2016 Kentucky Revised Statutes CHAPTER 65A - SPECIAL PURPOSE GOVERNMENTAL ENTITIES .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 and, if applicable, the local
government ordinance and interlocal agreement under which the
entity was established; the date of establishment; the establishing
entity; and the statute or statutes, local government ordinance, or
interlocal agreement under which the entity operates, if different
from the statute or statutes, ordinance, or agreement 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.
i.
A listing of all the most significant taxes or fees imposed and
collected by the entity, including the rates or amounts
charged for the reporting period and the statutory or other
source of authority for the levy of the tax or fee.
ii. As used in this subdivision, "most significant taxes or fees"
means the five (5) taxes or fees levied by the entity that
produce the most tax and fee revenue for the entity, provided
that if the top five (5) revenue-producing taxes and fees do
(b)
not produce at least eighty-five percent (85%) of all tax and
fee revenues received by the entity, additional taxes and fees
shall be listed until the taxes and fees listed produce at least
eighty-five percent (85%) of all tax and fee revenues of the
entity. If an entity levies fewer than five (5) taxes and fees,
the entity shall list all taxes and fees levied;
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 governmental entity submits
reports, data, or information; and
j.
Any other related administrative information required by the DLG;
and
2.
Financial information:
a.
i.
The most recent adopted budget of the entity for the
upcoming fiscal year;
ii. After the close of each fiscal year, a comparison of the
budget to actual revenues and expenditures for each fiscal
year, including any amendments made throughout the fiscal
year to the budget originally submitted;
iii. Completed audits or attestation engagements as provided in
KRS 65A.030; and
iv. Other financial oversight reports or information required by
the DLG.
b.
In lieu of the submissions required by subdivision a.i., ii., and iv.
of this subparagraph:
i.
A federally regulated municipal utility shall submit, after the
close of each fiscal year, the monthly balance, revenue, and
expense report required by the federal regulator, which
constitutes year-end data; and
ii. A public utility established pursuant to KRS 96.740 that is
not a federally regulated municipal utility shall submit after
the close of each fiscal year a report that includes the same
information, in the same format as is required for federally
regulated municipal utilities under subpart i. of this
subdivision.
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
(c)
(3)
(a)
(b)
(c)
(4)
(a)
(b)
(c)
(5)
(a)
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.
As an alternative to completing and submitting any standard form developed
by the DLG for the reporting of financial information, federally regulated
municipal utilities and public utilities established pursuant to KRS 96.740 that
are not federally regulated municipal utilities may elect to satisfy the reporting
requirements established by subsection (2)(a)2. of this section for the public
power components of their operations by reporting the financial information
related to their electric system accounts in accordance with the Federal Energy
Regulatory Commission's Uniform System of Accounts.
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 government.
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
(b)
(c)
(d)
(e)
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.
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), twentyfive 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).
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.
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.
1.
In determining the annual fee due from a special purpose governmental
entity, the DLG may exclude revenues received by the special purpose
governmental entity if:
a.
The revenues constitute nonrecurring, nonoperating grants for the
purpose of capital asset acquisition, capital construction, disaster
recovery efforts, or other one (1) time purposes as determined by
the DLG; and
b.
The special purpose governmental entity requests, in writing to the
DLG and for each fiscal year it receives the revenue in question,
that the revenues in question not be included in determining its
annual revenues.
2.
(6)
Any receipts excluded under this paragraph shall still be reported as
required under subsection (2)(a)2. of this section.
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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 17, sec. 2, effective June 24, 2015. -- Amended
2014 Ky. Acts ch. 7, sec. 2, effective March 19, 2014. -- Created 2013 Ky. Acts ch.
40, sec. 2, 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. 2,
shall apply retroactively beginning January 1, 2014.
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