65A.010 Definitions for chapter.
981 words·~4 min read·
/ky/chapter-65a/65a-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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subsequently withdrawn its affiliation with the special purpose governmental entity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;
(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;
(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, wholly or in part, 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 with any member or members who are appointed by the
chief executive or governing body of a city, county, or combination of
cities and counties, or whose voting membership includes governmental
officials who serve in an ex officio capacity;
(7)"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;
(8)"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, and water conservation services,
and services provided by watershed conservancy districts and soil and
water conservation districts;
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, except as set out in
paragraph (d)8. of this subsection;
14. Tourism and convention services; and
15. Agricultural extension services.
(d)"Special purpose governmental entity" shall not include:
1. Cities;
2. Counties;
3. School districts;
4. Private entities;
5. Chambers of commerce;
6. 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;
7. Any entity whose budget, finances, and financial information are fully
integrated with and included as a part of the budget, finances, and
financial reporting of the city, county, or cities and counties in which it
operates;
8. Federally regulated public housing authorities established pursuant to
KRS Chapter 80 that receive no more than twenty percent (20%) of their
total funding for any fiscal year from nonfederal fees, not including
rental income; or
9. a. Any fire protection district or volunteer fire department district
operating under KRS Chapter 75 with the higher of annual receipts
from all sources or annual expenditures of less than one hundred
thousand dollars ($100,000); or
b. Any fire department incorporated under KRS Chapter 273.