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176.150 Information required with application for certificate of eligibility.
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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History: Repealed and reenacted 2010 Ky.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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