Kentucky Statutes 278.130 – Assessments against utilities — Applications for adjustment
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(1) For the purpose of maintaining the commission, including the payment of salaries and all other expenses, and the cost of regulation of the utilities subject to its jurisdiction, the Department of Revenue shall each year assess the utilities in proportion to their earnings or receipts derived from intrastate business in Kentucky for the preceding calendar year as modified by KRS § 278.150, and shall notify each utility on or before July 1 of the amount assessed against it. The total amount so assessed shall not in any year exceed two (2) mills on intrastate receipts as so modified, which shall be deposited into the State Treasury to the credit of the general fund. The sum by each utility shall not be less than fifty dollars ($50) in any one (1) year.
(2) The assessments provided for in this section shall be in lieu of all other fees or assessments levied by any city or other political subdivision for the control or regulation of utilities.
(3) The commission, upon application by a utility, shall authorize the utility to adjust its rates to recover, within not more than one (1) year, any change in the annual assessment and any costs imposed by commission order for the fees and expenses of consultants. The application, and any hearing or other proceedings thereon, shall be limited to the amount of such adjustment.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 671, effective June 20, 2005. — Amended
1988 Ky. Acts ch. 229, sec. 1, effective July 15, 1988. — Amended 1982 Ky. Acts ch.
82, sec. 17, effective July 15, 1982; and ch. 197, sec. 2, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 379, sec. 19, effective April 1, 1979. — Amended 1976
Ky. Acts ch. 88, sec. 10, effective March 29, 1976. — Amended 1972 Ky. Acts ch.
47, sec. 4. — Amended 1964 Ky. Acts ch. 195, sec. 3. — Amended 1960 Ky. Acts ch.
206, sec. 1. — Amended 1952 Ky. Acts ch. 46, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-53, 3952-54,
3952-55, 3952-60.
(2) The assessments provided for in this section shall be in lieu of all other fees or assessments levied by any city or other political subdivision for the control or regulation of utilities.
Terms Used In Kentucky Statutes 278.130
- City: includes town. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The commission, upon application by a utility, shall authorize the utility to adjust its rates to recover, within not more than one (1) year, any change in the annual assessment and any costs imposed by commission order for the fees and expenses of consultants. The application, and any hearing or other proceedings thereon, shall be limited to the amount of such adjustment.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 671, effective June 20, 2005. — Amended
1988 Ky. Acts ch. 229, sec. 1, effective July 15, 1988. — Amended 1982 Ky. Acts ch.
82, sec. 17, effective July 15, 1982; and ch. 197, sec. 2, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 379, sec. 19, effective April 1, 1979. — Amended 1976
Ky. Acts ch. 88, sec. 10, effective March 29, 1976. — Amended 1972 Ky. Acts ch.
47, sec. 4. — Amended 1964 Ky. Acts ch. 195, sec. 3. — Amended 1960 Ky. Acts ch.
206, sec. 1. — Amended 1952 Ky. Acts ch. 46, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-53, 3952-54,
3952-55, 3952-60.