176.150 Information required with application for certificate of eligibility.
(1)
(2)
(3)
(4)
No applicant shall be given a certificate of eligibility unless his financial statement
and the investigation made by the department show that he possesses net current
assets or working capital sufficient in the judgment of the department to render it
probable that he can satisfactorily execute his contracts and meet obligations therein
incurred. All applications for certificates shall expressly authorize the department to
obtain all information which it deems pertinent with respect to the financial status,
assets, and liabilities of the applicant from any persons having business transactions
with the applicant, and shall expressly authorize all those persons to furnish any
information requested from them by the department.
No applicant shall be given a certificate of eligibility until the applicant provides the
secretary of the Transportation Cabinet with his sworn statement made under
penalty of perjury that he has not knowingly violated any provision of the campaign
finance laws of the Commonwealth and that the award of a contract to the applicant
will not violate any provision of the campaign finance laws of the Commonwealth.
"Knowingly" means, with respect to conduct or to a circumstance described by a
statute defining an offense, that a person is aware or should have been aware that
his conduct is of that nature or that the circumstance exists.
Certificates of eligibility shall be issued without reference to the residence of
applicants and the administrative regulations regarding the issuance of certificates
shall apply equally to residents and nonresidents. A certificate of eligibility shall not
be denied to any applicant upon the sole issue of nationality or residence.
When the applicant is a foreign corporation, limited liability company, or limited
partnership, the application shall be accompanied by a certificate from the Secretary
of State of the jurisdiction in which it is organized certifying that it is validly
existing and in good standing and a certificate from the Kentucky Secretary of State
certifying that it is authorized to transact business in the Commonwealth of
Kentucky.
Effective: July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 45, effective July 15, 2010.
-- Amended 2007 Ky. Acts ch. 137, sec. 45, effective June 26, 2007. -- Amended
1992 Ky. Acts ch. 288, sec. 22, effective July 14, 1992. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356t-20, 4356t-22,
4356t-23.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183,
provides, "The specific textual provisions of Sections 1 to 178 of this Act which
reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed
effective as of June 26, 2007, and those provisions are hereby made expressly
retroactive to that date, with the remainder of the text of those sections being
unaffected by the provisions of this section."
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