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136.658 Oversight committee -- Creation and duties.
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The Local Distribution Fund Oversight Committee is hereby created and
administratively attached to and staffed by the department. The oversight
committee shall consist of nine (9) members appointed by the Governor and
shall be representative of local government and state government officials. The
Governor shall receive recommendations for four (4) members each from the
Kentucky Association of Counties and the Kentucky League of Cities from
which the Governor shall select two (2) members each. The Governor shall
receive recommendations for two (2) members each from the Kentucky School
Board Association, the Kentucky Superintendents Association, and the
Kentucky School Administrators Association from which the Governor shall
select one (1) member each. One (1) member shall be appointed by the
Governor to represent the interests of special districts other than school
districts. The remaining member shall be the commissioner of the Department
for Local Government, who shall serve as chairperson of the oversight
committee. The members shall serve for a term of three (3) years. Five (5)
members of the oversight committee shall constitute a quorum. A member may
be removed for cause in accordance with procedures established by the
oversight committee and shall serve without salary but shall be reimbursed for
expenses in the same manner as state employees. Any vacancy occurring on
the oversight committee shall be filled by the Governor for the unexpired term.
The duties of the oversight committee shall be:
(a) To monitor the department's implementation and distribution of funds
from the gross revenues and excise tax fund and the state baseline and
local growth fund and to report its findings to the commissioner of the
department; and
(b) To act as a finder of fact for the commissioner of the department in
disputes in and between political subdivisions, school districts, special
districts, and sheriff departments, and between political subdivisions,
school districts, special districts, and sheriff departments, and the
department regarding the implementation and distribution of funds from
the gross revenues and excise tax fund and the state baseline and local
growth fund.
The department shall provide the oversight committee with an annual report
reflecting the amounts distributed to each participating political subdivision,
school district, special district, or sheriff department.
Any political subdivision, school district, special district, or sheriff department
may file a complaint and request a hearing with the oversight committee on a
form prescribed by the committee. The oversight committee shall give notice to
any political subdivision, school district, special district, or sheriff department
that may be affected by the complaint. Any political subdivision, school district,
special district, or sheriff department intending to respond to the complaint shall
do so in writing within thirty (30) days of notice of the complaint.
In conducting its business:
(a) The oversight committee shall give due notice of the times and places of
its hearings;
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The parties shall be entitled to be heard, to present evidence, and to
examine and cross-examine witnesses;
(c) The oversight committee shall act by majority vote;
(d) The oversight committee shall adopt and publish rules of procedure and
practice regarding its hearings; and
(e) The oversight committee shall make written findings and
recommendations to the commissioner of the department.
The commissioner of the department shall review the findings and
recommendations of the oversight committee and issue a final ruling within
sixty (60) days of receipt of the recommendations.
The parties in the dispute shall have the rights and duties to appeal any final
ruling to the Kentucky Board of Tax Appeals under KRS 131.340.
Nothing contained in this section shall prevent at any time a written
compromise of any matter or matters in dispute, if otherwise lawful, by the
parties to the hearing process.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 117, sec. 71, effective July 15, 2010. -Amended 2007 Ky. Acts ch. 47, sec. 65, effective June 26, 2007. -- Created
2005 Ky. Acts ch. 168, sec. 117, effective January 1, 2006.
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