{"data":{"id":"us-ky/krs-136.650","jurisdiction":"us-ky","citation":"KRS 136.650","heading":"Required participation in funds -- Computation of amounts -- Designated","body":"monthly hold harmless amount.\n(1) (a) Every political subdivision, school district, and special district shall\nparticipate in the gross revenues and excise tax fund and the state baseline and\nlocal growth fund.\n(b) On or before December 1, 2005, each political subdivision shall certify to the\ndepartment on a prescribed form the amount of collections it received from\nthe local franchise fees collected from communications service and\nmultichannel video programming service providers and other fees collected to\nfund public educational and government access programming during the\nperiod between July 1, 2004, and June 30, 2005. By certifying its participation\nunder this subsection, each political subdivision:\n1. Consents to the hearing process provided in KRS 136.658; and\n2. Agrees to relinquish its right to enforce the portion of any contract or\nagreement that requires the payment of a franchise fee or tax on\ncommunications services and multichannel video programming services,\nregardless of whether the tax or fee is imposed on the provider or its\ncustomers.\n(c) The amount of collections received by each political subdivision, school\ndistrict, special district, and sheriff's department betw een July 1, 2004, and\nJune 30, 2005, from the tax imposed by KRS 136.120 attributable to the\nfranchise portion of the operating property, as noted in KRS 136.115, shall be\ncalculated by the department from assessment data for calendar year 2004.\n(2) The mo nthly portion of the gross revenues and excise tax fund that shall be\ndistributed to political subdivisions, school districts and special districts under KRS\n136.652 shall be computed as follows:\n(a) Each political subdivision, school district and special district shall be assigned\na percentage based on the amount of its collections certified under subsection\n(1) of this section as a ratio of the total certified amount of collections of all\nparties participating in the fund. This percentage shall be known a s the \"local\nhistorical percentage.\" The portion of the sheriff departments' certified\ncollections identified in subsection (1) of this section from the tax imposed\nunder KRS 136.120 attributable to the franchise portion of the operating\nproperty, as noted in KRS 136.115, that was imposed by county governments\nshall be added to each county's reported collections to determine its local\nhistorical percentage;\n(b) The sheriff departments' collections certified under subsection (1) of this\nsection that are reta ined by the sheriff departments as their fee for collecting\nthe taxes shall be the sheriff departments' fixed hold-harmless amount;\n(c) Three million thirty-four thousand dollars ($3,034,000), which represents one-\ntwelfth (1/12) of the total potential coll ections, shall be designated as the\n\"monthly hold-harmless amount\"; and\n(d) Each political subdivision's, school district's, and special district's local\nhistorical percentage shall be multiplied by the monthly hold-harmless amount\nto determine its monthly distribution from the fund.\n(3) If during the period between June 30, 2005, and December 31, 2005, any political\nsubdivision had a substantial change in its base revenue by enacting or modifying\nthe rate of a local franchise fee prior to June 30, 2005, th e political subdivision may\nrequest the department to determine its certified collection amount.\n(4) If any political subdivisi on, school district, special district, or sheriff's department\nbelieves that the data used to determine its certified amount of collections are\ninaccurate, the political subdivision, school district, special district, or sheriff's\ndepartment may request a redetermination by the oversight committee established\nby KRS 136.658. A redetermination shall be effective prospectively beginning with\nthe next distribution cycle occurring ninety (90) days after the matter is finally\nsettled.","path":["KRS Chapter 136"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=28608","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:28Z","sha256":"02bf27d6464322e91315f8c4d3b458b3ef64e0b0ad1676156e49947f6881c188","source_id":"us-ky","stale":false,"prev":"us-ky/krs-136.648","next":"us-ky/krs-136.652"},"notice":"GroundRules: Original legal text. Not legal advice."}