2014 Kentucky Revised Statutes CHAPTER 44 - CLAIMS UPON THE TREASURY 44.065 Reciprocal agreements to offset claim of any person against the Commonwealth to debt of that person owed to any federal, state, or local government.
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44.065 Reciprocal agreements to offset claim of any person against the
Commonwealth to debt of that person owed to any federal, state, or local
government.
(1)
(2)
(3)
Notwithstanding any other provision of the Kentucky Revised Statutes, and
pursuant to the provisions of 31 U.S.C. sec. 3716(b) and (h)(1), the Finance
and Administration Cabinet, at the request of any executive, judicial, or
legislative agency of the Commonwealth, may enter into a reciprocal
agreement with the United States government to offset the claim of any person
against the Commonwealth to any debt of that person owed to the United
States government which has been certified by the United States government
as final, due, and owing, with all appeals and legal actions having been waived
or exhausted, and to offset any nontax claim of any person against the United
States government to any liquidated debt of that person owed to the
Commonwealth.
Notwithstanding any other provision of the Kentucky Revised Statutes, the
Finance and Administration Cabinet, at the request of any executive, judicial, or
legislative agency of the Commonwealth, may enter into a reciprocal
agreement with any state, as defined in KRS 446.010, to offset the claim of any
person against the Commonwealth to any debt of that person owed to any
state which has certified the debt as final, due, and owing, with all appeals and
legal actions having been waived or exhausted, and to offset any claim of any
person against any state to any liquidated debt of that person owed to the
Commonwealth.
In the case of multiple creditors who have certified liquidated debt against the
same person on a claim against the Commonwealth, pursuant to this section
and KRS 44.030, the debts of the Commonwealth, counties, cities,
urban-county governments, consolidated local governments, and charter
county governments shall be credited first in the priority established in KRS
44.030, and if there is any balance due the claimant after settling the whole
demands of the Commonwealth, counties, cities, urban-county governments,
consolidated local governments, and charter county governments, the balance
shall be credited to the liquidated debts certified by the United States
government and any other state, as defined in KRS 446.010, in the order that
the claims were filed with the Treasury. If there is a balance due the claimant
after satisfaction of all liquidated debts as itemized in this section or any
court-ordered payments, the balance shall be paid to the claimant.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 104, effective June 8, 2011. -- Created
2006 Ky. Acts ch. 252, Pt. XVI, sec. 2, effective April 25, 2006.
Legislative Research Commission Note (4/25/2006). This statute, as created by
2006 Ky. Acts ch. 252, Pt. XVI. sec. 2, contained internal references in
subsections (2) and (3) to "KRS 446.010(30)." Under KRS 7.136(1)(e), these
references have been changed in codification to "KRS 446.010(31)" by the
Reviser of Statutes to reflect the insertion of a new subsection (24) in KRS
446.020 and the resulting renumbering of succeeding subsections in 2006 Ky.
Acts ch. 149, sec. 237.
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