160.485 Occupational license fees, adoption -- Referendum procedure. - Kentucky Statutes

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160.485 Occupational license fees, adoption -- Referendum procedure. (1) The imposition of license fees authorized hereby shall be by order or resolution of the fiscal court. There shall be no more than one (1) order or resolution passed in
any one (1) calendar year. In the case of license fees required to be imposed
pursuant to subsection (2) of KRS 160.484, the fiscal court shall make the order or
resolution within ten (10) days following receipt of the first request which makes
subsection (2) of KRS 160.484 effective. (2) (a) The order or resolution of the fiscal court imposing license fees pursuant to subsections (1), (2), or (4) of KRS 160.484 shall go into effect forty-five (45)
days after its passage. (b) During the forty-five (45) days next following the passage of the order or resolution, any five (5) qualified voters who reside in the county may
commence petition proceedings to protest the passage of the order or
resolution by filing with the county clerk an affidavit stating that they
constitute the petition committee and that they will be responsible for
circulating the petition and filing it in the proper form within forty-five (45)
days from the passage of the order or resolution. The affidavit shall state their
names and addresses and specify the address to which all notices to the
committee are to be sent. Upon receipt of the affidavit, the county clerk shall:
1. At the time of filing of the affidavit, notify the petition committee of all
statutory requirements for the filing of a valid petition under this section; 2. At the time of the filing of the affidavit, notify the petition committee
that the clerk will publish a notice identifying the tax levy being
challenged and providing the names and addresses of the petition
committee in a newspaper of general circulation within the county, if
such publication exists, if the petition committee remits an amount equal
to the cost of publishing the notice determined in accordance with the
provisions of KRS 424.160 at the time of the filing of the affidavit. If
the petition committee elects to have the notice published, the clerk shall
publish the notice within five (5) days of receipt of the affidavit; and 3. Deliver a copy of the affidavit to the fiscal court and the impacted school
districts. (c) The petition shall be filed with the county clerk within forty-five (45) days of the passage of the order or resolution. All papers of the petition shall be
uniform in size and style and shall be assembled in one (1) instrument for
filing. Each sheet of the petition shall contain the names of voters from one
(1) voting precinct only, and shall include the name, number and designation
of the precinct in which the voters signing the petition live. The inclusion of
an invalid signature on a page shall not invalidate the entire page of the
petition, but shall instead result in the invalid signature being stricken and not
counted. Each signature shall be executed in ink or indelible pencil and shall
be followed by the printed name, street address, and Social Security number or
birthdate of the person signing. The petition shall be signed by a number of
registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding
presidential election. (d) Upon the filing of the petition with the county clerk, the order or resolution shall be suspended until after the election referred to in subsection (3) of this
section is held, or until the petition is finally determined to be insufficient and
no further action may be taken pursuant to paragraph (h) of this subsection. (e) The clerk shall immediately notify the fiscal court and the impacted school districts that the petition has been received and shall, within thirty (30) days of
the receipt of the petition, make a determination of whether the petition
contains enough signatures of qualified voters to place the order or resolution
before the voters. (f) If the county clerk finds the petition to be sufficient, the clerk shall certify to the petition committee, the fiscal court, and the impacted school boards within
the thirty (30) day period provided for in paragraph (e) of this subsection that
the petition is properly presented and in compliance with the provisions of this
section, and that the order or resolution levying the tax will be placed before
the voters for approval. (g) If the county clerk finds the petition to be insufficient, the clerk shall, within the thirty (30) day period provided for in paragraph (e) of this subsection,
notify, in writing, the petition committee, the fiscal court and the impacted
school districts of the specific deficiencies found. Notification shall be sent by
certified mail and shall be published at least one (1) time in a newspaper of
general circulation within the county or, if there is no such newspaper, shall be
posted at the courthouse door. (h) A final determination of the sufficiency of a petition shall be subject to final review by the Circuit Court of the county and shall be limited to the validity of
the county clerk's determination. Any petition challenging the county clerk's
final determination shall be filed within ten (10) days of the issuance of the
clerk's final determination. (3) Upon validation of the petition, the fiscal court shall submit to the voters of the county at the next regular election or called common school district election, which
shall be held not less than thirty-five (35) days nor more than forty-five (45) days
from the date the signatures on the petition are validated by the county clerk, the
question as to whether the license fees for common school purposes shall be levied.
Any called common school election shall comply with the provisions of KRS
118.025. If the election is held in conjunction with a regular election, the question
shall be submitted to the county clerk not later than the second Tuesday in August
preceding the regular election. The question shall be so framed that the voter may
by his vote answer, "for" or "against." If a majority of the votes cast upon the
question oppose its passage, the order or resolution shall not go into effect. If a
majority of the votes cast upon the question favor its passage, the order or resolution
shall go into effect. (4) License fees imposed pursuant to KRS 160.482 to 160.488 shall become effective on the date specified in the order or resolution, but no later than the first day of the
calendar year first beginning after the day the order or resolution is made. Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 121, sec. 3, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 195, sec. 57, effective July 15, 1996. -- Repealed and reenacted
1990 Ky. Acts ch. 476, Pt. V, sec. 445, effective July 13, 1990. -- Amended 1982
Ky. Acts ch. 217, sec. 3, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384,
sec. 47, effective June 17, 1978. -- Created 1965 (1st Extra. Sess.) Ky. Acts ch. 2,
sec. 19. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 121, sec. 6, provides: "The provisions of this Act shall apply to ordinances, orders, resolutions or
motions passed after July 15, 2005."