OFFICE OF CLAIMS AND APPEALS

KRS tit. VI, ch. 49

in effect

KRS 49.010 Office of Claims and Appeals -- Administrative boards within office -- Executive director -- Powers and duties -- Crime Victims Compensation Board -- Trauma-informed training -- Requirement

49.010. Office of Claims and Appeals -- Administrative boards within office -- Executive director -- Powers and duties -- Crime Victims Compensation Board -- Trauma-informed training -- Requirement (1) The Office of Claims and Appeals is created within the Public Protection Cabinet and shall constitute a statutory administrative office of the state government within the meaning of KRS Chapter 12. (2) The Office of Claims and Appeals shall consist of three (3) separate and distinct administrative boards attached to the office within the meaning of KRS 12.020: (a) The Board of Tax Appeals; (b) The Board of Claims; and (c) The Crime Victims Compensation Board. (3) The executive director of the Office of Claims and Appeals shall be appointed by the secretary of the Public Protection Cabinet with the approval of the Governor in accordance with KRS 12.050. The secretary of the Public Protection Cabinet is the appointing authority for the Office of Claims and Appeals, and the executive director shall be directly responsible to the secretary of the Public Protection Cabinet and shall perform the functions, powers, and duties provided by law and prescribed by the secretary of the Public Protection Cabinet. The executive director shall: (a) Carry out the policy and program directives of the boards; (b) Be responsible for the day-to-day operations of the office; (c) Establish appropriate organizational structures and personnel policies; (d) Prepare annual reports on the office's and boards' activities; (e) Prepare budgets; (f) Perform all other duties as directed by the secretary and the boards and necessary for the operations of the office; and (g) Keep written records documenting the completion of training by staff for and members of the Crime Victims Compensation Board. (4) The Office of Claims and Appeals shall be authorized to: (a) Employ necessary staff, secure adequate office space, and execute other administrative and logistical matters as may be necessary to ensure proper functioning of the office; (b) Promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of the office's statutory authority; (c) Publicize widely the functions and purposes of the Office of Claims and Appeals and its attached boards; (d) Enter into agreements with any state agency, political subdivision of the state, postsecondary education institution, or other person or entity to enlist assistance to implement the duties and responsibilities of the office; and (e) Ensure that staff for the Crime Victims Compensation Board receives trauma- informed training to understand the challenges faced by victims of crime, including factors that may result in the delayed filing of a claim. Staff shall receive six (6) hours of training under this paragraph within thirty (30) days of being hired, and three (3) hours of training each year thereafter. Training pursuant to this paragraph may be developed in collaboration with organizations and agencies that specialize in victim services and victim advocacy. (5) The principal office of the Office of Claims and Appeals shall be at Frankfort, Kentucky, and shall be open during regular working hours for the conduct of its business. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 98, sec. 1, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 185, sec. 12, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 74, sec. 1, effective June 29, 2017.

KRS 49.020 Membership and duties of Board of Tax Appeals, Crime Victims Compensation Board, and Board of Claims -- Required training

49.020. Membership and duties of Board of Tax Appeals, Crime Victims Compensation Board, and Board of Claims -- Required training (1) (a) As used in this section and KRS 49.220, "revenue and taxation agency" means and includes any agency of state or county government that issues final rulings, orders, or determinations affecting revenue and taxation. (b) The Board of Tax Appeals created by KRS 49.010 shall have the power and authority to hear and determine appeals from final rulings, orders, and determinations of any revenue and taxation agency. (2) (a) The Board of Tax Appeals shall consist of three (3) members appointed by the Governor, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. One (1) member shall be appointed initially for a two (2) year term. One (1) member shall be appointed initially for a three (3) year term. One (1) member shall be appointed initially for a four (4) year term. Thereafter, all appointments to the board shall be for a four (4) year term. There shall be no limit to the amount of reappointments a member shall receive. (b) Vacancies for unexpired terms shall be filled in the same manner as regular appointments, but the appointees shall hold office only to the end of the unexpired term of the member replaced. (c) The Governor shall appoint a chairperson for the board, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. The chairperson shall be appointed for a four (4) year term and shall be an attorney with the qualifications required of candidates for Circuit Judge. The chairperson shall be the presiding officer over appeals heard by the board. (d) The Governor shall establish the compensation, not to include benefits, of the members of the board pursuant to KRS 64.640. (e) Two (2) of the members shall be attorneys with the qualifications required of candidates for Circuit Judge. One (1) of the members shall have a background in taxation. No member shall engage in any occupation or business inconsistent with his or her duties as such a member. (3) The Crime Victims Compensation Board created by KRS 49.010 shall have the power and authority to hear and determine all matters relating to a claim by a crime victim or a person authorized by law to act on behalf of a crime victim for compensation. (4) (a) The Crime Victims Compensation Board shall consist of three (3) members appointed by the Governor, not all of whom shall be engaged in the same occupation or profession. Appointed board members shall be subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. Members shall be appointed for a four (4) year term. There shall be no limit to the amount of reappointments a member may receive. One (1) member shall be appointed initially for a two (2) year term. One (1) member shall be appointed initially for a three (3) year term. One (1) member shall be appointed initially for a four (4) year term. Thereafter, all appointments to the board shall be for a four (4) year term. Two (2) of the appointees shall be a victim as defined in KRS 421.500(1), the parent, spouse, sibling, or child of a victim as defined in KRS 421.500(1), whether or not the victim is deceased, or a victim advocate as defined in KRS 421.570(1); and the other appointee shall be an attorney licensed to practice law in this state with two (2) years of experience. (b) Vacancies for unexpired terms shall be filled in the same manner as regular appointments, but the appointees shall hold office only to the end of the unexpired term of the member replaced. (c) The Governor shall appoint a chairperson for the board, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. The chairperson shall be appointed for a four (4) year term. (d) The Governor shall establish the compensation, not to include benefits, of the members of the board pursuant to the provisions of KRS 64.640. (5) The Board of Claims created by KRS 49.010 shall have the following powers and authority to investigate, hear proof, and compensate persons for damages sustained to either person or property as a proximate result of negligence on the part of the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies; except, however, regardless of any provision of law to the contrary, the Commonwealth, its cabinets, departments, bureaus, and agencies, and its officers, agents, and employees, while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies, shall not be liable for collateral or dependent claims which are dependent on loss to another and not the claimant or damages for mental distress or pain or suffering, and compensation shall not be allowed, awarded, or paid for such claims for damages. (6) (a) The Board of Claims shall consist of three (3) members appointed by the Governor, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. One (1) member shall be appointed initially for a two (2) year term. One (1) member shall be appointed initially for a three (3) year term. One (1) member shall be appointed initially for a four (4) year term. Thereafter, all appointments to the board shall be for a four (4) year term. There shall be no limit to the amount of reappointments a member shall receive. (b) Vacancies for unexpired terms shall be filled in the same manner as regular appointments, but the appointees shall hold office only to the end of the unexpired term of the member replaced. (c) The Governor shall appoint a chairperson for the board, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. The chairperson shall be appointed for a four (4) year term, and shall be an attorney with the qualifications required of a candidate for Circuit Judge. The chairperson shall be the presiding officer over appeals heard by the board. (d) The Governor shall establish the compensation, not to include benefits, of the members of the board pursuant to the provision of KRS 64.640. (e) Two (2) of the members shall be attorneys with the qualifications required of candidates for Circuit Judge and have a background and working knowledge in Kentucky tort law. One (1) member shall have a background in business. No member shall engage in any occupation or business inconsistent with his or her duties as such a member. (7) The Board of Tax Appeals, the Board of Claims, and the Crime Victims Compensation Board shall each be separately authorized to: (a) Promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of the board's statutory authority; (b) Issue subpoenas and discovery orders, and to petition a court of competent jurisdiction for any order necessary to carry out the board's powers and duties; (c) Take or cause to be taken affidavits or depositions within or without the state; (d) Administer or cause to be administered oaths; (e) Except for the power to issue final decisions on the merits of a claim or appeal, to delegate any of its power or authority to the Office of Claims and Appeals; and (f) Publicize widely the functions and purposes of the board. (8) If any appointed board member has a conflict of interest, as contemplated by KRS 11A.030, involving any matter pending before the board, the secretary of the cabinet shall appoint a member of one (1) of the other boards administered by the Office of Claims and Appeals as a substitute member. Following appointment, the substitute board member shall serve in place of the member who has a conflict for all actions and votes relevant to that matter. (9) Members of the Board of Tax Appeals, Board of Claims, and Crime Victims Compensation Board shall receive new member orientation and annual training to discuss new legislation, pertinent court decisions, and board policies and procedures. Members of the Crime Victims Compensation Board shall receive trauma-informed training to understand the challenges faced by victims of crime, including factors that may result in the delayed filing of a claim. Members shall receive six (6) hours of training under this subsection within thirty (30) days of appointment, and three (3) hours of training each year thereafter. Training pursuant to this subsection may be developed in collaboration with organizations and agencies that specialize in victim services and victim advocacy. (10) The boards shall meet as often as necessary to perform their statutory responsibilities as outlined in this chapter. A majority of the members of the commission shall constitute a quorum for the transaction of business. (11) Immediately following June 29, 2021, the Governor shall review the current board, determine any members that are no longer qualified, and appoint new members to the board if necessary. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 36, sec. 2, effective March 25, 2022; and ch. 98, sec. 2, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 185, sec. 13, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 74, sec. 2, effective June 29, 2017. Legislative Research Commission Note (7/14/2022). This statute was amended by 2022 Ky. Acts chs. 36 and 98, which do not appear to be in conflict and have been codified together.

KRS 49.030 KRS 49.040 to 49.180 applicable to power and authority outlined in KRS 49.020(5)

49.030. KRS 49.040 to 49.180 applicable to power and authority outlined in KRS 49.020(5) KRS 49.040 to 49.180 shall apply to the power and authority of the Board of Claims outlined in KRS 49.020(5). Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 14, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 74, sec. 3, effective June 29, 2017.

KRS 49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached

49.040. Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached (1) Regardless of any provision of law to the contrary, the jurisdiction of the Board of Claims is exclusive, and a single claim for the recovery of money or a single award of money shall not exceed two hundred fifty thousand dollars ($250,000), exclusive of interest and costs. However, if a single act of negligence results in multiple claims, the total award may not exceed four hundred thousand dollars ($400,000), to be equitably divided among the claimants, but in no case may any claimant individually receive more than two hundred fifty thousand dollars ($250,000). (2) Hearing officers, upon the direction of the board, the board chair, or the executive director of the Office of Claims and Appeals shall conduct hearings and otherwise supervise the presentation of evidence and perform any other duties assigned to them by the board, the board chair, or the executive director of the Office of Claims and Appeals, except that such hearing officers shall not render final decisions, orders, or awards. However, such hearing officers may, in receiving evidence on behalf of the board, make such rulings affecting the competency, relevancy, and materiality of the evidence about to be presented and upon motions presented during the taking of evidence as will expedite the preparation of the case. (3) The board shall maintain the official record of the claim, including evidence entered into the record at a hearing on the claim, and the final action taken on each claim. All records of proceedings shall be public records. (4) Upon recommendation to the board by the attorney for the Commonwealth, its cabinet, department, bureau, agency, or employee thereof, that a settlement has been reached between the parties to the claim, and upon approval by the board that the settlement is reasonable for all parties concerned, an agreed judgment or dismissal may be entered accordingly, even without a party's admission to liability. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 15, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 4, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 304, sec. 4, effective July 14, 2000. -- Amended 1986 Ky. Acts ch. 279, sec. 1, effective July 15, 1986; and ch. 499, sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 15, sec. 1, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 326, sec. 2. -- Amended 1972 Ky. Acts ch. 234, sec 1. -- Amended 1960 Ky. Acts ch. 25, sec. 1. -- Amended 1958 Ky. Acts ch. 52, sec. 1. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art XIII, sec. 1. -- Amended 1950 Ky. Acts ch. 50, sec. 1. -- Created 1946 Ky. Acts ch. 189, secs. 1 and 3, par. 1. Formerly codified as KRS 44.070. Formerly codified as KRS 176.290

KRS 49.050 Jurisdiction of Board of Claims as to municipal maintenance of state-owned traffic control devices

49.050. Jurisdiction of Board of Claims as to municipal maintenance of state-owned traffic control devices (1) The Board of Claims created by KRS 49.010 is hereby vested with full power, authority, and jurisdiction to investigate, hear proof, and compensate persons for damages sustained to either person or property as a proximate result of negligence on the part of any municipality, or any of its officers, agents, or employees while acting within the scope of their employment by the municipality, or any agency thereof, relating to the maintenance by the municipality of state-owned traffic control devices pursuant to a contract with the Commonwealth. (2) Claims for personal injury or property damage against any municipality, or any of its officers, agents, or employees while acting within the scope of their employment of the municipality, arising out of negligence in the maintenance of state-owned traffic control devices pursuant to a contract with the Commonwealth, shall be limited and reduced in the same manner as described in KRS 49.040 with respect to claims against the Commonwealth. (3) It is the intention of subsections (1) and (2) of this section to provide every municipality and agency thereof, and their respective officers, agents, or employees with the same liability protection, restrictions, and reductions when such municipalities and agencies are performing maintenance on state-owned traffic control devices pursuant to a contract with the Commonwealth as the Commonwealth and its agencies, officers, and employees would enjoy if performing the work itself. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 16, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 5, effective June 29, 2017. -- Created 1990 Ky. Acts ch. 225, sec. 1, effective July 13, 1990. Formerly codified as KRS 44.071.

KRS 49.060 Legislative intent as to sovereign immunity in negligence claims

49.060. Legislative intent as to sovereign immunity in negligence claims It is the intention of the General Assembly to provide the means to enable a person negligently injured by the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies to be able to assert their just claims as herein provided. The Commonwealth thereby waives the sovereign immunity defense only in the limited situations as herein set forth. It is further the intention of the General Assembly to otherwise expressly preserve the sovereign immunity of the Commonwealth, its cabinets, departments, bureaus, and agencies and its officers, agents, and employees while acting in the scope of their employment in all other situations except where sovereign immunity is specifically and expressly waived as set forth by statute. The Board of Claims shall have exclusive jurisdiction to hear claims for damages, except as otherwise specifically set forth by statute, against the Commonwealth, its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 17, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 6, effective June 29, 2017. -- Created 1986 Ky. Acts ch. 499, sec. 1, effective July 15, 1986. Formerly codified as KRS 44.072.

KRS 49.070 State institutions of higher education declared agencies of state government for purposes of KRS 49.060 -- Jurisdiction of Board of Claims -- Sovereign immunity -- Exposure to asbestos claims

49.070. State institutions of higher education declared agencies of state government for purposes of KRS 49.060 -- Jurisdiction of Board of Claims -- Sovereign immunity -- Exposure to asbestos claims (1) For purposes of KRS 49.060, state institutions of higher education under KRS Chapter 164 are agencies of the state. (2) The Board of Claims shall have primary and exclusive jurisdiction over all negligence claims for the negligent performance of ministerial acts against the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any officers, agents, or employees thereof while acting within the scope of their employment. (3) The board shall have primary and exclusive jurisdiction to make findings of fact, conclusions of law, and legal determinations with regard to whether the alleged negligent act was on the part of the Commonwealth or any of its cabinets, departments, bureaus, or agencies or any officers, agents, or employees thereof. (4) The board shall have primary and exclusive jurisdiction to make findings of fact, conclusions of law, and legal determinations with regard to whether the alleged negligent act was on the part of the Commonwealth or any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies. (5) No action for negligence against the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any officers, agents, or employees thereof may be brought in any other court or forum in the Commonwealth except the board unless the board makes a final determination that it does not have primary and exclusive jurisdiction over the claim. (6) The determination by the board becomes final only after all appellate rights have been finalized or waived. (7) Any applicable statute of limitations for bringing negligence actions in any court or forum other than the board shall be tolled pending the final determination that the board does not have primary and exclusive jurisdiction of the negligence claim. (8) No action for negligence may be brought in any court or forum other than the board against the Commonwealth, any of its cabinets, departments, bureaus, or agencies or any of its officers, agents, or employees while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies. (9) Negligence as used herein includes negligence, gross negligence, or wanton negligence. (10) The defense of contributory negligence is not a complete bar to recovery of a plaintiff's claim in the board, and the doctrine of comparative negligence shall be utilized by the board. (11) Except as otherwise provided by KRS 49.040 to 49.180, nothing contained herein shall be construed to be a waiver of sovereign immunity or any other immunity or privilege maintained by the Commonwealth, its cabinets, departments, bureaus, and agencies and its officers, agents, and employees. (12) Except as otherwise specifically set forth by statute and in reference to subsection (11) of this section, no action for damages may be maintained in any court or forum against the Commonwealth, any of its cabinets, departments, bureaus, or agencies or any of its officers, agents, or employees while acting within their official capacity and scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies. (13) The preservation of sovereign immunity referred to in subsections (11) and (12) of this section includes but is not limited to the following: (a) Discretionary acts or decisions; (b) Executive decisions; (c) Ministerial acts; (d) Actions in the performance of obligations running to the public as a whole; (e) Governmental performance of a self-imposed protective function to the public or citizens; and (f) Administrative acts. (14) The filing of an action in court or any other forum or the purchase of liability insurance or the establishment of a fund for self-insurance by the Commonwealth, its cabinets, departments, bureaus, or agencies or its agents, officers, or employees thereof for a government-related purpose or duty shall not be construed as a waiver of sovereign immunity or any other immunity or privilege thereby held. Except as specifically set forth by statute, no counterclaim, set-off, recoupment, cross-claim, or other form of avoidance of the claim for damages may be asserted by any person when suit is brought against said person by the Commonwealth or any of its cabinets, departments, bureaus, or agencies thereof. (15) Neither the Commonwealth nor any of its cabinets, departments, bureaus, or agencies or any officers, agents, or employees thereof shall be liable under a respondeat superior theory or any other similar theory for the acts of independent contractors, contractors, or subcontractors thereof or anyone else doing work or providing services for the state on a volunteer basis or pursuant to a contract therewith. (16) Any claim against the Commonwealth or its departments, agencies, officers, agents, or employees, or a school district board of education or its members, officers, agents, or employees, for damages sustained as a result of exposure to asbestos before, during, or after its removal from a facility owned, leased, occupied, or operated by the Commonwealth or a school district board of education shall be brought before the Board of Claims. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 18, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 7, effective June 29, 2017. -- Created 1986 Acts ch. 499, sec. 2, effective July 15, 1986. Formerly codified as KRS 44.073.

KRS 49.080 Venue of hearings -- Expenses of hearings outside offices

49.080. Venue of hearings -- Expenses of hearings outside offices (1) Hearings involving claimants who are residents of the Commonwealth shall be conducted in the county wherein the claim accrues, provided, however, that the parties may, with the approval of the Board of Claims, agree upon a place not within such county for the conduct of hearings. Hearings involving claimants who are nonresidents shall be conducted in the county wherein the claim accrues, provided, however, that a hearing, with the approval of the board, may be conducted in Franklin County. (2) When any member of the board is attending hearings at any place other than Frankfort, Kentucky, expenses necessarily incurred in the performance of such duty shall be paid by the state upon certification by the executive director of the Office of Claims and Appeals of an itemized statement of such expenses in accordance with Finance and Administration Cabinet administrative regulations. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 19, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 8, effective June 29, 2017. -- Created 1960 Ky. Acts ch. 25, sec. 2. Formerly codified as KRS 44.084.

KRS 49.090 Investigation of claims -- Claims under $2,500 may be investigated in-house -- Hearings on contested claims of $2,500 or more -- Order -- Filing fee

49.090. Investigation of claims -- Claims under $2,500 may be investigated in-house -- Hearings on contested claims of $2,500 or more -- Order -- Filing fee (1) The Board of Claims may require affected state agencies to investigate claims and the incidents on which they are based and to furnish to the board and the claimant in writing the facts learned by investigation. Such response shall be sufficiently specific to support a decision by the board to pay or deny the claim. If the agency believes the state should refute a claim, the agency shall cite the facts about the incident that support its belief. (2) If the claim is under two thousand five hundred dollars ($2,500), it may be investigated by the board in-house and if the board believes it needs additional facts before deciding the claim, the parties may provide the needed information by letter or as directed by the board. (3) The board shall hold hearings on contested claims whose value is two thousand five hundred dollars ($2,500) or greater but may decide claims under two thousand five hundred dollars ($2,500) without a hearing. (4) At its hearings, the board, or any of its members, or any of its hearing officers appointed by the board shall hear the parties at issue and their representatives and witnesses. (5) The award or order shall be made within thirty (30) days after final submission, except in cases involving large or complicated records or unusual questions of law, and shall be made within ninety (90) days after final submission in any event. The order or award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the question at issue shall be filed with the record of the claim and a copy of the order or award shall immediately be sent to the parties in dispute. (6) In cases over two thousand five hundred dollars ($2,500) that have been assigned to a hearing officer or a member, the hearing officer or member shall tender a recommended order to the full board. The final order in any claim heard by a single member or hearing officer shall be made and entered by a majority of the board. (7) In cases of two thousand five hundred dollars ($2,500) or less decided by a member, a claimant may make an application for review to the full board within fourteen (14) days from the date of the order or award. If an application is made, the full board shall, as soon as practicable, review the evidence, or, if deemed advisable, hear the parties at issue, their representatives and witnesses, and shall make an order or award and file it as specified in subsection (5) above. (8) The Office of Claims and Appeals may promulgate an administrative regulation authorizing a filing fee of no more than two hundred dollars ($200) for all appeals that are brought before the Board of Tax Appeals and the Board of Claims. Effective: June 29, 2021 History; Amended 2021 Ky. Acts ch. 185, sec. 20, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 9, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 304, sec. 2, effective July 14, 2000. -- Amended 1982 Ky. Acts ch. 355, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 299, sec. 1, effective June 17, 1978. -- Created 1960 Ky. Acts ch. 25, sec. 3. Formerly codified as KRS 44.086.

KRS 49.100 Defense to claims

49.100. Defense to claims The attorneys appointed by the Governor to represent the Commonwealth's cabinets, departments, bureaus, agencies, or officers, agents, or employees thereof may present any opposition the Commonwealth or any of its cabinets, departments, bureaus, agencies, or officers, agents, or employees thereof may have to the allowance of any claim filed with the Board of Claims. If such attorney is unavailable to represent his respective cabinet, department, bureau, agency, or employee thereof, then the Attorney General, either by regular or special assignment, shall designate one (1) of his assistants to present any opposition the Commonwealth or any of its cabinets, departments, bureaus, agencies, or officers, agents, or employees thereof may have to the allowance of any claim filed with the board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 21, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 10, effective June 29, 2017. -- Amended 1986 Ky. Acts ch. 499, sec. 4, effective July 15, 1986. -- Amended 1950 Ky. Acts ch. 50, sec. 2. -- Created 1946 Ky. Acts ch. 189, sec. 6. Formerly codified as KRS 44.090. Formerly codified as KRS 176.310

KRS 49.110 Compensation and expenses of Board of Claims, assistant Attorneys General, or attorneys appointed by Governor -- Payment of awards -- Operating costs paid out of general fund

49.110. Compensation and expenses of Board of Claims, assistant Attorneys General, or attorneys appointed by Governor -- Payment of awards -- Operating costs paid out of general fund (1) The assistant Attorneys General or attorneys appointed by the Governor to represent the Commonwealth's cabinets, departments, agencies or employees, agents, or officers thereof, assigned to defend claims filed with the Board of Claims shall receive no additional compensation for the performance of their duties before the board; provided, however, members of the board, assistant Attorneys General, and all employees acting for the board shall be recompensed for all necessary and actual expenses they may incur incident to their duties for or before the commission. (2) All awards and cost of operation assessed by the commission against the Department of Highways shall be paid out of the state road fund upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer. (3) All awards and costs of operation assessed by the board against other cabinets or agencies of the state, which are not maintained by appropriations out of the general fund, shall be paid out of the funds created or collected for the maintenance and operation of such cabinets or agencies respectively, upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer. (4) All amounts necessary to pay awards and costs of operation assessed by the board against all other cabinets or agencies of the Commonwealth shall be paid out of the general fund of the Commonwealth, upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer. (5) The executive director of the board shall maintain accurate records reflecting the costs incident to the operation of the board. At the close of each quarter-year period, he shall summarize the cost and shall bill each cabinet, commission, board, or agency which has had cases before the board for a pro-rata share of the cost of operation for the appropriate calendar quarter computed in a manner deemed just and equitable by the board. Each cabinet, board, or agency shall remit quarterly their share of the cost of operation to the board in the manner provided by law. (6) The board shall have the power and authority to determine the right of any successful party to an action before it to recover from the opposing party the costs incurred by him or it in such action; and such decision shall not be subject to appeal. Costs shall not include attorneys' fees. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 22, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 11, effective June 29, 2017. -- Amended 1986 Ky. Acts ch. 499, sec. 5, effective July 15, 1986. -- Amended 1960 Ky. Acts ch. 25, sec. 5. -- Amended 1958 Ky. Acts ch. 52, sec. 2. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XIII, sec. 2. -- Amended 1950 Ky. Acts ch. 50 sec. 3. -- Created 1946 Ky. Acts ch. 189, secs. 7 and 8. Formerly codified as KRS 44.100. Formerly codified as KRS 176.320.

KRS 49.120 When claims must be presented

49.120. When claims must be presented (1) All claims must be filed with the board within one (1) year from the time the claim for relief accrued. (2) The claim for relief shall be deemed to accrue at the time of the negligent act with regard to property damage. (3) The claim for relief for personal injury shall be deemed to accrue at the time the personal injury is first discovered by the claimant or in the exercise of reasonable care should have been discovered; however, no action for personal injury shall be commenced beyond two (2) years from the date on which the alleged negligent act or omission actually occurred. (4) Notwithstanding subsection (3) of this section, the claim for relief for medical malpractice shall be deemed to accrue at the time the personal injury is first discovered by the claimant or in the exercise of reasonable care should have been discovered; however, no action for personal injury as a result of medical malpractice shall be commenced beyond three (3) years from the date on which the alleged negligent act or omission of malpractice actually occurred. (5) If at the time the alleged negligent act or omission occurred or if at the time the claim for relief accrued or thereafter, the claimant is an infant or of unsound mind or under any other legal disability to file suit, a guardian or next friend or committee or other qualified representative shall bring such action in the board on behalf of such person within the same time limitation set forth herein or the claim is barred, notwithstanding KRS 413.170 and 413.280. If there is no guardian or committee or he is unwilling or unable to act or is himself a claimant, the board shall appoint a guardian ad litem to represent the interests of the claimant under legal disability. The board shall allow the guardian ad litem a reasonable fee for his services, to be taxed as costs. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 23, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 12, effective June 29, 2017. -- Amended 1990 Ky. Acts ch. 176, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 499, sec. 6, effective July 15, 1986. -- Amended 1966 Ky. Acts ch. 255, sec. 53. -- Amended 1962 Ky. Acts ch. 304, sec. 2. -- Amended 1958 Ky. Acts ch. 52, sec. 5. -- Amended 1950 Ky. Acts ch. 50, sec. 4. -- Created 1946 Ky. Acts ch. 189, sec. 3(a). Formerly codified as KRS 44.110. Formerly codified as KRS 176.330.

KRS 49.130 Conditions of awards -- Reduction of award

49.130. Conditions of awards -- Reduction of award (1) An award shall be made only after consideration of the facts surrounding the matter in controversy, and no award shall be made unless the Board of Claims is of the opinion that the damage claimed was caused by such negligence on the part of the Commonwealth or its agents as would entitle claimant to a judgment in an action at law if the state were amenable to such action. (2) Furthermore, any damage claim awarded shall be reduced by the amount of payments received or the right to receive payment from workers' compensation insurance, Social Security programs, or other federal, state, or private programs designed to supplement income or pay claimant's expenses or damages incurred. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 24, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 13, effective June 29, 2017. -- Amended 1960 Ky. Acts ch 25, sec. 6. -- Amended 1950 Ky. Acts ch 50, sec. 5. -- Created 1946 Ky. Acts ch 189, sec 2. Formerly codified as KRS 44.120. Formerly codified as KRS 176.340.

KRS 49.140 Enforcement and entry of orders, awards, and judgments

49.140. Enforcement and entry of orders, awards, and judgments Orders, awards, and judgments of the Board of Claims may be enforced by filing in the office of the clerk of the Franklin Circuit Court an authenticated copy of the order, award, or judgment, which, when ordered entered by the judge of the court, shall be entered on the order book and become to all effects and purposes an order, award, or judgment of the court, and be enforceable in a like manner. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 25, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 14, effective June 29, 2017. -- Created 1946 Ky. Acts ch. 189, sec. 4. Formerly codified as KRS 44.130. Formerly codified as KRS 176.350.

KRS 49.150 Appeal from award of Board of Claims

49.150. Appeal from award of Board of Claims (1) Appeals may be taken by a state agency from all awards of the Board of Claims where the amount in controversy, exclusive of interest and costs, is more than two thousand five hundred dollars ($2,500). Appeals shall be taken to the Circuit Court of the county wherein the hearing was conducted, provided, however, that an appeal involving a nonresident claimant may be taken by a state agency to the Franklin Circuit Court. Appeals shall be taken within thirty (30) days from the rendition of the award, and the method of appeals shall follow as nearly as may be the rules of civil procedure, except the Commonwealth shall not be required to execute bond. (2) Any claimant whose claim is two thousand five hundred dollars ($2,500) or greater may within thirty (30) days after receipt of the copy of the report containing the final decision of the board, file a proceeding in the Circuit Court of the county wherein the hearing was conducted to review the decision of the board. A copy of the filing and complaint shall be served on the Attorney General in the manner provided by the rules of civil procedure. (3) The board, the state agency, and the claimant shall be necessary parties to such appeals. It shall not be necessary for the board to file responsive pleadings unless it so desires. (4) The executive director of the Office of Claims and Appeals shall within thirty (30) days after service of the summons file the entire original record , with the clerk of the Circuit Court, after certifying that such record is the entire original record of the Board of Claims and such record shall be considered by the Circuit Court in its review. If either party requests a transcript of the evidence in writing, the requesting party shall bear the cost of the original copy of the transcript and it shall be furnished within ninety (90) days from the date of the written request. (5) On appeal no new evidence may be introduced, except as to fraud or misconduct of some person engaged in the hearing before the board. The court sitting without a jury shall hear the cause upon the record before it, and dispose of the appeal in a summary manner, being limited to determining: Whether or not the board acted without or in excess of its powers; the award was procured by fraud; the award is not in conformity to the provisions of KRS 49.040 to 49.180; and whether the findings of fact support the award. The court shall enter its findings on the order book as a judgment of the court, and such judgment shall have the same effect and be enforceable as any other judgment of the court in civil causes. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 26, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 15, effective June 29, 2017. -- Amended 2000 Ky, Acts ch. 304, sec. 3, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 310, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 355, sec. 2, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 291, sec. 1, effective July 15, 1980. -- Amended 1960 Ky. Acts ch. 25, sec 7. -- Amended 1958 Ky. Acts ch. 52, sec. 3. -- Created 1946 Ky. Acts ch. 189, sec. 9. Formerly codified as KRS 44.140. Formerly codified as KRS 176.360.

KRS 49.160 Appeal to Court of Appeals

49.160. Appeal to Court of Appeals Appeals may be taken to the Court of Appeals under the same conditions and under the same practice as appeals are taken from judgments in civil causes rendered by the Circuit Court, but no motion for a new trial or bill of exceptions shall be necessary. The Court of Appeals shall review only the matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and made reviewable by the Rules of Civil Procedure, where not in conflict with KRS 49.040 to 49.180. Effective:June 29, 2017 History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 16, effective June 29, 2017. -- Created 1946 Ky. Acts ch. 189, sec. 10. Formerly codified as KRS 44.150. Formerly codified as KRS 176.370.

KRS 49.170 Exclusiveness of Board of Claims' award or judgment

49.170. Exclusiveness of Board of Claims' award or judgment (1) Any action prosecuted to award, judgment, or final decision, including dismissal, under the provisions of KRS 49.040 to 49.180 shall preclude the right of a claimant to sue the Commonwealth, its cabinets, departments, bureaus, and agencies, and its officers, agents, or employees in the Board of Claims or any other forum, except as provided in KRS 49.070(5) when the board determines that it has no jurisdiction over the claim. (2) The final determination of the board shall be given the same res judicata and collateral estoppel effect as any other judicial determination; and, if entered as provided in KRS 49.140, it shall be granted the full faith and credit given to judgments from the Commonwealth's courts in this state and the courts of the United States. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 27, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 17, effective June 29, 2017. -- Amended 1986 Ky. Acts ch. 499, sec. 7, effective July 15, 1986. -- Amended 1958 Ky. Acts ch. 52, sec. 4. -- Amended 1950 Ky. Acts ch. 50, sec. 6. -- Created 1946 Ky. Acts ch. 189, sec. 3(b). Formerly codified as KRS 44.160. Formerly codified as KRS 176.380.

KRS 49.180 Monetary threshold for claims brought before Board of Claims

49.180. Monetary threshold for claims brought before Board of Claims No claim shall be brought before the Board of Claims unless the value of the total amount of damages claimed therein is two hundred fifty dollars ($250) or greater. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 28, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts. ch. 74, sec. 18, effective June 29, 2017. -- Created 2000 Ky. Acts ch. 304, sec. 1, effective July 14, 2000. Formerly codified as KRS 44.165.

KRS 49.190 KRS 49.200 to 49.250 applicable to power and authority outlined in KRS 49.020(1)

49.190. KRS 49.200 to 49.250 applicable to power and authority outlined in KRS 49.020(1) KRS 49.200 to 49.250 shall apply to the power and authority of the Board of Tax Appeals outlined in KRS 49.020(1). Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 29, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 74, sec. 19, effective June 29, 2017.

KRS 49.200 Record of Board of Tax Appeals

49.200. Record of Board of Tax Appeals The Board of Tax Appeals shall maintain the following records: (1) A register wherein the board shall enter by its title any proceedings appealed to it according to the date of its commencement. Thereafter, until after entry of the board's opinion and final order, there shall be noted therein according to the date, the filing or return of any paper or process or the making of any order, ruling, or other directive in or concerning such proceeding, and any other steps therein; and (2) The files of the board consisting of all papers or other process filed with or by the board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 30, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 20, effective June 29, 2017. -- Created 1964 Ky. Acts ch. 141, sec. 4. Formerly codified as KRS 131.325.

KRS 49.210 Location of hearings -- Expenses of hearings outside offices

49.210. Location of hearings -- Expenses of hearings outside offices The Board of Tax Appeals may hold hearings at any location within the Commonwealth, with a view to securing opportunity to taxpayers to appear before it with as little inconvenience and expense as practicable. When any member or employee of the board is attending hearings at any place other than Frankfort, Kentucky, expenses necessarily incurred in the performance of such duty shall be paid by the state upon certification by the executive director of the Office of Claims and Appeals of an itemized statement of such expenses in accordance with the Finance and Administration Cabinet administrative regulations. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 31, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 7449, sec. 210, effective June 29, 2017. -- Created 1964 Ky. Acts ch. 141, sec. 5(2). Formerly codified as KRS 131.335. Legislative Research Commission Note (6/29/2021). This statute was amended in 2021 Ky. Acts ch. 185, sec. 31. In that section, the existing language of subsection (2) of this statute was added nearly identically as new language to the existing language of subsection (1) of this statute, but subsection (2) was not deleted, as it is clear was the intent. In codification of this statute, the Reviser of Statutes has modified the text of this statute to eliminate the duplicative language.

KRS 49.220 Exclusive jurisdiction of Board of Tax Appeals -- Notice of rulings of revenue and taxation agencies -- Appeals to board -- Procedure

49.220. Exclusive jurisdiction of Board of Tax Appeals -- Notice of rulings of revenue and taxation agencies -- Appeals to board -- Procedure (1) The Board of Tax Appeals is vested with exclusive jurisdiction to hear and determine appeals from final rulings, orders, and determinations of any revenue and taxation agency affecting revenue and taxation. Administrative hearings before the board shall be de novo and conducted in accordance with KRS Chapter 13B and administrative regulations promulgated by the board. (2) Any revenue and taxation agency charged with the administration of any taxing or licensing measure which is under the jurisdiction of the board shall mail by certified mail notice of its ruling, order, or determination within three (3) working days from the date of the decision. (3) Any party aggrieved by any ruling, order, or determination of any revenue and taxation agency charged with the administration of any taxing or licensing measure may prosecute an appeal to the board by filing a complaint or petition of appeal before the board within thirty (30) days from the date of the mailing of the agency's ruling, order, or determination. (4) If the Department of Revenue is aggrieved by the decision of any county board of assessment appeals on an assessment recommended by the department and prosecutes an appeal to the board as authorized in subsection (3) of this section, the commissioner of revenue shall, within twenty (20) days, certify in writing to the board the assessment recommended. (5) The board shall immediately forward copies of the certification to the parties to the appeal. The assessed value shall be prima facie evidence of the value at which the property should be assessed. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 32, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 22, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 85, sec. 133, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 318, sec. 32, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 410, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 71, effective July 13, 1984. -- Created 1964 Ky. Acts ch. 141, sec. 6. Formerly codified as KRS 131.340.

KRS 49.230 Official records of proceedings of Board of Tax Appeals public in nature -- Exception -- Appeal procedure

49.230. Official records of proceedings of Board of Tax Appeals public in nature -- Exception -- Appeal procedure (1) The Board of Tax Appeals shall maintain the official record of the appeal, including evidence entered into the record at a hearing on the appeal, and the final action taken on each appeal. All records of proceedings shall be public records, except in cases of appeals of unmined mineral assessments where the records before the board include information provided to the Department of Revenue by the taxpayer or its lessees, and were generated at the taxpayer's expense. Furthermore, no recorded or transcribed testimony concerning these records shall be considered a public record. Examples of these records would include, but are not limited to, mineral exploration records; photographs; core data information; maps whether acquired for ownership information, for coal seam thickness, for depletion by mining or otherwise; and/or records calculating production or reserves, leased and/or unleased. Neither records containing confidential information nor testimony concerning same shall be disclosed to parties outside the appeals proceedings. A protective order shall be entered and shall remain in effect during the entire appeals process, including appeals to the courts, and thereafter, preventing the parties, their agents and representatives, except the taxpayer, from disclosing the information. (2) The full board may hear an appeal or assign one (1) of its members or a hearing officer to hear an appeal. The final order in any appeal heard by a single member or a hearing officer shall be made and entered by a majority of the board. In any appeal referred to a hearing officer or one (1) member, the hearing officer or member shall tender a recommended order to the full board. The final order in any appeal heard by a single member or hearing officer shall be made and entered by a majority of the board. (3) In cases heard by the full board, the board may request that a hearing officer assist the board with the following: (a) Hear discovery issues and disputes prior to a scheduled hearing; (b) Receive evidence on behalf of the board during the prehearing phase in a particular case; (c) Make interlocutory rulings affecting the competency, relevancy, and materiality of the evidence about to be presented and upon motions presented during the taking of evidence as will expedite the preparation of the case; (d) Draft the final order as directed by the board; and (e) Perform any other duties assigned. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 33, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 23, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 85, sec. 134, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 255, sec. 1, effective April 4, 1996; and ch. 318, sec. 33, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 288, sec. 1, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 316, sec. 1. -- Created 1964 Ky. Acts ch. 141, sec. 9. Formerly codified as KRS 131.355.

KRS 49.240 Effect of final orders of Board of Tax Appeals -- Remand to agency --– Refund

49.240. Effect of final orders of Board of Tax Appeals -- Remand to agency --– Refund (1) The final orders of the Board of Tax Appeals shall be binding upon all parties until changed or modified by the courts of this state. If no appeal to the courts is prosecuted, the final order of the board shall constitute a final determination. (2) If the board finds that other issues are necessary to a full determination of the controversy, it may remand the whole proceeding to the agency from which the appeal was prosecuted for further determination. The parties may stipulate to the determination of the other issues without remand. (3) Any changes in ad valorem property tax assessment rolls, tax bills, or the application by any agency of the tax laws of the state shall be in conformity with the board's final order. (4) In the case of any appeal, any taxes, interest, or penalty paid but found by the board to be in excess of that legally due shall be ordered refunded to the taxpayer. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 34, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 24, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 34, effective July 15, 1996 -- Created 1964 Ky. Acts ch. 141, sec. 11. Formerly codified as KRS 131.365.

KRS 49.250 Judicial review of final orders of Board of Tax Appeals -- Stay of collection of tax

49.250. Judicial review of final orders of Board of Tax Appeals -- Stay of collection of tax (1) Any party aggrieved by any final order of the Board of Tax Appeals, except on appeals from a county board of assessment appeals, may appeal to the Franklin Circuit Court or to the Circuit Court of the county in which the party aggrieved resides or conducts his place of business in accordance with KRS Chapter 13B. Any final orders entered on the rulings of a county board of assessment appeals may be appealed in like manner to the Circuit Court of the county in which the appeal originated. (2) If the appeal is from an order sustaining a tax assessment, collection of the tax shall be stayed by the filing of a petition or an appeal to any court. Full payment of the tax or a supersedeas bond is not required to appeal an order sustaining a tax assessment. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 35, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 171, sec. 101, effective April 14, 2018; and ch. 207, sec. 101, effective April 27, 2018. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 25, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 35, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 65, sec. 21, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 140, sec. 1, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 233, sec. 33, effective June 17, 1978. -- Amended 1968 Ky. Acts ch. 152, sec. 99. -- Created 1964 Ky. Acts ch. 141, sec. 12. Formerly codified as KRS 131.370.

KRS 49.260 KRS 49.270 to 49.490 applicable to power and authority of Crime Victims Compensation Board outlined in KRS 49.020

49.260. KRS 49.270 to 49.490 applicable to power and authority of Crime Victims Compensation Board outlined in KRS 49.020 KRS 49.270 to 49.490 shall apply to the power and authority of the Crime Victims Compensation Board outlined in KRS 49.020. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 36, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 74, sec. 26, effective June 29, 2017.

KRS 49.270 Public purpose of indemnifying injured crime victims

49.270. Public purpose of indemnifying injured crime victims The General Assembly hereby declares that it serves a public purpose and is of benefit to the state to indemnify those needy persons who are innocent victims of criminal acts and who suffer bodily or psychological injury or death as a consequence thereof. Such persons or their dependents may thereby suffer disability, incur financial hardships and become dependent upon public assistance. To that end, it is the General Assembly's intent that aid, care, and support be provided by the state, as a matter of grace, for such victims of crime. Effective:June 29, 2017 History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 27, effective June 29, 2017. -- Amended 1986 Ky. Acts ch. 299, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 382, sec. 16, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 263, sec. 1. Formerly codified as KRS 346.010.

KRS 49.280 Definitions for KRS 49.270 to 49.490

49.280. Definitions for KRS 49.270 to 49.490 As used in KRS 49.270 to 49.490: (1) "Child" means any person less than eighteen (18) years of age; (2) "Claimant" means any of the following claiming compensation under KRS 49.270 to 49.490: a victim, a dependent of a deceased victim, a third person other than a collateral source, or an authorized person acting on behalf of any of them who is legally responsible for the expenses incurred by the victim as a result of the crime committed against the victim; (3) "Criminally injurious conduct" means conduct that occurs or is attempted in this jurisdiction, poses a substantial threat of personal physical or psychological injury or death, and is punishable by fine, imprisonment, or death. Criminally injurious conduct shall include an act of terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States against a resident of Kentucky. Acts which, but for the insanity or mental irresponsibility or lack of capacity of the perpetrator, would constitute criminal conduct shall be deemed to be criminally injurious conduct. The operation of a motor vehicle, motorcycle, train, boat, aircraft, or other vehicle in violation of law does not constitute a criminally injurious conduct unless the injury or death was intentionally inflicted, involved a violation of KRS 189A.010, driving under the influence, involved the operator of a vehicle in an accident who did not stop and disclose his or her identity as required by KRS 189.580, or involved the operator of a vehicle in an accident who acted recklessly or with wantonness; (4) "Family," when used with reference to a person, means: (a) The person's spouse; (b) Any person related to the person within the second degree of consanguinity; (c) Any person maintaining a sexual relationship with the person; (d) Any person residing in the same household with the person; or (e) Any stepchild, stepparent, stepbrother, or stepsister; and (5) (a) "Victim" means a person who suffers personal physical or psychological injury or death from a criminal act in Kentucky as a result of: 1. Criminally injurious conduct; 2. A good-faith effort to prevent criminally injurious conduct; or 3. A good-faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct. (b) "Victim" shall also mean a resident who is a victim of a crime occurring outside this state if: 1. The crime would be compensable had it occurred inside this state; and 2. The crime occurred in a state which does not have a crime victim compensation program, for which the victim is eligible as eligibility is set forth in KRS 49.310. (c) "Victim" shall also mean a resident of this state who is injured or killed by an act of terrorism, as defined in 18 U.S.C. sec. 2331, committed outside the United States. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 173, sec. 1, effective April 4, 2023. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 28, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 368, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 409, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 299, sec. 2, effective July 15, 1986. - Amended 1984 Ky. Acts ch. 165, sec. 22, effective July 13, 1984; and ch. 382, sec. 17, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 172, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 213, sec. 2, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 263, sec. 2. Formerly codified as KRS 346.020.

KRS 49.290 Nonresident victims of criminal acts occurring in Kentucky -- Limits on operation of statute

49.290. Nonresident victims of criminal acts occurring in Kentucky -- Limits on operation of statute (1) "Victim" shall also include nonresidents of this state who suffer losses as a direct result of criminal acts occurring within this state. (2) This section shall be operative only during those time periods during which the Crime Victims Compensation Board determines that federal funds are available to the state for the compensation of victims of crime. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 37, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 29, effective June 29, 2017. -- Created 1990 Ky. Acts ch. 409, sec. 2, effective July 13, 1990. Formerly codified as KRS 346.025.

KRS 49.300 Powers and duties of Crime Victims Compensation Board

49.300. Powers and duties of Crime Victims Compensation Board In addition to the powers and authority outlined in KRS 49.020, the Crime Victims Compensation Board has the power and duty to: (1) Promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of KRS 49.270 to 49.490, including administrative regulations for the approval of attorney's fees for representation before the board or upon judicial review; (2) Hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitations; (3) Request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to determine whether, and the extent to which, a claimant qualifies for compensation. The statute providing confidentiality for juvenile session of District Court records does not apply to proceedings under KRS 49.270 to 49.490; (4) Hold hearings in accordance with the provisions of KRS Chapter 13B. The powers provided in this subsection may be delegated by the board to any member or employee thereof. If necessary to carry out any of its powers and duties, the board may petition any Circuit Court for an order; (5) Upon the filing of an application by a claimant, negotiate binding fee settlements with the providers of services to claimants that may be eligible for an award under KRS 49.370(2); (6) Make available for public inspection all board decisions and opinions, administrative regulations, written statements of policy, and interpretations formulated, promulgated, or used by it in discharging its functions. Materials made available pursuant to this subsection shall be edited to remove personal identifying information of any victim. Materials made available pursuant to this subsection after July 15, 2024, shall be made available on the board's website; (7) Publicize widely the availability of reparations, the availability of emergency awards, and information regarding the claims therefor; (8) Make an annual report, by January 1 of each year, of its activities for the preceding fiscal year to the Office of the State Budget Director and to the Legislative Research Commission for referral to the Interim Joint Committee on Appropriations and Revenue. Each annual report shall set forth a complete operating and financial statement covering its operations during the year; (9) Create an electronic application process on its website, with explanatory materials and easily understood forms; (10) Notify all applicants of their right to counsel; (11) Ensure that its forms and published materials are clear, easily understandable, and available in a variety of formats and languages to maximize the accessibility of the compensation process; (12) By August 1, 2025, create and implement a tracking process for claims filed with the board. The tracking process shall include a public portal allowing victims to access the system; and (13) By August 1, 2025, and annually thereafter, report to the Governor and to the Legislative Research Commission for referral to the Interim Joint Committee on Judiciary the number and percentage of cases in which the timeframes established in KRS 49.340(2) and 49.360(3) were not met. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 2, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 38, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 30, effective June 29, 2017. -- Amended 2013 Ky. Acts c h. 69, sec. 2, effective June 25, 2013. -- Amended 2002 Ky. Acts ch. 183, sec. 23, effective August 1, 2002. -- Amended 1996 Ky. Acts ch. 318, sec. 328, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 179, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 263, sec 4. Legislative Research Commission Note (6/25/97). 1996 Ky. Acts ch. 318, sec. 357, effective July 15, 1996, repealed KRS 346.110, which is cited in subsection (2) of this statute. Judicial review in this area is now treated by KRS 346.080(8). Formerly codified as KRS 346.040.

KRS 49.310 Eligibility for awards pursuant to KRS 49.270 to 49.490

49.310. Eligibility for awards pursuant to KRS 49.270 to 49.490 (1) Except as provided in subsection (2) of this section, the following persons shall be eligible for awards pursuant to KRS 49.270 to 49.490: (a) A victim of criminally injurious conduct; (b) A surviving family member or personal representative of a victim of criminally injurious conduct who died as a direct result of the conduct; (c) Any other person dependent for his or her principal support upon a victim of criminally injurious conduct who died as a direct result of the crime; (d) Any person who is legally responsible for the medical expenses or funeral expenses of a victim; and (e) Any person acting as the primary caregiver for a victim of criminally injurious conduct. (2) No victim or dependent shall be denied compensation solely because he or she is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death. However, the Crime Victims Compensation Board may award compensation to a victim or dependent who is a relative, family, or household member of the offender only if the board can reasonably determine the offender will not receive significant economic benefit or unjust enrichment from the compensation. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 3, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 39, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 31, effective June 29, 2017. -- Amended 2005 Ky. A cts ch. 99, sec. 612, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 567, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 409, sec. 3, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 299, sec. 3, effective July 15, 1986. -- Created 1976 Ky. Acts ch. 263, sec. 5. Formerly codified as KRS 346.050.

KRS 49.320 Victim of hate crime deemed victim of criminally injurious conduct

49.320. Victim of hate crime deemed victim of criminally injurious conduct A person who suffers personal injury as a result of conduct in violation of KRS 532.031 is a victim of criminally injurious conduct as defined in KRS 49.280 and is eligible for awards pursuant to KRS 49.270 to 49.490. Effective:June 29, 2017 History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 32, effective June 29, 2017. -- Created 1998 Ky. Acts ch. 606, sec. 53, effective July 15, 1998. Formerly codified as KRS 346.055.

KRS 49.330 Application for award -- Filing of claim form -- Notification requirements -- Exemptions

49.330. Application for award -- Filing of claim form -- Notification requirements -- Exemptions (1) A claim form may be filed by a person eligible to receive an award, as provided in KRS 49.310 or, if the person is a minor, by his or her parent or g uardian. (2) Claims shall be filed with the board in accordance with the administrative regulations promulgated by the board. The board shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and alleging the jurisdiction requirements set forth in KRS 49.270 to 49.490 and meeting the requirements as to form in the administrative regulations of the board. (3) Upon filing of a claim pursuant to KRS 49.270 to 49.490, the board shall promptly notify the United States attorney, if a federal offense is involved, and the Commonwealth's attorney or county attorney of the county wherein the crime is alleged to have occurred. (4) No claim may be filed by, or on behalf of, a person currently confined in any correctional facility, or any state institution maintained and operated by the Cabinet for Health and Family Services. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 4, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 40, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 33, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 606, sec. 37, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 409, sec. 4, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 299, sec. 4, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 172, sec. 2, effective June 15, 1980. -- Amended 1978 Ky. Acts ch. 297, sec. 2, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 263, sec. 6. Formerly codified as KRS 346.060.

KRS 49.340 Investigation of claim -- Examination of records and reports -- Hearing -- Expenses of hearings outside offices -- Order -- Appeal

49.340. Investigation of claim -- Examination of records and reports -- Hearing -- Expenses of hearings outside offices -- Order -- Appeal (1) A claim, when accepted for filing, shall be assigned by the executive director of the Office of Claims and Appeals to an investigator for investigation. All claims arising from the death of an individual as a direct result of a crime shall be considered together. (2) The investigator to whom a claim is assigned shall examine the papers filed in support of the claim and the validity of the claim. The investigation shall include but not be limited to an examination of police, court, and official records and reports concerning the crime. On or after July 1, 2025, the investigator's report shall be completed within one hundred twenty (120) days of the assignment of the claim. On or after July 1, 2026, the investigator's report shall be completed within ninety (90) days of the assignment of the claim. If the report is not completed within the time required under this subsection, the investigator shall notify the claimant of the reason for the delay. (3) If the mental, physical, or emotional condition of a victim or claimant is material to a claim, the board may order the victim or claimant to submit to a mental or physical examination by a physician or psychiatrist, and may order an autopsy of a deceased victim. A report upon an examination shall be filed with the investigator setting out findings, including results of all tests made, diagnosis, prognosis, and other conclusions. (4) Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended or prosecuted for or convicted of any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to criminal irresponsibility or other legal exemption. (5) Upon completion of the investigator's report, the claim shall be assigned to a board member who may decide the claim in favor of a claimant in the amount claimed on the basis of the papers filed in support thereof and the report of the investigation of the claim within thirty (30) days of the assignment of the claim. If the board member is unable to decide the claim upon the basis of the documents and the report, a hearing shall be ordered. (6) The hearing shall be conducted in accordance with KRS Chapter 13B and may be held at any location within the Commonwealth, with a view to securing opportunity for crime victims to appear before it with as little inconvenience and expense as practicable. When any member of the board is attending hearings at any place other than Frankfort, Kentucky, expenses necessarily incurred in the performance of that duty shall be paid by the state upon certification by the executive director of the Office of Claims and Appeals of an itemized statement of expenses in accordance with Finance and Administration Cabinet administrative regulations. (7) After examining the papers filed in support of the claim and the report of investigation, and after a hearing, if any, the board member to whom the claim was assigned shall issue a recommended order either granting an award pursuant to KRS 49.370 or deny the claim. The board shall review the recommended order and any exceptions filed to it, and shall by majority vote issue a final order. (8) A final order of the board may be appealed by filing a petition for judicial review in the county where the claim accrued or in Franklin Circuit Court in accordance with KRS Chapter 13B. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 5, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 41, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 34, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 329, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 409, sec. 5, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 263, sec 8. Formerly codified as KRS 346.080.

KRS 49.350 Failure to perfect claim -- Default -- Procedures

49.350. Failure to perfect claim -- Default -- Procedures Following the initial filing of a claim, if a claimant or victim does not take any further steps as may be necessary to support or perfect the claim as may be required by the Crime Victims Compensation Board within ninety (90) days after a requirement is m ade by the board, the claimant or victim shall be deemed in default. In a case in default, the board may dismiss the claim with leave to refile. A claimant or victim may revive the claim at any time by submitting a response to the requirement made by the b oard. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 6, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 42, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 35, effective June 29, 2017. -- Created 1976 Ky. Acts ch. 263, sec. 10. Formerly codified as KRS 346.100.

KRS 49.360 Emergency award pending final decision

49.360. Emergency award pending final decision (1) Notwithstanding the provisions of KRS 49.340, if it appears to the Crime Victims Compensation Board member to whom a claim is assigned, prior to taking action upon the claim, that: (a) The claim is one with respect to which an award probably will be made; and (b) Undue hardship will result to the claimant if immediate payment is not made; emergency payment under subsection (2) of this section may be made. (2) Upon findings under subsection (1) of this section, the board member may make an emergency award to the claimant pending a final decision in the case provided that: (a) The amount of an emergency award shall not exceed one thousand dollars ($1,000); (b) The amount of an emergency award shall be deducted from any final award made to the claimant; and (c) The excess of the amount of an emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the board. (3) A decision to make an emergency award pursuant to th is section shall be made within two (2) weeks of the receipt of the claim by the Crime Victims Compensation Board. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 7, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 43, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts. ch. 74, sec. 36, effective June 29, 2017. -- Created 1976 Ky. Acts ch. 263, sec. 12. Formerly codified as KRS 346.120.

KRS 49.370 Award requirements -- Expenses allowed -- Amounts

49.370. Award requirements -- Expenses allowed -- Amounts (1) No award shall be made unless the Crime Victims Compensation Board or board member, as the case may be, finds that: (a) Criminally injurious conduct occurred; and (b) The criminally injurious conduct resulted in personal physical or psychological injury to, or death of, the victim. (2) (a) Any award made pursuant to KRS 49.270 to 49.490 shall be in an amount not exceeding out-of-pocket expenses, including loss of earnings or support resulting from the injury on which the claim is based and indebtedness reasonably incurred for medical or other services, including: 1. For the victim and for any child who is the victim's dependent, when the crime was committed at the primary residence of the victim: a. Relocation if the victim is moving from one (1) primary res idence to another due to concern for the safety of themselves or other persons at the residence as a result of a crime within six (6) months of the crime, not to exceed two thousand dollars ($2,000). The board may, in its discretion, allow relocation expen ses incurred after six (6) months; and b. Temporary housing costs incurred within thirty (30) days of the crime, when the victim is unable to stay in the primary residence due to the crime, not to exceed two thousand dollars ($2,000); 2. Tattoo removal for victims of human trafficking, not to exce ed four thousand dollars ($4,000); 3. Crime scene cleanup within thirty (30) days of the crime when the crime was committed at the primary residence or business of the victim, not to exceed two thousand dollars ($2,000); 4. Reimbursement for the replacemen t of items owned by the victim and for any child who is the victim's dependent that were seized by law enforcement as evidence of the commission of the crime, not to exceed five hundred dollars ($500) per item; 5. Replacement or repair of windows and locks at the primary residence or business of the victim which were damaged by the commission of the crime, not to exceed one thousand five hundred dollars ($1,500); 6. Rehabilitative or wellness practices recommended by a healthcare provider, engaged in by the victim and any juveniles dependent upon the victim due to the crime, not to exceed one thousand dollars ($1,000) per year per person, for a maximum of two (2) years; 7. Expenses related to court proceedings related to the crime for a victim or for a victim's caregiver; 8. Mental health counseling, necessary as a result of the injury upon which the claim is based. Mental health counseling: a. Shall be paid for a maximum of two (2) years, but only after proper documentation is submitted to the board stating what treatment is planned and for what period of time; and b. Need not be for a consecutive period and may be paused and resumed at a later time; and 9. Replacement of eyeglasses and other corrective lenses stolen, destroyed, or damaged during the crime. (b) The board may promulgate administrative regulations to establish additional guidelines for awards pursuant to this section. (3) Any award made for loss of earnings or financial support may be considered for a claimant who has loss of support or wages due to the crime for which the claim is filed. Unless reduced pursuant to other provisions of KRS 49.270 to 49.490, the award shall be equal to net earnings at the time of the criminally injurious conduct; however, no award under this subsection shall exceed five hundred dollars ($500) for each week of lost earnings or financial support. The wage earner or source of support must have been employed or paying support at the time the crime occurred. Said employment or support shall be verified by the staff of the board after information is provided by the claimant or victim. Should the claimant or victim fail to supply the board with the information requested, the portion of the claim for lost wages or support shall be denied. If there are two (2) or more persons entitled to an award as a result of the injury or death of a person which is the direct result of criminally injurious conduct, the award shall be apportioned by the board among the claimants. (4) The board is authorized to set a reasonable limit for the payment of funeral and burial expenses, which shall include funeral costs, a monument, and grave plot. In no event shall an award for funeral expenses exceed ten thousand dollars ($10,000). (5) Any award made under KRS 49.270 to 49.490 shall not exceed fifty thousand dollars ($50,000) in total compensation to be received by or paid on behalf of a claimant from the fund. (6) An award shall not be made for any type of property loss or damage, except as otherwise permitted in KRS 49.270 to 49.490. (7) An award may be made for a claim filed more than ten (10) years after the criminally injurious conduct, due to a delay in the testing of or DNA profile matching from a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense, in which case the victim may collect a lump sum in the amount of five thousand dollars ($5,000) to cover the victim's out-of-pocket expenses incurred due to the crime which may not be provable due to the delay. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 8, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 173, sec. 2, effective April 4, 2023. -- Amended 2021 Ky. Acts ch. 185, sec. 44, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 75, sec. 2, effective July 15, 2020. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 37, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 69, sec. 4, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 606, sec. 38, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 409, sec. 7, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 299, sec. 5, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 172, sec. 4, effective June 15, 1980. -- Amended 1978 Ky. Acts ch. 213, sec. 1, effective June 17, 1978. -- Created 1976 Ky. Acts. ch. 263, sec. 13. Legislative Research Commission Note (7/15/2024). When this statute was amended in 2024 Ky. Acts ch. 67, sec. 8, the internal numbering and lettering did not conform to the format used in the Kentucky Revised Statutes. Under the authority of KRS 7.136, the reviser of statutes has modified the numbering and lettering. No words were changed in the process. Formerly codified as KRS 346.130.

KRS 49.380 Collection actions against crime victim for debt related to expense covered under KRS 49.370(2) to cease pending resolution of claim submitted to board

49.380. Collection actions against crime victim for debt related to expense covered under KRS 49.370(2) to cease pending resolution of claim submitted to board (1) Upon the filing of an application for a claim with the Crime Victims Compensation Board, all debt collection actions by a creditor or the creditor's agent, against the claimant for a debt or expense covered under KRS 49.370(2) and related to the substance of the claim shall cease pending a resolution of the claim by the board, if the claimant: (a) Provides written notice to the creditor or creditor's agent that a claim has been submitted to the board; and (b) Authorizes the creditor or creditor's agent to confirm with the board the claimant's application with the board and that the debt or expense upon which the collection action is based may be covered under KRS 49.370(2). (2) The board shall, upon the written request of a creditor or creditor's agent, notify the creditor or creditor's agent when a claim has been resolved. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 13, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 45, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 38, effective June 29, 2017. -- Created 2013 Ky. Acts ch. 69, sec. 3, effective June 25, 2013. Formerly codified as KRS 346.135.

KRS 49.390 Reduction of award -- Basis of denial, reconsideration, or reduction of award

49.390. Reduction of award -- Basis of denial, reconsideration, or reduction of award (1) Any award made pursuant to KRS 49.270 to 49.490 shall be reduced by the amount of any payments received or to be received by the claimant as a result of the injury from the following sources: (a) From or on behalf of the person who committed the crime; (b) Under insurance programs mandated by law; (c) From public funds; (d) Under any contract of insurance wherein the claimant is the insured or beneficiary; (e) As an emergency award pursuant to KRS 49.360; and (f) From donations made on behalf of the victim or claimant toward expenses incurred as a result of the crime. (2) The board may deny, reconsider, or reduce an award if the board finds that, in relation to the criminally injurious conduct alleged in the claim, the victim or claimant: (a) Has been charged with a criminal offense; (b) Has been offered immunity from prosecution in exchange for testimony; (c) Knowingly participated in the conduct; or (d) Engaged in conduct which may constitute mutual aggression with another person. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 9, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 46, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 39, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 69, sec. 5, effective June 25, 2013. -- Amended 1980 Ky. Acts ch. 172, sec. 5, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 263, sec. 14. Formerly codified as KRS 346.140.

KRS 49.400 Effect of filing false information

49.400. Effect of filing false information Any person who procures or attempts to procure compensation with the Crime Victims Compensation Board by intentionally filing information he or she knows to be false shall have the claim denied and be forever barred from filing a claim with this board. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 10, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 47, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 40, effective June 29, 2017. -- Created 1990 Ky. Acts ch. 409, sec. 8, effective July 13, 1990. Formerly codified as KRS 346.145.

KRS 49.410 Manner of payment -- Annual reconsideration

49.410. Manner of payment -- Annual reconsideration (1) The award shall be paid in a lump sum, except that in the case of death or protracted disability the award shall provide for periodic payments to compensate for loss of earnings or support. No award made pursuant to KRS 49.270 to 49.490 shall be subject to execution or attachment other than for expenses resulting from the injury which is the basis for the claim. (2) The Crime Victims Compensation Board shall reconsider at least annually every award being paid in installments. An order or reconsideration of an award shall not require refund of amounts previously paid unless the award was obtained by fraud. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 48, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 41, effective June 29, 2017. -- Created 1976 Ky. Acts ch. 263, sec. 15. Formerly codified as KRS 346.150.

KRS 49.420 Lump-sum payment to survivors of police officer killed in line of duty

49.420. Lump-sum payment to survivors of police officer killed in line of duty (1) The Crime Victims Compensation Board may award a lump-sum payment not to exceed twenty-five thousand dollars ($25,000) to the family of a police officer employed by a city, county, or urban-county government who is killed in the line of duty as a police officer for such city, county, or urban-county and who is not eligible to receive death or disability benefits under a pension plan of the city, county, or urban-county. (2) This section shall apply to any officer killed in the line of duty since January 1, 1986. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 49, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 43, effective June 29, 2017. -- Amended 1990 Ky. Acts ch. 409, sec. 9, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 324, sec. 1, effective April 14, 1986. Formerly codified as KRS 346.155.

KRS 49.430 Federal participation

49.430. Federal participation The Crime Victims Compensation Board may apply for funds from, and submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 50, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 43, effective June 29, 2017. -- Created 1990 Ky. Acts ch. 409, sec. 10, effective July 13, 1990. Formerly codified as KRS 346.157.

KRS 49.440 Records of proceedings are public records -- Confidentiality protected

49.440. Records of proceedings are public records -- Confidentiality protected The Crime Victims Compensation Board shall maintain the official record of the claim, including evidence entered into the record at a hearing on the claim, and the final action taken on each claim. All records of proceedings shall be public records; provided, however, that any record or report obtained by the board, the confidentiality of which is protected by any other law or regulation, shall remain confidential subject to such law or regulation. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 51, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 44, effective June 29, 2017. -- Created 1976 Ky. Acts ch. 263, sec. 16. Formerly codified as KRS 346.160.

KRS 49.450 Contracts regarding crime -- Money to be paid to Crime Victims Compensation Board -- Disposition

49.450. Contracts regarding crime -- Money to be paid to Crime Victims Compensation Board -- Disposition (1) Every person contracting with any person or the representative or assignee of any person accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio, or television presentation, live entertainment of any kind, or from the expression of such person's thoughts, feelings, opinions, or emotions regarding such crime, shall pay over to the Crime Victims Compensation Board any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his representatives. (2) After deducting all sums paid to the victim by the board, the board shall deposit such moneys in its accounts for the benefit of and payable to any victim of crimes committed by such person, provided that such person is eventually convicted of the crime and provided further that such victim, within five (5) years of the date of the crime, brings a civil action in a court of competent jurisdiction and recovers a money judgment against such person or his or her representatives. (3) Upon disposition of charges favorable to any person accused of committing a crime, or upon a showing by such person that five (5) years have elapsed from the board's receipt of such funds and that such person has not been convicted of said crime and further that no actions are pending against such person in connection with the crime or pursuant to this section, the board shall immediately pay over any such moneys to such person. (4) Notwithstanding any inconsistent provision of the civil practice law and rules with respect to the timely bringing of an action, the five (5) year period provided for in subsection (2) of this section shall not begin to run until the board has received such moneys. (5) Any action taken by any person convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purpose of this section shall be null and void as against the public policy of this state. (6) The failure of a person to pay moneys to the board in accordance with subsection (1) of this section shall create a debt due and owing to the board from that person and shall constitute a preferential lien to the state which may be collected by the board by civil process. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 52, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 45, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 297, sec. 1, effective June 17, 1978. Formerly codified as KRS 346.165.

KRS 49.460 Subrogation

49.460. Subrogation (1) No right of action at law against a person who has committed a criminal act for damages as a consequence of such act shall be lost as a consequence of receiving benefits under the provisions of KRS 49.270 to 49.490. In the event any person receiving benefits under KRS 49.270 to 49.490 additionally seeks a remedy for damages from the person or persons who have committed the criminal act resulting in damages, then and in that event the Crime Victims Compensation Board shall be subrogated to and have a lien upon any recovery so made to the extent of the payments made by the state to or on behalf of such person under KRS 49.270 to 49.490. (2) If compensation is awarded, the state is subrogated to all the claimant's rights to receive or recover benefits or advantages, for economic loss for which and to the extent only that compensation is awarded from a source which is, or, if readily available to the victim or claimant would be, a collateral source. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 53, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 46, effective June 29, 2017. -- Created 1976 Ky. Acts ch. 263, sec. 17. Formerly codified as KRS 346.170.

KRS 49.470 Award constitutes debt owed to state -- Manner of payment

49.470. Award constitutes debt owed to state -- Manner of payment (1) Any payment of benefits to or on behalf of a victim under KRS 49.270 to 49.490 creates a debt due and owing to the state by any person found to have committed such criminal act in either a civil or criminal court proceeding in which he is a party. (2) The court when placing any convicted person, who owes a debt to the state as a consequence of a criminal act, on probation and conditional discharge as provided in KRS 533.020 may set as a condition of the probation or conditional discharge the payment of the debt to the state. The court also may set the schedule or amounts of payments to be made subject to modification based on change of circumstances. (3) The parole board shall also have the right to make payment of the debt to the state a condition of parole under the provisions of KRS Chapter 439 subject to modification based on change of circumstances. Effective:June 29, 2017 History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 47, effective June 29, 2017. -- Created 1976 Ky. Acts ch. 263, sec. 18. Formerly codified as KRS 346.180.

KRS 49.480 Crime victims' compensation fund

49.480. Crime victims' compensation fund (1) There is established in the State Treasury the crime victims' compensation fund, hereinafter referred to as the "fund," to be administered by the Crime Victims Compensation Board. Nothing herein shall be construed to limit the power of the court to order additional forms of restitution, including public or charitable work or reparation to the victim, to the fund, or otherwise as authorized by law. (2) The fund shall consist of moneys from the following: appropriations by the General Assembly; the federal government; disbursements provided under KRS 42.320(2)(g); and any other public or private source. Any unexpended balance remaining in the fund at the end of the biennium shall not lapse and be transferred to the general fund, but shall remain in the crime victims' compensation fund. Any funds not utilized by the board shall be used to provide assistance to programs for victims, and the board shall allocate such funds to any agency providing services to victims. In the event there are insufficient funds in the fund to pay all claims in full, all claims shall be paid at seventy percent (70%). If there are no moneys in the fund, then no claim shall be paid until moneys have again accumulated. In addition to payment of claims, moneys in the fund shall be used to pay all the necessary and proper expenses of the board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 54, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 48, effective June 29, 2017. -- Amended 2002 Ky. Acts ch. 183, sec. 24, effective August 1, 2002. -- Amended 1998 Ky. Acts ch. 606, sec. 42, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 409, sec. 11, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 299, sec. 6, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 420, sec. 1, effective July 15, 1982. Formerly codified as KRS 346.185.

KRS 49.490 Sexual assault victim assistance fund

49.490. Sexual assault victim assistance fund (1) There is established in the State Treasury the sexual assault victim assistance fund to be administered by the Crime Victims Compensation Board for the purpose of funding medical examinations for victims of sexual assault as provided in subsection (4) of this section and in KRS 216B.400. All moneys deposited or paid into the sexual assault victim assistance fund are appropriated and shall be available to the board. Funds shall be disbursed by the State Treasurer upon the warrant of the board. (2) The sexual assault victim assistance fund may receive state general fund appropriations, gifts, grants, federal funds, or other public or private funds or donations. Any federal matching funds received by the board or the crime victims' compensation fund for sexual assault victim assistance payments shall be deposited into the sexual assault victim assistance fund. (3) Any unencumbered or unallocated balances in the sexual assault victim assistance fund shall be invested as provided in KRS 42.500(9). Any income earned from investment, along with the unallocated or unencumbered balances in the fund, shall not lapse and shall be deemed a trust and agency account available solely for the purposes specified in subsection (1) of this section. (4) (a) For purposes of this section, a children's advocacy center is a center as defined in KRS 620.020 that operates consistent with administrative regulations promulgated by the Cabinet for Health and Family Services. (b) Upon receipt of a completed original claim form supplied by the board and itemized bill for a child sexual abuse medical examination performed at a children's advocacy center, the board shall reimburse the children's advocacy center for actual costs up to but not exceeding the amount of reimbursement established through administrative regulation promulgated by the Department for Medicaid Services. (c) Independent investigation by the board shall not be required for payment of claims under this section; however, the board may require additional documentation as proof that the medical examination was performed. (5) If sexual assault victim assistance funds are insufficient to pay claims under subsection (4) of this section or KRS 216B.400, payment shall be made from the crime victims' compensation fund. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 55, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 49, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 66, effective June 20, 2005. -- Created 2004 Ky. Acts ch. 73, sec. 1, effective April 6, 2004. Formerly codified as KRS 346.200.

KRS 49.990 Penalty for failure or refusal to obey subpoena or order of Board of Tax Appeals, Crime Victims Compensation Board, or Board of Claims

49.990. Penalty for failure or refusal to obey subpoena or order of Board of Tax Appeals, Crime Victims Compensation Board, or Board of Claims Any person who fails or refuses to obey a subpoena or order of the Board of Tax Appeals, the Crime Victims Compensation Board, or the Board of Claims made pursuant to KRS Chapter 13B shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500). Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 56, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 74, sec. 50, effective June 29, 2017.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=45450Fetched: 10/20/2026