2013 Kentucky Revised Statutes CHAPTER 65A - SPECIAL PURPOSE GOVERNMENTAL ENTITIES 65A.020 Duties of Department for Local Government relating to forms, reporting, and online access -- Information to be submitted by special purpose governmental entities -- Failure to submit information -- Administrative regulations -- Registry -- Registration fee -- Annual report.
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65A.020 Duties of Department for Local Government relating to forms,
reporting, and online access -- Information to be submitted by special
purpose governmental entities -- Failure to submit information -Administrative regulations -- Registry -- Registration fee -- Annual report.
(1)
(2)
The DLG shall:
(a) On or before March 1, 2014, make the necessary reporting and
certification forms, online reporting portal, and online central registry
available for reporting by special purpose governmental entities. The
portal and registry shall serve as a unified location for the reporting of and
access to administrative and financial information by special purpose
governmental entities; and
(b) On or before October 1, 2014, make available online public access to
administrative and financial information reported by special purpose
governmental entities.
(a) For each fiscal period beginning on or after July 1, 2014, all special
purpose governmental entities shall annually submit to the DLG the
information required by this section. The information shall be submitted in
accordance with this section, at the time, and in the form and format
required by the DLG. The information submitted shall include at a
minimum the following:
1.
Administrative information:
a.
The name, address, and, if applicable, the term and appointing
authority for each board member of the governing body of the
entity;
b.
The fiscal year of the entity;
c.
The Kentucky Revised Statute under which the entity was
established, the date of establishment, the establishing entity,
and the statute or statutes under which the entity operates, if
different from the statute or statutes under which it was
established;
d.
The mailing address and telephone number and, if applicable,
the Web site uniform resource locator (URL) of the entity;
e.
The operational boundaries and service area of the entity and
the services provided by the entity;
f.
A listing of all taxes, fees, or charges imposed and collected by
the entity, including the rates or amounts charged for the
reporting period and the statutory authority for the levy of the
tax, fee, or charge;
g.
The primary contact for the entity for purposes of
communication from the DLG;
h.
The code of ethics that applies to the entity, and whether the
entity has adopted additional ethics provisions;
i.
A listing of all federal, state, and local governmental entities
that have oversight authority over the special purpose
governmental entity or to which the special purpose
(b)
(c)
(3)
(a)
(b)
(4)
(a)
(b)
(c)
governmental entity submits reports, data, or information; and
j.
Any other related administrative information required by the
DLG; and
2.
Financial information:
a.
The most recent adopted budget of the entity;
b.
After the close of each fiscal year, a comparison of the budget
to actual revenues and expenditures for each fiscal year;
c.
Completed audits or attestation engagements as provided in
KRS 65A.030; and
d.
Other financial oversight reports or information required by the
DLG.
The provisions of KRS 65A.040 shall apply when a special purpose
governmental entity fails to submit the information required by this section
in a timely manner, or submits information that does not comply with the
requirements and standards established by this section and the DLG. To
facilitate the enforcement of these provisions, the DLG shall establish and
maintain an online list of due dates for the filing of reports, audit
certifications, and information for each special purpose governmental
entity.
The provisions of this subsection shall be in addition to, and shall not
supplant or replace any reporting or filing requirements established by
other provisions of the Kentucky Revised Statutes.
The DLG shall, by administrative regulation adopted pursuant to KRS
Chapter 13A, develop standard forms, protocols, timeframes, and due
dates for the submission of information by special purpose governmental
entities. All information shall be submitted electronically; however, the
DLG may allow submission by alternative means, with the understanding
that the DLG shall be responsible for converting the information to a
format that will make it accessible through the registry.
In an effort to reduce duplicative submissions to different governmental
entities and agencies, during the development of the forms, protocols,
timeframes, and due dates, the DLG shall consult with other
governmental entities and agencies that may use the information
submitted by special purpose governmental entities, and may include the
information those agencies and entities need to the extent possible.
Beginning October 1, 2014, all information submitted by special purpose
governmental entities under this section shall be publicly available
through the registry. The registry shall be updated at least monthly, but
may be updated more frequently at the discretion of the DLG. The registry
shall include a notation indicating the date of the most recent update.
The registry shall be in a searchable format and shall, at a minimum,
allow a search by county, by special purpose governmental entity name,
and by type of entity.
To the extent possible, the registry shall be linked to or accessed through
the Web site established pursuant to KRS 42.032 to provide public
access to expenditure records of the executive branch of state
(5)
(6)
government.
(a) To offset the costs incurred by the DLG in maintaining and administering
the registry, the costs incurred in providing education for the governing
bodies and employees of special purpose governmental entities as
required by KRS 65A.060, and the costs incurred by the DLG and the
Auditor of Public Accounts in responding to and acting upon noncompliant
special purpose governmental entities under KRS 65A.040, excluding
costs associated with conducting audits or special examinations, each
special purpose governmental entity shall pay a registration fee to the
DLG on an annual basis at the time of registration under this section.
(b) The initial annual fee shall be as follows:
1.
For special purpose governmental entities with annual revenue from
all sources of less than one hundred thousand dollars ($100,000),
twenty-five dollars ($25);
2.
For special purpose governmental entities with annual revenues
from all sources of at least one hundred thousand dollars ($100,000)
but less than five hundred thousand dollars ($500,000), two hundred
fifty dollars ($250); and
3.
For special purpose governmental entities with annual revenues of
five hundred thousand dollars ($500,000) or greater, five hundred
dollars ($500).
(c) If the costs of administering and maintaining the registry, providing
education, and enforcing compliance change over time, the fee and tiered
structure established by paragraph (b) of this subsection may be adjusted
one (1) time by the DLG through the promulgation of an administrative
regulation under KRS Chapter 13A. The rate, if adjusted, shall be set at a
level no greater than a level that is expected to generate sufficient
revenue to offset the actual cost of maintaining and administering the
registry, providing education for the governing bodies and employees of
special purpose governmental entities, and enforcing compliance.
(d) The portion of the registration fee attributable to expenses incurred by the
Auditor of Public Accounts for duties and services other than conducting
audits or special examinations shall be collected by the DLG and
transferred to the Auditor of Public Accounts on a quarterly basis. Prior to
the transfer of funds, the Auditor of Public Accounts shall submit an
invoice detailing the actual costs incurred, which shall be the amount
transferred; however, the amount transferred to the Auditor of Public
Accounts under the initial fee established by paragraph (b) of this section
shall not exceed the annual amount agreed to between the DLG and the
Auditor of Public Accounts.
By October 1, 2014, and on or before each October 1 thereafter, the DLG shall
file an annual report with the Legislative Research Commission detailing the
compliance of special purpose governmental entities with the provisions of
KRS 65A.010 to 65A.090. The Legislative Research Commission shall refer
the report to the Interim Joint Committee on Local Government for review.
Effective:March 21, 2013
History: Created 2013 Ky. Acts ch. 40, sec. 2, effective March 21, 2013.
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