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136.650 Required participation in funds -- Computation of amounts -Designated monthly hold harmless amount.
(1)
(2)
(a)
Every political subdivision, school district, and special district shall
participate in the gross revenues and excise tax fund and the state
baseline and local growth fund.
(b) On or before December 1, 2005, each political subdivision shall certify to
the department on a prescribed form the amount of collections it received
from the local franchise fees collected from communications service and
multichannel video programming service providers and other fees
collected to fund public educational and government access programming
during the period between July 1, 2004, and June 30, 2005. By certifying
its participation under this subsection, each political subdivision:
1.
Consents to the hearing process provided in KRS 136.658; and
2.
Agrees to relinquish its right to enforce the portion of any contract or
agreement that requires the payment of a franchise fee or tax on
communications services and multichannel video programming
services, regardless of whether the tax or fee is imposed on the
provider or its customers.
(c) The amount of collections received by each political subdivision, school
district, special district, and sheriff's department between July 1, 2004,
and June 30, 2005, from the tax imposed by KRS 136.120 attributable to
the franchise portion of the operating property, as noted in KRS 136.115,
shall be calculated by the department from assessment data for calendar
year 2004.
The monthly portion of the gross revenues and excise tax fund that shall be
distributed to political subdivisions, school districts and special districts under
KRS 136.652 shall be computed as follows:
(a) Each political subdivision, school district and special district shall be
assigned a percentage based on the amount of its collections certified
under subsection (1) of this section as a ratio of the total certified amount
of collections of all parties participating in the fund. This percentage shall
be known as the "local historical percentage." The portion of the sheriff
departments' certified collections identified in subsection (1) of this
section from the tax imposed under KRS 136.120 attributable to the
franchise portion of the operating property, as noted in KRS 136.115, that
was imposed by county governments shall be added to each county's
reported collections to determine its local historical percentage;
(b) The sheriff departments collections certified under subsection (1) of this
section that are retained by the sheriff departments as their fee for
collecting the taxes shall be the sheriff departments fixed hold-harmless
amount;
(c) Three million thirty-four thousand dollars ($3,034,000), which represents
one-twelfth (1/12) of the total potential collections, shall be designated as
the "monthly hold-harmless amount"; and
(d) Each political subdivision's, school district's, and special district's local
historical percentage shall be multiplied by the monthly hold-harmless
(3)
(4)
amount to determine its monthly distribution from the fund.
If during the period between June 30, 2005, and December 31, 2005, any
political subdivision had a substantial change in its base revenue by enacting
or modifying the rate of a local franchise fee prior to June 30, 2005, the political
subdivision may request the department to determine its certified collection
amount.
If any political subdivision, school district, special district, or sheriff's
department believes that the data used to determine its certified amount of
collections are inaccurate, the political subdivision, school district, special
district, or sheriff's department may request a redetermination by the oversight
committee established by KRS 136.658. A redetermination shall be effective
prospectively beginning with the next distribution cycle occurring ninety (90)
days after the matter is finally settled.
Effective:March 6, 2006
History: Amended 2006 Ky. Acts ch. 6, sec. 5, effective March 6, 2006. -- Created
2005 Ky. Acts ch. 168, sec. 113, effective January 1, 2006.
Legislative Research Commission Note (3/6/2006). 2006 Ky. Acts ch. 6, sec. 27,
provides that this section applies retroactively to December 1, 2005.
Legislative Research Commission Note (1/1/2006). 2005 Ky. Acts chs. 11, 85,
95, 97, 98. 99, 123, and 181 instruct the Reviser of Statutes to correct statutory
references to agencies and officers whose names have been changed in 2005
legislation confirming the reorganization of the executive branch. Such a
correction has been made in this section.
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