
Section 132. KRS 183.133 is amended to read as follows: 13
(1) The purpose of the board shall be to establish, maintain, operate, and expand 14
necessary, desirable, or appropriate airport and air navigation facilities. It shall have 15
the duty and any[such] powers [as may be ]necessary[,] or desirable to promote and 16
develop aviation, including air transportation, airports, and air navigation facilities. 17
(2) The board shall establish and fix reasonable rates, cha rges, and fees for the use of 18
the landing area, ramps, and other common aviation facilities. In fixing those[such] 19
rates, charges, or fees, the board may take into consideration, among other factors, 20
the total capital investment by the board or other local or state governmental 21
authority, the revenue needed properly to maintain the[such] facilities, the revenue 22
needed properly to expand the airport and its facilities, the portion of the facilities 23
utilized by the licensee or contracting party and its custom ers, and the volume and 24
type of business conducted. Any party aggrieved by the rates, charges , or fees may 25
appeal from the action of the board to the Circuit Court of the county within which 26
the board operates, within ninety (90) days from the date that the board finally 27
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publishes the[such] rates, charges , or fees and gives notice of their 1
publication[same] to the contracting party or licensee. The Circuit Court may hear 2
evidence and determine whether or not the rates, charges , or fees are, or are not, 3
reasonable in amount. Appeal from the judgment of the Circuit Court may be 4
prosecuted as any other civil appeal. 5
(3) The board shall likewise have power [, from time to time,] to fix rates, charges , or 6
fees by contract, or by publishing general rates, charges , or fees for commercial 7
vendors, concessionaires, or other persons for the use or occupancy of terminal or 8
other ground use facilities, under [such ]terms or conditions as it deems[may deem] 9
to be in the best interest of maintaining, operating , or expanding necessary airport 10
or air navigation facilities, and the public use of the facilities[thereof]. 11
(4) The board may acquire by contract, lease, purchase, gift, [condemnation ] or 12
otherwise any real or personal property, or rights in property[therein], necessary for 13
establishing, operating , or expanding airports and air navigation facilities. The 14
board may erect, equip, operate , and maintain on such property, buildings and 15
equipment necessary, desirable , or appropriate for airport or air navigation 16
facilities. The board may dispose of any real or personal property, or rights in 17
property[therein], which, in the opinion of the board are no longer needed for 18
operating or expanding the airport or air navigation facilities. 19
(5) [The board or any other governmental unit may by resolution reciting that the 20
property is needed for airport or air navigation purpos es direct the condemnation of 21
any property, including navigation or other easements. The procedure for 22
condemnation shall conform to the procedures set out in the Eminent Domain Act 23
of Kentucky. 24
(6) ]The board or any other governmental unit may [from time to time ] make, adopt, 25
and enforce such rules, regulations , and ordinances as it may find necessary, 26
desirable, or appropriate for carrying into effect the purposes of this chapter, 27
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including those relating to the operation and control of the airport, airpo rt facilities, 1
or air navigation facilities owned or operated by the[such] board or [such ] other 2
governmental unit. All rules, regulations , and ordinances adopted pursuant to this 3
section shall be published according to [the provisions of ] KRS 424.130, and the 4
board or other governmental unit adopting them shall keep a permanent record of 5
the[such] rules, regulations, and ordinances available for public inspection [,] on the 6
airport premises. Prosecution for a violation of any rule, regulation , or ordinance 7
adopted pursuant to this section shall be in the District Court of any county within 8
which the airport is located. 9
(6)[(7)] Any board may engage in activities to promote, encourage , or develop the use 10
of airports or air navigation facilities under its cont rol, and any board which has 11
members [thereof ] appointed by the Governor shall be assisted in those[such] 12
activities by the state Cabinet for Economic Development if it requests [such 13
]assistance from the cabinet. 14
Section 133. KRS 183.990 is amended to read as follows: 15
(1) Any person violating [any of the provisions of ] this chapter with respect to 16
operation of aircraft [,] or violating [the provisions of ] any rule, regulation, or 17
ordinance adopted under KR S 183.133 (5)[(6),] shall be fined not less than fifty 18
dollars ($50) nor more than one thousand dollars ($1,000) or imprisoned not more 19
than ninety (90) days or both. 20
(2) Each violation of the statutes pertaining to the state airport zoning commission or of 21
any order, rule, or regulation promulgated pursuant thereto shall be punishable by a 22
fine of not less than one hundred dollars ($100) nor more than five hundred dollars 23
($500) or imprisonment for not more than thirty (30) days or both and each day a 24
violation continues to exist shall constitute a separate offense. 25
(3) Any person who violates [the provisions of ] KRS 183.886 shall be fined not less 26
than fifty dollars ($50) nor more than one thousand dollars ($1,000) or shall be 27
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imprisoned in the county jail for not less than ten (10) nor more than ninety (90) 1
days, or both. 2
(4) Any person who violates [the provisions of ] KRS 183.086 or 183.887(2) shall be 3
guilty of: 4
(a) A Class A misdemeanor; or 5
(b) A Class D felony [,] if the violation causes a significant change of course or a 6
serious disruption to the safe travel of the aircraft that threatens the physical 7
safety of the passengers and crew of the aircraft. 8
Section 134. KRS 184.360 is amended to read as follows: 9
(1) [(a) ]A transportation improvement district may acquire by purchase, lease, lease -10
purchase, lease with option to pur chase, appropriation, or otherwise in the manner 11
and for the consideration it considers proper, any public or private property 12
necessary, convenient, or proper for the construction, maintenance, repair, or 13
operation of a project. The district may pledge ne t revenues, to the extent permitted 14
by KRS 184.350 to 184.395 with respect to bonds, to secure payments to be paid by 15
the district under such a lease, lease -purchase agreement, or lease with option to 16
purchase. Title to real and personal property shall be held in the name of the 17
district.[ 18
(b) If a district cannot come to terms on any property purchase, the district may 19
request the city or county that established the district to acquire the property 20
in accordance with KRS 416.540 to 416.670. Except as other wise agreed to 21
by the owner, full compensation shall be paid for public property so taken.] 22
(2) This section shall[does] not authorize a district to take or disturb property or 23
facilities belonging to any public utility or to a common carrier engaged in 24
interstate commerce when the property or facilities are required for the proper and 25
convenient operation of the public utility or common carrier, unless provision is 26
made for the restoration, relocation, replication, or duplication of the property or 27
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facilities elsewhere at the sole cost of the district. 1
(3) Except as otherwise provided in KRS 184.350 to 184.395, disposition of real 2
property shall be by sale, lease -purchase agreement, lease with option to purchase, 3
or otherwise in the manner and for the consi deration as the district determines if to 4
a governmental agency, and otherwise in the manner provided in this section. 5
Disposition of personal property shall be in the manner and for the consideration as 6
the district determines. 7
Section 135. KRS 216.335 is amended to read as follows: 8
The government of the hospital district shall be vested in the board which shall have 9
general control of the property and affairs of the district and shall have all the powers 10
necessary to ca rry out the purposes of KRS 216.310 to 216.360 , including[,] but not 11
confined to[,] the following: 12
(1) To construct, acquire, add to, maintain, operate, develop and regulate, sell and 13
convey all lands, property rights, equipment, hospital facilities and sy stems for the 14
maintenance of hospitals, buildings, structures and any other facilities; 15
(2) [To exercise the right of eminent domain for the purposes of the district except that 16
no hospital district shall have the right of eminent domain against any hospit al, 17
clinic or sanatorium operated by a nonprofit charitable, religious or public 18
organization, or against any private hospital, clinic or sanatorium; 19
(3) ]To receive, acquire, hold, manage, expend, sell , and convey donations and 20
bequests of real and personal property for hospital purposes within the district; 21
(3)[(4)] To establish and maintain a public hospital or hospitals in the district and 22
where necessary make provision for education of needed personnel to operate 23
those[such] hospitals; 24
(4)[(5)] To lease existing hospital or hospitals and equipment and other property used 25
in connection with the operation of a hospital, and to pay rent[such rental therefor 26
]as the board shall deem proper; 27
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(5)[(6)] To enter into contracts and agreements with any person or corporation, public 1
or private, affecting the affairs of the district, including contracts with cities, 2
counties, other municipalities, the Commonwealth , or the United States of America 3
and any of its agents or instrumentalities; 4
(6)[(7)] To enter into contracts with a nonprofit corporation acting as a governmental 5
agency for the construction and equipping of a hospital or hospitals, and the leasing 6
of the same to the district; 7
(7)[(8)] To sue and be sued; 8
(8)[(9)] To make contracts, employ an administrator, attorneys , and other technical or 9
professional assistance and all other employees as the needs of the district may 10
require, and to prescribe their duties and compensation; 11
(9)[(10)] To have perpetual existence; 12
(10)[(11)] To borrow money on the credit of the board in anticipation of the revenue to 13
be derived from anticipated revenue from user fees or from taxes levied by the 14
district for the fiscal year in which the money is borrowed, and to pledge the taxes 15
levied for the district for the payment of the principal and interest of the loan; 16
(11)[(12)] To establish bylaws it deems necessary or expedient to define the duties of 17
officers, assistants, or employees, to fix the conditions of admission to the hospitals 18
of the district, and the support and discharge of patients, and to conduct in a proper 19
manner the professional and business affairs of the district; 20
(12)[(13)] To establish and enforce a suitable sy stem of rules and regulations for the 21
internal government, discipline, and management of the hospitals of the district; 22
(13)[(14)] To determine annually the amount of tax, not to exceed ten cents ($0.10) per 23
one hundred dollars ($100) of property assessed for taxation, to be levied upon the 24
taxable property of the district, for the purposes of the district, and to certify to the 25
fiscal court of each county in the district and to each county clerk for inclusion on 26
the tax bills of property owners in the district. 27
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Section 136. KRS 220.110 is amended to read as follows: 1
(1) If no suit is filed against the commissioner under KRS 220.100, or if suit is filed 2
and final judgment in the Circuit Court or an appeal is in favor of the commissioner, 3
the commissioner shall immediately[forthwith] declare the district organized into a 4
sanitation district and give it a corporate name, as provided in KRS 220.050, by 5
which in all proceedings it shall thereafter be known. The commissioner sha ll 6
certify his or her act to the county clerk of each county in which any part of the 7
district is located, and to the Secretary of State, each of whom shall record the 8
certificate as articles of incorporation. The commissioner shall also certify his or 9
her act to the county judge/executive of each county in which any part of the 10
district is located. The district shall then be a political subdivision, except as 11
otherwise specifically provided in KRS 220.530, with power to sue and be sued, 12
contract and be con tracted with, incur liabilities and obligations, [ exercise the right 13
of eminent domain,] assess, tax, and contract for rentals as herein provided, issue 14
bonds, and do and perform all acts [herein ] expressly authorized and all acts 15
necessary and proper for the carrying out of the purpose for which the district was 16
created, and for executing the powers with which it is invested. 17
(2) The board of directors of the district may amend the corporate name of the district, 18
but the amendment shall not be effective until certified by the board to the 19
commissioner, the county clerk and county judge/executive of each county in which 20
any part of the district is located, and to the Secretary of State. 21
Section 137. KRS 224.80-180 is amended to read as follows: 22
(1) An environmental covenant shall be perpetual except under the following 23
circumstances: 24
(a) By its terms, the environmental covenant is limited to a specific duration or is 25
terminated by the occurrence of a specific event; 26
(b) The environmental covenant is terminated pursuant to KRS 224.80-190; or 27
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(c) The environmental covenant is terminated by foreclosure of an interest that 1
has priority over the environmental covenant[; or 2
(d) The environmental covenant is terminated or modified in an eminent domain 3
proceeding and the following conditions exist: 4
1. The cabinet is a party to the eminent domain proceeding; 5
2. All persons identified in KRS 224.80 -190(1) and (2) are given notice of 6
the pendency of the eminent domain proceeding; and 7
3. A court of competent jurisdiction determines, after hearing, that the 8
termination or modification of the environmental covenant will not 9
adversely affect human health or the environment]. 10
(2) If the cabinet or [if ] any holder determines that the intended benefits of an 11
environmental covenant can no longer be realized, Franklin Circuit Court, under the 12
doctrine of changed circumsta nces, in an action in which all persons identified in 13
KRS 224.80 -190(1) and (2) have been given notice, may terminate the 14
environmental covenant or reduce its burden on the real property subject to the 15
environmental covenant. 16
(3) Except as otherwise provid ed in subsections (1) and (2) of this section, an 17
environmental covenant may not be extinguished, limited, or impaired through the 18
issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of 19
adverse possession, prescription, abando nment, waiver, lack of enforcement, 20
acquiescence, or a similar doctrine. 21
Section 138. KRS 224A.070 is amended to read as follows: 22
The authority may carry out and perform the following essential governmental functions 23
of statewide import and concern: 24
(1) To promulgate administrative regulations in accordance with KRS Chapter 13A 25
and adopt bylaws for the regulation of its affairs and t he conduct of its business, 26
which shall define with specificity conditions precedent under which applications 27
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for loans or grants may be made and the order of priority upon which applications 1
shall be acted upon; 2
(2) To retain an executive director, who sh all be experienced and knowledgeable in the 3
fields in which the authority may act, together with other employees, including for 4
example only, engineers, accountants, and attorneys, necessary and appropriate to 5
enable the authority to fulfill its duties, functions, and responsibilities; 6
(3) To adopt a corporate seal; 7
(4) To sue and be sued in its own name and to have the right, power, and authority to 8
enforce its obligations and covenants made pursuant to [the provisions of ] this 9
chapter; 10
(5) To levy a tax o n every purchase of water service and sewer service in the state, 11
[such] a tax to be equal to not more than two percent (2%) of the gross amount of 12
the bill for water services rendered; 13
(6) To approve or reject applications made to the authority for loans or grants; 14
(7) To lease an infrastructure project or make loans or grants to or purchase or 15
refinance obligations of any governmental agency for the purpose of assisting the 16
governmental agency in the construction of an infrastructure project. A lease, loa n, 17
or grant shall be in accordance with the terms and conditions of an assistance 18
agreement by and between the authority and the governmental agency, which shall 19
include the provisions and conditions specified in KRS 224A.100, and any[such] 20
other reasonable terms and conditions as the authority shall determine; 21
(8) [Without reference to the provisions of KRS Chapter 56, to acquire and hold in the 22
name of the authority, by the exercise of the power of eminent domain pursuant to 23
the Eminent Domain Act of Kent ucky, the real property or rights therein, including 24
rights-of-way, easements and licenses, and the personal property reasonably 25
deemed necessary to effectuate the development, implementation, financing, and 26
construction or acquisition of any infrastructur e project, and to make the properties 27
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available to a governmental agency in connection with an infrastructure project; 1
(9) ]To receive service charges from governmental agencies which have entered into 2
assistance agreements with the authority, in accordanc e with the terms and 3
conditions of the assistance agreements, and to use and employ the service charges 4
in accordance with [the provisions of ]this chapter, the service charges to constitute 5
authority revenues; 6
(9)[(10)] To enter into and enforce assistanc e agreements made and entered into with 7
governmental agencies by suit, action, mandamus , or other proceedings, including 8
the obtaining by judicial decree of the appointment of a receiver to administer 9
infrastructure projects financed by leases, loans , or g rants which have been 10
undertaken by governmental agencies; 11
(10)[(11)] To enter into any necessary or required agreement with federal or state 12
agencies or persons to carry out [the provisions of ]this chapter; 13
(11)[(12)] To bid at a competitive public sale of obligations of a governmental agency or 14
negotiate the purchase or sale of obligations of a governmental agency, 15
notwithstanding any other law to the contrary; 16
(12)[(13)] To borrow money a nd issue negotiable bonds and notes pursuant to this 17
chapter; 18
(13)[(14)] To lend money to governmental agencies or to advance moneys from the 19
infrastructure revolving fund to the federally assisted wastewater revolving fund in 20
order to match federal moneys that may become available; 21
(14)[(15)] To contract with the federal government as to any infrastructure project; 22
(15)[(16)] To participate with the federal government or any of its agencies, the state 23
government or any of its agencies or political subdivis ions, or any other person in 24
the construction or repair of any infrastructure project; and 25
(16)[(17)] To have, possess, and exercise all other powers reasonably incident to the 26
carrying out of the duties and responsibilities of the authority. 27
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Section 139. KRS 243.540 is amended to read as follows: 1
(1) [The provisions of ] This section shall apply to any licensee who is unable to 2
continue in business at the licensed premises because of: 3
(a) An act of God; 4
(b) A casualty; 5
(c) An acquisition by a federal [, state, city, or other] governmental agency under 6
the power of eminent domain granted to the government or agency; 7
(d) [A voluntary or involuntary acquisition by any corporation or other business 8
entity recognized by law through the power of eminent domain; 9
(e) ]A loss of lease because the landlord fails to renew an existing lease; 10
(e)[(f)] Court action; 11
(f)[(g)] Default under a security agreement; 12
(g)[(h)] Default under a lease; or 13
(h)[(i)] Other verifiable business reason. 14
(2) If a license issued by the department has been revoked, the former licensee may, 15
under the supervision of the state administrator, dispose of and transfer the former 16
licensee's stock to another licensee if the disposition is completed within ninety (90) 17
days and the licensee is a distiller, rectifier, winery, or brewer. The disposition shall 18
be completed within thirty (30) days if the licensee is a wholesaler or distributor or 19
within twenty (20) days if the licensee is a retailer. 20
(3) A retail licensee in good standing with the department who voluntarily ceases to 21
operate the licensed business for any reason other than revocation by the board or a 22
court order shall dispose of all alcoholic beverage or cannabis -infused be verage 23
inventory within thirty (30) days of the event. The following requirements shall 24
apply to the disposition of the licensee's inventory: 25
(a) If the premises is still open to the public and the licensee has not yet 26
surrendered the license, the licensee shall sell alcoholic beverages or 27
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cannabis-infused beverages only to the public and shall not sell below costs; 1
(b) If a licensee has terminated the licensed business, the licensee shall submit a 2
written request for approval from the state administrator w ithin ten (10) days 3
in advance of the sale to dispose of the licensee's remaining inventory. The 4
request shall identify the retailer who is purchasing the inventory, the 5
proposed date of the sale, and the quantity, types, and brands of alcoholic 6
beverages or cannabis-infused beverages to be sold; and 7
(c) If a licensee has more than one (1) licensed retail premises and closes one (1) 8
or more retail premises and seeks to transfer the inventory to another licensed 9
retail premises the licensee owns, the license e shall submit a request in 10
writing to the state administrator at least ten (10) days before the inventory is 11
transferred. The request shall identify the premises to which the alcoholic 12
beverages or cannabis -infused beverages are being transferred, the pro posed 13
date of the transfer, and the quantity, types, and brands of alcoholic beverages 14
or cannabis-infused beverages to be sold. 15
(4) If a licensee files for bankruptcy or is directed by a court to dispose of inventory to 16
satisfy a lien or judgment, the inv entory may be sold only to a licensee holding any 17
license that authorizes the possession and sale of those alcoholic beverages or 18
cannabis-infused beverages. The bankrupt licensee or the licensee subject to the 19
court order shall notify the department of th e sale and shall attach a copy of the 20
court order or the judgment directing the sale and a list of the quantity, types, and 21
brands of alcoholic beverages or cannabis -infused beverages to be sold, but if the 22
licensee fails to do so, the notification may be made by the bankruptcy trustee, the 23
lienholder, or the judgment creditor. Any licensee who purchases the inventory 24
shall notify the department within five (5) days after the transfer of the specific 25
inventory sold. 26
(5) A secured creditor or landlord that i s in possession, custody, or control of any 27
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alcoholic beverages owned by a licensee may dispose of those alcoholic beverages 1
through the department's public auction as authorized by subsection (6) of this 2
section or may dispose of alcoholic beverages or ca nnabis-infused beverages in the 3
following manner: 4
(a) The secured creditor or landlord shall submit a written request for approval 5
from the state administrator, within twenty (20) days in advance of the sale or 6
destruction of the licensee's remaining inven tory. The request shall identify 7
the: 8
1. Licensee who is purchasing the inventory or the business to destroy the 9
inventory; 10
2. Proposed date of the sale or destruction; and 11
3. Quantity, types, and brands of alcoholic beverages or cannabis -infused 12
beverages to be sold or destroyed; 13
(b) The proposed transferee or transferees may be any person or persons holding 14
any license that authorizes the possession and sale of those alcoholic 15
beverages or cannabis -infused beverages, or a business authorized to dispose 16
of alcoholic beverages or cannabis-infused beverages; 17
(c) A copy of the written request shall be mailed by the department to the 18
licensee's registered agent or last known address on file with the department 19
by certified mail. Within ten (10) days after the department's mailing of this 20
request, the licensee shall file with the department and applicant any objection 21
the licensee has to the request, or be permanently barred from objecting; and 22
(d) If a sale is approved, the licensee who purchases the inventory shall notify the 23
department within five (5) days after the transfer of that specific inventory. 24
(6) The board may promulgate administrative regulations in accordance with KRS 25
Chapter 13A for additional means for the transfer or disposal of alcoholic beverage 26
inventory, including procedures to allow the board to dispose of the inventory 27
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through public auction if: 1
(a) A final order relating to those alcoholic beverages has been ent ered after all 2
administrative and judicial proceedings are conducted, if applicable; 3
(b) The entire proceeds of the public auction are donated to the alcohol wellness 4
and responsibility education fund established in KRS 211.285; and 5
(c) The board deems the inventory safe to release to the public, including but not 6
limited to the alcoholic beverages being in their original, unopened packaging. 7
Section 140. KRS 247.140 is amended to read as follows: 8
(1) The State Fair Board: 9
(a) Shall have the custody and control of [such ]property [as ]now [is ]under its 10
custody and control, and of [such ] property [as may ] hereafter [be ] placed 11
under its control or transferred to it by the State Property and Buildings 12
Commission, for any pu rposes [mentioned ]in this section , and the physical 13
properties [so ] under its custody and control or transferred to it are 14
[hereinafter] referred to in this section, and in KRS 247.150 and 247.160, as 15
the "state fairgrounds and an area in a city of the fi rst class to be used as an 16
exhibition center"; 17
(b) May erect and repair buildings on the state fairgrounds and exhibition center, 18
make any and all necessary or proper improvements, and generally carry on a 19
program of development and extension of facilities designed to accomplish 20
the objectives defined in this section; 21
(c) Shall promote the progress of the state and stimulate public interest in the 22
advantages and development of the state by providing the facilities of the state 23
fairgrounds for agricultural a nd industrial exhibitions, public gatherings, 24
cultural activities, and other functions calculated to advance the educational, 25
physical, and cultural interests of the public and by providing the facilities of 26
the exhibition center for conventions, trade sho ws, public gatherings, and 27
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other functions calculated to advance and enhance the visitor industry, 1
economy, entertainment, cultural, and educational interests of the public; 2
(d) Shall hold an annual fair on the state fairgrounds, for the exhibition of 3
agricultural, mechanical, horticultural, dairy, forestry, poultry, livestock, 4
mineral, and all other industrial interests of the state, and prepare premium 5
lists and establish rules of exhibition for the fair; 6
(e) May purchase liability insurance for the membe rs and executive officers 7
exempted from the classified service of the state by KRS 18A.115; and 8
(f) Shall own and operate shows and expositions that include but are not limited 9
to the: 10
1. North American International Livestock Exposition, including its Nor th 11
American Championship Rodeo; 12
2. Kentucky State Fair and World's Championship Horse Show; and 13
3. National Farm Machinery Show and its Championship Tractor Pull. 14
(2) The State Fair Board may [take, ] acquire[,] and hold property, and all interest in 15
property[therein], by deed, gift, devise, bequest, or lease[, or eminent domain] , or 16
by transfer from the State Property and Buildings Commission, and may dispose of 17
any property so acquired in the manner provided by law. [ In the exercise of its 18
power of eminent domain it shall proceed in the manner provided in the Eminent 19
Domain Act of Kentucky.] 20
Section 141. KRS 262.745 is amended to read as follows: 21
Subject to the approval of the board of supervisors, the board of directors of a watershed 22
conservancy district shall have power to: 23
(1) Levy an annual tax on the real property within the district within the limitations 24
provided in KRS 262.760 for administration, construction, operation , and 25
maintenance of works of improvement within the district;[.] 26
(2) Acquire by purchase, gift, grant, bequest, or devise[, or through condemnation 27
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proceedings in the manner provided in the Eminent Domain Act of Kentucky,] the 1
fee simple title or any lesser interest in land including easements and flowage rights 2
[as are ]necessary for the exercise of any authorized function of the district, and for 3
that[such] purpose, may cause examinations and surveys to be made of any lands, 4
easements, or rights -of-way necessary for the performance of any authorized 5
function of the district;[.] 6
(3) Construct, improve, operate , and maintain [such ]structures [as may be ] necessary 7
for the performance of any function authorized by KRS 262.700 to 262.795; and[.] 8
(4) Borrow [such ]money [as is ]necessary for the purpose of acquiring lands or rights -9
of-way and establishing, constructing, reconstru cting, repairing, enlarging , and 10
maintaining [such ]structures and improvements [as are ] required by the district in 11
the performance of its functions, and issue, negotiate , and sell its bonds as provided 12
in KRS 262.750. 13
Section 142. KRS 266.130 is amended to read as follows: 14
The board of levee commissioners may [enter upon, ] acquire[, take] and hold any lands 15
or premises necessary and proper for locating, constructing, reconstructing, enlarging, 16
extending, repairing , and maintaining its line of levees, as well as for the cutting of 17
ditches for the purpose of relieving the levees and the lands adjacent thereto enlarged by 18
sipe and rain water. The board may also cut and remove trees, timbers and other materials 19
that may, by falling or otherwise, encumber or endanger any levee. [ In case the owners 20
cannot agree with the board as to the value of any property taken under authority of this 21
section, the board may condemn the property in the manner provide d in the Eminent 22
Domain Act of Kentucky. ] 23
Section 143. KRS 267.100 is amended to read as follows: 24
Except as provided in KRS 267.010, 267.090, and 267.490, the directors from the various 25
districts of the county shall con stitute the county board of drainage commissioners, with 26
the right to acquire, hold, encumber, sell , and convey any property necessary to the 27
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conduct of its affairs, with all the rights and powers of a corporation, and with all other 1
rights and powers nece ssary to carry out its work under [the provisions of ] this chapter[, 2
including the right of eminent domain]. 3
Section 144. KRS 267.450 is amended to read as follows: 4
The owner of any land that has been assessed for the cost of any improvement may use 5
the improvement as an outlet for lateral drains from his or her land. [If the land is 6
separated from the improvement by the land of another, and the owners are unable to 7
agree as to the terms on which the one may enter the land of the other and construct the 8
drain or ditch, he may file his ancillary petition in the pending proceeding, and have the 9
same condemned in the same manner as provided in the Eminent Domain Act of 10
Kentucky. ]When the ditch is constructed it shall become a part of the drainage system 11
and be under the control of, and kept in repair by, the board. 12
Section 145. KRS 268.510 is amended to read as follows: 13
(1) In order to effect the drainage, protection , and reclamation of the land and other 14
property in any district organized under this chapter subject to assessment, to 15
protect cities from overflow, and to promote the public health or general welfare of 16
the community, the board acting for the district may clean out, alter, construct , or 17
maintain any drain in or out of the district, and construct and maintain any levees, 18
dikes, dams, revetments, reservoirs, holding basins, floodways, pumping stations, 19
syphons, and any other work and improvements deemed necessary to preserve and 20
maintain the works or prevent overflow of land or protect any city or parts of a 21
city[thereof] in or out of the district. The board may construct or enlarge any bridge 22
needed in or out of the district across any drain or other improvement or any public 23
highway, railroad right-of-way, track, grade, fill, or cut, subject to [the provisions of 24
]KRS 268.530; construct roadways upon, along, and over levees and embankments; 25
and remove any fence, building, or improvement in or out of the district. 26
(2) The board may hold, control , and acquire by donation or purchase [, or, if need be, 27
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condemn] any land, easement, railroad right-of-way, sluice, conduit, sewer, holding 1
basin, or franchise in or out of the district for any purpose provided for in this 2
chapter.[ 3
(a) The board may also condemn, pursuant to the Eminent Domain Act of Kentucky, 4
for the use of the district any property within or without the district not acquired or 5
condemned by the board on the report of the appraisers.] 6
(3) The board may control all water power created by the construction of improvements 7
in the district, and construct and maintain any hydroelectric power plants to develop 8
[such ] power for the use of the district and use any funds in the tr easury of the 9
district not otherwise appropriated for the construction and maintenance of 10
those[such] plants. The board may lease any power in excess of that required for 11
the use of the district. The proceeds of that[such] lease shall be turned in to the 12
treasury of the district. 13
(4) [However, ]The construction or maintenance of any improvement shall not impair 14
navigation upon any navigable stream in this state. 15
Section 146. KRS 268.570 is amended to read as follows: 16
Any owner may use the drain as an outlet for lateral ditches from his or her land.[ If his 17
land is separated from the drain by the land of another and they are unable to agree as to 18
the conditions on which one may enter another's land and construct the ditch, he may file 19
his ancillary petition in the pending proceeding to the court, and secure condemnation as 20
provided for in the Eminent Domain Act of Kentucky.] When the ditch is constructed, it 21
shall become a part of the drainage system and shall be under the control of the board and 22
kept in repair by it. 23
Section 147. KRS 269.070 is amended to read as follows: 24
Any county may remove any ponds, pools, or swamp marshes, or reclaim swamp land 25
that may cause sickness in the county, by ditching, leveeing, or cleaning out logs and 26
brush that may cause any creek to scatter or form pools of stagnant water. The cost shall 27
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be paid for out of the county levy or by taxation of the property in the county subject to 1
taxation for state purposes. When the fiscal court undertakes such a project, it may 2
acquire for the county by contract [or condemnation ]any land necessary to carr y out the 3
project.[ If condemnation proceedings are necessary, they shall be conducted in the 4
manner provided in the Eminent Domain Act of Kentucky. ] 5
Section 148. KRS 269.210 is amended to read as follows: 6
The corporation may extend its ditches, make other ditches, connect with any creek or 7
stream and straighten or cut across any curve to facilitate drainage [, and, when necessary, 8
take the lands of private persons. The corporation is vested with the right and power of 9
eminent domain for the condemnation of land that may be necessary, which remedy shall 10
be pursued as provided by the Eminent Domain Act of Kentucky, the proceedings to be 11
brought by the corporation in the Circuit Court, providing due compensation to the 12
owners of land]. 13
Section 149. KRS 269.270 is amended to read as follows: 14
(1) The county judge/executive in each county of this Commonwealth, wherein the 15
fiscal court has requested it, is hereby authorized to establish a count ywide surface 16
water drainage district for the entire county including all municipalities. The cost of 17
procuring the necessary rights -of-way and the construction and maintenance of 18
a[such] countywide drainage district shall be paid by the fiscal court out o f the 19
annual levy for county taxes. When the fiscal court undertakes such a project it may 20
acquire for the county by contract [or condemnation ] any land necessary to carry 21
out the project.[ If condemnation proceedings are necessary they shall be conducted 22
in the manner provided in the Eminent Domain Act of Kentucky.] 23
(2) The administration of this district shall be exclusively by or within the fiscal court 24
of the[said] county, and the fiscal court is hereby authorized and empowered to 25
employ [such ] assistants, including commissioners or a superintendent, and other 26
employees [as may be ] necessary for the construction, maintenance , and continued 27
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operation of the[said] system, and shall fix the salaries of all employees to be paid 1
as other county employees are paid. 2
(3) In the construction and maintenance of a[such] drainage system the fiscal court is 3
authorized and empowered, as a part of the cost of construction and maintenance of 4
the[said] system, to build or construct [such ]bridges and culverts over and acr oss 5
the ditches or canals of this system that[as in the opinion of] the fiscal court 6
deems[are] necessary. 7
(4) This section [Nothing herein contained] shall not authorize or empower the 8
construction or maintenance of a sanitary sewer system or sanitary sewers. 9
Section 150. KRS 272.321 is amended to read as follows: 10
(1) (a) A member of a constituent association to be affected by a merger or 11
consolidation may give to the association prior to or at the meeting of its 12
members to which the proposal of merger or consolidation is submitted to a 13
vote, written notice that he or she objects to the[such] proposal. 14
(b) Within twenty (20) days after the date on which the vote was taken, that[such] 15
member may, unless he or she votes in favor of the proposal, make written 16
demand on the association for payment of the fair market value of hi s or her 17
stock or other property rights or interest in the association. A demand[Such 18
demands] shall state the number and class of shares of stock owned by the 19
member[him] or the nature and amount of other property rights or interest 20
owned by him or her in the association. 21
(c) In addition to any other right he or she may have in law or equity, a member 22
giving a[such] notice shall be entitled, if and when the merger or 23
consolidation is effected, to be paid by the surviving association, or new 24
association, the fair market value of the[such] stock, or other property rights 25
or interests, as of the day prior to the date on which the vote was taken, 26
subject only to the member's surrender [by him ] of the certificate [,] or 27
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certificates of the[such] stock or other evidence of ownership or other 1
property rights or interests. 2
(2) If within thirty (30) days after the date upon whi ch the objecting member tendered 3
his or her written demand for payment of his or her stock or other property rights 4
or interest, the fair market value of the[such] stock or other property rights or 5
interests is agreed upon between the member and the surviv ing association, the 6
payment for the stock [therefor] shall be made within sixty (60) days after the date 7
of the[such] agreement, upon surrender of the certificate or other evidence of [such 8
]property rights or interests, whereupon the member shall cease to have any interest 9
in the[such] stock or other property rights or interest in the association. 10
(3) (a) If, during the thirty (30) day period mentioned in subsection (2) of this 11
section[the preceding subsection] , the member and the surviving association 12
or new association do not agree as to the fair market value of the[such] stock 13
or other property rights or interests, the member may, within sixty (60) days 14
thereafter, file a petition in the Circuit Court of the county in which the 15
surviving association or new association has its registered office or principal 16
place of business asking for the appointment of three (3) disinterested 17
appraisers to appraise the fair market value of his or her stock or other 18
property rights or interests. 19
(b) A summons, together with a copy of the petition, shall be served on the 20
surviving association or new association at least twenty (20) days prior to a 21
hearing on the petition by the court. The award of the appraisers, or a majority 22
of them, if no exceptions are[be] filed to the award [thereto] within ten (10) 23
days after it[the award] has been filed in court, shall be confirmed by the 24
court, and when confirmed shall be final and conclusive, and the member, 25
upon depositing with the cour t the proper stock certificates or other evidence 26
of his or her [such] property rights or interests, shall be entitled to judgment 27
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against the association for the appraised value of the rights or 1
interests[thereof] as of the day prior to the date on which the vote was taken. 2
(c) If either party files exceptions to the award of the appraisers within ten (10) 3
days after the award has been filed in court, the case shall be transferred to the 4
civil issue docket of the Circuit Court for trial [ and shall be there tried in the 5
same manner, as near as may be practicable, as is provided for the trial of 6
cases under the eminent domain law of this state], and with [the same ]right of 7
appeal to the Court of Appeals. The court shall assess the cost of the 8
proceedings as it deems equitable. 9
(d) Upon payment of the judgment, the surviving association or new association 10
is entitled to have the member's stock certificates or other evidence of his or 11
her[such] property rights or interests surrendered to it by the clerk of the 12
court. 13
(e) Unless the member files [such ] a petition within the time prescribed [,] in 14
paragraph (a) of this subsection, the member and [he,] his or her assigns and 15
heirs [claiming under him ] shall have no right to payment under this 16
subsection[hereunder], but in that event, this subsection[ nothing herein] shall 17
not impair his or her status as a member. 18
(4) If the notices sent to members in connection with any meeting to vote upon a 19
proposed merger or consolidation make no reference to the provisions of su bsection 20
(1) of this section, a member entitled to , but through lack of actual knowledge did 21
not, avail himself or herself of the provisions of this section, unless he or she voted 22
for the proposal, is entitled, if the member[he so] demands in writing within one (1) 23
year after the date on which the vote was taken on the proposed merger or 24
consolidation, to recover from the surviving association or new association any 25
actual damage which he or she suffered from failure of the association of which he 26
or she was a member to make such reference. 27
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(5) The liability to pay for stock or other property rights or interests or to pay damages 1
imposed by subsection (4) of this section on an association extends to the surviving 2
association or new association. 3
(6) Shares o f stock acquired by an association, a surviving association, or a new 4
association pursuant to the payment of an agreed fair market value of the 5
shares[thereof] or to payment of a judgment entered for the shares [therefor] may 6
be held and disposed of by such association as in the case of other treasury shares. 7
(7) This section does not apply to a merger if on the date of the filing of the articles of 8
merger the surviving association is the owner of all outstanding shares of the other 9
association or associatio ns, domestic or foreign, participating in the merger and if 10
the merger makes no changes in the relative rights of the members of the surviving 11
association. 12
(8) A[No] member of a constituent association to be affected by a merger or 13
consolidation, who objec ts thereto and makes written demand for payment of the 14
fair market value of his or her stock or other property rights or interests in the 15
association[,] as provided in this section, shall not be[is] entitled to payment at any 16
time prior to the time that he or she would otherwise be entitled to payment 17
pursuant to valid provisions of the[such] stock, or valid provisions of the articles of 18
incorporation or bylaws of the association, in effect on the da te of the vote for such 19
merger or consolidation. 20
Section 151. KRS 277.040 is amended to read as follows: 21
Any person operating a mine or a stone quarry may, for the purpose of transporting 22
material between any railroad or navigable stream and the mine or quarry, construct and 23
operate a line of railroad, truck road, overhead conveyor, or pipeline from the mine or 24
quarry to the most convenient and accessible point on the railroad or stream [, and may, 25
under the Eminent Domain Act of Kentucky, condemn the land necessary for track, truck 26
road, or supports for conveyor, or pipeline, not exceeding sixty (60) feet in width for each 27
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track, roadway, conveyor, or pipeline necessarily constructed, and the land for necessary 1
buildings at the railroad or stream, not exceeding two (2) acres]. The owner or operator of 2
the[such] railroad shall be governed by the laws relating to other railroads, so far as 3
applicable, and shall have the same rights and privileges granted to corporations ownin g 4
and operating railroads. 5
Section 152. KRS 277.060 is amended to read as follows: 6
(1) Every railroad company may: 7
(a) Cause [such ]examinations and surveys to be made that[as] are necessary to 8
the selection of the most advantageous route for its proposed railroad, and for 9
that purpose its officers, agents , and servants may enter upon the property of 10
any person, subject to consent of the owner and liability for all damage done 11
by them to the[such] property;[.] 12
(b) Receive, hold, and take possession of any voluntary grants and donations of 13
property made to it to aid in the construction, maintenance , and operation of 14
the road; any real property so received shall be held and used for the purposes 15
of the grant or donation only;[.] 16
(c) Purchase, hold, [take possession of ] and use all franchises and property 17
necessary for the construction, maintenance and accommodation of its line of 18
railroads, but the same shall not be taken or appropriated without the consent 19
of the owner ;[ until the compensation to be made therefor is agreed upon or 20
ascertained, and paid or deposited, as provided by the Eminent Domain Act of 21
Kentucky.] 22
(d) Lay out and construct its road not exceeding one hundred (100) feet in width, 23
unless more than one (1) tr ack is laid, in which case the width may be 24
extended not exceeding fifty (50) feet for each additional track;[.] 25
(e) [Take, in the manner provided by the Eminent Domain Act of Kentucky such 26
lands in the vicinity of or adjacent to its road as are necessary for cuts or 27
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embankments, the procurement of stone, gravel or other materials, or for 1
draining the roadbed. 2
(f) ]Change, when it deems proper, the gauge of its road;[.] 3
(f)[(g)] Change the location or grade of any portion of its road for any 4
reasonable cause, but shall not, except as otherwise provided by law, depart 5
from the general route prescribed in the articles of incorporation; and[.] 6
(g)[(h)] Construct its road upon or across any private road, highway, street, lane 7
or alley, and across any railroad, canal or watercourse. 8
(2) Every railroad company shall restore to its former condition, as near as may be, any 9
private road, highway, street, lane, alley, railroad, canal , or watercourse upon or 10
across which it has constructed its road, and shall maintain each of them[the same] 11
in that condition within the right -of-way of the railroad company. It shall construct 12
suitable road and street crossings for the passage of traffic by putting down planks 13
or other suitable material between and on each side of the rails, the top of which 14
shall be at least as high as the top of the rails. 15
(3) If the railroad is constructed upon any public street or alley, the con struction shall 16
be upon [such ]terms and conditions [as are ]agreed upon between the company and 17
the authorities of the city, and the road shall not be constructed until compensation 18
is made [, either] by agreement with[or in the manner provided by the Emin ent 19
Domain Act of Kentucky, to] the owners of the property adjoining those parts of the 20
street or alley on which the road is to be constructed. 21
(4) Any railroad company may build such spurs, switches, tracks , or branches [as are 22
]necessary to conduct its business or develop business along its line of road, and for 23
that purpose shall have the same powers and be subject to the same restrictions and 24
liabilities as are conferred or imposed upon it for the construction of its main line. 25
Section 153. KRS 278.540 is amended to read as follows: 26
(1) Any telephone company or telegraph company authorized to do business in this 27
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state shall, upon making just compensation, have the right to construct, maintain , 1
and operate its lines through any public lands of this state and on, across and along 2
any public road, and across and under any navigable waters, but not in such a 3
manner as to interfere with travel on the road or to obstruct the navigation of the 4
waters. 5
(2) Any telephone company authorized to do business in this state may, by contract 6
with any person, construct, maintain and operate telephone lines on and across the 7
real property of that person [, and if it cannot obtain the right -of-way by contract it 8
may, except as provided in KRS 416.090, condemn the right -of-way in the manner 9
provided in the Eminent Domain Act of Kentucky]. 10
(3) Any telegraph company authorized to do busin ess in this state that desires to 11
construct, operate, and maintain its lines on or along the right -of-way and structure 12
of any railroad may, through an authorized agent, contract with the railroad 13
company for that right. 14
(4) The parts of this section relat ing to the rights of telephone companies do not apply 15
to any city. 16
Section 154. KRS 279.010 is amended to read as follows: 17
As used in this chapter, unless the context requires otherwise: 18
(1) "Acquire" means to construct, purchase, obtain by lease, devise, or gift, [or by 19
eminent domain, ]or to obtain by any other lawful means; 20
(2) "Board" means the board of directors of a corporation formed under this chapter; 21
(3) "Business entity" means a domestic and foreign limited lia bility company, 22
corporation, general partnership, limited partnership, business or statutory trust, and 23
not-for-profit unincorporated association; 24
(4) "Corporation" means a profit or nonprofit corporation formed under the laws of any 25
state or a foreign country; 26
(5) "Farm Credit Act" means Section 12 of the Federal Farm Credit Act of 1935 , as 27
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amended[ and the amendments thereto]; 1
(6) "Federal agency" means and includes the United States, the President of the United 2
States, and all federal authorities, instru mentalities, and agencies in the ordinary 3
sense; 4
(7) "Improve" means to construct, reconstruct, extend, enlarge, alter, better, or repair; 5
(8) "Member" means and includes each person signing the articles of incorporation of a 6
corporation formed under this chapter, each person later admitted to membership 7
according to law or according to the articles of incorporation or bylaws of the 8
corporation, and each common stockholder in a corporation organized under this 9
chapter that has capital stock; 10
(9) "Name of re cord with the Secretary of State" means any real, fictitious, reserved, 11
registered, or assumed name of a business entity; 12
(10) "Obligations" means and includes negotiable bonds, notes, debentures, interim 13
certificates or receipts , and all other evidences o f indebtedness either issued or the 14
payment thereof assumed by a corporation organized under this chapter; 15
(11) "Real name" has[shall have] the same meaning as[set forth] in KRS 365.015;[ and] 16
(12) "System" means and includes any plant, works, facilities, and properties, and all 17
parts thereof and appurtenances thereto, used or useful in the generation, 18
production, transmission, or distribution of electric energy; and 19
(13) "Telephone service": 20
(a) Includes communications services of all kinds allowed to any other 21
telephone utility, authorized by regulatory agency and with some 22
unregulated, that being the transmission of voice, data, sounds, signals, 23
pictures, writing, or signs of all kinds, by use o f wire, radio, light, 24
electromagnetic impulse, broadband (wideband) spectrum, or any other 25
transmission mode and facility used in rendition of those services; and 26
(b) Does not include message telegram service or radio broadcasting services or 27
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facilities wi thin the meaning of Section 153(O) of the Federal 1
Communications Act of 1934, as amended. 2
Section 155. KRS 279.110 is amended to read as follows: 3
Any corporation created under this chapter may: 4
(1) Acquire and hold any p roperty necessary or incidental to the proper conduct of its 5
business, including preferred stock and common stock or other corporations 6
whether formed under this chapter or not, and the stock of any federal agency, and 7
may pay for the[any such] property in cash, property or on credit, or both, and 8
secure and procure payment of all or any part of the purchase price [thereof ] on 9
[such ]terms and conditions as its board of directors determines; 10
(2) Acquire, own, operate, maintain, and improve one (1) or more systems; 11
(3) Pledge all or part of its revenue or mortgage or encumber all or any part of its 12
property for the purpose of securing the payment of the principal and interest of any 13
of its obligations; 14
(4) [Have and exercise the right of eminent domain in the manner prov ided in the 15
Eminent Domain Act of Kentucky; 16
(5) ]Construct, own, lease, operate, and control any facilities across, along, or under 17
any street or public highway, and over any lands belonging to this state or to any 18
county, city, or political subdivision of this state, but shall restore any such street or 19
highway to its former condition as nearly as possible and shall not use it in such a 20
manner as to impair unnecessarily its usefulness; 21
(5)[(6)] Accept gifts and grants of money or property from this state, any county, city, 22
or political subdivision of this state, any federal agency, or any other person, and 23
accept voluntary and uncompensated services; 24
(6)[(7)] Make any contract necessary or convenient for the full exercise of the powers 25
granted by this chapt er, or for any other corporate purpose, subject to any 26
limitations imposed by this chapter; 27
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(7)[(8)] Sell, lease, or dispose of all or any part of its property, subject to [the 1
provisions of ]KRS 279.140; 2
(8)[(9)] Contract debts, borrow money without limit ation as to the amount of 3
corporate indebtedness or liability, and issue or assume obligations; 4
(9)[(10)] Fix and collect reasonable rates and charges for services, subject to [the 5
provisions of ]KRS Chapter 278; 6
(10)[(11)] Assist its members in wiring the ir premises for the use of electric energy and 7
in purchasing electrical equipment, appliances, and supplies, and in financing 8
those[such] activities; 9
(11)[(12)] (a) Establish affiliates to engage in nonregulated businesses or activities as 10
provided [for ]in KRS 279.020. 11
(b) A cooperative formed under this chapter shall annually report to its member -12
owners the nature of the nonregulated business or activity, its financial status 13
and future expectations, as well as any other information deemed appropriate 14
by its board of directors. The cooperative shall file with the Public Service 15
Commission a balance sheet and income statement for each nonregulated 16
business or activity, if the cooperative has established a separate affiliate to 17
engage in nonregulated business or activity. 18
(c) If the cooperative's nonregulated activities are conducted within the 19
cooperative pursuant to a contract with a federal military installation or a 20
local, state, or federal government as provided [for ] in KRS 279.020, a 21
balance sheet and statement of revenues and expenses for each nonregulated 22
business or activity shall be filed with the Public Service Commission. 23
(d) The information to be filed with the Public Service Commission shall be filed 24
simultaneously with the Public Service Commis sion annual report. The 25
cooperative may request confidentiality for any information it provides as 26
required in this subsection that it deems proprietary or competitive; and 27
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(12)[(13)] Do anything not specifically set forth in this section that is reasonably deemed 1
necessary, proper, or convenient for the accomplishment of the purposes of the 2
corporation and is not prohibited by law. 3
Section 156. KRS 279.310 is amended to read as follows: 4
As used in KRS 279.320 to 279.600, unless the context requires otherwise: 5
(1) ["Cooperative" means any corporation organized under KRS 279.320 to 279.600 or 6
which becomes subject to those sections in the manner provided therein; 7
(2) "Person" means any natural person, firm, association, cor poration, business trust, or 8
partnership; 9
(3) As used in this chapter, the term "telephone service" shall include in its meaning 10
communications services of all kinds allowed to any other telephone utility, 11
authorized by regulatory agency and with some unre gulated, that being the 12
transmission of voice, data, sounds, signals, pictures, writing, or signs of all kinds, 13
by use of wire, radio, light, electromagnetic impulse, broadband (wideband) 14
spectrum, or any other transmission mode and facility used in rendit ion of such 15
services; but shall not include in their meaning message telegram service, or radio 16
broadcasting services or facilities within the meaning of Section 153(O) of the 17
Federal Communications Act of 1934, as amended; 18
(4) ]"Acquire" means to construc t, purchase, obtain by lease, devise, or gift, [or 19
eminent domain, ]or to obtain by any other lawful means; 20
(2)[(5)] "Board" means the board of trustees of a corporation formed under KRS 21
279.320 to 279.600; 22
(3) "Business entity" means a domestic and foreign limited liability company, 23
corporation, general partnership, limited partnership, business or statutory trust, 24
and not-for-profit unincorporated association; 25
(4) "Cooperative" means any corporation organized under KRS 279.320 to 279.600 26
or which becomes subject to those sections in the manner provided therein; 27
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(5) "Corporation" means a profit or nonprofit corporation f ormed under the laws of 1
any state or a foreign country; 2
(6) "Federal agency" means and includes the United States, the President of the United 3
States, and all federal authorities, instrumentalities, and agencies in the ordinary 4
sense; 5
(7) "Improve" means to construct, reconstruct, extend, enlarge, alter, better, or repair; 6
(8) "Member" means and includes each person signing the articles of incorporation of a 7
corporation formed under KRS 279.320 to 279.600, each person later admitted to 8
membership according to law or according to the articles of incorporation or bylaws 9
of the cor poration, and each common stockholder in a corporation, having capital 10
stock, organized under KRS 279.320 to 279.600; 11
(9) "Name of record with the Secretary of State" means any real, fictitious, reserved, 12
registered, or assumed name of a business entity; 13
(10)[(9)] "Obligations" means and includes negotiable bonds, notes, debentures, 14
interim certificates or receipts, and all other evidences of indebtedness either issued 15
or the payment thereof assumed by a corporation organized under KRS 279.320 to 16
279.600; 17
(11) "Real name" has the same meaning as in KRS 365.015; 18
(12) "Rural area" means any area of this state not included within the boundaries of 19
any incorporated or unincorporated city or of a consolidated local government, 20
having a population in excess of fifteen hundred (1,500) inhabitants; 21
(13) "Person" means any natural person, firm, association, corporation, business 22
trust, or partnership; 23
(14)[(10)] "System" means and includes any plant, works, facilities, and properties, and 24
all parts thereof and appurte nances thereto, used or useful in the operation and 25
maintenance of telephone[ communication] service; and 26
[(11) "Rural area" shall be deemed to mean any area of this state not included within the 27
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boundaries of any incorporated or unincorporated city or of a consolidated local 1
government, having a population in excess of fifteen hundred (1,500) inhabitants;] 2
(15)[(12)] "Telephone company" means any natural person, firm, association, 3
corporation, or partnership owning, leasing, or operating any line, facility , or 4
system used in the furnishing of telephone service within this state[; 5
(13) "Business entity" means a domestic and foreign limited liability company, 6
corporation, general partnership, limited partnership, business or statutory trust, and 7
not-for-profit unincorporated association; 8
(14) "Corporation" means a profit or nonprofit corporation formed under the laws of any 9
state or a foreign country; 10
(15) "Name of record with the Secretary of State" means any real, fictitious, reserved, 11
registered, or assumed name of a business entity; and 12
(16) "Real name" shall have the meaning set forth in KRS 365.015]. 13
Section 157. KRS 279.360 is amended to read as follows: 14
Each corporation organized under [the provisions of ]KRS 279.310 to 279.600 shall have 15
power: 16
(1) To furnish, improve, and expand telephone service in rural areas to its members, to 17
governmental agencies and political subdivisions, and to other persons not in excess 18
of ten percent (10%) of the number of its members;[,] provided, however, that:[, ] 19
(a) Without regard to the[said] ten percent (10%) limitation, telephone service 20
may be made available by a cooperative through interconnection of facilities 21
to any number of subscribers of other telephone systems, and through p ay 22
stations to any number of users;[ and provided, further, that ] 23
(b) A cooperative which acquires existing telephone facilities in rural areas may 24
continue service to persons, not in excess of forty percent (40%) of the 25
number of its members, who are alr eady receiving service from those[such] 26
facilities, without requiring those[such] persons to become members, but 27
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those[such] persons may become members upon [such ] terms as may be 1
prescribed in the bylaws; and[ provided, further, that ] 2
(c) A[no] cooperative shall not: 3
1.[(a)] Construct or operate any line, facility , or system in any rural area 4
being furnished telephone service by any telephone company or other 5
cooperative unless the Public Service Commission determines[shall 6
determine], after a hearing on reasonable notice to all interested parties, 7
that any such telephone company or other cooperative is unwilling or 8
unable to furnish reasonably adequate telephone service in such area ;[,] 9
or 10
2.[(b)] Furnish any telephone service in any area proposed to be served by 11
any telephone company, which may be found to be ready, willing , and 12
able to serve, within a[such] period of time [as may, after hearing, be 13
]determined to be reasonable by the Public Service Commission after a 14
hearing; 15
(2) To construct, purchase, lease as lessee, or otherwise acquire, and to improve, 16
expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as 17
lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines, 18
facilities or systems, la nds, buildings, structures, plants and equipment, exchanges, 19
and any other real or personal property, tangible or intangible, which shall be 20
deemed necessary, convenient or appropriate to accomplish the purpose for which 21
the cooperative is organized; provi ded[,] that a[no] cooperative shall not construct, 22
purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand, 23
install, equip, maintain, or operate any telephone lines, facilities or system, lands, 24
buildings, structures, plants and equipment, exchanges, or any other real or personal 25
property, tangible or intangible, within the boundaries of any incorporated or 26
unincorporated city, town, village, or borough within this state having a population 27
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in excess of one thousand five hundred (1,5 00) inhabitants, unless those[said] 1
procedures [or any of them ] are determined by the administrator of the rural 2
electrification administration to be necessary [in order ] to furnish or improve 3
telephone service in rural areas, and unless the[said] determination by the 4
administrator of the rural electrification administration, after proper hearing on 5
reasonable notice to all interested parties, is[be] approved by the Public Service 6
Commission of the Commonwealth of Kentucky. In case of such a determination by 7
the administrator of the rural electrification administration as aforesaid with 8
approval by the Kentucky Public Service Commission, nothing contained in this 9
section or [elsewhere provided in ] KRS 279.310 to 279.600 shall deprive any 10
corporation organized under KRS 279.310 to 279.600 or foreign corporation doing 11
business in this state pursuant to KRS 279.310 to 279.600, of the power to improve, 12
expand, construct, acquire , and operate telephone lines, facilities, or systems 13
without regard to their geographical location; 14
(3) To connect and interconnect its telephone lines, facilities , or systems with other 15
telephone lines, facilities or systems; 16
(4) To make its facilities available to persons furnishing telephone service within or 17
without this state; 18
(5) To purchase, lease as lessee, or otherwise acquire, and to use, and exercise and to 19
sell, assign, convey, mortgage, pledge , or otherwise dispose of or encumber, 20
franchises, rights, privileges, licenses, and easements; 21
(6) To issue membership certificates and nonvoting shares of stock as hereinafter 22
provided; 23
(7) To borrow money and otherwise contract indebtedness, and to issu e or guarantee 24
notes, bonds, and other evidences of indebtedness, and to secure the payment of the 25
debt[thereof] by mortgage, pledge, or deed of trust of, or any other encumbrance 26
upon, any or all of its then-owned[then owned] or after-acquired real or per sonal 27
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property, assets, franchises, or revenues; 1
(8) To construct, maintain , and operate telephone lines along, upon, under , and across 2
publicly owned lands and public thoroughfares, including, without limitation, all 3
roads, highways, streets, alleys, bridges, and causeways; 4
(9) [To exercise the power of eminent domain in the manner provided by the laws of 5
this state for the exercise of such power by other corporations constructing or 6
operating telephone lines, facilities or systems; 7
(10) ]To become a membe r of other cooperatives or corporations or to own stock in 8
them[therein]; 9
(10)[(11)] To conduct its business and exercise its powers within or without this state; 10
(11)[(12)] To adopt, amend, and repeal bylaws; 11
(12)[(13)] To make any and all contracts neces sary, convenient , or appropriate for the 12
full exercise of the powers [herein ]granted in this section; 13
(13)[(14)] To exercise all other powers authorized by KRS Chapter 271B; and 14
(14)[(15)] To do and perform any other lawful acts and things, and to have and exercise 15
any other powers which may be necessary, convenient , or appropriate to 16
accomplish the purpose for which the cooperative is organized. 17
Section 158. KRS 350.152 is amended to read as follows: 18
(1) The Commonwealth, acting by and through its Energy and Environment Cabinet, 19
shall have the power to acquire[, either] by negotiation [or by exercise of the power 20
of eminent domain, ] land which has been aff ected or disturbed by strip or auger 21
mining, or by other surface coal mining operations which consists of orphan banks 22
or unreclaimed spoil piles. 23
(2) Prior to acquiring any land pursuant to KRS 350.152 to 350.163 and KRS 350.240, 24
the Energy and Environmen t Cabinet shall extend to its[the] owners [thereof ] an 25
opportunity to backfill, grade, plant, and do other acts of restoration on the 26
property[thereon] to the same extent and within the same time limits as prescribed 27
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by this chapter and regulations adopted pursuant thereto. If the owner or owners 1
agree in writing to perform the[such] restoration and, weather permitting, start 2
the[such] restoration within a period of thirty (30) days, the land shall not be 3
acquired by the Commonwealth. 4
(3) The Energy and Env ironment Cabinet shall attempt to purchase any land which it 5
has determined should be acquired for the purpose of restoration and which the 6
owners have not agreed to restore as provided in subsection (2) above. [ In any case 7
where the cabinet and the owners of the land are unable to agree upon the amount to 8
be paid for the land, the cabinet may exercise the power of eminent domain against 9
such land by filing a condemnation suit under the procedure of the Eminent Domain 10
Act of Kentucky.] 11
(4) The purchase pric e[,] in the case of a negotiated acquisition [, or the damages as 12
finally determined, in the case of acquisition by condemnation,] and the necessary 13
expenses incidental thereto [,] shall be paid from appropriations made by the 14
General Assembly for those[such] purposes and appropriations to which federal 15
funds made available for those[such] purposes have been credited. 16
Section 159. KRS 350.570 is amended to read as follows: 17
(1) If the cabinet makes a finding of fact pursuant to the Abandoned Mine Lands 18
Program that: 19
(a) Land or water resources have been adversely affected by past coal mining 20
practices; and 21
(b) The adverse effects are at a stage where, in the public interest, action to 22
restore, reclaim, abate, control, or prevent should be taken; and 23
(c) The owners of the land or water resources where entry must be made to 24
restore, reclaim, abate, control, or prevent the adverse effects of past coal 25
mining practices are not known or readily available; or 26
(d) The owners will not give permission for the United States, the 27
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Commonwealth, political subdivisions, or their agents, employees, or 1
contractors to enter upon the[such] property to restore, reclaim, abate, control, 2
or prevent the adverse effects of past coal mining practices; 3
then, upon giving notice by mail to the owners if known, or if not known, by 4
posting notice upon the premises and advertising once in a newspaper of general 5
circulation in the municipality or county in which the land lies, the cabinet and its 6
authorized representatives, agents, and contractors shall have the right to enter upon 7
the property adversely affected by past coal mining practices, and any other 8
property to have access to such property to do all things necessary or expedient to 9
restore, reclaim, a bate, control, or prevent the adverse effects. An[Such] entry 10
under this subsection shall be construed as an exercise of the police power for the 11
protection of public health, safety, and general welfare and shall not be construed as 12
an act of condemnation of property nor of trespass on the property [thereon]. The 13
moneys expended for the[such] work and the benefits accruing to any [such 14
]premises so entered upon shall be chargeable against that[such] land and shall 15
mitigate or offset any claim in or any action brought by any owner of any interest in 16
the[such] premises for any alleged damages by virtue of the[such] entry;[:] 17
provided, however, that this subsection[provision] is not intended to create n ew 18
rights of action or eliminate existing immunities. 19
(2) The cabinet and its authorized representatives, agents, and contractors shall have 20
the right to enter upon any property for the purpose of conducting studies or 21
exploratory work to determine the exi stence of adverse effects of past coal mining 22
practices and to determine the feasibility of restoration, reclamation, abatement, 23
control, or prevention of those[such] adverse effects. An[Such] entry under this 24
subsection shall be construed as an exercise o f the police power for the protection 25
of public health, safety, and general welfare, and shall not be construed as an act of 26
condemnation of property nor trespass on the property[thereon]. 27
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(3) The Commonwealth shall have the power to acquire [,] by purchase , donation, or 1
devise[, or condemnation,] any land [which is ] adversely affected by past coal 2
mining practices if acquisition of that[such] land is necessary for successful 3
reclamation and[ that]: 4
(a) The acquired land, after restoration, reclamation, abat ement, control, or 5
prevention of the adverse effects of past coal mining practices, will serve 6
recreation and historic purposes, conservation and reclamation purposes, or 7
provide open space benefits;[ or] 8
(b) Permanent facilities such as a treatment plant or a relocated stream channel 9
will be constructed on the land for the restoration, reclamation, abatement, 10
control, or prevention of the adverse effects of past coal mining practices; or 11
(c) Acquisition of coal refuse disposal sites and all coal refuse on those 12
sites[thereon] will serve the purposes of this chapter or [that ] public 13
ownership is desirable to meet emergency situations and prevent recurrences 14
of the adverse effects of past coal mining practices. 15
(4) Title to all lands acquired pursuant to this section shall be in the name of the 16
Commonwealth. The price paid for the land acquired under this section shall reflect 17
the market value of the land as adversely affected by past coal mining practices. 18
[The Commonwealth may exercise the power of eminent d omain against such land 19
by filing a condemnation suit under the procedure of the Eminent Domain Act of 20
Kentucky. Provided, that ] When the Commonwealth acquires land adversely 21
affected by past coal mining practices pursuant to the Abandoned Mine Lands 22
Program and when [such ]abandoned mine reclamation fund moneys are less than 23
the purchase price, the Commonwealth shall be authorized to use whatever funds 24
are available pursuant to KRS 350.156(3). 25
(5) The Energy and Environment Cabinet may receive any federal, state, or other funds 26
for the purpose of reclaiming lands affected by past coal mining practices, including 27
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federal funds made available to it pursuant to Title IV of the Surface Mining 1
Control and Reclamation Act of 1977 , Pub. L. No. [ (P.L.] 95-87[)]. Th e cabinet 2
may avail itself of any services which may be provided by other state agencies or 3
the federal government, and may compensate them for those[such] services. 4
(6) The cabinet shall have the power to backfill, grade, revegetate, and perform other 5
acts of restoration and reclamation on lands acquired pursuant to this section. The 6
cabinet may cause the reclamation work to be done by its own employees or by 7
employees of other governmental agencies or soil conservation districts, or through 8
contracts with qualified persons. Those[Such] contracts shall be awarded pursuant 9
to regulations promulgated by the cabinet in accordance with KRS Chapter 13A . 10
The cabinet and any othe r agency and any contractor under a contract with the 11
cabinet shall have the right of access to the land affected to carry out the[such] 12
reclamation. 13
(7) Where land acquired pursuant to this section is deemed to be suitable for industrial, 14
commercial, resi dential, or recreational development, the Commonwealth shall 15
have the power to sell the[such] land by public sale under a system of competitive 16
bidding, at not less than fair market value and under [such ]regulations [as may be 17
]promulgated in accordance w ith KRS Chapter 13A to ensure[insure] that 18
the[such] lands are put to proper use consistent with local and state land use plans, 19
if any. The proceeds of any [such ]sale under this subsection shall be credited to 20
the abandoned mine reclamation fund. The cabinet, when requested after 21
appropriate public notice, shall hold a public hearing, with the appropriate notice, in 22
the county or counties in which lands acquired pursuant to this section are located. 23
The hearings shall be held at a time which shall afford local citizens and 24
governments the maximum opportunity to participate in the decision concerning the 25
use or disposition of the lands after restoration, reclamation, abatement, control, or 26
prevention of the adverse effects of past coal mining practices. 27
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(8) In addition to the authority to acquire and reclaim land for the purposes [set forth 1
]in subsection (3) of this section, the Commonwealth is given authority to use 2
money in the fund to acqu ire land by purchase, donation, or devise[, or 3
condemnation] and to reclaim the[such] land and to transfer it to any political 4
subdivision of the Commonwealth or to any person, firm, association, or 5
corporation, if doing so [such] is an integral and necessa ry element of an 6
economically feasible plan for a project to construct or rehabilitate housing for 7
persons disabled as the result of employment in the mines or work incidental to the 8
mines[thereto], persons displaced by acquisition of land pursuant to this section, 9
persons dislocated as the result of adverse effects of coal mining practices which 10
constitute an emergency as provided in KRS 350.585, or persons dislocated as the 11
result of natural disasters or catastrophic failures from any cause, or any relate d 12
commercial, industrial, agricultural, recreational, or governmental use of facilities. 13
These[Such] activities shall be accomplished under [such ]terms and conditions as 14
the Commonwealth shall require, which may include transfers of land with or 15
without m onetary consideration. [Provided, that ] To the extent that the 16
consideration is below the fair market value of the land transferred, no portion of 17
the difference between the fair market value and the consideration shall accrue as a 18
profit to those[such] persons, firms, associations, or corporations [firm, 19
association, or corporation] . No part of the funds provided under the abandoned 20
mine reclamation fund may be used to pay the actual construction costs of housing. 21
(9) All acquisitions and disposals of land or any interests in land[therein] pursuant to 22
the authority granted by this section shall be governed by the applicable provisions 23
of KRS Chapters 45A and 56. 24
Section 160. KRS 352.110 is amended to read as follows: 25
(1) A[No] licensee, superintendent, mine manager, or mine foreman of any mine 26
opened after June 16, 1972, shall not permit persons to work in the mine [therein] 27
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unless there are to every seam of coal worked in the mine at least two (2) separate 1
outlets, separated by natural strata of not less than one hundred fifty (150) feet in 2
breadth if the mine is worked by shaft or slope, and separated by a pillar of natural 3
strata of not less than two thousand (2,000) square feet if the mine is worked by 4
drift, by which out lets distinct means of ingress and egress are readily available to 5
persons employed in the mine, but it shall not be necessary for the two (2) outlets to 6
belong to the same mine. 7
(2) This subsection shall[does] not apply to the openings of a new entry [that is ]being 8
worked for the purpose of making connection between the two (2) outlets so long as 9
not more than twenty (20) persons are employed at one (1) time in making the 10
connection or driving the second opening, or to any mine in which the second 11
opening has been rendered unavailable by reason of final robbing or removal of 12
pillars so long as not more than twenty (20) persons are employed in the 13
mine[therein] at one (1) time, and the workings are no farther than five hundred 14
(500) feet from the bottom of the shaft or slope or from the drift opening.[ 15
(2) If any mine has but one (1) means of ingress or egress for persons employed 16
therein, and the owner does not own suitable ground for another opening, the owner 17
may select appropriate adjacent ground for th at purpose and have it condemned 18
pursuant to the Eminent Domain Act of Kentucky.] 19
Section 161. KRS 353.400 is amended to read as follows: 20
(1) KRS 353.400 to 353.410 may be cited as the "Natural Gas Acquisition Authority 21
Act." 22
(2) The Kentucky General Assembly hereby recognizes that the availability of reliable 23
and economical supplies of natural gas is vital to the health, welfare, and economic 24
well-being of the citizens and residents of the Commonwealth. In order to promo te 25
the ability of municipal utilities to obtain natural gas on terms that will promote the 26
availability of reliable and economic supplies of energy to consumers, it is the 27
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intent of the General Assembly to authorize the creation of natural gas acquisition 1
authorities to: 2
(a) Acquire supplies of natural gas for the purpose of providing the supply 3
requirements of municipal utilities; 4
(b) Contract for the sale of natural gas to municipal utilities; and 5
(c) Exercise all powers necessary to enable them to accomplish such purposes. 6
(3) KRS 353.400 to 353.410 shall be liberally construed in conformity with this[such] 7
intent, it being hereby determined and declared that the means provided by this 8
chapter are necessary to provide for the continued availability to industrial, 9
commercial, and residential customers served by municipal utilities in the 10
Commonwealth of relia ble supplies of natural gas at economic rates. [ But, KRS 11
353.400 to 353.410 shall not be construed or applied to increase the power of 12
eminent domain of public agencies.] 13
Section 162. KRS 381.020 is amended to read as follows: 14
All land titles in this state are allodial, and, subject to escheat, the entire and absolute 15
property in all land in this state is vested in the owners, according to the nature of their 16
respective estates[; except that the Commonwealth retains the r ight of eminent domain in 17
and to all real estate]. 18
Section 163. KRS 381.830 is amended to read as follows: 19
(1) (a) A unit owner shall have the exclusive ownership to his or her unit and shall 20
have a common right to a sh are, with other co -owners, in the common 21
elements of the property, equivalent to the percentage representing the floor 22
area of the individual unit, with relation to the floor area of the whole 23
property. This percentage shall be computed by taking as a basis the floor area 24
of the individual unit in relation to the floor area of the property as a whole. 25
(b) The[Such] percentage of common interest shall be expressed at the time the 26
condominium property regime is constituted, shall have a permanent 27
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character, and, except as may be otherwise provided in KRS 381.810 to 1
381.910, shall not be altered without the acquiescence of the co -owners 2
representing all the units of the building or buildings[building(s)]. The master 3
deed may, however, contain provisions relating to the appropriation, taking, or 4
condemnation by eminent domain by the federal [, state or local] 5
government[,] or its instrumentalities[an instrumentality thereof], including[,] 6
but not limited to [,] reapportionment or other change of the common interes t 7
appurtenant to each unit, or part [thereof ] remaining after a partial 8
appropriation, taking , or condemnation. The master deed of a regime under 9
construction may further provide that by later amendment to the master 10
deed[thereto] and upon completion of all units, percentage of common interest 11
shall be redistributed on an as -built basis; provided, however, that the number 12
of units originally constituted in the regime may not be increased during 13
construction. 14
(2) Each co -owner may use the general common ele ments in accordance with the 15
purpose for which they are intended, without hindering or encroaching upon the 16
lawful rights of the other co-owners. 17
Section 164. KRS 381.9113 is amended to read as follows: 18
(1) If a unit is acquired by eminent domain by the United States government, or if part 19
of a unit is acquired by federal eminent domain leaving the unit owner with a 20
remnant which may not practically or lawfully be used for any purpose permitted 21
by the declaration, the award shall compensate the unit owner for his or her unit and 22
its interest in the common elements, whether or not any common elements are 23
acquired. Upon acquisition, unless the decree otherwise provides, that unit's 24
allocated interests are automatically reallocated to the remaining units in proportion 25
to the respective allocated interests of those units before the taking, and the 26
association shall promptly prepare, execute, and record an amendment to the 27
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declaration reflecting the reallocations. Any remnant o f a unit remaining after part 1
of a unit is taken under this subsection is thereafter a common element. 2
(2) Except as provided in subsection (1) of this section, if part of a unit is acquired by 3
federal eminent domain, the award shall compensate the unit ow ner for the 4
reduction in value of the unit and its interest in the common elements, whether or 5
not any common elements are acquired. Upon acquisition, unless the decree 6
otherwise provides: 7
(a) The unit's allocated interests are reduced in proportion to the reduction in the 8
size of the unit; and 9
(b) The portion of the allocated interests divested from the partially acquired unit 10
are automatically reallocated to that unit and the remaining units in proportion 11
to the respective allocated interests of those uni ts before the taking, with the 12
partially acquired unit participating in the reallocation on the basis of its 13
reduced allocated interests. 14
(3) If part of the common elements is acquired by federal eminent domain, the portion 15
of the award attributable to the common elements taken shall be paid to the 16
association and, unless the declaration provides otherwise, the award attributable to 17
the acquisition of a limited common element shall be equally divi ded among the 18
owners of the units to which that limited common element was allocated at the time 19
of acquisition. 20
(4) The court decree shall be recorded in every county in which any portion of the 21
condominium is located. 22
Section 165. KRS 381.9115 is amended to read as follows: 23
Unless displaced by a particular provision of KRS 381.9101 to 381.9207, the principles 24
of law and equity, including the law of corporations and unincorporated associations, the 25
law of real property, and the law relative to capacity to contract, principal and agent, 26
[eminent domain, ] estoppel, fraud, misrepresentation, duress, coercion, mistake, 27
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receivership, substantial performance, or other validating or invalidating cause, shall 1
supplement KRS 381.9101 to 381.9207. 2
Section 166. KRS 381.9135 is amended to read as follows: 3
(1) A memorandum of lease shall be recorded with respect to any lease the expiration 4
or termination of which may terminate the condomini um or reduce its size. Every 5
lessor of those leases shall sign the memorandum of lease, and the memorandum of 6
lease shall state: 7
(a) The elements of recording for the lease; 8
(b) The date on which the lease is scheduled to expire; 9
(c) A legally sufficient description of the real estate subject to the lease; 10
(d) Any right of the unit owners to redeem the reversion and the manner whereby 11
those rights may be exercised, or a statement that they do not have those 12
rights; 13
(e) Any right of the unit owners to remove any improvements within a reasonable 14
time after the expiration or termination of the lease, or a statement that they 15
do not have those rights; and 16
(f) Any rights of the unit owners to renew the lease and the conditions of any 17
renewal, or a statement that they do not have those rights. 18
(2) After the declaration for a leasehold condominium is recorded, neither the lessor 19
nor his or her successor in interest may terminate the leasehold interest of a unit 20
owner who makes timely payment of his or her share of t he rent and otherwise 21
complies with all covenants which, if violated, would entitle the lessor to terminate 22
the lease. A unit owner's leasehold interest is not affected by failure of any other 23
person to pay rent or fulfill any other covenant. 24
(3) Acquisition of the leasehold interest of any unit owner by the owner of the 25
reversion or remainder does not merge the leasehold and fee simple interests unless 26
the leasehold interests of all unit owners subject to that reversion or remainder are 27
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acquired. 1
(4) If th e expiration or termination of a lease decreases the number of units in a 2
condominium, the allocated interests shall be reallocated in accordance with KRS 3
381.9113(1), as though those units had been taken by eminent domain by the 4
federal government . Reallo cations shall be confirmed by an amendment to the 5
declaration prepared, executed, and recorded by the association. 6
Section 167. KRS 381.9143 is amended to read as follows: 7
(1) To exercise any development right reserved u nder KRS 381.9133(1)(h), the 8
declarant shall prepare, execute, and record an amendment to the declaration and 9
comply with KRS 381.9141. The declarant is the unit owner of any units thereby 10
created. The amendment to the declaration shall assign an identifyi ng number to 11
each new unit created, and, except in the case of subdivision or conversion of units 12
described in subsection (3) of this section, reallocate the allocated interests among 13
all units. The amendment shall describe any common elements and any limi ted 14
common elements thereby created and, in the case of limited common elements, 15
designate the unit to which each is allocated to the extent required by KRS 16
381.9139. 17
(2) Development rights may be reserved within any real estate added to the 18
condominium if the amendment adding that real estate includes all matters required 19
by KRS 381.9133 or 381.9135, as the case may be, and the plats and plans include 20
all matters required by KRS 381.9141. This subsection[provision] does not extend 21
the time limit on the exe rcise of development rights imposed by the declaration 22
under KRS 381.9133(1)(h). 23
(3) If a declarant exercises a development right to subdivide or convert a unit 24
previously created into additional units, common elements, or both, the declaration 25
shall be amended as follows: 26
(a) If the declarant converts the unit entirely to common elements, the 27
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amendment to the declaration shall reallocate all the allocated interests of that 1
unit among the other units as if that unit had been taken by eminent domain by 2
the United States government; or 3
(b) If the declarant subdivides the unit into two (2) or more units, whether or not 4
any part of the unit is converted into common elements, the amendment to the 5
declaration shall reallocate all the allocated interests of the uni t among the 6
units created by the subdivision in any reasonable manner prescribed by the 7
declarant. 8
(4) If the declaration provides, pursuant to KRS 381.9133(1)(h), that all or a portion of 9
the real estate is subject to the development right of withdrawal, then the following 10
shall apply: 11
(a) If all the real estate is subject to withdrawal, and the declaration does not 12
describe separate portions of real estate subject to that right, none of the real 13
estate may be withdrawn after a unit has been conveyed to a purchaser 14
without the written consent of all unit owners owning units within the real 15
estate; and 16
(b) If a portion or portions are subject to withdrawal, no portion may be 17
withdrawn after a unit in that portion has been conveyed to a purchaser 18
without the written consent of all unit owners owning units within that 19
portion. 20
Section 168. KRS 381.9157 is amended to read as follows: 21
(1) Except in the case of a taking of all the units by eminent domain by the United 22
States government, a condominium may be terminated only by agreement of unit 23
owners of units to which at least eighty percent (80%) of the votes in the 24
association are allocated, or any larger percentage the declaration specifies. The 25
declaration may specify a small er percentage only if all of the units in the 26
condominium are restricted exclusively to nonresidential uses. 27
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(2) An agreement to terminate a condominium shall be evidenced by the execution of a 1
termination agreement, or ratification of a termination agreem ent[thereof], in the 2
same manner as a deed, by the requisite number of unit owners. The termination 3
agreement shall specify a date after which the agreement will be void unless it is 4
recorded before that date. A termination agreement and all ratifications of an 5
agreement[thereof] shall be recorded in every county in which a portion of the 6
condominium is situated, and is effective only upon recordation. 7
(3) In the case of a condominium containing only units having horizontal boundaries 8
described in the declaration, a termination agreement may provide that all the 9
common elements and units of the condominium shall be sold following 10
termination. If, pursuant to the agreement, any real estate in the condominium is to 11
be sold following termination, the termination agreement shall set forth the 12
minimum terms of the sale. 13
(4) In the case of a condominium containing any units not having horizontal boundaries 14
described in the declaration, a termination agreement may provide for sale of the 15
common elements, but shall not require that the units be sold following termination, 16
unless the declaration as originally recorded provided otherwise or unless all the 17
unit owners consent to the sale. 18
(5) The association, on behalf of the unit owners, may contract for the sale of real 19
estate in the condominium, but the contract is not binding on the unit owners until 20
approved pursuant to subsections (1) and (2) of this section. If any real estate in the 21
condominium is to be sold following termination, title to that real estate, upon 22
termination, vests in the association as trustee for the holders of all interests in the 23
units. Thereafter, the association has all powers necessary and ap propriate to effect 24
the sale. Until the sale has been concluded and the proceeds thereof distributed, the 25
association continues in existence with all powers it had before termination. 26
Proceeds of the sale shall be distributed to unit owners and lienholders as their 27
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interests may appear, in proportion to the respective interests of unit owners as 1
provided in subsection (8) of this section. Unless otherwise specified in the 2
termination agreement, as long as the association holds title to the real estate, each 3
unit owner and his or her successors in interest have an exclusive right to 4
occupancy of the portion of the real estate that formerly constituted his or her unit. 5
During the period of that occupancy, each unit owner and his or her successors in 6
interest r emain liable for all assessments and other obligations imposed on unit 7
owners by KRS 381.9101 to 381.9207 or the declaration. 8
(6) If the real estate constituting the condominium is not to be sold following 9
termination, title to the common elements and, in a condominium containing only 10
units having horizontal boundaries described in the declaration, title to all the real 11
estate in the condominium, vests in the unit owners upon termination as tenants in 12
common in proportion to their respective interests as pr ovided in subsection (8) of 13
this section, and liens on the units shift accordingly. While the tenancy in common 14
exists, each unit owner and his or her successors in interest have an exclusive right 15
to occupancy of the portion of the real estate that former ly constituted his or her 16
unit. 17
(7) Following termination of the condominium, the proceeds of any sale of real estate, 18
together with the assets of the association, are held by the association as trustee for 19
unit owners and holders of liens on the units as their interests may appear. 20
Following termination, creditors of the association holding liens on the units, which 21
were recorded before termination, may enforce those liens in the same manner as 22
any lienholder. All other creditors of the association are to be treated as if they had 23
perfected liens on the units immediately before termination. 24
(8) The respective interests of unit owners referred to in subsections (5), (6), and (7) of 25
this section are as follows: 26
(a) Except as provided in paragraph (b) of this subsection, the respective interests 27
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of unit owners are the fair market values of their units, limited common 1
elements, and common element interests immediately before the termination, 2
as determined by one (1) or more independent appraisers selected by the 3
association. The decision of the independent appraisers shall be distributed to 4
the unit owners and becomes final unless disapproved within thirty (30) days 5
after distribution by unit owners of units to which twenty -five percent (25%) 6
of the votes in the association are allocated. The proportion of any unit 7
owner's interest to that of all unit owners is determined by dividing the fair 8
market value of that unit owner's unit and common element interest by the 9
total fair market values of all the units and common elements; and 10
(b) If any unit or any limited common element is destroyed to the extent that an 11
appraisal of the fair market value of the unit or element [thereof] before 12
destruction cannot be made, the interests of all unit owners are their respective 13
common element interests immediately before the termination. 14
(9) Except as provided in subsection (10) of this section, foreclosure or enforcement of 15
a lien or encumbrance against the entire condominium does not of itself terminate 16
the condominium, and foreclosure or enforcement of a lien or encumbrance against 17
a portion of the condominium, other than withdrawable real estate, does not 18
withdraw that portion from the condominium. Foreclosure or enforcement of a lien 19
or encumbrance against withdrawable real es tate does not of itself withdraw that 20
real estate from the condominium, but the person taking title thereto has the right to 21
require from the association, upon request, an amendment excluding the real estate 22
from the condominium. 23
(10) If a lien or encumbra nce against a portion of the real estate comprising the 24
condominium has priority over the declaration, the parties foreclosing the lien or 25
encumbrance may, upon foreclosure, record an instrument excluding the real estate 26
subject to that lien or encumbrance from the condominium. [The provisions of 27
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]This subsection shall not apply to any common elements constituting a portion of 1
the real estate to the extent the common elements as described in and subject to the 2
declaration have been developed. 3
Section 169. KRS 382.850 is amended to read as follows: 4
(1) A conservation easement shall not be transferred by owners of property in which 5
there are outstanding subsurface rights without the prior written consent of the 6
owners of the subsurface rights. 7
(2) A conservation easement shall not operate to limit, preclude, delete or require 8
waivers for the conduct of coal mining operations, including the transportation of 9
coal, upon any part or all of adjacent or surrounding properties [; an d shall not 10
operate to impair or restrict any right or power of eminent domain created by 11
statute, and all such rights and powers shall be exercisable as if the conservation 12
easement did not exist]. 13
Section 170. KRS 453.260 is amended to read as follows: 14
(1) In addition to any costs [which are ] awarded as prescribed by statute, a court shall 15
award costs to any party which prevails by a final adjudication on the merits in any 16
of the following: 17
(a) A civil action brought by the Commonwealth against the party; and 18
(b) A civil action brought by the party against the Commonwealth to challenge 19
the assessment or collection of taxes. 20
(2) The court in its discretion may deny the award provided for in this section, or may 21
reduce the award, if it finds that: 22
(a) During the course of the proceeding the prevailing party unduly and 23
unreasonably protracted the final resolution of the matter; 24
(b) The reason that the party other than the Commonwealth has prevailed is an 25
intervening change in the applicable statutes, regulations, or case law; 26
(c) The prevailing party refused an offer of civil settlement which was at least as 27
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favorable to the party as the relief ultimately granted; or 1
(d) The position of the Commonwealth was substantially just ified or a special 2
circumstance would make an award unjust ; provided, however, that the 3
burden of proof of substantial justification or special circumstance shall rest 4
with the Commonwealth. 5
(3) A party may apply pursuant to the applicable Rules of Civil P rocedure for an award 6
of attorney fees and other expenses authorized under this section and shall include 7
as part of the application evidence of the party's eligibility for the award and the 8
amount sought, including an itemized and attested statement from the attorneys and 9
experts stating the actual time expended in representing the party and the rate at 10
which the fees were computed. The party shall also allege in the[such] application 11
that the Commonwealth acted without substantial justification. 12
(4) The court shall base any award of fees as provided in this section on prevailing 13
market rates for the kind and quality of services furnished, except that: 14
(a) An expert is not eligible for compensation at a rate in excess of the prevailing 15
rate of compensation for similar experts paid by the Commonwealth; 16
(b) The award of attorney fees shall[may] not exceed the amount which the 17
prevailing party has paid or has agreed to pay the attorney or a maximum 18
amount of forty dollars ($40) per hour unless the court determines that an 19
increase in the cost of living or a special factor, such as the limited availability 20
of qualified attorneys for the proceeding involved, justifies a higher fee; 21
(c) An[No] award shall not be greater than ten thousand dollars ($10,000) to each 22
party, except that an[no] award shall not be made to any party who 23
voluntarily intervenes in any such action. 24
(5) This section does not: 25
(a) Apply to an action arising from a proceeding before the Commonwealth in 26
which the role of the Commonwealth was to determine the eligibility or 27
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entitlement of an individual to a monetary benefit or its equivalent, or to 1
adjudicate a dispute or issue between private parties or to establish or fix a 2
rate. As used in this subsection, monetary benefit or its equivalent shall not 3
include a license, permit, charter, or similar instrument that the 4
Commonwealth may require to engage in a business, profession, or sim ilar 5
activity; 6
(b) Apply to proceedings brought by the Commonwealth pursuant to KRS 7
Chapters 218A, 431 to 439, and 500 to 534; 8
(c) Apply to proceedings involving [eminent domain, ] foreclosure, collection of 9
judgment debts, or proceedings in which the Commo nwealth is a nominal 10
party; 11
(d) Personally obligate any officer or employee of the Commonwealth for the 12
payment of an award entered under this section; and 13
(e) Apply to proceedings brought pursuant to KRS Chapters 209, 342, and 625. 14
Section 171. KRS 99.650 is amended to read as follows: 15
(1) Each agency created under the terms of KRS 99.610 to 99.680 shall constitute a 16
public body corporate and politic, exercising public and essential governmental 17
functions, and shall have all of the powers necessary and convenient to carry out 18
and effectuate the purposes and provisions of KRS 99.610 to 99.680 including but 19
without limiting the generality of the foregoing, the following powers in addition to 20
other powers granted herein and by other statutory authority: 21
(a) To sue and be sued; to have a seal; to make and execute contracts and other 22
instruments necessary or convenient to the exercise of its powers; 23
(b) To make, and from time to time amend and repeal bylaws, rules, and 24
regulations not inconsistent with KRS 99.610 to 99.680, to carry into effect 25
the powers and purposes thereof, subject to approval, amendment, or 26
modification by the governing board; 27
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(c) To select and appoint such officers, agents, counsel, and employees, 1
permanent and temporary, as it may require, and determine their 2
qualifications, duties, and compensation, subject, however, to the provisions 3
of its budget; 4
(d) Within the jurisdiction of the city in which it is established, and for the 5
purpose of developing a project area or areas, to purchase, lease, obtain option 6
upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal 7
property or any interest therein, together with any improvements thereon; to 8
clear any and all buildings, structures, or other improvements from any real 9
property so acquired; to renovate or rehabilitate any improvements to such 10
real property so acquired and to dispose of any personal property resulting 11
therefrom; to develop and construct residential housing for persons and 12
families of lower income; to sell, lease, exchange, subdivide, transfer, assign, 13
pledge, encumber by mortgage, deed of trust or otherwise, or otherwise to 14
dispose of any real or personal property or any interest therein at its fair value 15
for uses in accord ance with the development plan, irrespective of the cost of 16
acquiring and preparing said property; to insure or provide for the insurance 17
of any real or personal property or operation of the agency against risks or 18
hazards; and pursuant to the provisions o f KRS 99.610 to 99.680, to rent, 19
maintain, manage, operate, and repair such real property and any 20
improvements thereto; 21
(e) Within the jurisdiction of the city in which it is established, and for the 22
purpose of developing a project area or areas: to make o r participate in the 23
making of construction, land development, mortgage, and rehabilitation loans 24
and to purchase or participate in the purchase of construction, land 25
development, mortgage, and rehabilitation loans for residential housing 26
projects, provide d, however, that such loans shall be made only upon the 27
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determination by the agency that such loans are not otherwise available, 1
wholly or in part, from private lender upon reasonably equivalent terms and 2
conditions; to insure or reinsure construction, lan d development, mortgage, 3
and rehabilitation loans on residential housing projects provided, however, 4
that any such insurance or reinsurance shall be made only upon the 5
determination by the agency that such insurance or reinsurance is not 6
otherwise availabl e wholly or in part from private insurers upon reasonably 7
equivalent terms and conditions; to make grants from appropriated funds, and 8
any other funds from any source available to the agency, to builders, 9
developers, and owners of residential housing for t he development, 10
construction, rehabilitation, or maintenance of residential housing and such 11
facilities related thereto as the agency shall deem important for a proper living 12
environment, all on such terms and conditions as may be deemed appropriate 13
by the agency; to sell, at public or private sale, all or any part of any mortgage 14
or other instrument or document securing a construction land development, or 15
rehabilitation loan for residential housing projects of any type, appropriate to 16
the purpose of the ag ency; to consent, whenever it deems it necessary or 17
desirable in the fulfillment of its corporate purposes, to the modification of the 18
rate of interest, time of payment of any installment of principal or interest, or 19
any other terms, of any mortgage loan, mortgage loan commitment, 20
construction or land development loan, rehabilitation loan, contract, or 21
agreement of any kind relating to residential housing projects to which the 22
agency is a party; 23
(f) Within a project area, to cause streets and highways to be laid out and graded, 24
and pavements or other road surfacing, sidewalks, curbs, gutters, storm 25
sewers, and public utilities of every kind to be improved, constructed, and 26
installed and to close any streets according to the development plan; 27
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(g) To invest an y funds held in reserves or sinking funds or any funds not 1
required for immediate disbursement, in property or securities in which banks 2
or insurance companies may legally invest funds subject to their control; to 3
purchase its bonds at a price not more tha n the principal amount thereof and 4
accrued interest, all bonds so purchased to be canceled; 5
(h) To obligate lessees or purchasers of land acquired in a project: (1) to use such 6
land for the purpose designated in the development plan; (2) to begin the 7
building of specified improvements or renovation of existing improvement 8
within a period of time which the agency fixes as reasonable; and (3) to 9
comply with such other conditions as in the opinion of the agency are 10
necessary to carry out the purposes of KRS 99 .610 to 99.680; the agency, by 11
provision in the contract, deed, or lease may make any of the purchaser's 12
obligations, covenants or conditions running with the land, whose breach shall 13
cause the fee to revert to the agency; 14
(i) To contract as, and to accept the obligations of, an owner of benefited 15
property under the terms of KRS 107.010 to 107.220, inclusive; 16
(j) To exercise all powers granted to governmental agencies under proposed 17
legislation which deals with the use of "tax increment" revenues and financing 18
of public purpose projects through the use thereof; 19
(k) To exercise all powers granted to governmental agencies by KRS 58.010 to 20
58.130[58.140], inclusive; 21
(l) To make periodic grants to reduce principal and interest payments on 22
mortgages or rentals payable by persons and families of low income; 23
(m) To rehabilitate, acquire, establish, and operate, lease, and sublease, residential 24
housing for persons and families of lower income and to enter into agreements 25
or other transactions with any federal, state, or local government agency for 26
the purpose of providing adequate living quarters for such persons and 27
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families and to contract to assume the rights, powers, duties, and obligations 1
of any local housing authority or similar agency of the federal, state, ci ty, or 2
urban-county governments; 3
(n) To borrow from and to accept loans and grants from the federal, state, city, or 4
urban-county governments or any agency thereof, or from any sources, public 5
or private, for the purposes of KRS 99.610 to 99.680, and to pl edge such 6
security as may be required, an agency, notwithstanding the provisions of any 7
other law, may include in any contract for financial assistance with the 8
federal, state, city, or urban -county government any conditions which the 9
federal, state, city, or urban-county government may attach to its financial aid 10
not inconsistent with the purposes of KRS 99.610 to 99.680; and 11
(o) To exercise all or any part or combination of the powers herein granted. 12
(2) Nothing contained in this section shall authorize such agency to construct any of the 13
buildings for residential, commercial, industrial, or other use contemplated by the 14
development plan, except as to the development and construction of residential 15
housing for persons and families of lower income and excep t insofar as any 16
industrial building may be authorized to be constructed by a lessee, on behalf of the 17
agency, under the provisions of KRS 103.200 to 103.285, inclusive. 18
Section 172. The following KRS sections are repealed: 19
39A.110 Compensation for property taken for temporary use -- Notice to owner of 20
property where title taken. 21
39A.120 Procedure when owner refuses to accept compensation fixed by Governor. 22
39A.130 Appeal from award of Board of Claims. 23
39A.140 Procedure for payment of compensation. 24
58.140 Condemnation. 25
65.460 Local legislative bodies denied power of eminent domain. 26
67.085 Condemnation for county purposes. 27
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74.090 Condemnation. 1
80.150 Condemnation authorized -- Procedure. 2
80.540 Power of condemnation -- Procedure. 3
82.180 Power of eminent domain. 4
96.080 Water company may condemn land and material. 5
96.178 Eminent domain. 6
96.547 Condemnation and eminent domain. 7
96.580 Proceedings to agree upon sale price of existing plant required before 8
condemnation or construction of competing plant. 9
96.590 Power of condemnation. 10
96.600 Procedure for condemnation -- Report of commissions -- Jury award -- 11
Procedure when condemnor not a utility. 12
97.257 Power of condemnation for park purposes. 13
97.540 Condemnation of property by city for parks or cemeteries. 14
99.220 Certificate of approval of condemnation. 15
99.230 Method of condemnation -- Conveyance of property to corporation. 16
99.240 Kinds of evidence admissible on question of value of condemned property -- 17
Expedition of proceedings -- Condemnation of property devoted to public use. 18
99.700 Legislative findings and policy. 19
99.705 Definitions for KRS 99.700 to 99.730. 20
99.710 Ordinance adopting provisions of state statutes on blighted or deteriorated areas 21
-- Vacant property review commission. 22
99.715 Acquisition and disposal of blighted property by local government. 23
99.720 Certification of blight deterioration -- Notice to owner demanding abatement. 24
99.725 Eminent domain proceedings by local government. 25
99.730 Acquisition by certain employees prohibited -- Disclosure of previous interest 26
required -- Payment under eminent domain proceedings. 27
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103.2451 Eminent domain power not conferred. 1
106.220 Power of eminent domain. 2
106.230 Procedure for condemnation. 3
107.390 Condemnation powers of board. 4
109.160 Condemnation of property. 5
148.121 Condemnation of land designated by United States for parks -- Procedure. 6
154.27-100 Construction of carbon dioxide transmission pipeline -- Proceedings for 7
condemnation under Eminent Domain Act -- Legislative determination of essential 8
public use. 9
154.50-323 Limitations on condemnation powers. 10
162.030 Condemnation of property for school purposes. 11
177.082 County attorney to represent Department of Highways in condemnation 12
proceedings -- Petition. 13
178.110 Condemnation of right-of-way -- Temporary roads. 14
178.120 Condemnation of land by fiscal court. 15
178.125 Condemnation of additional land adjacent to existing road -- Procedure. 16
180.030 Condemnation proceedings. 17
180.270 Condemnation of competing ferries. 18
181.620 Condemnation of property. 19
196.140 Condemnation by department. 20
201.070 Condemnation of property. 21
212.590 Power of condemnation. 22
220.310 Condemnation. 23
224.73-100 Sewage treatment company may condemn rights -of-way -- Approval 24
required -- Objections. 25
267.280 Condemnation of land not affected by drainage. 26
268.515 Power of condemnation. 27
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277.050 Corporation constructing or operating union station may condemn land. 1
278.502 Condemnation for pipelines and related facilities, including rights of ingress 2
and egress. 3
280.210 Condemnation of land for ferry purposes. 4
280.230 Grant of unclaimed or abandoned ferry privilege to another. 5
381.635 Right of condemnation of underground passageway to mine. 6
381.636 Findings required by commissioners in condemnation of undergro und 7
passageway -- Basis of compensation -- Immediate possession. 8
381.660 Condemnation for underground water pipes. 9
416.010 Institution of condemnation action by railroad. 10
416.100 Condemnation by county judge/executive for road purposes. 11
416.110 Condemnation by fiscal court for road purposes. 12
416.130 Dam and electric companies may make surveys and condemn property. 13
416.150 Condemnation by telephone companies. 14
416.210 Right of burial association or cor poration to condemn land for cemetery -- 15
Governmental approval needed -- Procedure. 16
416.220 Owner of real estate providing public sleeping accommodations and meals -- 17
Condemnation for water supply -- Furnishing of water to owner of property 18
condemned. 19
416.230 Condemnation for oil or gas pipelines and related facilities -- Petition. 20
416.330 Limitation on right of ingress and egress for pipeline. 21
416.340 Water associations may condemn property. 22
416.350 Right of condemnation by owner to gain ingress or egress to public road. 23
416.360 Acquisition of real property necessary to locate or relocate public utility 24
facilities by public agency with power of eminent domain for public improvement 25
projects. 26
416.540 Definitions for KRS 416.540 to 416.670. 27
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416.550 Right to condemn. 1
416.570 Filing of petition. 2
416.580 Commissioners -- Appointment -- Report -- Compensation -- Vacancy -- 3
Majority required -- Eminent domain proceedings. 4
416.590 Issuing summons. 5
416.600 Filing answer. 6
416.610 Trial by court on pleadings -- Interlocutory judgment. 7
416.620 Trial of exceptions to interlocutory judgment -- Questions as to compensation 8
to be tried by jury -- Appeals. 9
416.630 Money paid into court. 10
416.640 Conflicting claimants to condemned land. 11
416.650 Proceedings governed by Rules of Civil Procedure. 12
416.660 Standards for determining compensation -- Changes in value -- Taking date. 13
416.670 Limitations on condemnation powers -- Rights of current landowner. 14
416.675 Public use required -- No condemnation for indirect benefit -- Exemption. 15
416.680 Short title. 16