Kentucky Statutes 136.658 – Local Distribution Fund Oversight Committee — Creation and duties
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(1) The Local Distribution Fund Oversight Committee is hereby created and administratively attached to and staffed by the department. The oversight committee shall consist of nine (9) members appointed by the Governor and shall be representative of local government and state government officials. The Governor shall receive recommendations for four (4) members each from the Kentucky Association of Counties and the Kentucky League of Cities from which the Governor shall select two (2) members each. The Governor shall receive recommendations for two (2) members each from the Kentucky School Board Association, the Kentucky Superintendents Association, and the Kentucky School Administrators Association from which the Governor shall select one (1) member each. One (1) member shall be appointed by the Governor to represent the interests of special districts other than school districts. The remaining member shall be the commissioner of the Department for Local Government, who shall serve as chairperson of the oversight committee. The members shall serve for a term of three (3) years. Five (5) members of the oversight committee shall constitute a quorum. A member may be removed for cause in accordance with procedures established by the oversight committee and shall serve without salary but shall be reimbursed for expenses in the same manner as state employees. Any vacancy occurring on the oversight committee shall be filled by the Governor for the unexpired term.
(2) The duties of the oversight committee shall be:
(a) To monitor the department’s implementation and distribution of funds from the gross revenues and excise tax fund and the state baseline and local growth fund and to report its findings to the commissioner of the department; and
(b) To act as a finder of fact for the commissioner of the department in disputes in and between political subdivisions, school districts, special districts, and sheriff departments, and between political subdivisions, school districts, special districts, and sheriff departments, and the department regarding the implementation and distribution of funds from the gross revenues and excise tax fund and the state baseline and local growth fund.
(3) The department shall provide the oversight committee with an annual report reflecting the amounts distributed to each participating political subdivision, school district, special district, or sheriff department.
(4) Any political subdivision, school district, special district, or sheriff department may file a complaint and request a hearing with the oversight committee on a form prescribed by the committee. The oversight committee shall give notice to any political subdivision, school district, special district, or sheriff department that may be affected by the complaint. Any political subdivision, school district, special district, or sheriff department intending to respond to the complaint shall do so in writing within thirty (30) days of notice of the complaint.
(5) In conducting its business:
(a) The oversight committee shall give due notice of the times and places of its hearings;
(b) The parties shall be entitled to be heard, to present evidence, and to examine and cross-examine witnesses;
(c) The oversight committee shall act by majority vote;
(d) The oversight committee shall adopt and publish rules of procedure and practice regarding its hearings; and
(e) The oversight committee shall make written findings and recommendations to the commissioner of the department.
(6) The commissioner of the department shall review the findings and recommendations of the oversight committee and issue a final ruling within sixty (60) days of receipt of the recommendations.
(7) The parties in the dispute shall have the rights and duties to appeal any final ruling to the Board of Tax Appeals under KRS § 49.220.
(8) Nothing contained in this section shall prevent at any time a written compromise of any matter or matters in dispute, if otherwise lawful, by the parties to the hearing process.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 71, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 79, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 117, sec. 71, effective July 15, 2010. — Amended 2007 Ky. Acts ch. 47, sec. 65, effective June 26, 2007. — Created 2005 Ky. Acts ch. 168, sec. 117, effective January
1, 2006.
(2) The duties of the oversight committee shall be:
Terms Used In Kentucky Statutes 136.658
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oversight: Committee review of the activities of a Federal agency or program.
- Quorum: The number of legislators that must be present to do business.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) To monitor the department’s implementation and distribution of funds from the gross revenues and excise tax fund and the state baseline and local growth fund and to report its findings to the commissioner of the department; and
(b) To act as a finder of fact for the commissioner of the department in disputes in and between political subdivisions, school districts, special districts, and sheriff departments, and between political subdivisions, school districts, special districts, and sheriff departments, and the department regarding the implementation and distribution of funds from the gross revenues and excise tax fund and the state baseline and local growth fund.
(3) The department shall provide the oversight committee with an annual report reflecting the amounts distributed to each participating political subdivision, school district, special district, or sheriff department.
(4) Any political subdivision, school district, special district, or sheriff department may file a complaint and request a hearing with the oversight committee on a form prescribed by the committee. The oversight committee shall give notice to any political subdivision, school district, special district, or sheriff department that may be affected by the complaint. Any political subdivision, school district, special district, or sheriff department intending to respond to the complaint shall do so in writing within thirty (30) days of notice of the complaint.
(5) In conducting its business:
(a) The oversight committee shall give due notice of the times and places of its hearings;
(b) The parties shall be entitled to be heard, to present evidence, and to examine and cross-examine witnesses;
(c) The oversight committee shall act by majority vote;
(d) The oversight committee shall adopt and publish rules of procedure and practice regarding its hearings; and
(e) The oversight committee shall make written findings and recommendations to the commissioner of the department.
(6) The commissioner of the department shall review the findings and recommendations of the oversight committee and issue a final ruling within sixty (60) days of receipt of the recommendations.
(7) The parties in the dispute shall have the rights and duties to appeal any final ruling to the Board of Tax Appeals under KRS § 49.220.
(8) Nothing contained in this section shall prevent at any time a written compromise of any matter or matters in dispute, if otherwise lawful, by the parties to the hearing process.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 71, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 79, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 117, sec. 71, effective July 15, 2010. — Amended 2007 Ky. Acts ch. 47, sec. 65, effective June 26, 2007. — Created 2005 Ky. Acts ch. 168, sec. 117, effective January
1, 2006.