2013 Kentucky Revised Statutes CHAPTER 350 - SURFACE COAL MINING 350.139 Deposit of funds to State Treasury -- Exceptions -- Amount to be transferred to fiscal courts -- Remainder for Division of Mine Permits.
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350.139 Deposit of funds to State Treasury -- Exceptions -- Amount to be
transferred to fiscal courts -- Remainder for Division of Mine Permits.
(1)
(2)
(3)
All prior enactments of this General Assembly to the contrary notwithstanding,
all funds received by the Energy and Environment Cabinet through the
payment of fees and civil penalties shall be deposited in the State Treasury to
the credit of the general fund, except those fees established in KRS
350.060(11) and (13), 350.070(2) and (4), 350.135(1), and as provided in KRS
350.990(1). All funds from the forfeiture of bonds shall be placed in the State
Treasury in an interest-bearing account and credited to a special agency
account. The interest shall become a supplemental fund and may be used to
supplement forfeited bonds which are inadequate to complete the reclamation
plan. Except as provided in KRS 350.131(1), forfeited bond funds shall be
expended upon the lands for which the bond was given. The interest may be
expended upon lands other than those for which the bond was given. No more
than twenty-five percent (25%) of the supplemental fund may be expended
upon any single site, unless a larger expenditure is necessary to abate an
imminent danger to public health or safety.
(a) Subject to the limitation in paragraph (b) of this subsection, the
Department for Natural Resources shall, on or before August 1 of each
year, transfer to the fiscal court of the county in which the permitted
operation is located, an amount equal to thirty-three and one-third percent
(33-1/3%) of all funds paid during the preceding fiscal year as fees for the
issuance of any permit for surface coal mining operations for the general
purposes of that fiscal court.
(b) The department shall calculate the amount to be transferred each year
under this subsection as if the fee rates in effect pursuant to this chapter
on October 1, 2009, were still in effect during the preceding fiscal year.
Except for the amount of fees paid to fiscal courts pursuant to subsection (2) of
this section, all permit and acreage fees established in KRS 350.060(11) and
(13), 350.070(2) and (4), and 350.135(1) shall be held specifically for the use of
the Division of Mine Permits.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1879, effective July 15, 2010; and
ch. 103, sec. 4, effective April 8, 2010. -- Amended 1998 Ky. Acts ch. 222,
sec. 2, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 210, sec. 7,
effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 409, sec. 14, effective
July 15, 1982. -- Amended 1980 Ky. Acts ch. 377, sec. 4. -- Amended 1974 Ky.
Acts ch. 74, Art. III, sec. 13(2)(7); Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3,
sec. 81.
Legislative Research Commission Note (7/15/2010). This section was amended
by 2010 Ky. Acts chs. 24 and 103, which do not appear to be in conflict and
have been codified together.
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