44.065 Reciprocal agreements to offset claim of any person against the Commonwealth to debt of that person owed to any federal, state, or local government. - Kentucky Statutes

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Page 1 of 1 44.065 Reciprocal agreements to offset claim of any person against the Commonwealth to debt of that person owed to any federal, state, or local
government. (1) Notwithstanding any other provision of the Kentucky Revised Statutes, and pursuant to the provisions of 31 U.S.C. sec. 3716(b) and (h)(1), the Finance and
Administration Cabinet, at the request of any executive, judicial, or legislative
agency of the Commonwealth, may enter into a reciprocal agreement with the
United States government to offset the claim of any person against the
Commonwealth to any debt of that person owed to the United States government
which has been certified by the United States government as final, due, and owing,
with all appeals and legal actions having been waived or exhausted, and to offset
any nontax claim of any person against the United States government to any
liquidated debt of that person owed to the Commonwealth. (2) Notwithstanding any other provision of the Kentucky Revised Statutes, the Finance and Administration Cabinet, at the request of any executive, judicial, or legislative
agency of the Commonwealth, may enter into a reciprocal agreement with any state,
as defined in KRS 446.010(31), to offset the claim of any person against the
Commonwealth to any debt of that person owed to any state which has certified the
debt as final, due, and owing, with all appeals and legal actions having been waived
or exhausted, and to offset any claim of any person against any state to any
liquidated debt of that person owed to the Commonwealth. (3) In the case of multiple creditors who have certified liquidated debt against the same person on a claim against the Commonwealth, pursuant to this section and KRS
44.030, the debts of the Commonwealth, counties, cities, urban-county
governments, consolidated local governments, and charter county governments shall
be credited first in the priority established in KRS 44.030, and if there is any
balance due the claimant after settling the whole demands of the Commonwealth,
counties, cities, urban-county governments, consolidated local governments, and
charter county governments, the balance shall be credited to the liquidated debts
certified by the United States government and any other state, as defined in KRS
446.010(31), in the order that the claims were filed with the Treasury. If there is a
balance due the claimant after satisfaction of all liquidated debts as itemized in this
section or any court-ordered payments, the balance shall be paid to the claimant. Effective: April 25, 2006
History: Created 2006 Ky. Acts ch. 252, Pt. XVI, sec. 2, effective April 25, 2006.
Legislative Research Commission Note (4/25/2006). This statute, as created by 2006 Ky. Acts ch. 252, Pt. XVI. sec. 2, contained internal references in subsections (2) and
(3) to "KRS 446.010(30)." Under KRS 7.136(1)(e), these references have been
changed in codification to "KRS 446.010(31)" by the Reviser of Statutes to reflect
the insertion of a new subsection (24) in KRS 446.020 and the resulting renumbering
of succeeding subsections in 2006 Ky. Acts ch. 149, sec. 237.