2014 Kentucky Revised Statutes
CHAPTER 65A - SPECIAL PURPOSE GOVERNMENTAL ENTITIES
65A.010 Definitions for chapter.
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<![CDATA[65A.010 Definitions for chapter.
As used in this chapter:
(1) "County" means any county, consolidated local government, urban-county
government, unified local government, or charter county;
(2) "DLG" means the Department for Local Government established by KRS
147A.002;
(3) "Establishing entity" means the city or county, or any combination of cities and
counties, that established a special purpose governmental entity and that has
not subsequently withdrawn its affiliation with the special purpose
governmental entity by ordinance or other official action;
(4) "Federally regulated municipal utility" means a municipal utility governed by the
provisions of KRS 96.550 to 96.901, that maintains a wholesale power contract
with a federal agency that also serves as its regulatory authority;
(5) (a) "Fee" means any user charge, levy, assessment, fee, schedule of rates,
or tax, other than an ad valorem tax, imposed by a special purpose
governmental entity.
(b) "Fee" shall not include the following charges imposed by special purpose
governmental entities that provide utility services:
1.
Any fuel cost adjustment that is:
a.
Made pursuant to an agreement with a power supplier;
b.
Amended by the power supplier based on the variable cost of
fuel; and
c.
Passed through to the consumer by the utility pursuant to the
agreement between the utility and the power supplier;
2.
Any power or energy cost adjustment implemented pursuant to a
duly adopted base rate that provides for the periodic adjustment of a
component of the rate, including any fuel costs or transmission
costs, in accordance with the formula or conditions set forth in the
base rate; or
3.
Any environmental control cost adjustments or surcharges
implemented pursuant to a duly adopted base rate that provides for
the periodic adjustment of a component of the rate in accordance
with a formula or conditions set forth in the base rate;
(6) (a) "Private entity" means any entity whose sole source of public funds is
from payments pursuant to a contract with a city, county, or special
purpose governmental entity, including funds received as a grant or as a
result of a competitively bid procurement process.
(b) "Private entity" does not include any entity:
1.
Created by a city, county, or combination of cities and counties to
perform one (1) or more of the types of public services listed in
subsection (9)(c) of this section; or
2.
Governed by a board, council, commission, committee, authority, or
corporation whose members are appointed by the chief executive or
governing body of a city, county, or combination of cities and
(7)
(8)
(9)
counties;
"Public funds" means any funds derived from the levy of a tax, fee,
assessment, or charge, or the issuance of bonds by the state or a city, county,
or special purpose governmental entity;
"Registry" means the online central registry and reporting portal established
pursuant to KRS 65A.020; and
(a) "Special purpose governmental entity" or "entity" means any agency,
authority, or entity created or authorized by statute which:
1.
Exercises less than statewide jurisdiction;
2.
Exists for the purpose of providing one (1) or a limited number of
services or functions;
3.
Is governed by a board, council, commission, committee, authority,
or corporation with policy-making authority that is separate from the
state and the governing body of the city, county, or cities and
counties in which it operates; and
4.
a. Has the independent authority to generate public funds; or
b.
May receive and expend public funds, grants, awards, or
appropriations from the state, from any agency, or authority of
the state, from a city or county, or from any other special
purpose governmental entity.
(b) "Special purpose governmental entity" shall include entities meeting the
requirements established by paragraph (a) of this subsection, whether the
entity is formed as a nonprofit corporation under KRS Chapter 273,
pursuant to an interlocal cooperation agreement under KRS 65.210 to
65.300, or pursuant to any other provision of the Kentucky Revised
Statutes.
(c) Examples of the types of public services that may be provided by special
purpose governmental entities include but are not limited to the following:
1.
Ambulance, emergency, and fire protection services;
2.
Flood control, drainage, levee, water, water conservation,
watershed, and soil conservation services;
3.
Area planning, management, community improvement, and
community development services;
4.
Library services;
5.
Public health, public mental health, and public hospital services;
6.
Riverport and airport services;
7.
Sanitation, sewer, waste management, and solid waste services;
8.
Industrial and economic development;
9.
Parks and recreation services;
10. Construction, maintenance, or operation of roads and bridges;
11. Mass transit services;
12. Pollution control;
13. Construction or provision of public housing;
(d)
14. Tourism and convention services; and
15. Agricultural extension services.
"Special purpose governmental entity" shall not include:
1.
Cities;
2.
Counties;
3.
School districts;
4.
Private entities;
5.
Any incorporated entity that:
a.
Provides utility services;
b.
Is member-owned; and
c.
Has a governing body whose voting members are all elected
by the membership of the entity; or
6.
Any entity whose budget and financial information are integrated
with and included as a part of the budget and financial reporting of
the city, county, or cities and counties in which it operates.
Effective:March 19, 2014
History: Amended 2014 Ky. Acts ch. 7, sec. 1, effective March 19, 2014. -Amended 2013 Ky. Acts. ch. 124, sec. 8, effective June 25, 2013. -- Created
2013 Ky. Acts ch. 40, sec. 1, effective March 21, 2013.
Legislative Research Commission Note (3/19/2014). 2014 Ky. Acts ch. 7, sec. 11
provides that the amendments to this statute made in 2014 Ky. Acts ch. 7, sec.
1, shall apply retroactively beginning January 1, 2014.
Legislative Research Commission Note (3/21/2013). In subsection (5)(b)1. of this
statute, a reference to "subsection (7)(c)" has been changed to read "subsection
(8)(c)." In the Senate Committee Substitute to the bill that created this statute
(2013 Ky. Acts ch. 40, sec. 1), the former subsection (7) was renumbered as
subsection (8), but an internal reference to subsection (7)(c) was not corrected.
In codifying this section, the Reviser of Statutes has made this correction
pursuant to KRS 7.136(1).
Legislative Research Commission Note (3/21/2013). This statute was created in
2013 Ky. Acts ch. 40, sec. 1 (HB 1), and then amended in 2013 Ky. Acts ch.
124, sec. 8, after HB 1 had been enacted. That amendment has been
incorporated into the text of this statute as created.
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