45.795 Determinations to be made in reviewing projects -- Request for Legislative
Research Commission to seek injunction.
(1) In reviewing a project, the committee shall determine whether the project has met
all the relevant requirements of: <br>(a) KRS 45.750 to 45.816; <br>(b) KRS 56.800 to 56.823; and <br>(c) Any other statutes relating to the committee's oversight of:
1.
Capital projects;
2.
The allotment and expenditure of funds from the emergency repair, <br>maintenance, and replacement account and the capital construction and <br>equipment purchase contingency account;
3.
The state's acquisition of capital assets, including the lease of real <br>property;
4.
The issuance of bonds by the Commonwealth, and the related individual <br>projects; and
5.
Bonds issued by or on behalf of local school districts.
(2) If the committee determines that any of the requirements in subsection (1) of this
section have not been met, the committee may, by majority vote, request that the <br>Legislative Research Commission file a civil court proceeding to seek an injunction <br>to prohibit further action on the capital project, the acquisition of the capital asset, <br>the initiation or modification of the lease of real property, the bond issue, or the <br>allotment or expenditure of funds from the capital construction emergency or <br>contingency accounts.
(3) The committee may take action requesting the Legislative Research Commission to
seek an injunction before, during, or after its compliance with the provisions of <br>KRS 45.800(2) or KRS 45.810(3), where applicable.
Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 23, sec. 1, effective July 15, 1994.
45.795 Determinations to be made in reviewing projects -- Request for Legislative
Research Commission to seek injunction.
(1) In reviewing a project, the committee shall determine whether the project has met
all the relevant requirements of: <br>(a) KRS 45.750 to 45.816; <br>(b) KRS 56.800 to 56.823; and <br>(c) Any other statutes relating to the committee's oversight of:
1.
Capital projects;
2.
The allotment and expenditure of funds from the emergency repair, <br>maintenance, and replacement account and the capital construction and <br>equipment purchase contingency account;
3.
The state's acquisition of capital assets, including the lease of real <br>property;
4.
The issuance of bonds by the Commonwealth, and the related individual <br>projects; and
5.
Bonds issued by or on behalf of local school districts.
(2) If the committee determines that any of the requirements in subsection (1) of this
section have not been met, the committee may, by majority vote, request that the <br>Legislative Research Commission file a civil court proceeding to seek an injunction <br>to prohibit further action on the capital project, the acquisition of the capital asset, <br>the initiation or modification of the lease of real property, the bond issue, or the <br>allotment or expenditure of funds from the capital construction emergency or <br>contingency accounts.
(3) The committee may take action requesting the Legislative Research Commission to
seek an injunction before, during, or after its compliance with the provisions of <br>KRS 45.800(2) or KRS 45.810(3), where applicable.
Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 23, sec. 1, effective July 15, 1994.
45.795 Determinations to be made in reviewing projects -- Request for Legislative
Research Commission to seek injunction.
(1) In reviewing a project, the committee shall determine whether the project has met
all the relevant requirements of: <br>(a) KRS 45.750 to 45.816; <br>(b) KRS 56.800 to 56.823; and <br>(c) Any other statutes relating to the committee's oversight of:
1.
Capital projects;
2.
The allotment and expenditure of funds from the emergency repair, <br>maintenance, and replacement account and the capital construction and <br>equipment purchase contingency account;
3.
The state's acquisition of capital assets, including the lease of real <br>property;
4.
The issuance of bonds by the Commonwealth, and the related individual <br>projects; and
5.
Bonds issued by or on behalf of local school districts.
(2) If the committee determines that any of the requirements in subsection (1) of this
section have not been met, the committee may, by majority vote, request that the <br>Legislative Research Commission file a civil court proceeding to seek an injunction <br>to prohibit further action on the capital project, the acquisition of the capital asset, <br>the initiation or modification of the lease of real property, the bond issue, or the <br>allotment or expenditure of funds from the capital construction emergency or <br>contingency accounts.
(3) The committee may take action requesting the Legislative Research Commission to
seek an injunction before, during, or after its compliance with the provisions of <br>KRS 45.800(2) or KRS 45.810(3), where applicable.
Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 23, sec. 1, effective July 15, 1994.
