Skip to main content
Find a Lawyer

Kentucky Revised Statutes Title XXVIII. Mines and Minerals § 350.139.Deposit of funds to State Treasury; exceptions; amount to be transferred to fiscal courts; remainder for Division of Mine Permits

Current as of January 01, 2024 | Updated by FindLaw Staff

(1) All prior enactments of this General Assembly to the contrary notwithstanding, all funds received by the Energy and Environment Cabinet through the payment of fees and civil penalties shall be deposited in the State Treasury to the credit of the general fund, except those fees established in KRS 350.060(11) and (13), 350.070(2) and (4), 350.135(1), and as provided in KRS 350.990(1). All funds from the forfeiture of bonds shall be placed in the State Treasury in an interest-bearing account and credited to a special agency account. The interest shall become a supplemental fund and may be used to supplement forfeited bonds which are inadequate to complete the reclamation plan. Except as provided in KRS 350.131(1), forfeited bond funds shall be expended upon the lands for which the bond was given. The interest may be expended upon lands other than those for which the bond was given. No more than twenty-five percent (25%) of the supplemental fund may be expended upon any single site, unless a larger expenditure is necessary to abate an imminent danger to public health or safety.

(2) (a) Subject to the limitation in paragraph (b) of this subsection, the Department for Natural Resources shall, on or before August 1 of each year, transfer to the fiscal court of the county in which the permitted operation is located, an amount equal to thirty-three and one-third percent (33-1/3%) of all funds paid during the preceding fiscal year as fees for the issuance of any permit for surface coal mining operations for the general purposes of that fiscal court.

(b) The department shall calculate the amount to be transferred each year under this subsection as if the fee rates in effect pursuant to this chapter on October 1, 2009, were still in effect during the preceding fiscal year.

(3) Except for the amount of fees paid to fiscal courts pursuant to subsection (2) of this section, all permit and acreage fees established in KRS 350.060(11) and (13), 350.070(2) and (4), and 350.135(1) shall be held specifically for the use of the Division of Mine Permits.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXVIII. Mines and Minerals § 350.139.Deposit of funds to State Treasury; exceptions; amount to be transferred to fiscal courts; remainder for Division of Mine Permits - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-xxviii-mines-and-minerals/ky-rev-st-sect-350-139/

Read this complete Kentucky Revised Statutes Title XXVIII. Mines and Minerals § 350.139.Deposit of funds to State Treasury; exceptions; amount to be transferred to fiscal courts; remainder for Division of Mine Permits on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Kentucky Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard