SB 141

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1AN ACT relating to legal advertisements.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 424.110 is amended to read as follows:
4 As used in KRS 424.110 to 424.370:
5 (1)     "Advertisement" means any matter required by law to be published;
6 (2)     "Publication area" means the city, county, district, or other local area for which an
7advertisement is required by law to be made. An advertisement shall be deemed to
8be for a particular city, county, district, or other local area if it concerns an official
9activity of the city, county, district, or other area or of any governing body, board,
10commission, officer, agency, or court thereof, or if the subject of the advertisement
11concerns particularly the people of the city, county, district, or other area;
12 (3)[(2)]        "Published statement of ownership" means the current United States Postal
13Service Form PS 3526, or successor form, filed by a print newspaper with the
14United States Postal Service on or before October 1 of each year[ "Advertisement"
15means any matter required by law to be published]; and
16 (4)[(3)]        "Zoned edition" means a newspaper edition published at least once a week,
17distributed in a specific geographic region of the newspaper's circulation area, and
18containing reporting and advertising of interest to subscribers in that geographic
19region.
20Section 2. KRS 424.120 is amended to read as follows:
21 (1)     Except as provided in subsections (2) and (4) of this section, if an advertisement for
22a publication area is required by law to be published in a newspaper, the publication
23shall be made in a newspaper that meets the following requirements:
24(a)     It shall be published in the publication area. A newspaper shall be deemed to
25be published in the area if it maintains an[its principal] office in the area for
26the purpose of gathering news and soliciting advertisements and other general
27business of newspaper publications, and has a periodicals class mailing permit
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1issued for that office. A newspaper published outside of Kentucky shall not be
2eligible to carry advertisements for any county or publication area within the
3county, other than for the city in which its main office is located, if there is a
4newspaper published in the county that has a substantial general circulation
5throughout the county and that otherwise meets the requirements of this
6section;
7(b)     It shall be of regular issue and have a bona fide circulation in the publication
8area. A newspaper shall be deemed to be of regular issue if it is published at
9least once a week, for at least fifty (50) weeks during the calendar year as
10prescribed by its mailing permit, and has been so published in the area for the
11immediately preceding two (2) year period. A newspaper meeting all the
12criteria to be of regular issue, except publication in the area for the
13immediately preceding two (2) year period, shall be deemed to be of regular
14issue if it is the only qualified paper in the county. A newspaper shall be
15deemed to be of bona fide circulation in the publication area if it is circulated
16generally in the area, and maintains a definite price or consideration not less
17than fifty percent (50%) of its published price, and is paid for by not less than
18fifty percent (50%) of those to whom distribution is made;
19(c)     It shall bear a title or name, consist of not less than four (4) pages without a
20cover, and be of a type to which the general public resorts for passing events
21of a political, religious, commercial, and social nature, and for current
22happenings, announcements, miscellaneous reading matter, advertisements,
23and other notices. The news content shall be at least twenty-five percent
24(25%) of the total column space in more than one-half (1/2) of its issues
25during any twelve (12) month period;
26(d)     If, in a publication area there is more than one (1) newspaper which meets the
27above requirements, the newspaper that produces and distributes a printed
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1edition that is circulated within the publication area and is available for
2paid public subscription or purchase shall be[having the largest bona fide
3paid circulation as shown by the average number of paid copies of each issue
4as shown in its published statement of ownership as filed on October 1 for the
5publication area shall be] the newspaper where advertisements required by
6law to be published shall be carried. If two (2) or more printed newspapers
7serve the same publication area, the required advertisements shall be
8published in the newspaper that has the highest total number of paid
9subscribers, determined by adding:
101.      The number of print product subscribers and single copy sales within
11the publication area multiplied by two (2), as reported in the
12newspaper's published statement of ownership; and
132.      The total number of paid digital product subscribers who receive
14content in the publication area, as reported in the newspaper's
15published statement of ownership; and
16(e)     For the purposes of KRS Chapter 424, publishing shall be considered as the
17total recurring processes of producing the newspaper, embracing all of the
18included contents of reading matter, illustrations, and advertising enumerated
19in paragraphs (a) to (d) of this subsection. A newspaper shall not be excluded
20from qualifying for the purposes of legal publications as provided in this
21chapter if its printing or reproduction processes take place outside the
22publication area.
23 (2)     (a)     If, in the case of a publication area smaller than the county in which it is
24located, there is no newspaper published in the area, the publication shall be
25made in a newspaper published in the county that is qualified under this
26section to publish advertisements for the county. If the qualified newspaper
27publishes a zoned edition which is distributed to regular subscribers within the
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1publication area, any advertisement required by law to be published in the
2publication area may be published in the zoned edition distributed in that area.
3(b)     1.      If, in any county there is no newspaper meeting the requirements of this
4section       for      publishing   advertisements   for   that    county,   any
5advertisements required to be published for the county or for any
6publication area within the county shall be published in a newspaper
7qualified under subsection (1) of this section[of the largest bona fide
8circulation] in that county published in and qualified to publish
9advertisements for an adjoining similarly-sized county in Kentucky.
102.      If there is no newspaper qualified to publish advertisements in an
11adjoining similarly-sized county, the county and any government or
12government agency required to make a publication may use the
13alternative publication procedures provided in KRS 424.145 and
14satisfy the requirements of KRS 424.145(4) by publishing the notice
15advertisement in the newspaper with the greatest bona fide circulation
16in the county, regardless of the location of the newspaper.
173.      As used in this paragraph, "adjoining similarly-sized county" means a
18county adjoining the county of publication that contains a population
19of no greater than one hundred fifty percent (150%) and no less than
20fifty percent (50%) of the population of the county of publication.
214.      This subsection is intended to supersede any statute that provides or
22contemplates that newspaper publication may be dispensed with if there
23is no newspaper printed or published or of general circulation in the
24particular publication area.
25(c)     Any newspaper responsible for publishing required advertising under this
26subsection shall:
271.      Publish the advertisement in accordance with Section 4 of this Act in
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1the first print edition of the newspaper occurring after the receipt of
2information from the government or government agency required to
3publish the advertisement or within seven (7) days of receipt of the
4advertisement, whichever occurs first;
52.      Publish and display, at no additional cost to the government or
6government agency, the advertisement as submitted by the government
7or government agency on a website operated by or for the newspaper
8within twenty-four (24) hours of its receipt, excluding Saturday,
9Sunday, and any federally recognized holiday. The newspaper shall
10provide written or email confirmation to the submitting government or
11government agency of the date and time of posting;
123.      Submit, within twenty-four (24) hours, excluding Saturday, Sunday,
13and any federally recognized holiday, of receipt of information from
14the government or government agency required to publish the
15advertisement, the advertisement to a publicly accessible website
16hosted and maintained by the Kentucky Press Association, or, in the
17event of its dissolution or corporate reorganization, its successor or
18competitor organization having the largest membership of newspapers
19published in Kentucky and whose principal business office is located
20in Kentucky, to be published on the website at no additional cost to the
21government or government agency. The website shall provide a
22repository of all such public notices from newspapers and shall be
23easily searchable by criteria, including but not limited to topic and
24location; and
254.      As a condition precedent to remaining qualified under this section to
26publish advertisements, promote the statewide website referenced
27under subparagraph 3. of this paragraph at least four (4) times
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1annually.
2(d)     Except as provided in KRS 424.145 or subsection (4) of this section, for
3purposes of satisfying the time requirement for publication provided under
4this chapter or any other provision of law, the effective publication date for
5a public notice or public advertisement shall be the date it is first published
6to the newspaper's website under paragraph (c)2. of this subsection or
7posted on the publicly accessible website pursuant to paragraph (c)3. of this
8subsection, whichever occurs first.
9 (3)     If a publication area consists of a district, other than a city, which extends into more
10than one (1) county, the part of the district in each county shall be considered to be
11a separate publication area for the purposes of this section, and an advertisement for
12each separate publication area shall be published in a newspaper qualified under
13this section to publish advertisements for the area.
14 (4)     If an advertisement for a publication area is required by law to be published in a
15newspaper, the publication may, alternatively, be made in a paid subscription
16model digital newspaper that:
17(a)     Maintains an active news gathering office in the publication area;
18(b)     Has been actively publishing for at least one (1) year, and is updated on at
19least a weekly basis;
20(c)     Has as its primary purpose reporting on matters of import to the public, and
21contains regular reporting regarding local and community issues in the
22publication area;
23(d)     Is easily accessible to the public through common Internet search engines or
24other Internet search means;
25(e)     Contains conspicuous links or headings on its landing page that direct
26members of the public to public notices;[ and]
27(f)     Qualifies to upload or submit its public notices to the public notice website
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1hosted and maintained by the Kentucky Press Association, or, in the event
2of its dissolution or corporate reorganization, its successor or competitor
3organization having the largest membership of newspapers published in
4Kentucky and whose principal business office is located in Kentucky; and
5(g)     Distributes, or has ownership interest in another entity that distributes,
6newspapers printed in Kentucky, and is capable of circulating printed
7newspapers throughout the publication area.
8For purposes of satisfying publication requirements of this chapter, an
9advertisement is deemed to be published on the date that it is posted on the website
10of the digital newspaper, unless the advertisement is occurring under KRS
11424.145. Any other statute requiring newspaper publication that contains
12requirements related to the physical dimensions, typesetting, font, or other aspects
13particular to a printed newspaper are not applicable where the advertisement is
14made in a digital newspaper that qualifies under this subsection.
15Section 3. KRS 424.147 is amended to read as follows:
16 (1)     If a newspaper qualified under KRS 424.120 either makes an error or fails in time
17or substance to make a publication in accordance with KRS 424.130 or 424.140
18after receiving the information to be published, a city or county affected thereby
19may, after it has notice of the error or failure and to avoid undue delay of
20governmental process and procedure, remedy the error or failure by causing the
21publication to occur on a notice website[Web site] as defined in KRS 424.145.
22 (2)     Notwithstanding the time requirements imposed by KRS 424.130, a city or county
23publishing to remedy an error or failure of a newspaper under subsection (1) of this
24section shall immediately cause the publication of the matter on a notice
25website[Web site], and this remedial website[Web site] publication shall be deemed
26in full compliance with the requirements of this chapter or any other statute
27prescribing the timing or manner of publication.
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1Section 4. KRS 424.160 is amended to read as follows:
2 (1)     For all newspaper advertising required by law, the publisher is entitled to receive
3payment for each insertion at a rate per column inch. The advertisement shall be set
4in no larger than seven (7) point type on solid leading. The rate shall not exceed the
5lowest noncontract classified rate paid by advertisers or the lowest advertising rate
6as provided in KRS 424.215, whichever is less. The terms and conditions of any
7volume discounts given to commercial customers shall be extended to public
8agencies of the Commonwealth of Kentucky. Any contractual terms offered to
9other advertisers shall also be offered to the public agencies of the
10Commonwealth. Newspapers shall give all local public agencies a written notice of
11at least thirty (30) days of an advertising rate increase.
12 (2)     If by law or by the nature of the matter to be published, a display form of
13advertisement is required, or if the person or officer responsible for causing an
14advertisement to be published determines in his discretion that a display form is
15practicable or feasible, and so directs the newspaper, the advertisement shall be
16published in display form[ and the newspaper shall be entitled to receive its
17established display rate]. The rate charged by the newspaper shall be the lowest
18advertising rate as provided in KRS 424.215 and shall be subject to any volume
19discounts given to commercial customers.
20 (3)     If it is provided by statute that an advertisement shall be published of the filing of a
21petition or application seeking official action, the filing, if required by other than a
22governmental official or agency, shall not be deemed complete unless there is
23deposited with the petition or application an amount sufficient to pay the cost of
24publication.
25 (4)     The expense of advertisements in judicial proceedings shall be taxed as costs by the
26clerk of the court.
27Section 5. KRS 132.027 is amended to read as follows:
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1 (1)     No city or urban-county government shall levy a tax rate which exceeds the
2compensating tax rate defined in KRS 132.010 until the city or urban-county
3government has complied with the provisions of subsection (2) of this section.
4 (2)     (a)     Cities or urban-county governments proposing to levy a tax rate which
5exceeds the compensating tax rate defined in KRS 132.010 shall hold a public
6hearing to hear comments from the public regarding the proposed tax rate.
7The hearing shall be held in the principal office of the taxing district, or, in the
8event the taxing district has no office, or the office is not suitable for a
9hearing, the hearing shall be held in a suitable facility as near as possible to
10the geographic center of the district.
11(b)     The city or urban-county government shall advertise the hearing by causing to
12be published at least twice in two (2) consecutive weeks, in a[the] newspaper
13qualified under Section 2 of this Act[of largest circulation in the county],
14an[a display type] advertisement of [not less than twelve (12) column inches,
15]the following:
161.      The tax rate levied in the preceding year, and the revenue produced by
17that rate;
182.      The tax rate proposed for the current year and the revenue expected to
19be produced by that rate;
203.      The compensating tax rate and the revenue expected from it;
214.      The revenue expected from new property and personal property;
225.      The general areas to which revenue in excess of the revenue produced in
23the preceding year is to be allocated;
246.      A time and place for the public hearing which shall be held not less than
25seven (7) days nor more than twenty-one (21)[ten (10)] days after the
26day the second advertisement is published;
277.      The purpose of the hearing; and
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18.      A statement to the effect that the General Assembly has required
2publication of the advertisement and the information contained therein.
3(c)     In lieu of the two (2) published notices, a single notice containing the required
4information may be sent by first-class mail to each person owning real
5property in the taxing district, addressed to the property owner at his residence
6or principal place of business as shown on the current year property tax roll.
7(d)     The hearing shall be open to the public. All persons desiring to be heard shall
8be given an opportunity to present oral testimony. The taxing district may set
9reasonable time limits for testimony.
10 (3)     (a)     That portion of a tax rate levied by an action of a city or urban-county
11government which will produce revenue from real property, exclusive of
12revenue from new property, more than four percent (4%) over the amount of
13revenue produced by the compensating tax rate defined in KRS 132.010 shall
14be subject to a recall vote or reconsideration by the taxing district, as provided
15for in KRS 132.017, and shall be advertised as provided for in paragraph (b)
16of this subsection.
17(b)     The city or urban-county government shall, within seven (7) days following
18adoption of an ordinance to levy a tax rate which will produce revenue from
19real property, exclusive of revenue from new property as defined in KRS
20132.010, more than four percent (4%) over the amount of revenue produced
21by the compensating tax rate defined in KRS 132.010, cause to be published,
22in a[the] newspaper qualified under Section 2 of this Act[of largest
23circulation in the county], an[a display type] advertisement of [not less than
24twelve (12) column inches ]the following:
251.      The fact that the city or urban-county government has adopted a rate;
262.      The fact that the part of the rate which will produce revenue from real
27property, exclusive of new property as defined in KRS 132.010, in
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1excess of four percent (4%) over the amount of revenue produced by the
2compensating tax rate defined in KRS 132.010 is subject to recall, and
33.      The name, address, and telephone number of the county clerk of the
4county or urban-county in which the taxing district is located, with a
5notation to the effect that that official can provide the necessary
6information about the petition required to initiate recall of the tax rate.
7Section 6. KRS 68.245 is amended to read as follows:
8 (1)     The property valuation administrator shall submit an official estimate of real and
9personal property and new property assessment as defined in KRS 132.010, to the
10county judge/executive by April 1 of each year.
11 (2)     No county fiscal court shall levy a tax rate, excluding any special tax rate which
12may be levied at the request of a county community improvement district pursuant
13to KRS 107.350 and 107.360, following a favorable vote upon such tax by the
14voters of that county, which exceeds the compensating tax rate defined in KRS
15132.010, until the taxing district has complied with the provisions of subsection (5)
16of this section.
17 (3)     The state local finance officer shall certify to each county judge/executive, by June
1830 of each year, the following:
19(a)     The compensating tax rate, as defined in KRS 132.010, and the amount of
20revenue expected to be produced by it;
21(b)     The tax rate which will produce no more revenue from real property,
22exclusive of revenue from new property, than four percent (4%) over the
23amount of revenue produced by the compensating tax rate defined in KRS
24132.010 and the amount of revenue expected to be produced by it.
25 (4)     Real and personal property assessment and new property determined in accordance
26with KRS 132.010 shall be certified to the state local finance officer by the
27Department of Revenue upon completion of action on property assessment data.
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1 (5)     (a)     A county fiscal court, proposing to levy a tax rate, excluding any special tax
2rate which may be levied at the request of a county community improvement
3district pursuant to KRS 107.350 and 107.360, following a favorable vote
4upon the tax by the voters of that county, which exceeds the compensating tax
5rate defined in KRS 132.010, shall hold a public hearing to hear comments
6from the public regarding the proposed tax rate. The hearing shall be held in
7the principal office of the taxing district, or, in the event the taxing district has
8no office, or the office is not suitable for a hearing, the hearing shall be held in
9a suitable facility as near as possible to the geographic center of the district.
10(b)     County fiscal courts of counties containing a city of the first class proposing
11to levy a tax rate, excluding any special tax rate which may be levied at the
12request of a county community improvement district pursuant to KRS
13107.350 and 107.360, following a favorable vote upon the tax by the voters of
14that county, which exceeds the compensating tax rate defined in KRS
15132.010, shall hold three (3) public hearings to hear comments from the
16public regarding the proposed tax rate. The hearings shall be held in three (3)
17separate locations; each location shall be determined by dividing the county
18into three (3) approximately equal geographic areas, and identifying a suitable
19facility as near as possible to the geographic center of each area.
20(c)     The county fiscal court shall advertise the hearing by causing to be published
21at least twice in two (2) consecutive weeks, in a[the] newspaper qualified
22under Section 2 of this Act[of largest circulation in the county], an[a display
23type] advertisement of [not less than twelve (12) column inches, ]the
24following:
251.      The tax rate levied in the preceding year, and the revenue produced by
26that rate;
272.      The tax rate proposed for the current year and the revenue expected to
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1be produced by that rate;
23.      The compensating tax rate and the revenue expected from it;
34.      The revenue expected from new property and personal property;
45.      The general areas to which revenue in excess of the revenue produced in
5the preceding year is to be allocated;
66.      A time and place for the public hearings which shall be held not less
7than seven (7) days nor more than twenty-one (21)[ten (10)] days, after
8the day that the second advertisement is published;
97.      The purpose of the hearing; and
108.      A statement to the effect that the General Assembly has required
11publication of the advertisement and the information contained therein.
12(d)     In lieu of the two (2) published notices, a single notice containing the required
13information may be sent by first-class mail to each person owning real
14property, addressed to the property owner at his residence or principal place
15of business as shown on the current year property tax roll.
16(e)     The hearing shall be open to the public. All persons desiring to be heard shall
17be given an opportunity to present oral testimony. The county fiscal court may
18set reasonable time limits for testimony.
19 (6)     (a)     That portion of a tax rate, excluding any special tax rate which may be levied
20at the request of a county community improvement district pursuant to KRS
21107.350 and 107.360, following a favorable vote upon a tax by the voters of
22that county, levied by an action of a county fiscal court which will produce
23revenue from real property, exclusive of revenue from new property, more
24than four percent (4%) over the amount of revenue produced by the
25compensating tax rate defined in KRS 132.010 shall be subject to a recall vote
26or reconsideration by the taxing district, as provided for in KRS 132.017, and
27shall be advertised as provided for in paragraph (b) of this subsection.
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1(b)     The county fiscal court shall, within seven (7) days following adoption of an
2ordinance to levy a tax rate, excluding any special tax rate which may be
3levied at the request of a county community improvement district pursuant to
4KRS 107.350 and 107.360, following a favorable vote upon a tax by the
5voters of that county, which will produce revenue from real property,
6exclusive of revenue from new property as defined in KRS 132.010, more
7than four percent (4%) over the amount of revenue produced by the
8compensating tax rate defined in KRS 132.010, cause to be published, in
9a[the] newspaper qualified under Section 2 of this Act[of largest circulation
10in the county], an[a display type] advertisement of [not less than twelve (12)
11column inches ]the following:
121.      The fact that the county fiscal court has adopted a rate;
132.      The fact that the part of the rate which will produce revenue from real
14property, exclusive of new property as defined in KRS 132.010, in
15excess of four percent (4%) over the amount of revenue produced by the
16compensating tax rate defined in KRS 132.010 is subject to recall; and
173.      The name, address, and telephone number of the county clerk, with a
18notation to the effect that that official can provide the necessary
19information about the petition required to initiate recall of the tax rate.
20Section 7. KRS 132.023 is amended to read as follows:
21 (1)     No special purpose governmental entity shall levy a tax rate which exceeds the
22compensating tax rate until the taxing district has complied with the provisions of
23KRS 65A.110 and subsection (2) of this section.
24 (2)     (a)     A special purpose governmental entity proposing to levy a tax rate which
25exceeds the compensating tax rate shall submit the proposed rate as required
26by KRS 65A.110 and shall hold a public hearing to hear comments from the
27public regarding the proposed tax rate. The hearing shall be held in the same
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1location where the governing body of the city or county where the largest
2number of citizens served by the special purpose governmental entity reside
3meets, and shall be held immediately before a regularly scheduled meeting of
4that governing body.
5(b)     The special purpose governmental entity shall advertise the hearing by
6causing to be published at least twice in two (2) consecutive weeks, in a[the]
7newspaper qualified under Section 2 of this Act[of largest circulation in the
8county], an[a display type] advertisement of [not less than twelve (12) column
9inches, ]the following:
101.      The tax rate levied in the preceding year, and the revenue produced by
11that rate;
122.      The tax rate proposed for the current year and the revenue expected to
13be produced by that rate;
143.      The compensating tax rate and the revenue expected from it;
154.      The revenue expected from new property and personal property;
165.      The general areas to which revenue in excess of the revenue produced in
17the preceding year is to be allocated;
186.      A time and place for the public hearing which shall be held not less than
19seven (7) days, nor more than twenty-one (21)[ten (10)] days, after the
20day that the second advertisement is published;
217.      The purpose of the hearing; and
228.      A statement to the effect that the General Assembly has required
23publication of the advertisement and the information contained therein.
24(c)     In lieu of the two (2) published notices, a single notice containing the required
25information may be sent by first-class mail to each person owning real
26property in the special purpose governmental entity, addressed to the property
27owner at his residence or principal place of business as shown on the current
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1year property tax roll.
2(d)     The hearing shall be open to the public. All persons desiring to be heard shall
3be given an opportunity to present oral testimony. The special purpose
4governmental entity may set reasonable time limits for testimony.
5 (3)     (a)     That portion of a tax rate levied by an action of a special purpose
6governmental entity which will produce revenue from real property, exclusive
7of revenue from new property, more than four percent (4%) over the amount
8of revenue produced by the compensating tax rate shall be subject to a recall
9vote or reconsideration by the special purpose governmental entity, as
10provided for in KRS 132.017, and shall be advertised as provided in
11paragraph (b) of this subsection.
12(b)     The special purpose governmental entity shall, within seven (7) days
13following adoption of an ordinance, order, resolution, or motion to levy a tax
14rate which will produce revenue from real property, exclusive of revenue from
15new property, more than four percent (4%) over the amount of revenue
16produced by the compensating tax rate, cause to be published, in a[the]
17newspaper qualified under Section 2 of this Act[of largest circulation in the
18county], an[a display type] advertisement of [not less than twelve (12) column
19inches ]the following:
201.      The fact that the taxing district has adopted a rate;
212.      The fact that the part of the rate which will produce revenue from real
22property, exclusive of new property, in excess of four percent (4%) over
23the amount of revenue produced by the compensating tax rate is subject
24to recall; and
253.      The name, address, and telephone number of the county clerk of the
26county in which the special purpose governmental entity is located, with
27a notation to the effect that that official can provide the necessary
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1information about the petition required to initiate recall of the tax rate.
2Section 8. KRS 160.470 is amended to read as follows:
3 (1)     (a)     Notwithstanding any statutory provisions to the contrary, no district board of
4education shall levy a general tax rate which will produce more revenue,
5exclusive of revenue from net assessment growth as defined in KRS 132.010,
6than would be produced by application of the general tax rate that could have
7been levied in the preceding year to the preceding year's assessment, except as
8provided in subsections (9) and (10) of this section and KRS 157.440.
9(b)     If an election is held as provided for in KRS 132.017 and the question should
10fail, such failure shall not reduce the "...general tax rate that could have been
11levied in the preceding year...," referred to in subsection (1)(a) of this section,
12for purposes of computing the general tax rate for succeeding years.
13In the event of a merger of school districts, the limitations contained in this section
14shall be based upon the combined revenue of the merging districts, as computed
15under the provisions of this section.
16 (2)     No district board of education shall levy a general tax rate within the limits imposed
17in subsection (1) of this section which respectively exceeds the compensating tax
18rate defined in KRS 132.010, except as provided in subsections (9) and (10) of this
19section, KRS 157.440, and KRS 157.621, until the district board of education has
20complied with the provisions of subsection (7) of this section.
21 (3)     Upon receipt of property assessments from the Department of Revenue, the
22commissioner of education shall certify the following to each district board of
23education:
24(a)     The general tax rate that a district board of education could levy under the
25provisions of subsection (1) of this section, and the amount of revenue
26expected to be produced;
27(b)     The compensating tax rate as defined in KRS 132.010 for a district's general
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1tax rate the amount of revenue expected to be produced;
2(c)     The general tax rate which will produce, respectively, no more revenue from
3real property, exclusive of revenue from new property, than four percent (4%)
4over the amount of revenue produced by the compensating tax rate defined in
5KRS 132.010, and the amount of revenue expected to be produced.
6 (4)     Upon completion of action on property assessment data, the Department of
7Revenue shall submit certified property assessment data as required in KRS
8133.125 to the chief state school officer.
9 (5)     Within thirty (30) days after the district board of education has received its
10assessment data, the rates levied shall be forwarded to the Kentucky Board of
11Education for its approval or disapproval. The failure of the district board of
12education to furnish the rates within the time prescribed shall not invalidate any
13levy made thereafter.
14 (6)     (a)     Each district board of education shall, on or before January 31 of each
15calendar year, formally and publicly examine detailed line item estimated
16revenues and proposed expenditures for the subsequent fiscal year. On or
17before May 30 of each calendar year, each district board of education shall
18adopt a tentative working budget which shall include a minimum reserve of
19two percent (2%) of the total budget.
20(b)     Each district board of education shall submit to the Kentucky Board of
21Education no later than September 30, a close estimate or working budget
22which shall conform to the administrative regulations prescribed by the
23Kentucky Board of Education.
24 (7)     (a)     Except as provided in subsections (9) and (10) of this section and KRS
25157.440, a district board of education proposing to levy a general tax rate
26within the limits of subsection (1) of this section which exceed the
27compensating tax rate defined in KRS 132.010 shall hold a public hearing to
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1hear comments from the public regarding the proposed tax rate. The hearing
2shall be held in the principal office of the taxing district or, in the event the
3taxing district has no office, or the office is not suitable for such a hearing, the
4hearing shall be held in a suitable facility as near as possible to the geographic
5center of the district.
6(b)     The district board of education shall advertise the hearing by causing the
7following to be published at least twice for two (2) consecutive weeks, in
8a[the] newspaper qualified under Section 2 of this Act[of largest circulation
9in the county], an[a display type] advertisement of [not less than twelve (12)
10column inches]:
111.      The general tax rate levied in the preceding year, and the revenue
12produced by that rate;
132.      The general tax rate for the current year, and the revenue expected to be
14produced by that rate;
153.      The compensating general tax rate, and the revenue expected from it;
164.      The revenue expected from new property and personal property;
175.      The general areas to which revenue in excess of the revenue produced in
18the preceding year is to be allocated;
196.      A time and place for the public hearing which shall be held not less than
20seven (7) days nor more than twenty-one (21)[ten (10)] days after the
21day that the second advertisement is published;
227.      The purpose of the hearing; and
238.      A statement to the effect that the General Assembly has required
24publication of the advertisement and the information contained herein.
25(c)     In lieu of the two (2) published notices, a single notice containing the required
26information may be sent by first-class mail to each person owning real
27property, addressed to the property owner at his residence or principal place
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1of business as shown on the current year property tax roll.
2(d)     The hearing shall be open to the public. All persons desiring to be heard shall
3be given an opportunity to present oral testimony. The district board of
4education may set reasonable time limits for testimony.
5 (8)     (a)     That portion of a general tax rate, except as provided in subsections (9) and
6(10) of this section, KRS 157.440, and KRS 157.621, levied by an action of a
7district board of education which will produce, respectively, revenue from real
8property, exclusive of revenue from new property, more than four percent
9(4%) over the amount of revenue produced by the compensating tax rate
10defined in KRS 132.010, shall be subject to a recall vote or reconsideration by
11the district board of education as provided for in KRS 132.017, and shall be
12advertised as provided for in paragraph (b) of this subsection.
13(b)     The district board of education shall, within seven (7) days following adoption
14of an ordinance, order, resolution, or motion to levy a general tax rate, except
15as provided in subsections (9) and (10) of this section and KRS 157.440,
16which will produce revenue from real property, exclusive of revenue from
17new property as defined in KRS 132.010, more than four percent (4%) over
18the amount of revenue produced by the compensating tax rate defined in KRS
19132.010, cause the following to be published, in a[the] newspaper qualified
20under Section 2 of this Act[of largest circulation in the county], an[a display
21type] advertisement of [not less than twelve (12) column inches]:
221.      The fact that the district board of education has adopted such a rate;
232.      The fact that the part of the rate which will produce revenue from real
24property, exclusive of new property as defined in KRS 132.010, in
25excess of four percent (4%) over the amount of revenue produced by the
26compensating tax rate defined in KRS 132.010 is subject to recall; and
273.      The name, address, and telephone number of the county clerk of the
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1county or urban-county in which the school district is located, with a
2notation to the effect that that official can provide the necessary
3information about the petition required to initiate recall of the tax rate.
4 (9)     (a)     Notwithstanding any statutory provisions to the contrary, effective for school
5years beginning after June 30, 1990, the board of education of each school
6district shall levy a minimum equivalent tax rate of thirty cents ($0.30) for
7general school purposes. Equivalent tax rate is defined as the rate which
8results when the income collected during the prior year from all taxes levied
9by the district for school purposes is divided by the total assessed value of
10property plus the assessment for motor vehicles certified by the Department of
11Revenue. School districts collecting school taxes authorized by KRS 160.593
12to 160.597, 160.601 to 160.633, or 160.635 to 160.648 for less than twelve
13(12) months during a school year shall have included in income collected
14under this section the pro rata tax collection for twelve (12) months.
15(b)     Failure of a board to comply with paragraph (a) of this subsection may
16constitute a forfeiture of office by its members pursuant to KRS 415.050 and
17415.060.
18 (10) A district board of education may levy a general tax rate that will produce revenue
19from real property, exclusive of revenue from new property, that is four percent
20(4%) over the amount of the revenue produced by the compensating tax rate as
21defined in KRS 132.010.
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