2013 Kentucky Revised Statutes CHAPTER 286 - KENTUCKY FINANCIAL SERVICES CODE Subtitle 2 - Financial Institutions Generally 2.2-015 Political subdivisions prohibited from enacting or enforcing legislation governing matters preempted by state or federal law -- Exception for civil rights -- State law to be construed as consistent with federal law.
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286.2-015 Political subdivisions prohibited from enacting or enforcing
legislation governing matters preempted by state or federal law -Exception for civil rights -- State law to be construed as consistent with
federal law.
(1)
(2)
(3)
(4)
(5)
All political subdivisions of the Commonwealth shall be prohibited from
enacting and from enforcing ordinances, resolutions, and regulations pertaining
to the financial or lending activities of persons or entities which:
(a) Are subject to the jurisdiction of the department or the provisions of this
chapter;
(b) Are subject to the jurisdiction or regulatory supervision of the Board of
Governors of the Federal Reserve System, the Office of the Comptroller
of the Currency, the Office of Thrift Supervision, the National Credit Union
Administration, the Farm Credit Administration, the Federal Deposit
Insurance Corporation, or the United States Department of Housing and
Urban Development; or
(c) Originate, purchase, sell, assign, securitize, assist, facilitate, or service
property interests or obligations created by financial transactions or loans
made, executed, or originated by persons or entities referred to in
paragraph (a) or (b) of this subsection.
The requirements of this section shall apply to all ordinances, resolutions, or
regulations pertaining to lending activities, including any ordinances,
resolutions, or regulations which limit or disqualify persons or entities from
doing business with a political subdivision based upon financial or lending
activities or the imposition of additional reporting requirements or other
obligations on such persons or entities seeking to do business with a political
subdivision.
Any provision of this chapter preempted by federal law with respect to a
national bank or federal savings association shall not apply to the same extent
to an operating subsidiary of a national bank or federal savings association.
The provisions of this chapter shall be interpreted and applied to the fullest
extent practicable in a manner consistent with applicable federal laws and
regulations and with applicable policies and orders of federal regulatory
agencies and shall not be deemed to constitute an attempt to override federal
law.
Nothing in this section shall be interpreted as preventing the enforcement of
ordinances, regulations, or resolutions of political subdivisions of the
Commonwealth pertaining to civil rights.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 614, effective July 15, 2010. -Created 2003 Ky. Acts ch. 64, sec. 11, effective June 24, 2003.
Formerly codified as KRS 287.015.
Legislative Research Commission Note (7/12/2006). In accordance with 2006
Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a
section of the Kentucky Financial Services Code, KRS Chapter 286.
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