Kentucky Statutes 45.795 – Determinations to be made in reviewing projects — Request for Legislative Research Commission to seek injunction
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(1) In reviewing a project, the committee shall determine whether the project has met all the relevant requirements of:
(a) KRS § 45.750 to KRS § 45.816;
(b) KRS § 56.800 to KRS § 56.823; and
(c) Any other statutes relating to the committee’s oversight of:
1. Capital projects;
2. The allotment and expenditure of funds from the emergency repair, maintenance, and replacement account and the capital construction and equipment purchase contingency account;
3. The state‘s acquisition of capital assets, including the lease of real property;
4. The issuance of bonds by the Commonwealth, and the related individual projects; and
5. Bonds issued by or on behalf of local school districts.
(2) If the committee determines that any of the requirements in subsection (1) of this section have not been met, the committee may, by majority vote, request that the Legislative Research Commission file a civil court proceeding to seek an injunction to prohibit further action on the capital project, the acquisition of the capital asset, the initiation or modification of the lease of real property, the bond issue, or the allotment or expenditure of funds from the capital construction emergency or contingency accounts.
(3) The committee may take action requesting the Legislative Research Commission to seek an injunction before, during, or after its compliance with the provisions of KRS § 45.800(2) or KRS § 45.810(3), where applicable.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 23, sec. 1, effective July 15, 1994.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, J, 1, (7) at 1692.
(a) KRS § 45.750 to KRS § 45.816;
Terms Used In Kentucky Statutes 45.795
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) KRS § 56.800 to KRS § 56.823; and
(c) Any other statutes relating to the committee’s oversight of:
1. Capital projects;
2. The allotment and expenditure of funds from the emergency repair, maintenance, and replacement account and the capital construction and equipment purchase contingency account;
3. The state‘s acquisition of capital assets, including the lease of real property;
4. The issuance of bonds by the Commonwealth, and the related individual projects; and
5. Bonds issued by or on behalf of local school districts.
(2) If the committee determines that any of the requirements in subsection (1) of this section have not been met, the committee may, by majority vote, request that the Legislative Research Commission file a civil court proceeding to seek an injunction to prohibit further action on the capital project, the acquisition of the capital asset, the initiation or modification of the lease of real property, the bond issue, or the allotment or expenditure of funds from the capital construction emergency or contingency accounts.
(3) The committee may take action requesting the Legislative Research Commission to seek an injunction before, during, or after its compliance with the provisions of KRS § 45.800(2) or KRS § 45.810(3), where applicable.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 23, sec. 1, effective July 15, 1994.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, J, 1, (7) at 1692.