Kentucky Statutes 262.660 – Rules and regulations or methods of accounting — Administrative regulations
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(1) The commission, with the approval of the commissioner of the Department for Natural Resources, is hereby authorized to promulgate such other rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in KRS § 262.610 to KRS § 262.650.
(2) On or before January 1, 2024, the commission, with the approval of the commissioner of the Department for Natural Resources, shall promulgate administrative regulations pursuant to KRS Chapter 13A that shall at a minimum set forth:
(a) The form and manner in which a person and a district may jointly request the acquisition of heavy or specialized equipment pursuant to KRS § 262.610(1)(c), including but not limited to any financial or other disclosures the commission may require;
(b) The terms, conditions, and repayment of loans for heavy or specialized equipment that the commission makes available to districts for rent or lease to persons within those districts;
(c) The terms and conditions for rental or lease agreements between districts and persons for the use of acquired heavy or specialized equipment, including but not limited to permissible uses of the equipment, care and maintenance of the equipment, liability assumptions for property damage or bodily injury caused by the equipment, insurance requirements, availability of the equipment for use by others in the district, and the keeping of public records regarding the use of the equipment. Notwithstanding any provision of this chapter or KRS Chapter 42 or 45A to the contrary, lease agreements shall allow lessees to use acquired heavy or specialized equipment outside of their own lands, and with prior approval of the board for the leasing district, on lands outside of their districts; and
(d) The proportion of time that lessees or renters shall use the acquired heavy or specialized equipment on their own lands and the proportion of time that the heavy or specialized equipment shall be used on the lands of others.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 10, sec. 5, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 239, sec. 7, effective April 26, 2022. — Amended 1966 Ky. Acts ch. 23, sec. 68. — Created 1948 Ky. Acts ch. 79, sec. 1.
Legislative Research Commission Note (4/26/2022). The language in this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 (2022 Ky. Acts ch. 239, sec. 7).
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.
(2) On or before January 1, 2024, the commission, with the approval of the commissioner of the Department for Natural Resources, shall promulgate administrative regulations pursuant to KRS Chapter 13A that shall at a minimum set forth:
Terms Used In Kentucky Statutes 262.660
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Statute: A law passed by a legislature.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(a) The form and manner in which a person and a district may jointly request the acquisition of heavy or specialized equipment pursuant to KRS § 262.610(1)(c), including but not limited to any financial or other disclosures the commission may require;
(b) The terms, conditions, and repayment of loans for heavy or specialized equipment that the commission makes available to districts for rent or lease to persons within those districts;
(c) The terms and conditions for rental or lease agreements between districts and persons for the use of acquired heavy or specialized equipment, including but not limited to permissible uses of the equipment, care and maintenance of the equipment, liability assumptions for property damage or bodily injury caused by the equipment, insurance requirements, availability of the equipment for use by others in the district, and the keeping of public records regarding the use of the equipment. Notwithstanding any provision of this chapter or KRS Chapter 42 or 45A to the contrary, lease agreements shall allow lessees to use acquired heavy or specialized equipment outside of their own lands, and with prior approval of the board for the leasing district, on lands outside of their districts; and
(d) The proportion of time that lessees or renters shall use the acquired heavy or specialized equipment on their own lands and the proportion of time that the heavy or specialized equipment shall be used on the lands of others.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 10, sec. 5, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 239, sec. 7, effective April 26, 2022. — Amended 1966 Ky. Acts ch. 23, sec. 68. — Created 1948 Ky. Acts ch. 79, sec. 1.
Legislative Research Commission Note (4/26/2022). The language in this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 (2022 Ky. Acts ch. 239, sec. 7).
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.