Kentucky Statutes 131.565 – Definition of “state agency” — Establishment of claim by state agency pursuant to statutory provision, administrative regulation, or ordinance — Requests to withhold individual income tax refund
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(1) For purposes of KRS § 131.560 to KRS § 131.595, “state agency” or “state agencies” shall include the Court of Justice and any local government, as those terms are defined in KRS § 45.241.
(2) No state agency shall request the withholding of any individual income tax refund unless there is specific provision in statute, administrative regulation, or, in the case of a local government, ordinance, for debtor appeal and hearing rights for that particular debt.
(3) State agencies having the statutory, regulatory, or other legal provisions described in subsection (2) of this section shall establish claims against Kentucky individual income tax refunds by notifying the commissioner of revenue in writing by a date established by the department and, by dates agreed to by the department and each state agency, shall furnish a list of all liquidated debts due the agency for which withholding is required for individual income tax refunds due to be paid to the debtor of the claimant agency. This list shall be submitted in such form and contain such information as may be required by the commissioner of revenue to facilitate identification of the refunds to be withheld. As used in this section the term “liquidated debt” means a legal debt for a sum certain, which has been certified by the claimant agency as final due and owing. The claimant agency must have made reasonable efforts to collect such debt, and must have provided the debtor the opportunity for appeal and formal hearing as provided by statute, administrative regulation, or local ordinance. The claimant agency shall send thirty (30) days’ prior written notification to the debtor of the intention to submit the claim to the department for setoff as provided in KRS § 131.570.
(4) The individual income tax refund withholding procedures provided in KRS § 131.560 to KRS § 131.595 shall be in lieu of the procedures set forth in KRS § 427.130 and KRS § 44.030 only with regard to sums due to a debtor from the department.
(5) No state agency shall request the withholding of any individual income tax refund unless the debt for which withholding is requested is in a liquidated amount.
(6) Each state agency requesting the withholding of any individual income tax refund shall indemnify the department against any and all damages, court costs, attorneys fees, and any other expenses related to litigation which arises concerning the administration of KRS § 131.560 to KRS § 131.595 as it pertains to a refund withholding action requested by such agency.
(7) Those state agencies requesting the withholding of individual income tax refunds shall, on a per unit cost or other equitable basis determined by the department, reimburse the department for all development, implementation, and administration costs incurred but not otherwise funded under the provisions of KRS § 131.560 to
131.595.
(8) The department may decline the withholding of individual income tax refunds from agencies if the request would adversely impact the operation of the department.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 88, sec. 7, effective June 25, 2013. — Amended
2005 Ky. Acts ch. 85, sec. 148, effective June 20, 2005. — Amended 2004 Ky. Acts ch. 118, sec. 4, effective July 13, 2004. — Created 1984 Ky. Acts ch. 405, sec. 8, effective July 13, 1984.
(2) No state agency shall request the withholding of any individual income tax refund unless there is specific provision in statute, administrative regulation, or, in the case of a local government, ordinance, for debtor appeal and hearing rights for that particular debt.
Terms Used In Kentucky Statutes 131.565
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Commissioner: means the commissioner of revenue. See Kentucky Statutes 131.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Revenue. See Kentucky Statutes 131.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(3) State agencies having the statutory, regulatory, or other legal provisions described in subsection (2) of this section shall establish claims against Kentucky individual income tax refunds by notifying the commissioner of revenue in writing by a date established by the department and, by dates agreed to by the department and each state agency, shall furnish a list of all liquidated debts due the agency for which withholding is required for individual income tax refunds due to be paid to the debtor of the claimant agency. This list shall be submitted in such form and contain such information as may be required by the commissioner of revenue to facilitate identification of the refunds to be withheld. As used in this section the term “liquidated debt” means a legal debt for a sum certain, which has been certified by the claimant agency as final due and owing. The claimant agency must have made reasonable efforts to collect such debt, and must have provided the debtor the opportunity for appeal and formal hearing as provided by statute, administrative regulation, or local ordinance. The claimant agency shall send thirty (30) days’ prior written notification to the debtor of the intention to submit the claim to the department for setoff as provided in KRS § 131.570.
(4) The individual income tax refund withholding procedures provided in KRS § 131.560 to KRS § 131.595 shall be in lieu of the procedures set forth in KRS § 427.130 and KRS § 44.030 only with regard to sums due to a debtor from the department.
(5) No state agency shall request the withholding of any individual income tax refund unless the debt for which withholding is requested is in a liquidated amount.
(6) Each state agency requesting the withholding of any individual income tax refund shall indemnify the department against any and all damages, court costs, attorneys fees, and any other expenses related to litigation which arises concerning the administration of KRS § 131.560 to KRS § 131.595 as it pertains to a refund withholding action requested by such agency.
(7) Those state agencies requesting the withholding of individual income tax refunds shall, on a per unit cost or other equitable basis determined by the department, reimburse the department for all development, implementation, and administration costs incurred but not otherwise funded under the provisions of KRS § 131.560 to
131.595.
(8) The department may decline the withholding of individual income tax refunds from agencies if the request would adversely impact the operation of the department.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 88, sec. 7, effective June 25, 2013. — Amended
2005 Ky. Acts ch. 85, sec. 148, effective June 20, 2005. — Amended 2004 Ky. Acts ch. 118, sec. 4, effective July 13, 2004. — Created 1984 Ky. Acts ch. 405, sec. 8, effective July 13, 1984.