Kentucky Statutes 386.367 – Filing or reporting requirements — Restrictions
Current as of: 2024 | Check for updates
|
Other versions
(1) Absent the showing of a compelling state interest, a state agency or state official shall not impose any filing or reporting requirements that are more burdensome than the requirements authorized by the Kentucky Revised Statutes on an organization that is determined to be a:
(a) Private foundation as defined in Section 509 of the Internal Revenue Code; or
(b) Charitable trust governed by the provisions of KRS § 386.350 to KRS § 386.365.
(2) The restrictions on filing and reporting in subsection (1) of this section do not apply in the case of the state’s direct spending programs, state grants, state contracts, or enforcement of criminal law against specific nonprofit organizations.
(3) Nothing in this section may be construed to limit or restrict the powers, duties, remedies, or penalties available to the Attorney General, the Commonwealth of Kentucky, or any private person under any other provision of statutory or common law.
Effective: August 1, 2022
History: Created 2022 Ky. Acts ch. 89, sec. 1, effective August 1, 2022.
Legislative Research Commission Note (8/1/2022). 2022 Ky. Acts ch. 89, sec. 2, provides that the Act, which created this statute, may be cited as the Nonprofit Protection Act.
(a) Private foundation as defined in Section 509 of the Internal Revenue Code; or
Terms Used In Kentucky Statutes 386.367
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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.
(b) Charitable trust governed by the provisions of KRS § 386.350 to KRS § 386.365.
(2) The restrictions on filing and reporting in subsection (1) of this section do not apply in the case of the state’s direct spending programs, state grants, state contracts, or enforcement of criminal law against specific nonprofit organizations.
(3) Nothing in this section may be construed to limit or restrict the powers, duties, remedies, or penalties available to the Attorney General, the Commonwealth of Kentucky, or any private person under any other provision of statutory or common law.
Effective: August 1, 2022
History: Created 2022 Ky. Acts ch. 89, sec. 1, effective August 1, 2022.
Legislative Research Commission Note (8/1/2022). 2022 Ky. Acts ch. 89, sec. 2, provides that the Act, which created this statute, may be cited as the Nonprofit Protection Act.