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Form a Business

DEPARTMENT OF HIGHWAYS

KRS tit. XV, ch. 176
in effect

KRS 176.010 Definitions for chapter

176.010. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Biennial highway construction plan" means the specifically identified individual transportation projects or portions thereof identified for funding during the upcoming biennium, which correspond to the first two (2) years of the six (6) year road plan; (2) "Department" means Department of Highways; (3) "Cabinet" means the Transportation Cabinet; (4) "Lowest and best bidder" includes the reciprocal resident bidder preference described in KRS 176.082; (5) "Project" means the design, right-of-way, utility, or construction phase of a highway construction project; (6) "Roads" includes highways, bridges, and bridge approaches; and (7) "Six (6) year road plan" means the plan developed under KRS 176.430. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 190, sec. 13, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 162, sec. 23, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 78, sec. 19, effective June 25, 2009. -- Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, by the Kentucky Statute Revision Commission to reduce the verbage of this chapter.

KRS 176.020 Appointment of state highway engineer -- Divisions within the department

176.020. Appointment of state highway engineer -- Divisions within the department (1) With prior approval of the Governor and the secretary in writing, the commissioner of highways shall appoint as state highway engineer, a civil engineer who has had at least six (6) years executive engineering experience in the design, supervision, and construction of highways. He shall be the technical advisor to the commissioner of highways, and under the direction of the commissioner, he shall supervise all construction and maintenance work of the department and perform such other duties as are assigned to him by the commissioner. (2) With prior approval of the secretary and pursuant to KRS Chapter 12, the department shall be divided into such divisions as the commissioner of highways may deem necessary to perform the duties and functions of the department. Each division shall perform the duties assigned to it by the commissioner of highways and shall be headed by a director who shall act under the direction and supervision of the commissioner of highways. History: Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 17. -- Amended 1954 Ky. Acts ch. 242, sec. 1. -- Amended 1948 Ky. Acts ch. 80, sec. 19. -- Amended 1944 Ky. Acts ch. 18, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-2, 4618-99.

KRS 176.030 Repealed, 1944

176.030. Repealed, 1944 Catchline at repeal: State Highway Commission. History through 1968: Repealed 1944 Ky. Acts ch. 62, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-100.

KRS 176.040 Repealed, 1960

176.040. Repealed, 1960 Catchline at repeal: Employees of department; salaries. History: Repealed 1960 Ky. Acts ch. 183, sec. 1. -- Repealed in part 1946 Ky. Acts ch. 27, sec. 46. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3f.

KRS 176.050 Duties of department

176.050. Duties of department (1) The department shall: (a) Investigate all problems relating to the construction and maintenance of roads in the state; (b) Examine all projects and ascertain the feasibility of all routes; (c) Obtain information as to the proper type of road for any project; (d) Examine all types of road materials which may be used in the construction or maintenance of any road to be constructed by the department or under its direction or supervision; (e) Require the design plans for all road projects constructing a new route to identify, if at all feasible, one (1) or more publicly owned sites at least four (4) acres in size, along the proposed new route that will be used as waste sites during the construction phase of the project but that have the potential for a city, county, or other governmental entity to turn the site into an industrial park upon completion of the road project, regardless of whether the site currently has the infrastructure necessary to support an industrial park; (f) Consult with all legislative bodies affected by a new road construction project during the design phase for the purpose of soliciting local government officials' preferences for the location of waste sites that could be turned into an industrial park; (g) From time to time, examine and have examined and audited all of its books, papers and records; (h) Cause to be made all necessary surveys in the establishment and construction of the system of public highways; all necessary maps, prints, plans and specifications of all work to be done on the roads; estimates of costs; advertisement for bids; contracts for construction or maintenance; and all necessary forms in connection therewith; and (i) Promulgate administrative regulations under KRS Chapter 13A for the care and maintenance of roads after they have been constructed. (2) The department may publish bulletins containing useful information concerning the construction and maintenance of roads. (3) An invoice or bill to be paid out of the road or bridge funds shall not be approved by the department for payment until it has been carefully examined by the department to ascertain if the bill or invoice is in every respect a proper and legitimate charge against the road or bridge funds. The commissioner may call before him any person who may have information respecting any bill or invoice. Effective: March 27, 1998 History: Amended 1998 Ky. Acts ch. 181, sec. 1, effective March 27, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3e, 4356t-3f.

KRS 176.051 Department to eradicate noxious weeds and invasive plants on rights-of-way -- Advertisement of program -- Administrative regulations

176.051. Department to eradicate noxious weeds and invasive plants on rights-of-way -- Advertisement of program -- Administrative regulations (1) The Department of Highways shall keep all state rights-of-way free of all of the following, which are noxious weeds and invasive plants: (a) The species of grass, Sorghum halepense, commonly known as Johnson grass; (b) The species of weed commonly known as giant foxtail; (c) The thistles Cirsium arvense and Carduus nutans, commonly known as Canada thistles and nodding thistles, respectively; (d) Multiflora rose; (e) Kudzu; (f) Poison hemlock; (g) Marestail; (h) Amur honeysuckle; (i) Japanese knotweed; and (j) Common teasel. (2) Upon written request, the department shall give priority to and shall cooperate with any abutting property owner engaged in a program of eradication by eradicating the noxious weeds and invasive plants identified in subsection (1) of this section, or in administrative regulations promulgated pursuant to subsection (4) of this section, from abutting state rights-of-way. The department shall take steps to eradicate this grass and these weeds or thistles by the use of chemicals or any other means found to be effective by the department. (3) The Department of Highways shall inform property owners of the availability of the eradication program. In carrying out this responsibility the department shall, no later than the first week in March of every year, advertise in each county, pursuant to the provisions of KRS Chapter 424 that the program is available. The department shall stipulate in the advertisement the place and manner in which an interested property owner may make a written request for inclusion in the program. The department shall also promote awareness of the availability of the eradication program through the use of electronic media and the Cooperative Extension Service. (4) (a) The Department of Highways may by administrative regulation add noxious weeds and invasive plants to or delete them from the list of noxious weeds and invasive plants enumerated in subsection (1) of this section. In making a determination regarding a noxious weed or invasive plant, the department may consider the following: 1. The plant's ability to directly or indirectly injure or cause damage to crops, livestock, poultry, or other interests of agriculture; 2. The plant's impact on the public health; 3. The plant's impact on the environment; and 4. The level of difficulty associated with controlling or eradicating the plant. (b) The department shall review this administrative regulation at least once every four (4) years. (c) For purposes of this subsection, "livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 129, sec. 7, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 53, sec. 1, effective July 15, 2014. -- Amended 1990 Ky. Acts ch. 433, sec. 3, effective April 10, 1090. -- Amended 1984 Ky. Acts ch. 29, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 28, sec. 1, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 80, sec. 1, effective March 29, 1976. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Amended 1968 Ky. Acts ch. 65, sec. 1. -- Amended 1960 Ky. Acts ch. 149, sec. 1, effective June 16, 1960. -- Created 1956 (2d Extra. Sess.) Ky. Acts ch. 2, sec. 1.

KRS 176.052 Repealed, 1960

176.052. Repealed, 1960 Catchline at repeal: State Highway Commission; appointment; term; duties. History: Repealed 1960 Ky. Acts ch. 3, sec. 1, effective February 3, 1960. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. V.

KRS 176.053 Trees along rights-of-way -- Proceeds from sale of products

176.053. Trees along rights-of-way -- Proceeds from sale of products (1) The Department of Highways is authorized to plant or set trees on and along any and all rights-of-way of highways or state property adjacent thereto, and to cut and sell wood, lumber, or forest products therefrom. (2) All proceeds from the sale of such wood, lumber, or forest products shall be held in a separate fund for the maintenance, construction, or improvement of highways, or the acquiring of rights-of-way, and the improvement or development thereof. History: Created 1962 Ky. Acts ch. 132, secs. 1 and 2.

KRS 176.054 Obtaining trees to carry out KRS 176.053

176.054. Obtaining trees to carry out KRS 176.053 The Energy and Environment Cabinet shall furnish to the Department of Highways such seedlings or young trees as the department may require, or as may be available. The Department of Highways shall pay to the Energy and Environment Cabinet the reasonable value thereof as may be agreed upon between such departments. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 230, effective July 15, 2010. -- Created 1962 Ky. Acts ch. 132, sec. 3.

KRS 176.055 Dissemination of information concerning roads and highways

176.055. Dissemination of information concerning roads and highways (1) The Department of Highways may purchase space in magazines, newspapers, and other publications and may cause to be made and circulated all maps, prints, plans, lithographs, engravings, photographs, drawings, art work, and other specialized work deemed necessary in the dissemination of information concerning its roads and highways. (2) The Department of Highways, with the approval of the Governor, may expend an amount not in excess of two hundred and fifty thousand dollars ($250,000) a year for the purposes set out in subsection (1) hereof. (3) The provisions of KRS Chapter 57 shall not be applicable or controlling in the expenditure of this fund. History: Created 1950 Ky. Acts ch. 47, secs. 1, 2 and 3.

KRS 176.056 Light from outdoor fixtures not to encroach on agricultural land -- Shielding -- Complaint -- Exception

176.056. Light from outdoor fixtures not to encroach on agricultural land -- Shielding -- Complaint -- Exception (1) As used in this section: (a) "Agricultural land" means: 1. Any tract of land, including all income -producing improvements, of at least ten (10) contiguous acres in area used for the production of livestock, livestock products, poultry, poultry products or the growing of tobacco or other crops including timber; or 2. Any tract of land devoted to and meeting the requirements and qualifications for payments pursuant to agriculture programs under an agreement with the state or federal government; (b) "Fully shielded" means an outdoor light fixture that is shaded so that light rays emitted by the fixture, either directly from the lamp or indirect ly from the fixture, are no longer encroaching on agricultural land; and (c) "Outdoor light fixture" means any light fixture owned or maintained by the cabinet. (2) The cabinet shall not allow light emitted from an outdoor light fixture to encroach on any agricultural land, whether public or private. (3) Any new outdoor light fixture installed after April 13, 2026, which emits light that encroaches on agricultural land shall be fully shielded at the time of installation. (4) If light emitted from an outdoor light fixture encroaches on agricultural land, the owner of that land may submit a complaint in writing to the cabinet, and the cabinet shall ensure that the outdoor light fixture is fully shielded within thirty (30) days o f the date of the submission of the written complaint. (5) This section shall not apply to outdoor light fixtures used by the cabinet or its contractors incidental to a highway construction or maintenance project, provided the encroachment lasts for no longer than one hundred eighty (180) days and that the lights are turned off when not in active use for construction or safety purposes. Effective: April 13, 2026 History: Created 2026 Ky. Acts ch. 130, sec. 1, effective April 13, 2026.

KRS 176.057 Certain railroad property to be considered roads -- Use of funds for maintenance and repair

176.057. Certain railroad property to be considered roads -- Use of funds for maintenance and repair For the purposes of this chapter and KRS Chapter 178 on and after July 1, 2010, railroad crossings, railroad spurs that access industrial parks, and shortline railroads at or near intersections with roadways shall be considered roads. The industrial access road fund within the Transportation Cabinet and other funds specified by the secretary or requested by the secretary of the Cabinet for Economic Development may be used for their maintenance and repair. Effective: June 26, 2009 History: Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 54, effective June 26, 2009.

KRS 176.060 Roads under construction -- Regulation of traffic -- Temporary roads

176.060. Roads under construction -- Regulation of traffic -- Temporary roads The department may stop or regulate all traffic over any road being constructed or improved until it is ready to be opened to the public, and may designate other roads for the accommodation of traffic until the construction is completed. The department may establish temporary roads while such construction is going on, and may make arrangements with landowners for necessary temporary rights-of-way, and may contract and pay for such rights-of-way out of appropriations from the state road fund by certifying the costs to the Finance and Administration Cabinet. The temporary road shall be opened for travel at least two (2) weeks before work is begun on the road proposed to be constructed or improved. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3f.

KRS 176.065 No restriction on use of recycled asphalt products meeting cabinet standards -- Report

176.065. No restriction on use of recycled asphalt products meeting cabinet standards -- Report (1) As used in this section, "reclaimed asphalt pavement" or "RAP" has the same meaning as in KRS 179.418. (2) The Transportation Cabinet shall not restri ct the use of recycled asphalt products used on a project, provided that the asphalt mixture meets the performance standards and criteria used by the cabinet. (3) No later than October 31, 2026, and annually thereafter, the cabinet shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committee on Appropriations and Revenue and the Interim Joint Committee on Transportation on the use of RAP in projects undertaken by the cabinet. This report shall include an analysis of the use of RAP as opposed to traditional asphalt according to the following criteria: (a) The amount of road miles using each substance; (b) The cost per mile of each substance; (c) A comparison of pavement durability; and (d) A comparison of pavement quality. Effective: July 1, 2026 History: Created 2026 Ky. Acts ch. 125, sec. 2, effective July 1, 2026.

KRS 176.070 Advertisement for bids

176.070. Advertisement for bids (1) After surveys, plans, specifications and estimates have been completed for any road or section thereof, and the type and character of the road has been determined, and the right-of-way obtained, the bureau shall advertise by publication pursuant to KRS Chapter 424, for bids on the work, and may contract for the purchase of all materials necessary for the construction and maintenance of roads. (2) Before advertising for bids for the construction or reconstruction of any highway, the department may determine the type of improvement desired, and may advertise and receive bids for only the types determined. The advertisement shall make it generally known that the work is to be done, and shall state the place where the bidders may examine the plans and specifications. History: Amended 1966 Ky. Acts ch. 239, sec. 150. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356t-3f, 4356t-6, 4356t- 17-2b.

KRS 176.080 Bond or check to accompany bid -- Opening of bids - Awarding of contracts - Security - Bids may be rejected -- Advertisement for new bids

176.080. Bond or check to accompany bid -- Opening of bids - Awarding of contracts - Security - Bids may be rejected -- Advertisement for new bids (1) Each bidder shall accompany his bid with a bond or certified check payable to the State Treasurer for a reasonable sum, fixed by the department, guaranteeing that he will enter into a contract with the department for doing the work if the work is awarded to him. (2) Bids shall be opened publicly at the time and place designated in the invitation for bids. At the time the bids are opened, the department shall announce the department's engineer's estimate and make it a part of the department's records pertaining to the letting of any highway construction project contract for which bids were received. Each bid, together with the name of the bidder and the department's engineer's estimate, shall be recorded and open to public inspection. (3) The contract shall be awarded to the lowest and best bidder. The department may require bonds from any contractor to secure the performance of any contract or may require security by any other means it deems advisable. (4) The department may reject any bid when it finds it for the best interest of the state to do so. When all bids are rejected, the department shall advertise for new bids as in the first place. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 278, sec. 2, effective July 15, 1994. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356t- 3f, 4356t-6.

KRS 176.082 Reciprocal preference to be given to resident bidders on construction projects

176.082. Reciprocal preference to be given to resident bidders on construction projects (1) Prior to a contract being awarded for the construction phase of a project, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder and shall be applied after the opening of the bids. (2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the department advertises for bids: (a) Is authorized to transact business in the Commonwealth; and (b) Has for one (1) year prior to and through the date of advertisement, filed Kentucky corporate or other business income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect. (3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section. (4) The department shall use the list and administrative regulations described in KRS 45A.494(6) to determine the preferences to be given in awarding a contract. (5) The preference shall not be given if the preference conflicts with federal law. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 162, sec. 5, effective July 15, 2010.

KRS 176.085 Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty

176.085. Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty (1) (a) No contract for building, construction, reconstruction, renovation, demolition, or other type work on any state road, waterway, or aviation-related work, shall be awarded by any agency, department, or office of the Commonwealth of Kentucky or any political subdivision of the Commonwealth of Kentucky to any person until that person assures, by affidavit, that all contractors and subcontractors employed, or that will be employed, under the provisions of the contract shall be in compliance with Kentucky requirements for workers' compensation insurance according to KRS Chapter 342 and unemployment insurance according to KRS Chapter 341. (b) An agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a contract to a person that is a foreign entity unless that foreign entity, on the records of the Secretary of State, holds a certificate of authority or a statement of foreign qualification. (2) Any person who fails to comply with the requirements of subsection (1) of this section during the term of the state contract, upon such finding by a court of competent jurisdiction, shall be fined an amount not to exceed four thousand dollars ($4,000), or an amount equal to the sum of uninsured and unsatisfied claims brought under the provisions of KRS Chapter 342 and unemployment insurance claims for which no wages were reported as required by KRS Chapter 341, whichever is greater. (3) The penalty imposed in subsection (2) of this section shall be enforced by the county attorney for the county in which the violation occurred. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 81, sec. 87, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 80, sec. 3, effective June 8, 2011. -- Created 1990 Ky. Acts ch. 174, sec. 3, effective July 13, 1990.

KRS 176.090 Provisions of contract -- Partial and complete payment -- Bonds, bids, etc., to be filed

176.090. Provisions of contract -- Partial and complete payment -- Bonds, bids, etc., to be filed (1) The contract shall state the time when the work shall be begun and completed, and the time and manner of payment. The department may require that a certain percent of the contract price, or a certain fixed sum shall not be paid to the contractor until a fixed time after completion and acceptance of the work. (2) When the contract provides for partial payment based on the amount of work done, the representative of the department in charge of the work shall present to the department, as each payment becomes due, a certificate signed by him, showing as nearly as possible the amount of work done for which payment is to be made. If the state highway engineer finds that the amount certified is due, the Finance and Administration Cabinet shall draw a warrant for the amount certified, on the request of the Department of Highways. (3) When the work has been fully completed, the representative of the department shall certify to the department a detailed and itemized statement of the cost of the work done, and if it is found to be correct, the department shall certify the amount to the Finance and Administration Cabinet, which shall draw a warrant for the amount due. (4) All bonds and bids filed and all contracts approved by the department and a copy of all specifications and certifications shall be kept on file in the office of the department. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-6.

KRS 176.095 Contractor's deposit of securities with department

176.095. Contractor's deposit of securities with department (1) Where any percent of a contract price or a certain fixed sum shall have been retained pursuant to the provisions of subsection (1) of KRS 176.090, the contractor may from time to time withdraw the whole or any portion of the amount retained for payments to the contractor pursuant to the terms of the contract and substitute therefor securities of the following classes which are upon deposit with a custodian designated by the commissioner of the department and approved by the secretary of the Finance and Administration Cabinet: (a) United States treasury bonds, United States treasury notes, United States certificates of indebtedness, United States treasury bills, (b) Bonds of the Commonwealth of Kentucky, or (c) Bonds of any political subdivision, including school districts, of the Commonwealth of Kentucky. No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or the par value of such securities, whichever is lower. (2) The custodian shall on a regular basis collect all the interest or income on the obligations so deposited and shall pay the same when and as collected to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the custodian shall deliver each coupon as it matures to the contractor. (3) Any amount deducted by the department, pursuant to the terms of the contract, from the retained payments otherwise due the contract, shall be deducted first from that portion of such retained payments for which no security has been substituted, then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons or income only from those securities which remain after such amount has been deducted. (4) The securities so deposited shall be properly endorsed by the contractor in such manner so as to enable the custodian to carry out the provisions of this section. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 155, sec. 41, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2); and ch. 74, Art. IV, sec. 20(1). -- Amended 1972 Ky. Acts ch. 203, sec. 34. -- Created 1970 Ky. Acts ch. 38, sec. 1.

KRS 176.100 Deviation from contract

176.100. Deviation from contract No contractor shall deviate from the provisions, plans or specifications upon which a contract has been awarded without first having obtained written authority from the department to do so. If the contractor does deviate without such authority, neither the State of Kentucky, the Department of Highways, the Finance and Administration Cabinet nor the State Treasurer shall pay or be liable for any work or material not fully provided for in the original contract. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3f.

KRS 176.110 Breach of contract -- Cancellation to keep expenditures within annual income

176.110. Breach of contract -- Cancellation to keep expenditures within annual income (1) If any person having a contract with the department fails to carry out the contract, the department may cancel the contract and reaward it without advertisement if it can obtain a qualified contractor to perform the work at the original contract price or for less. Otherwise the work shall be advertised as required by law. (2) When the department ascertains that the cost of any contract or the cost of continued work on any contract will exceed the revenues of the fiscal year, the department may cancel any such contract or any portion thereof necessary in order to keep expenditures within the revenues of the fiscal year, and may contract for the completion of such work when the funds are available without advertising the work if it can obtain a qualified contractor to assume the work at the original contract price. Otherwise the work shall be advertised as required by law. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3f.

KRS 176.120 Repealed, 1964

176.120. Repealed, 1964 Catchline at repeal: Construction work that may be done by department. History: Repealed 1964 Ky. Acts ch. 22, sec. 2. -- Amended 1960 Ky. Acts ch. 137, sec. 1. -- Created 1958 Ky. Acts ch. 18, sec. 1.

KRS 176.121 Construction work by department employees

176.121. Construction work by department employees The Department of Highways may cause any road construction or reconstruction to be done by employees of the department instead of through contractors when, in the opinion of the commissioner as expressed in an official order, any of the following conditions is found to exist: (1) Emergency construction or reconstruction is made necessary by the fact that a road has been rendered unusable or the urgency of need for construction or reconstruction is apparent. (2) Construction or reconstruction of access roads would serve as an inducement to industrial location or substantial expansion of industry, and the estimated cost of the project is less than one hundred twenty-five thousand dollars ($125,000). (3) The project involves: an existing road and provides for such work as improvement of sight distance, traffic marking, channelization or the addition or widening of traffic lanes or widening of shoulders; or construction, reconstruction, widening or strengthening of small bridges and projects for which preparation of detailed plans required to secure bids is unnecessary; or an emergency need does not allow for time for preparation of plans and advertisement for bids. (4) No satisfactory bid is received for the construction or reconstruction of the road after all necessary steps have been taken to obtain bids for such work, and the estimated cost of the projects is less than one hundred twenty-five thousand dollars ($125,000). Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 46, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1); and ch. 92, sec. 1. -- Created 1964 Ky. Acts ch. 22, sec. 1.

KRS 176.122 Definitions for KRS 176.122 to 176.128

176.122. Definitions for KRS 176.122 to 176.128 As used in KRS 176.122 to 176.128, unless the context requires otherwise: (1) "Department" means Department of Highways, Commonwealth of Kentucky. (2) "Person" means any individual, firm, agency, company, association, partnership or corporation. History: Created 1962 Ky. Acts ch. 154, sec. 1.

KRS 176.124 Work of department personnel restricted to rights-of-way

176.124. Work of department personnel restricted to rights-of-way No officer, agent or employee of the Commonwealth of Kentucky, Department of Highways, shall perform or cause to be performed any work or provide or cause to be provided services of any nature beyond the right-of-way limits of any public road, nor shall any person accept the work or services of any officer, agent or employee of the department on private property. History: Created 1962 Ky. Acts ch. 154, sec. 2.

KRS 176.126 Use of department goods and materials restricted to rights-of-way

176.126. Use of department goods and materials restricted to rights-of-way No goods or materials belonging to or under control of the department shall be used in work of any nature beyond the right-of-way limits of any public road, nor shall any person accept or permit the use of such goods or materials on private property. History: Created 1962 Ky. Acts ch. 154, sec. 3.

KRS 176.128 Effect of KRS 176.122 to 176.128

176.128. Effect of KRS 176.122 to 176.128 Nothing in KRS 176.122 to 176.128 shall be so construed as to prevent the lawful execution of other granted powers necessary to accomplish the purposes of the Department of Highways. History: Created 1962 Ky. Acts ch. 154, sec. 6.

KRS 176.130 Certificates of eligibility for contractors -- Application -- When necessary

176.130. Certificates of eligibility for contractors -- Application -- When necessary (1) Every person who seeks to procure, bid upon, or offer to bid upon any contract with the department for the construction or maintenance of any public road or any section thereof, before procuring a proposal form or submitting any bid to obtain such contract, shall procure a certificate of eligibility from the department to bid on such work. (2) All applications for a certificate of eligibility shall be made to the department in writing, and the department shall act upon the application within thirty (30) days after the application is filed. (3) A certificate of eligibility is not necessary where the department purchases equipment, material and supplies directly, except in the case of the purchase of crushed stone in lots of more than one thousand (1,000) tons, or bituminous materials in tank car lots. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356t-18, 4356t-25.

KRS 176.140 Determination of eligibility to bid

176.140. Determination of eligibility to bid (1) The department shall determine who shall be eligible to bid upon any contract with the department for the construction or maintenance of any public road or section thereof. The department may adopt rules and regulations and make investigations and examinations to determine the financial status, experience, responsibility, business ability, previous record, sufficiency of plant and equipment, and any other pertinent facts necessary to determine the eligibility of the proposed bidder. (2) The department shall establish rules and regulations governing the application for the certificate of eligibility, the means and methods of obtaining information relative to the applicant, and the granting of, or refusal to grant, a certificate of eligibility, and may require a financial statement of the applicant, verified by the applicant or, in the case of a corporation, by an authorized official thereof, as often as the department deems it necessary, and at least once in every twelve (12) months. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-19.

KRS 176.150 Information required with application for certificate of eligibility

176.150. Information required with application for certificate of eligibility (1) No applicant shall be given a certificate of eligibility unless his financial statement and the investigation made by the department show that he possesses net current assets or working capital sufficient in the judgment of the department to render it probable that he can satisfactorily execute his contracts and meet obligations therein incurred. All applications for certificates shall expressly authorize the department to obtain all information which it deems pertinent with respect to the financial status, assets, and liabilities of the applicant from any persons having business transactions with the applicant, and shall expressly authorize all those persons to furnish any information requested from them by the department. (2) No applicant shall be given a certificate of eligibility until the applicant provides the secretary of the Transportation Cabinet with his sworn statement made under penalty of perjury that he has not knowingly violated any provision of the campaign finance laws of the Commonwealth and that the award of a contract to the applicant will not violate any provision of the campaign finance laws of the Commonwealth. "Knowingly" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his conduct is of that nature or that the circumstance exists. (3) Certificates of eligibility shall be issued without reference to the residence of applicants and the administrative regulations regarding the issuance of certificates shall apply equally to residents and nonresidents. A certificate of eligibility shall not be denied to any applicant upon the sole issue of nationality or residence. (4) When the applicant is a foreign corporation, limited liability company, or limited partnership, the application shall be accompanied by a certificate from the Secretary of State of the jurisdiction in which it is organized certifying that it is validly existing and in good standing and a certificate from the Kentucky Secretary of State certifying that it is authorized to transact business in the Commonwealth of Kentucky. Effective: July 15, 2010 History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 45, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 137, sec. 45, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 288, sec. 22, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356t-20, 4356t-22, 4356t-23. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, "The specific textual provisions of Sections 1 to 178 of this Act which reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed effective as of June 26, 2007, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text of those sections being unaffected by the provisions of this section."

KRS 176.160 Issuance or denial of certificate -- Effect

176.160. Issuance or denial of certificate -- Effect (1) After obtaining such information as it deems necessary relative to the qualification of the applicant, the department shall determine whether or not the applicant is eligible to bid upon road contracts. The department shall promptly notify all applicants of its final action on their applications. (2) If the department determines that the applicant is eligible, it shall issue to him a certificate of eligibility which shall entitle the applicant to bid upon any contract with the department for the construction or maintenance of any public road or section thereof upon which bids are being asked. (3) If the department determines that the applicant is ineligible to bid, it shall reject the application and refuse to issue the certificate of eligibility, and the applicant shall not thereafter make application for a certificate of eligibility until he is qualified, both financially and in all other ways. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-20.

KRS 176.170 Administrative hearing -- Appeal

176.170. Administrative hearing -- Appeal (1) Any applicant aggrieved by the decision of the department made pursuant to KRS 176.160 may, within ten (10) days after receiving notification of the decision, request in writing an administrative hearing which shall be conducted in accordance with KRS Chapter 13B. (2) Any applicant who is aggrieved by the final order of the department may appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 59, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-20.

KRS 176.180 Limitation on certificate -- Rehearing

176.180. Limitation on certificate -- Rehearing (1) In issuing a certificate of eligibility to any applicant, the department may limit the scope of the certificate as to the number or type of projects, or the amount of work that the contractor may bid upon. (2) Any applicant who is dissatisfied with the department's ruling as to the aggregate amount of work which he will be permitted to have under contract at any one (1) time, may at any time file a new application for qualification. Such new application shall be promptly considered and acted upon by the department. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-20.

KRS 176.190 Revocation of certificate -- Notice -- Hearing

176.190. Revocation of certificate -- Notice -- Hearing A certificate of eligibility may be revoked by the department only after a written notice is given to the qualified bidder and an opportunity given to him for an administrative hearing conducted in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 60, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-21.

KRS 176.200 Subcontractor to be named

176.200. Subcontractor to be named Before making an award the department may require the bidder to name the subcontractor whom he intends to employ for the various divisions of the work bid upon. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-24.

KRS 176.210 Lists of qualified bidders may be made public

176.210. Lists of qualified bidders may be made public The department may make public from time to time lists of qualified bidders. Such lists shall be general in character and shall not indicate the size of the contracts with respect to which the bidders have qualified. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-22.

KRS 176.220 Bids from unqualified bidders

176.220. Bids from unqualified bidders The department shall not consider any bid filed with it by any person not holding a certificate of eligibility. Bids from unqualified bidders which are discovered by the department before they are read, shall be returned to the bidders without being read. If the department finds subsequent to the opening of bids that facts exist which would disqualify the lowest bidder, or that such bidder is not responsible and competent, the department shall reject such bid, despite the previous qualification of the bidder. The department shall not award any contract to any bidder not qualified to bid thereon at the time the bids are opened. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-25.

KRS 176.230 Repealed, 1962

176.230. Repealed, 1962 Catchline at repeal: License fee. History: Repealed 1962 Ky. Acts ch. 153, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-26.

KRS 176.240 Federal aid for road building -- Cooperation by department -- Allocation of funds

176.240. Federal aid for road building -- Cooperation by department -- Allocation of funds (1) The department may contract with the federal government in regard to the survey, construction and maintenance of roads under any Act of Congress providing federal aid to the states in road construction, and may, subject to the rules of the United States Secretary of Agriculture, make plans for and supervise the construction of federal aid roads, and may do all things necessary to fully carry out the cooperation contemplated. (2) The department may set apart out of moneys appropriated out of the state road fund an amount equal to any sum allotted to the state by the federal government, or any sum necessary to carry on cooperative work with the federal government. (3) The State Treasurer may receive money due under the provisions of any federal aid act, and he shall pay out such money upon warrants of the Finance and Administration Cabinet issued in payment of claims certified by the Department of Highways. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3f.

KRS 176.241 Definitions for KRS 176.241 to 176.249

176.241. Definitions for KRS 176.241 to 176.249 As used in KRS 176.241 to 176.249: (1) "County population ranking" has the same meaning as in KRS 154.21-015; (2) "County roads" has the same meaning as in KRS 178.010; (3) "Local Assistance Road Program" or "LARP" means a list of rehabilitation projects on county roads, streets, and urban roads identified by the General Assembly for funding grants; and (4) "Streets" and "urban roads" have the same meaning as in KRS 177.365. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 108, sec. 1, effective June 27, 2025.

KRS 176.243 Cabinet to establish LARP application procedures -- Annual submission of evaluated project requests -- General Assembly to make final determination for LARP grants

176.243. Cabinet to establish LARP application procedures -- Annual submission of evaluated project requests -- General Assembly to make final determination for LARP grants (1) (a) The cabinet shall establish procedures by which a city or county may make application for portions of county roads, streets, and urban roads in its jurisdiction to be considered for grants from the LARP. (b) A city or county may submit to the cabinet for consideration for the LARP only those rehabilitation projects that bring the road or street back to its original condition and shall not submit projects that increase capacity or involve other improvements over the original design of the road. (c) The maximum amount of funding that a city or county may receive for any individual project under a LARP grant is five hundred thousand dollars ($500,000). (d) Beginning on June 1 of each year, a city or county may submit projects for consideration for LARP grants to the cabinet in advance of each regular session of the General Assembly. In order to be considered for funding during a regular session of the General Assembly, the submission shall be made by October 1 of the preceding year. A project submitted in a previous year that was not selected shall be resubmitted under a new appl ication in order to be considered in a future year. (2) For each project application submitted under subsection (1) of this section, the cabinet shall: (a) Review the project to ensure it meets the requirements of subsection (1)(b) of this section; and (b) Evaluate the project in accordance with KRS 176.245 within thirty (30) days of the submission of the application. (3) Beginning on July 1 of each year, the cabinet shall submit to the General Assembly through the Legislative Research Commission a list of all project requests submitted under subsection (1) of this section that have been evaluated by the cabinet in the previous month. The list shall be divided into two (2) sections, one (1) section listing projects involving county roads, and one (1) section listing projects involving streets and urban roads. The list shall, at a minimum, include the following information for each project: (a) The name of the city or county responsible for maintaining the road or street; (b) A unique project identification number; (c) The route and highway district where the project is located; (d) The length of the project to the nearest one-tenth (1/10) of a mile; (e) A description of the project and the scope of rehabilitation; (f) The score assigned by the highway district for the project; (g) A narrative description of the reasoning for the numerical score assigned under paragraph (f) of this subsection; (h) Photographs of the project area showing the scope of work, with at least one (1) photograph of every three hundred (300) feet of roadway; and (i) The estimated cost to complete the project. (4) No later than November 1 of each year, the cabinet shall submit to the General Assembly through the Legislative Research Commission a list of all project requests submitted under subsection (1) of this section for the year, containing the same information listed in subsection (3) of this section. (5) The General Assembly shall make the final determination of which projects are to be awarded grants under the LARP. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 108, sec. 2, effective June 27, 2025.

KRS 176.245 Scoring system for project evaluation

176.245. Scoring system for project evaluation (1) To evaluate projects submitted for grants under the LARP, the cabinet shall develop a scoring system for the project which assigns a score using a one (1) to ten (10) scale, with higher numbers assigned to projects exhibiting the greatest need. (2) Each highway district shall use the scoring system developed under this section to evaluate all projects within the highway district, and shall submit a score to the cabinet. (3) The scoring system developed under this section shall include an evaluation of the following factors: (a) Preservation of assets, which shall include an evaluation of the current physical condition of the road, including wear and tear, cracking, missing pavement and potholes, roadway and shoulder degradation, and rutting; (b) Safety; (c) Cost; (d) Traffic volume; and (e) Priority ranking within the highway district. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 108, sec. 3, effective June 27, 2025.

KRS 176.247 Local matching funds requirement -- Amounts required

176.247. Local matching funds requirement -- Amounts required (1) The cabinet shall use the county population ranking produced every two (2) years by the Cabinet for Economic Development to determine the amount of local matching funds required for grants awarded from the LARP. (2) The required local match for a project r eceiving funds from the LARP for projects awarded in the next regular session of the General Assembly shall be as follows: (a) Eligible projects in counties where the county population ranking is equal to or greater than one hundred ninety -three (193) shall provide local matching funds equal to ten percent (10%) of the project cost; (b) Eligible projects in counties where the county population ranking is less than one hundred ninety-three (193) but equal to or greater than one hundred forty - five (145) shall provide local matching funds equal to twelve and one -half percent (12.5%) of the project cost; (c) Eligible projects in counties where the county population ranking is less than one hundred forty-five (145) but equal to or greater than ninety-seven (97) shall provide local matching funds equal to fifteen percent (15%) of the project cost; (d) Eligible projects in counties where the county population ranking is less than ninety-seven (97) but equal to or greater than forty -nine (49) shall provide local matching funds equal to seventeen and one-half percent (17.5%) of the project cost; and (e) Eligible projects in counties where the county population ranking is less than forty-nine (49) shall provide local matching funds equal to twenty percent (20%) of the project cost. (3) A city or county may use funds received under KRS 177.320(2) and 177.365 to provide local matching funds for projects in the LARP. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 108, sec. 4, effective June 27, 2025.

KRS 176.249 Quarterly activity report required -- Data to be included

176.249. Quarterly activity report required -- Data to be included (1) The cabinet shall, on a quarterly basis, transmit electronically to the General Assembly through the Legislative Research Commission a report on all activity relating to projects funded through the LARP in a particular year. (2) The data for each project listed in the report required by subsection (1) of this section shall contain all activity on projects funded through the LARP for that year, and shall also include but not be limited to the following: (a) The name of the city or county responsible for maintaining the road or street; (b) A unique project identification number; (c) The route and highway district where the project is located; (d) The length of the project to the neare st one-tenth (1/10) of a mile; (e) A description of the project and the scope of rehabilitation; (f) The original estimated cost to complete the project; (g) The status of funding for the project; (h) If the project has been let, the: 1. Name of the contractor; 2. Contractor's vendor number in the statewide accounting system; 3. Current contract amount; and 4. Current amount earned by the contractor; and (i) The: 1. Estimated date for completion of the project; 2. Current percentage of work completed based upon time; 3. Actual contract completion date, if applicable; and 4. Final actual cost to complete the project, if applicable. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 108, sec. 5, effective June 27, 2025.

KRS 176.250 Duties of department in regard to county roads

176.250. Duties of department in regard to county roads The department shall: (1) Recommend rules and regulations determining the method of constructing roads and fixing the duties of county road engineers and their employees in respect to all public roads; (2) Instruct and advise with the county road engineers and their employees as to the establishment of grades and suitable systems of drainage and as to the construction, improvement and maintenance of public roads; (3) Cause plans, specifications and estimates to be prepared for the repair and improvement of public roads and the construction and repair of bridges, and, when requested, advise upon the various methods of road construction adapted to different sections of the state, and as to the best methods of construction and maintenance of public roads throughout the state, and collect such information relating thereto as it deems expedient; and (4) Cause meetings to be held in each county for the purpose of furnishing general information and instruction upon the maintenance and improvement of public roads and the application of the road laws and the rules of the department. The department shall notify the county engineer of any county of such meetings and specify the date and place thereof. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-13.

KRS 176.255 Repealed, 1980

176.255. Repealed, 1980 Catchline at repeal: Administrative control of covered wooden bridges - Title - Maintenance. History: Repealed 1980 Ky. Acts ch. 323, sec. 3, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 170, sec. 2. -- Created 1974 Ky. Acts ch. 364, sec. 2.

KRS 176.260 Fiscal year of department

176.260. Fiscal year of department The fiscal year for the Department of Highways which commences on April 1, 1950, shall be extended up to and including June 30, 1951, and thereafter the fiscal year for the department shall begin July 1, and end June 30. History: Amended 1950 Ky. Acts ch. 32, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-17-1.

KRS 176.270 Finance and Administration Cabinet to furnish income estimates

176.270. Finance and Administration Cabinet to furnish income estimates On or before June 1 of each year, the Finance and Administration Cabinet shall furnish to the Department of Highways estimates of income for the ensuing fiscal year. Upon the request of the Department of Highways the Finance and Administration Cabinet shall, from time to time, furnish revised estimates of income. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 273, sec. 9, effective July 15, 1988. -- Amended 1950 Ky. Acts ch. 32, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-17-2.

KRS 176.280 Legal service -- Duty of county attorneys

176.280. Legal service -- Duty of county attorneys The county attorneys shall each render legal service to the department in carrying out its duties. The services so rendered shall be without additional compensation, and no county attorney shall be required to render service outside his county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-3f.

KRS 176.400 Covered wooden bridges -- Administrative control -- Title -- Maintenance

176.400. Covered wooden bridges -- Administrative control -- Title -- Maintenance (1) Administrative control of covered wooden bridges designated as state shrines shall be shared by the Transportation Cabinet, the Department of Parks, the Kentucky Heritage Council, and the authorities created under KRS 176.410. (2) The Transportation Cabinet shall maintain all covered wooden bridges in the Commonwealth which are on public roads and open to vehicular traffic. The cabinet shall maintain the bridges for safety and for historical and aesthetic beauty. The cabinet shall prepare estimates of the cost of maintaining covered wooden bridges which are on public roads and open to vehicular traffic and shall identify and include the total of these estimates in its biennial budget request. (3) The cabinet may delegate its responsibility for maintenance of covered bridges located on roads maintained by a county to the local government responsible for such roads. Delegation of responsibility for maintenance of covered bridges to a local government shall require periodic inspection by the cabinet. (4) Nothing in this section shall prevent an appropriate unit of government from closing a covered wooden bridge to vehicular traffic. (5) The Department of Parks shall be responsible for all covered wooden bridges located in the Commonwealth which are on public property and no longer open to vehicular traffic. The department shall maintain these bridges in sound structural condition and for historical and aesthetic beauty. The department shall prepare estimates of the cost of maintaining covered wooden bridges for which it has a responsibility and shall identify and include the total of these estimates in its biennial budget request. (6) When an appropriation is made to a covered wooden bridge authority created under the provisions of KRS 176.410, the Department of Parks shall transfer the obligation of maintenance for the bridges designated in the appropriation to that authority. (7) An authority may retransfer the right of possession or title and the obligation of maintenance of covered bridges under its jurisdiction to the Department of Parks. (8) The Heritage Division of the Kentucky Heritage Council may determine that an authority is inactive or unable to discharge its responsibilities and may transfer the right of title or possession to covered bridges under the jurisdiction of the authority to the Department of Parks. The division shall give notice of such an action to the authority and the Department of Parks. (9) (a) Prior to administering a project that involves the preservation, restoration, or maintenance of a covered wooden bridge, the administering entity shall: 1. Consider all recommendations submitted pursuant to KRS 176.410 by a covered wooden bridge authority pertaining to any bridge involved in the project; 2. Consult with the covered wooden bridge authority dedicated to the preservation, restoration, and maintenance of any bridge involved in the project, if such an authority exists; and 3. Hold at least one (1) public hearing within the county in which the bridge is located, with due notice given pursuant to KRS Chapter 424. The public hearing shall be held no later than sixty (60) days prior to the date the project is commenced or contracted, whichever is earlier. (b) The requirements of paragraph (a) of this subsection shall not apply to any emergency maintenance project that involves a covered wooden bridge if the project cost is less than fifty thousand dollars ($50,000). (10) In addition to the requirements set forth in subsection (9) of this section, any project that involves the preservation, restoration, or maintenance of a covered wooden bridge shall require approval by the Kentucky Heritage Council prior to the date the project is commenced or contracted, whichever is earlier. Effective: April 21, 2004 History: Amended 2004 Ky. Acts ch. 164, sec. 1, effective April 21, 2004. -- Amended 1982 Ky. Acts ch. 396, sec. 45, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 323, sec. 1, effective July 15, 1980.

KRS 176.410 County or multicounty covered wooden bridge authority -- Membership of authority -- Duties and functions of authority

176.410. County or multicounty covered wooden bridge authority -- Membership of authority -- Duties and functions of authority (1) Except as provided by KRS 176.400, at the request of citizens or organizations of a county or multicounty region, the Heritage Division of the Kentucky Heritage Council shall certify to the Governor the creation of a county or multicounty covered wooden bridge authority for that county or multicounty region. (2) (a) An authority shall consist of members appointed as follows: 1. The Governor shall appoint one (1) member from each participating county, unless the authority has only one (1) participating county, in which case the Governor shall appoint three (3) members from the participating county; and 2. The fiscal court of each participating county shall submit to the Governor a list of three (3) candidates, and the Governor shall appoint one (1) member from each list unless the authority has two (2) or fewer participating counties, in which case the Governor shall appoint two (2) members from each list. (b) The members of an authority shall hold office for terms of four (4) years and until their successors are appointed and qualify except that the terms of office of the members first appointed shall be staggered. An authority may elect by majority voice officers deemed necessary by its members. A majority of the members shall constitute a quorum. An authority shall meet at the call of its chairman, but at least twice during each calendar year. (3) An authority shall be dedicated to the preservation, restoration, and maintenance of all covered wooden bridges in the county or multicounty region for which it is created. (a) For covered wooden bridges not open to vehicular traffic, the duties and functions of an authority shall be to: 1. Review, recommend, and administer projects and programs to insure the proper preservation, restoration, and maintenance of covered wooden bridges in the county or multicounty region for which it is created. 2. Advise, consult, and cooperate with state, local, and national officials and agencies, and with the Heritage Division of the Kentucky Heritage Council as provided by KRS 176.400 and 176.410, to accomplish the purposes for which the authority is established. (b) For covered wooden bridges open to vehicular traffic, the duties and functions of an authority shall be to: 1. Make recommendations to the Transportation Cabinet and local officials on the proper preservation, restoration, and maintenance of covered wooden bridges in the county or multicounty region for which it is created. 2. Advise, consult, and cooperate with state, local, and national officials and agencies to accomplish the purposes for which the authority is established. (4) An authority may: (a) Accept grants or other funds or property from any source, public or private; (b) Enter into such contractual relationships as may be necessary; (c) Acquire real property, by gift or devise or by purchase pursuant to the provisions of KRS 45A.045, and hold the same in the name of the Commonwealth for the use and benefit of the authority; (d) Adopt rules and regulations necessary to the performance of its duties and functions. (5) Members of an authority may be reimbursed in accordance with the provisions of KRS Chapters 44 and 45 for actual and reasonable expenses incurred in the furtherance of the authority's activities. (6) The receipt, control, and expenditure of funds shall be subject to the general provisions of the Kentucky Revised Statutes governing financial administration of state agencies. (7) (a) For covered wooden bridges not open to vehicular traffic, each authority shall develop a program for the preservation, restoration, and maintenance of those covered wooden bridges in the county or multicounty region for which it was established. It shall select the bridges to be preserved, restored, or maintained within a biennium and shall prepare estimates of the cost of preservation, restoration, or maintenance within that biennium. (b) The program developed by an authority shall be submitted to the Heritage Division of the Kentucky Heritage Council. Upon approval by the division, the authority shall submit its program as its biennial budget request. (c) When an appropriation is made to an authority to fund its program for the preservation, restoration, and maintenance of covered wooden bridges, title to all covered wooden bridges to be preserved, restored, or maintained under its authority shall be transferred to the authority. Preservation, restoration, and maintenance of covered wooden bridges shall comply with the program approved by the Heritage Division of the Kentucky Heritage Council and shall be administered by the authority. Each authority is authorized to enter into any agreement or contract necessary to implement an approved and funded program. (8) For covered wooden bridges open to vehicular traffic, each authority shall develop a biennial list of recommendations for the preservation, restoration, and maintenance of those covered wooden bridges in the county or multicounty region for which it was created. This list shall be submitted biennially to the Transportation Cabinet and all fiscal courts within the authority's jurisdiction. (9) There is established the covered wooden bridge authority for the counties of Bracken, Fleming, Lewis, Mason, and Robertson as a pilot project. Effective: April 21, 2004 History: Amended 2004 Ky. Acts ch. 164, sec. 2, effective April 21, 2004. -- Amended 1990 Ky. Acts ch. 496, sec. 55, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 396, sec. 46, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 323, sec. 2, effective July 15, 1980.

KRS 176.415 Flags to be displayed at rest areas -- Human trafficking hotline telephone number to be prominently displayed in each rest area restroom

176.415. Flags to be displayed at rest areas -- Human trafficking hotline telephone number to be prominently displayed in each rest area restroom (1) The Department of Highways shall display the following flags at each rest area along the Commonwealth's interstate and turnpike system: (a) The flag of the United States of America, to honor our country and the democratic ideals of our forefathers; (b) The flag of the Commonwealth of Kentucky, as specified by KRS 2.030, to honor the Commonwealth and its citizens; and (c) The flag of the National League of Families of American Prisoners of War and Missing in Southeast Asia, the black and white banner commonly known as the POW/MIA flag, which symbolizes America's missing service members and our unwavering determination to account for them. (2) The Department of Highways shall post in every restroom located on the premises of each rest area in the Commonwealth either: (a) A printed sign in English and Spanish at least eight and one-half (8-1/2) inches by eleven (11) inches in size, with letters in at least sixteen (16) point font; or (b) A printed transparent static window cling in English and Spanish at least three (3) inches by three (3) inches in size, with letters in at least ten (10) point font; displaying the current telephone hotline number of the National Human Trafficking Resource Center or any federally funded successor entity. (3) The sign or window cling shall be: (a) Created using gender-neutral language supplied to the Department of Highways by the Office of the Attorney General, the National Human Trafficking Hotline, or the United States Department of Homeland Security's Blue Campaign; and (b) Posted in a prominent place easily seen by patrons. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 61, sec. 6, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 171, sec. 3, effective June 29, 2017. -- Created 2011 Ky. Acts ch. 28, sec. 1, effective June 8, 2011.

KRS 176.419 Repealed, 2009

176.419. Repealed, 2009 Catchline at repeal: Definition of "project" and "six (6) year road plan" for KRS 45.245, 45.246, 176.420, 176.430, and 176.440. History: Repealed 2009 Ky. Acts ch. 78, sec. 49, effective June 25, 2009. -- Amended 2001 Ky. Acts ch. 58, sec. 7, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 532, sec. 1, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 299, sec. 1, effective July 15, 1994.

KRS 176.420 Repealed, 2009

176.420. Repealed, 2009 Catchline at repeal: Continuing study of highway needs by Department of Highways -- Submission of six (6) year road plan to General Assembly -- Electronic version. History: Repealed 2009 Ky. Acts ch. 78, sec. 49, effective June 25, 2009. -- Amended 2001 Ky. Acts ch. 58, sec. 8, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 532, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 299, sec. 5, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 433, sec. 4, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 502, sec. 6, effective July 1, 1990. -- Created 1982 Ky. Acts ch. 138, sec. 1, effective July 15, 1982.

KRS 176.430 Transportation Cabinet to study needs of highways and develop recommended six (6) year road plan that identifies individual transportation projects -- Proposed biennial highway construction plan -- Factors to be considered in development of each project -- Monthly transmission of project data to General Assembly -- Cabinet may expend funds necessary to complete

176.430. Transportation Cabinet to study needs of highways and develop recommended six (6) year road plan that identifies individual transportation projects -- Proposed biennial highway construction plan -- Factors to be considered in development of each project -- Monthly transmission of project data to General Assembly -- Cabinet may expend funds necessary to complete authorized projects -- Digitized maps. (1) The Transportation Cabinet shall undertake a continuing study of the needs of the highways under its jurisdiction for the purpose of bringing existing facilities to acceptable standards or for the replacement of existing facilities when required. (2) The Transportation Cabinet shall develop a recommended six (6) year road plan that identifies the individual transportation projects or portions thereof that are scheduled to be constructed in each county. The recommended six (6) year road plan shall include a recommended biennial highway construction plan. The recommended six (6) year road plan and recommended biennial highway construction plan shall be submitted to the General Assembly as required by KRS 48.110(6)(f). The six (6) year road plan shall include but shall not be limited to the following information for each project: (a) The county name; (b) The Kentucky Transportation Cabinet project identification number; (c) The route where the project is located; (d) The length of the project; (e) A description of the project and the scope of improvement; (f) The type of local, state, or federal funds to be used on the project; (g) The stage of development for the design, right-of-way, utility, and construction phase; (h) The fiscal year in which each phase of the project should commence; (i) The estimated cost for each phase of the project; and (j) The estimated cost to complete the project. (3) The Transportation Cabinet shall identify projects in the six (6) year road plan that may, in accordance with this section, be advanced from later years, to maximize the use of all funds available to the cabinet, and to plan for the historical precedent of projects being delayed due to unforeseen circumstances. As required by KRS 48.110, the Governor shall submit to the General Assembly, as part of the proposed biennial highway construction plan, a list of projects from the last four (4) years of the six (6) year road plan, not to exceed ten percent (10%) of the recommended biennial highway construction appropriation, which can be advanced if additional money is received and all projects included in the enacted biennial highway construction plan have been advanced or completed to the extent possible. (4) In developing the design, right-of-way, utility, and construction phase of each project, the following factors shall be considered but are not exclusive: (a) Alignment of existing roads; (b) The width or elevation of existing roadways and shoulder surfaces; (c) The width of rights-of-way; (d) The cost of each phase of the project plus a separate identification of the cabinet's administrative costs for each phase; (e) The type and volume of traffic; (f) The condition of structures and drainage; (g) The accident rate; (h) The geographic distribution of roadways to be constructed or reconstructed; and (i) The social, economic, and environmental impact of the proposed project. (5) The Transportation Cabinet shall, on a monthly basis, transmit electronically to the General Assembly through the Legislative Research Commission a report on all activity relating to all projects with open activity conducted by the Transportation Cabinet during the biennium. The data for each project shall contain all cabinet activity on projects funded through the road fund, including resurfacing and rural and secondary projects, and shall also include but not be limited to the following: (a) District number and project item number, which shall remain in effect throughout the entire life of the project, subject to the following conditions: 1. A project split into more than one (1) project during its life shall maintain the same item number with a suffix; 2. Two (2) or more projects merged shall be identified by the new merged project maintaining the project item number of one (1) of the projects being merged. The total cost of the merged project shall be set forth; and 3. A project that has been merged with another project and all funds authorized for the initial project that is subsequently shifted to the new merged project shall remain in the six (6) year road plan and shall be identified with a cross reference to the superseded project and superseded project item number; (b) The county name and county number; (c) The route prefix, route number, and route suffix; (d) Termini description including beginning milepoint and ending milepoint; (e) Type of work; (f) Length of the project in miles; (g) Project authorization system number, date the project was authorized, the TD- 10 number authorizing the project, and the amount authorized; (h) Year the project was enacted in a six (6) year road plan, and the notation "A" if the project is active and the notation "I" if the project is inactive; (i) The phase code "P" for the planning phase, "D" for the design phase, "R" for the right-of-way phase, "U" for the utility phase, and "C" for the construction phase; (j) The original estimate, fund code, and fiscal year each phase is expected to begin as enacted in the six (6) year road plan; (k) The current estimate, fund code, and fiscal year each phase is expected to begin; (l) The status of funding for each phase; (m) The date current information has been changed for each phase; (n) The letting date for each phase; (o) Total number of right-of-way parcels, deeds signed, suits filed, and right-of- way entries completed; (p) The date right-of-way plans are to be submitted to the central office in Frankfort and the status of right-of-way plans; (q) Total utility relocations to be completed and the actual number completed; (r) The award date, the construction project code number, and the award amount for the construction phase; (s) The total number of contract change orders issued for each phase, the date of the most recent change order, and the net change order amount for each phase; (t) The name of the contractor, the contractor's vendor number in the Statewide accounting system, current contract amount, and the current amount earned by the contractor; (u) The estimated date for completion of the project, current percentage of work completed based upon time, and the actual contract completion date; (v) The department's engineer's estimate for the project; and (w) Total expenditures by phase. (6) The department shall transmit on a monthly basis, electronic data to the General Assembly through the Legislative Research Commission on the activity on all state resurfacing projects and all rural secondary projects that shall include as much applicable information as possible as identified in subsection (5) of this section. (7) In implementing the enacted biennial highway construction plan, the Transportation Cabinet may expend funds necessary to complete the projects authorized, amended only by variations necessitated by bid or unforeseen circumstances. (8) The department shall pursue digitizing all Kentucky roads on a geographic information system as funds are made available by the General Assembly. The digitized maps shall merge map layers and text layers to produce maps that display geographic information and textual information detailing the six (6) year road plan as enacted by the General Assembly. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 78, sec. 20, effective June 25, 2009. -- Amended 1998 Ky. Acts ch. 532, sec. 3, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 299, sec. 6, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 433, sec. 5, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 502, sec. 7, effective July 1, 1990. -- Created 1982 Ky. Acts ch. 138, sec. 2, effective July 15, 1982.

KRS 176.431 Transportation Cabinet's authorization for demonstration road and bridge related projects in each fiscal year -- Bidding process and basis of selection for projects -- Annual report to Interim Joint Committee on Appropriations and Revenue

176.431. Transportation Cabinet's authorization for demonstration road and bridge related projects in each fiscal year -- Bidding process and basis of selection for projects -- Annual report to Interim Joint Committee on Appropriations and Revenue (1) (a) Notwithstanding any conflicting provisions of this chapter and KRS Chapters 45A and 177, each fiscal year, the Transportation Cabinet is authorized to utilize design/build procurement methods for up to: 1. Five (5) major demonstration road and bridge related projects, with a total cost of each project not to exceed three hundred million dollars ($300,000,000); and 2. Ten (10) demonstration road and bridge related projects, with a total cost of each project not to exceed seventy -five million dollars ($75,000,000). (b) The projects outlined in this subsection shall be identified in the biennial highway construction plan. (2) For procurement purposes, the Transportation Cabinet shall utilize a qualifications - based bidding process within the context of the provisions of this chapter. The projects shall be selected based on engineering factors that determine a design/build process will provide the best value for the Commonwealth. Factors to consider may include but not be limited to the following: project de livery schedule, technical complexity, constructability, and estimated project cost. (3) The secretary of the Transportation Cabinet shall determine the nature and scope of each design/build project, and shall submit a report identifying and detailing the demonstration road and bridge related projects, including the estimated cost savings, to the Interim Joint Committee on Appropriations and Revenue by December 1 of each fiscal year. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 55, sec. 1, effective July 14, 2018. -- Created 2013 Ky. Acts ch. 67, sec. 1, effective June 25, 2013. 2026-2028 Budget Reference. See Transportation Cabinet Budget, 2026 Ky. Acts ch. 167, Pt. I, A, 4, (24) at 2045. 2026-2028 Budget Reference. See Transportation Cabinet Budget, 2026 Ky. Acts ch. 167, Pt. I, A, 4, (30) at 2046. Legislative Research Commission Note (6/25/2013). Under the authority of KRS 7.136(1), the Reviser of Statutes has inserted subsection designations into this statute. The words in the text were not changed.

KRS 176.432 Fiscal-year-to-date funding status reports on highway construction contingency account

176.432. Fiscal-year-to-date funding status reports on highway construction contingency account (1) The department shall transmit, on a quarterly basis, electronic data to the General Assembly through the Legislative Research Commission giving a fiscal-year-to-date funding status report on the highway construction contingency account established under KRS 45.247. (2) The report shall include: (a) The available budget of the account; (b) Authorizations by funding code category; (c) The total available balance in the account; and (d) For the most recent quarter, a listing of individual projects and agreements authorized, including the location, a physical description, and amount of authorization. Effective: June 27, 2019 History: Created 2019 Ky. Acts ch. 45, sec. 1, effective June 27, 2019.

KRS 176.433 State contingency funding code for six-year road plan

176.433. State contingency funding code for six-year road plan The Transportation Cabinet shall create a new funding code to be used in the six (6) year road plan to be known as state contingency funds and the abbreviation the cabinet shall use for this funding code shall be SC. The state contingency funding code shall be in addition to all other funding codes used by the cabinet in the six (6) year road plan and shall be used to identify all projects funded with moneys from the highway construction contingency account established under KRS 45.247. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 45, sec. 2, effective June 27, 2019. -- Created 1998 Ky. Acts ch. 532, sec. 8, effective July 15, 1998.

KRS 176.435 Repealed, 1998

176.435. Repealed, 1998 Catchline at repeal: Electronic information databases on construction programs. History: Repealed 1998 Ky. Acts ch. 532, sec. 9, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 433, sec. 8, effective July 14, 1992.

KRS 176.440 State highway engineer to provide cost estimate for any project that legislator desires in six year road plan

176.440. State highway engineer to provide cost estimate for any project that legislator desires in six year road plan The state highway engineer shall provide a cost estimate for any project that a member of the General Assembly desires to be considered for advancement or inclusion in the six (6) year road plan. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 78, sec. 21, effective June 25, 2009. -- Amended 2001 Ky. Acts ch. 58, sec. 17, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 532, sec. 4, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 299, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 433, sec. 6, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 502, sec. 8, effective July 1, 1990. -- Created 1982 Ky. Acts ch. 138, sec. 3, effective July 15, 1982.

KRS 176.450 Repealed, 1990

176.450. Repealed, 1990 Catchline at repeal: Secretary's emergency fund -- No project to be undertaken if not included in program -- Exceptions -- Additional projects to be submitted to interim joint committee on transportation -- Cost limit for preliminary analysis of prospective projects. History: Repealed 1990 Ky. Acts ch. 502, sec. 10, effective April 11, 1990. -- Created 1982 Ky. Acts ch. 138, sec. 4, effective July 15, 1982.

KRS 176.460 Repealed, 1998

176.460. Repealed, 1998 Catchline at repeal: Project to be commenced in biennium for which it is planned -- Effect of failure to commence -- Exceptions -- Reinstatement of funds for delayed project -- Limitations on application of KRS 176.420 to 176.460. History: Repealed 1998 Ky. Acts ch. 532, sec. 9, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 299, sec. 8, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 433, sec. 7, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 502, sec. 9, effective April 11, 1990. -- Created 1982 Ky. Acts ch. 138, sec. 5, effective July 15, 1982.

KRS 176.470 Repealed, 1998

176.470. Repealed, 1998 Catchline at repeal: Annual report on status of highway projects. History: Repealed 1998 Ky. Acts ch. 532, sec. 9, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 299, sec. 9, effective July 15, 1994.

KRS 176.500 Mississippi River Parkway Commission of Kentucky -- Members -- Duties -- Reimbursement for expenses

176.500. Mississippi River Parkway Commission of Kentucky -- Members -- Duties -- Reimbursement for expenses (1) The Mississippi River Parkway Commission of Kentucky is hereby established to serve as the local coordinating agency for the development of the Great River Road along the Mississippi River from Canada to the Gulf of Mexico. The commission shall be attached to the Office of the Secretary of the Tourism, Arts and Heritage Cabinet for administrative purposes. (2) The commission shall consist of the following ten (10) members: Four (4) citizen members, appointed by the Governor, and consisting of one (1) member from each of the four (4) counties that border the Mississippi River, who shall serve a term of four (4) years and may serve until a successor is appointed. Four (4) members shall be the respective county judges/executive of Ballard, Carlisle, Fulton, and Hickman Counties in Kentucky. Other members shall be the secretary of the Tourism, Arts and Heritage Cabinet or his designee; and the secretary of the Transportation Cabinet, or his designee. The commission shall annually elect a chairman and shall meet quarterly or upon call of the chairman with ten (10) days' written notice. Six (6) members present shall constitute a quorum for the official conduct of business. The commission may enter into contracts with the Purchase Area Development District to provide administrative services. (3) Members shall receive no compensation but shall be reimbursed according to state regulations for actual and necessary expenses incurred in conducting commission business. (4) The commission shall assure that the proper direction is taken in developing a corridor of scenic, historical, and archaeological significance through the Kentucky counties of Ballard, Carlisle, Hickman, and Fulton. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 16, sec. 53, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 39, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 48, sec. 15, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 194, sec. 57, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 114, sec. 1, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 99, sec. 1, effective July 15, 1986.

KRS 176.505 Motorcycle Advisory Commission for Highway Safety established

176.505. Motorcycle Advisory Commission for Highway Safety established (1) The Motorcycle Advisory Commission for Highway Safety is established as an advisory body to assist the Transportation Cabinet in ensuring that highway design, construction, and maintenance policies and procedures consider the specific needs of motorcyclists. (2) The commission shall examine Transportation Cabinet policies and procedures in areas including but not limited to crash barrier design, road maintenance practices, road construction, traffic control devices, and intelligent transportation systems, and recommend changes where necessary. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 122, sec. 1, effective June 24, 2003.

KRS 176.506 Membership of commission -- Officers -- Meetings

176.506. Membership of commission -- Officers -- Meetings (1) The Motorcycle Advisory Commission for Highway Safety shall be composed of seven (7) members, appointed as follows: (a) One (1) representative of the Office of Project Delivery and Preservation within the Kentucky Transportation Cabinet's Department of Highways, appointed by the Governor; (b) One (1) representative of the Office of Project Development within the Kentucky Transportation Cabinet's Department of Highways, appointed by the Governor; (c) One (1) representative of the Department of Kentucky State Police, appointed by the Governor; (d) Two (2) representatives of the Kentucky Motorcycle Association, to be appointed by the Governor from a list of five (5) nominees selected by the association; (e) One (1) member of the Kentucky Motorcycle Safety Education Advisory Commission, appointed by the Governor; and (f) One (1) representative of the Kentucky Association of Highway Contractors, to be appointed by the Governor from a list of five (5) nominees selected by the association. (2) Members of the Motorcycle Advisory Commission for Highway Safety shall serve a term of four (4) years. Sitting members shall be eligible to succeed themselves. (3) Commission members shall receive no compensation for their services and shall not be compensated for expenses incurred from travel or in connection with the performance of their duties as commission members. (4) The commission shall elect its chair and vice chair from its membership. (5) The commission shall meet quarterly or upon the call of the chair or the request of the secretary of the Transportation Cabinet. (6) A majority of the members of the commission constitutes a quorum and the commission may make recommendations only at meetings where a quorum is present. (7) The commission shall keep a record of its meetings and recommendations. (8) For administrative purposes, the commission shall be attached to the Office of Highway Safety within the Department of Highways. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 13, sec. 8, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 184, effective June 26, 2007. -- Created 2003 Ky. Acts ch. 122, sec. 2, effective June 24, 2003.

KRS 176.510 Repealed, 2006

176.510. Repealed, 2006 Catchline at repeal: Off-road Motorcycle and ATV Commission established -- Purpose. History: Repealed Ky. Acts ch. 152, sec. 16, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 139, sec. 1, effective June 20, 2005.

KRS 176.511 Repealed, 2006

176.511. Repealed, 2006 Catchline at repeal: Membership of Off-road Motorcycle and ATV Commission -- Meetings -- Records. History: Repealed 2006 Ky. Acts ch. 152, sec. 16, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 139, sec. 2, effective June 20, 2005.

KRS 176.520 Location of construction waste sites

176.520. Location of construction waste sites Waste sites identified in KRS 176.050 shall be on property owned by the state or a city, county, or other governmental agency and have the potential to be turned into industrial parks under the provisions of KRS 176.050. Effective: March 27, 1998 History: Created 1998 Ky. Acts ch. 181, sec. 2, effective March 27, 1998.

KRS 176.525 Use of identified potential industrial park sites as construction waste sites - - Deeding of site to local government -- Consultation with local government officials in site identification

176.525. Use of identified potential industrial park sites as construction waste sites - - Deeding of site to local government -- Consultation with local government officials in site identification (1) During the construction phase of a new road construction project, potential industrial park sites identified during the design phase shall be used as waste sites by the department or the contractor who was awarded the project. Waste shall include, but not be limited, to nonhazardous nonsoluble construction material, steel, concrete, brick, asphalt, rock, dirt, or other fill material, but shall not include vegetation resulting from land clearing and grubbing, utility line maintenance, seasonal and storm-related cleanup, or any hazardous material or hazardous waste as defined in KRS 174.405. (2) The purpose of using the site as a repository for waste is to reduce the cost associated with the road project and to level or otherwise create a site sufficient to support industrial activities. The department or the department's contractor shall use stabilization methods to reduce significant differential settling of the waste. The department or the department's contractor shall continually grade and compact the waste site, and design surface contours to minimize water run-off, until the site is stable, final grading is complete, and the site is ready for building to begin on an industrial park. (3) If a waste site is owned by the state, the state shall deed in fee simple the area used as a waste site to an interested city, county, or other governmental agency upon completion of the highway project after the final pay estimate has been processed. (4) The department shall consult with the appropriate elected officials affected by new routes proposed to be constructed in the six (6) year road plan. The department shall consult with the appropriate elected officials to identify waste sites along the proposed new routes that may be potential industrial park sites. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 78, sec. 22, effective June 25, 2009. -- Created 1998 Ky. Acts ch. 181, sec. 3, effective March 27, 1998.

KRS 176.990 Penalties

176.990. Penalties (1) Any person who violates the provisions of KRS 176.122 to 176.128 shall be guilty of a misdemeanor and shall upon conviction be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day in which work is performed or materials furnished in violation of the provisions of KRS 176.122 to 176.128 shall constitute a separate offense. (2) In addition to any other penalties provided in this section, any officer, agent or employee of the department who performs work or services beyond the right-of-way limits of public road or any person who accepts such work or services shall reimburse the department for all costs of the work or services performed and for any materials which shall have been used in the performance of the work or services. History: Created 1962 Ky. Acts ch. 154, secs. 4 and 5.

KRS 176.991 Penalties

176.991. Penalties (1) Any person who willfully burns, defaces or destroys a covered bridge designated as a state shrine by the Kentucky Heritage Commission or by the heritage division shall be fined not more than five hundred dollars ($500) or confined in the county jail for not less than thirty (30) days or more than six (6) months or both. This shall be in addition to other penalties. (2) Any person who exceeds the posted weight limits for a covered wooden bridge designated as a state shrine shall be fined not less than ten dollars ($10) or more than five hundred dollars ($500). This shall be in addition to other penalties. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 396, sec. 47, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 170, sec. 3. -- Created 1974 Ky. Acts ch. 364, sec. 3.

KRS 176.5061 Motorcycle safety education program -- Standards -- Administrative regulations

176.5061. Motorcycle safety education program -- Standards -- Administrative regulations (1) The Transportation Cabinet shall establish a motorcycle safety education program. The program shall provide for instructor training courses, instructor approval, and rider training courses for novice riders that shall be held at locations accessible to Kentucky residents. The program may provide for the following: (a) Rider training courses for novice and experienced riders; (b) Activities to increase the awareness of a motorcyclist's knowledge of the effects of alcohol and drug use; (c) Driver improvement efforts; (d) Licensing improvement efforts; (e) Program promotion activities; (f) Enhancement of the public's awareness of motorcycles; and (g) Enhancement of motorcycle safety through education. (2) The Transportation Cabinet shall promulgate administrative regulations, pursuant to KRS Chapter 13A, governing the development of standards for, and the administration of, a motorcycle safety education program. Standards for the motorcycle rider training courses shall include standards for course content, delivery, curriculum, materials, student evaluation, and the training and approval of instructors. Standards shall meet or exceed established national standards for motorcycle rider training courses prescribed by the National Highway Traffic Safety Administration. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 188, sec. 3, effective June 29, 2021; and repealed, reenacted, and amended ch. 190, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 1, effective July 14, 2018. -- Amended 2007 Ky. Acts ch. 85, sec. 51, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 122, sec. 1, effective July 1, 2005. Formerly codified as 15A.350 Legislative Research Commission Note (6/29/2021). This statute was amended by 2021 Ky. Acts chs. 188 and 190, which do not appear to be in conflict and have been codified together.

KRS 176.5062 Motorcycle rider training courses -- Exemption from test for motorcycle permit or operator's license

176.5062. Motorcycle rider training courses -- Exemption from test for motorcycle permit or operator's license (1) The motorcycle safety education program shall offer motorcycle rider training courses designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the proper operation of a motorcycle. The courses shall be taught by instructors approved under KRS 176.5063 and shall include no fewer than eight (8) hours of hands-on instruction for a novice course. (2) Rider training courses shall be open to a resident of any state who is eligible for a motor vehicle instruction permit in the person's home state. (3) Rider training courses shall be provided free of charge to applicants under eighteen (18) years of age. (4) The cabinet shall issue certificates of completion in a manner and form prescribed by administrative regulations promulgated pursuant to KRS Chapter 13A to persons who satisfactorily complete the requirements of a motorcycle rider training course offered or authorized by the state program. (5) The Transportation Cabinet shall exempt applicants for a motorcycle instruction permit or operator's license or endorsement from the written test for a motorcycle instruction permit and the skills test for a motorcycle operator's license if the applicant presents satisfactory evidence of successful completion of an approved rider training course that includes a similar test of knowledge and skills. Applicants under this subsection who successfully completed their testing on a three (3) wheeled motorcycle shall be subject to the restrictions outlined in KRS 186.480(3). (6) (a) The Motorcycle Safety Education Commission shall publish a list of approved rider training courses which meet the licensing requirements. (b) The Motorcycle Safety Education Commission shall publish a list of approved instructor training courses which meet the licensing requirements. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 17, sec. 1, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 188, sec. 4, effective June 29, 2021; and repealed, reenacted, and amended ch. 190, sec. 2, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 2, effective July 14, 2018. -- Created 2005 Ky. Acts ch. 122, sec. 2, effective July 1, 2005. Formerly codified as 15A.352

KRS 176.5063 Instructors -- Requirements for approval -- Approval of nonresidents -- Review of status every two years

176.5063. Instructors -- Requirements for approval -- Approval of nonresidents -- Review of status every two years (1) The cabinet shall approve instructors for the motorcycle rider training courses. A person shall not be approved as an instructor unless the person meets the requirements of this section and administrative regulations of the cabinet and holds a currently valid instructor certification issued by the governing body of a program approved under KRS 176.5062(6)(b). (2) The program shall offer instructor training courses to prepare instructors to teach the motorcycle rider training courses. Successful completion of the instructor training course shall require the participant to demonstrate knowledge of the course material, knowledge of proper motorcycle operation, motorcycle riding proficiency, and the necessary aptitude for instructing students. A person shall not be approved as an instructor unless the person has successfully completed the instructor training course or an equivalent course offered in another state. (3) The cabinet shall establish additional requirements for the approval of instructors, including but not limited to the following: (a) The person shall have a high school diploma or its equivalent; (b) The person shall be at least eighteen (18) years of age and hold a valid motorcycle driver's license or endorsement; (c) The person shall have at least two (2) years of recent motorcycle riding experience; and (d) The person's driver's license shall not have been suspended or revoked at any time during the preceding two (2) years or at any time within the preceding five (5) years for any alcohol or drug related offense. (4) In the case of a nonresident, the cabinet shall obtain and review the person's driving record from the state where the person is licensed prior to approval or reapproval of the person as an instructor. (5) The cabinet shall review the status of all approved instructors at least once every two (2) years and shall withdraw approval from any instructor who is no longer qualified under the requirements of this section. The cabinet shall immediately withdraw approval of an instructor when it receives adequate notice of any disqualification. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 188, sec, 5, effective June 29, 2021; and repealed, reenacted, ans amended ch. 190, sec. 3, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 3, effective July 14, 2018. -- Created 2005 Ky. Acts ch. 122, sec. 3, effective July 1, 2005. Formerly codified as 15A.354 Legislative Research Commission Note (6/29/2021). This statute was amended by 2021 Ky. Acts chs. 188 and 190, which do not appear to be in conflict and have been codified together.

KRS 176.5064 Powers of cabinet

176.5064. Powers of cabinet (1) The cabinet may enter into contracts with public or private entities for course delivery and for the provision of services or materials necessary for implementation of the program. (2) The cabinet may offer motorcycle rider training courses directly and may approve courses offered by independent public or private entities as authorized program courses if they are administered and taught in full compliance with standards established for the state program. (3) The cabinet may establish by administrative regulation reasonable enrollment fees to be charged for persons who participate in motorcycle rider training courses offered by the cabinet and for persons who participate in approved courses offered by independent public or private entities. (4) The cabinet may utilize up to ten percent (10%) of available program funds each fiscal year to defray its own expenses in offering motorcycle rider training courses and may reimburse entities that offer approved courses for the expenses incurred in offering the courses to minimize course enrollment fees charged to the students. (5) The cabinet shall provide meeting facilities and administrative assistance and support to the Motorcycle Safety Education Commission and the expenses shall be paid from the budget of the cabinet. The cabinet shall prepare and maintain all minutes of the commission's proceedings and shall be the custodian of all files and records of the commission. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 190, sec. 4, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 4, effective July 14, 2018. -- Created 2005 Ky. Acts ch. 122, sec. 4, effective July 1, 2005. Formerly codified as 15A.356

KRS 176.5065 Motorcycle safety education program fund

176.5065. Motorcycle safety education program fund (1) The motorcycle safety education program fund is established as a restricted fund in the State Treasury. Moneys in the fund are hereby appropriated for the purposes set forth in KRS 176.5061 to 176.5069. Moneys in the fund shall be utilized to provide motorcycle training courses as established in KRS 176.5062 and for implementation of the program, including reimbursement of entities that offer approved motorcycle rider education courses. The Transportation Cabinet may deduct up to ten percent (10%) of available program funds per fiscal year for administrative costs from the motorcycle safety education program fund. (2) If at the end of each fiscal year money remains in the fund, it shall be retained in the fund. The interest and income earned on money in the fund, after deducting any applicable charges, shall be credited to the motorcycle safety education program fund. (3) The following revenue shall be credited to the fund: (a) Four dollars ($4) of the annual registration fee for each registered motorcycle as provided in KRS 186.535; (b) Four dollars ($4) of the application fee for a motorcycle instruction permit as provided in KRS 186.531; (c) Ten dollars ($10) of the fee for each original or renewal motorcycle driver's license or endorsement as provided in KRS 186.531; and (d) Any federal or state motorcycle safety funds granted to the program. Effective: June 29, 2021 History: Repealed, reenacted, and amended 2021 Ky. Acts ch. 190, sec. 5, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 6, effective January 1, 2019. -- Amended 2017 Ky. Acts ch. 100, sec. 36, effective January 1, 2019. -- Amended 2007 Ky. Acts ch. 85, sec. 52, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 122, sec. 5, effective July 1, 2005. Legislative Research Commission Note (7/1/2005). Under the authority of KRS 7.136(1)(h), during codification a manifest clerical or typographical error has been corrected. In the second sentence of 2005 Ky. Acts ch. 122, sec. 5(2), the phrase "motorcycle safety education fund" has been corrected to read "motorcycle safety education program fund" as it is clear from the context that the word "program" was erroneously omitted in that sentence. Formerly codified as 15A.358

KRS 176.5066 Revenues relating to motorcycle safety education program fund -- Report

176.5066. Revenues relating to motorcycle safety education program fund -- Report The Transportation Cabinet shall report monthly to the Interim Joint Committee on Appropriations and Revenue on the revenues deposited into the motorcycle safety education program fund, the expenditures incurred, and the available balance in the fund. In addition, the cabinet shall identify the safety programs provided, the cost of the programs, location, and number of attendees. To facilitate the timely reporting of data under this section, the cabinet shall enter into agreements with entities that provide the training to require monthly billing and attendance records. Effective: June 29, 2021 History: Repealed, reenacted, and amended 2021 Ky. Acts ch. 190, sec. 6, effective June 29, 2021. -- Amended 2007 Ky. Acts ch. 85, sec. 53, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 122, sec. 6, effective July 1, 2005. Formerly codified as 15A.360

KRS 176.5067 Motorcycle Safety Education Commission -- Membership -- Terms -- Meetings -- Commission attached to Office of Highway Safety within the Department of Highways for administrative purposes

176.5067. Motorcycle Safety Education Commission -- Membership -- Terms -- Meetings -- Commission attached to Office of Highway Safety within the Department of Highways for administrative purposes (1) The Motorcycle Safety Education Commission is established as an independent body to help foster the growth and development of the motorcycle safety education program established under KRS 15A.350. (2) The Motorcycle Safety Education Commission shall be composed of seven (7) members, appointed as follows: (a) One (1) representative of the Department of Kentucky State Police, appointed by the Governor; (b) One (1) representative of the Transportation Cabinet, appointed by the Governor; (c) One (1) instructor in the motorcycle safety education program, appointed by the Governor; (d) Two (2) members of the Kentucky Motorcycle Association, to be appointed by the Governor from a list of five (5) nominees selected by the association; (e) One (1) member appointed by the Governor from a list of three (3) nominees selected by the President of the Senate; and (f) One (1) member appointed by the Governor from a list of three (3) nominees selected by the Speaker of the House of Representatives. (3) Members of the Motorcycle Safety Education Commission shall serve a term of four (4) years. Sitting members shall be eligible to succeed themselves. (4) Commission members shall receive no compensation for their services and shall not be compensated for expenses incurred from travel or in connection with the performance of their duties as commission members. (5) The commission shall elect its chair and vice chair from its membership. (6) The commission shall meet quarterly or upon the call of the chair or the request of the secretary of the Transportation Cabinet. (7) The commission may take action only at meetings where a quorum is present. (8) The commission shall keep a record of its meetings and recommendations. (9) The commission shall be attached to the Office of Highway Safety within the Department of Highways for administrative purposes. Effective: June 29, 2021 History: Repealed, reenacted, and amended 2021 Ky. Acts ch. 190, sec. 7, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 7, effective July 14, 2018. -- Amended 2007 Ky. Acts ch. 85, sec. 54, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 122, sec. 7, effective July 1, 2005. Legislative Research Commission Note (6/26/2007). A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136. Formerly codified as 15A.362

KRS 176.5068 Responsibilities of Motorcycle Safety Education Commission

176.5068. Responsibilities of Motorcycle Safety Education Commission The Motorcycle Safety Education Commission shall have the following responsibilities: (1) Approve any administrative regulation relating to the motorcycle safety education program promulgated by the cabinet prior to the administrative regulation being filed with the Legislative Research Commission pursuant to KRS Chapter 13A; (2) Approve any proposal by the cabinet to contract for services pursuant to KRS Chapter 45A or any interagency agreement for services relating to the motorcycle safety education program prior to the issuance of the contract or the agreement; (3) Approve all expenditures of money relating to the motorcycle safety education program which has not been specifically authorized in the biennial budget; (4) Establish for the cabinet the short-range and long-range goals to promote the continued growth and expansion of the motorcycle safety education program; (5) Make recommendations regarding the administration of the motorcycle safety education program; (6) Ensure that the cabinet and the motorcycle safety education program is informed on the views and philosophies of interested parties; and (7) Act as a communication channel between the relevant state agencies and motorcyclists and the general public. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 190, sec. 8, effective June 29, 2021. -- Amended 2007 Ky. Acts ch. 85, sec. 55, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 122, sec. 8, effective July 1, 2005. Legislative Research Commission Note (7/1/2005). Under the authority of KRS 7.136(1)(h), during codification a manifest clerical or typographical error has been corrected. In subsection (2) of 2005 Ky. Acts ch. 122, sec. 8, the phrase "motorcycle education program" has been corrected to read "motorcycle safety education program" as it is clear from the context that the word "safety" was erroneously omitted. Formerly codified as 15A.364

KRS 176.5069 Annual report -- Submitted to Governor and Legislative Research Commission and available for public review

176.5069. Annual report -- Submitted to Governor and Legislative Research Commission and available for public review The cabinet shall prepare an annual report on the program to be submitted to the Governor and the Legislative Research Commission and made available to the public for review during the cabinet's normal business hours. The report shall include: (1) The number and location of courses offered; (2) The number of: (a) Applicants that have applied to be instructors during the previous year; (b) Applicants approved to be instructors during the previous year; and (c) Active instructors during the previous year; (3) The number of students that registered for the various courses and the number of students that completed the various courses successfully; (4) The number of permits, licenses, and registrations issued; (5) The amount of money collected by category for permits, licenses, and registrations; (6) Other information about program implementation as the cabinet shall deem appropriate; and (7) An assessment of the overall impact of the program on motorcycle safety in the state. The report shall also provide a complete accounting of revenue receipts of the motorcycle safety education program fund and of all moneys expended under the program. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 190, sec. 9, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 39, sec. 8, effective July 14, 2018. -- Created 2005 Ky. Acts ch. 122, sec. 9, effective July 1, 2005. Formerly codified as 15A.366
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37983Fetched: 10/20/2026

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