65A.090 Registration with Department for Local Government -- Notification --

360 words·~2 min read·/ky/65a-090

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Failure to register -- Action to enforce prohibition against taxes and fees.

(a)To establish a complete list of all special purpose governmental entities

operating in Kentucky on March 21, 2013, so that the registry established

pursuant to KRS 65A.020 will be comprehensive, every existing special

purpose governmental entity shall register with the DLG as provided in this

subsection.

(b)Registration shall occur prior to December 31, 2013, and shall be in the form

and format required by the DLG, provided that in addition to the information

required by the DLG, all special purpose governmental entities shall report to

the DLG the date the last independent audit of the entity was conducted.

(c)Between March 21, 2013, and December 31, 2013, the DLG, with assistance

from the area development districts created under KRS 147A.050, public

entities as defined in KRS 65.310, and the Auditor of Public Accounts, shall

notify all special purpose governmental entities of which it is aware of the

registration requirement established by this subsection, and of the

consequences of failing to register in a timely manner.

(2)The governing body of any special purpose governmental entity established on or

after January 1, 2014, shall, within fifteen

(15)days of the establishment of the

entity, file with the DLG the information required by subsection (2)(a)1. of KRS

65A.020 and any other information required by the DLG.

(3)Notwithstanding any other provision of the Kentucky Revised Statutes, any special

purpose governmental entity that fails to provide information to the DLG as

required under this section shall be:

(a)Subject to administrative dissolution as provided in KRS 65A.050; and

(b)Prohibited from levying or collecting any tax, fee, assessment, or charge

beginning January 1, 2014, through the date the entity registers with the DLG.

To enforce paragraph

(b)of this subsection, any resident or property owner of the

service area of a special purpose governmental entity may bring an action in the

Circuit Court. The Circuit Court, in its discretion, may allow the prevailing party,

other than the special purpose governmental entity, a reasonable attorney's fee and

court costs, to be paid from the special purpose governmental entity's treasury.