VETERANS

KRS tit. V, ch. 40

in effect

KRS 40.005 Authorization to enact veterans' bonus

40.005. Authorization to enact veterans' bonus The General Assembly shall by law provide for the issuance and sale of bonds of the Commonwealth, notwithstanding the limitation of indebtedness in Section 49 or any other section of the Constitution of Kentucky, which shall be in addition to all other bonds of the Commonwealth heretofore authorized. The proceeds of such additional bonds, or so many thereof as may be necessary for the purpose, shall be used and appropriated solely for the purpose of paying a cash bonus not to exceed $500 for service outside the continental limits of the United States, and $300 for service in the continental limits of the United States to the veterans, their widows or heirs, or next of kin, of the Spanish-American War, World War I, World War II, and the Korean conflict, who were residents of the Commonwealth at the time of their entry into the service and at least six (6) months prior thereto. The General Assembly at the same session authorizing the issuance of the bonds shall levy a tax upon all retail sales at such a rate as will pay the interest upon and retire the bonds in no less than thirty (30) years, provided that retail sales of food and food products, medicines, and clothing may be exempted from such tax. History: Created 1958 Ky. Acts ch. 48, sec. 1.

KRS 40.010 Definitions for chapter

40.010. Definitions for chapter As used in this chapter: (1) "Administrator" means the adjutant general of the Commonwealth; (2) "Veteran" means a person who served in the active Armed Forces of the United States, during the Spanish American War, World War I, World War II, or the Korean conflict, for a period of ninety (90) days or more (exclusive of time spent AWOL; or in penal confinement as a result of a sentence imposed by court-martial; or in service for which no allowance is made according to KRS 40.040), with some portion of service within the respective hereinafter prescribed dates, who is still in the Armed Forces, or was released, separated, discharged, or retired therefrom under honorable conditions; (3) "Duty in active Armed Forces" includes active duty, and any period of inactive duty training during which the individual concerned was disabled; and if a person in the active Armed Forces was released, separated, or discharged therefrom by reason of disability incurred in line of duty before serving as much as ninety (90) days, such person shall be qualified for entitlement to a bonus payment under this chapter, notwithstanding failure to remain in service for the minimum time otherwise prescribed; (4) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof on active duty; (5) "Qualified veteran" means a person answering to the specifications set forth in subsections (2) and (3), and who (a) Was a resident of the Commonwealth at the time of entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (b) Who has not received a bonus or like compensation from another state; and (c) Who is not subject to the forfeiture provisions of this chapter; (6) "Resident of the Commonwealth at the time of entry into the active service" means any person who gave the Commonwealth of Kentucky, or any specific place in this Commonwealth, as his or her place of residence at such time of entry, without regard to the place of enlistment, commission, or induction. Conclusive and exclusive evidence of such giving of place of residence shall be the official records on file in the Department of Defense of the United States, or any official record thereof in the files of the United States Department of Veterans Affairs; but if it be shown to the satisfaction of the administrator that for any reason no such record was made, or that the same has been lost, misplaced, or destroyed, or that an authenticated copy thereof cannot be obtained within a reasonable time, other evidence of bona fide residence may be accepted if deemed sufficient by the administrator; (7) "Resident," in any context other than as in subsection (6), means a legal resident as determined by generally established principles of law, as may be defined, and subject to proof, according to such regulations as the administrator may promulgate; (8) "Beneficiary" means, in this order, widow, child or children (sharing equally), mother, father, and no other; (9) (a) "Widow" means a woman who was the wife of a veteran at the time of his death, and who had not deserted him (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the wife), and who had not remarried, (unless the purported remarriage was void or had been annulled); (b) The term "widow" also includes "widower" in the case of a man who was the husband of a female veteran at the time of her death; (10) "Child" means a person: (a) Who is under the age of eighteen (18); or (b) Who, before attaining the age of eighteen (18) years, became permanently incapable of self-support; or (c) Who, after attaining the age of eighteen (18) years and until completion of education or training (but not after attaining the age of twenty-one (21) years) is pursuing a course of instruction at a bona fide educational institution; and who, in relationship to the veteran, is a child born in lawful wedlock; a legally adopted child; a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death; or a child born out of wedlock, but, as to the alleged father, only if acknowledged in writing signed by him, or if he had, before his death, been judicially decreed to be the father of such child; (11) "Mother" means a mother, a mother through adoption, or a woman who for a period of not less than one (1) year stood in the relationship of a mother to a qualified veteran before his or her entry into active service in the Armed Forces, or if two (2) persons stood in such relationship for one (1) year or more, the person who last stood in such relationship before the veteran's last entry into active service in the Armed Forces; (12) "Father" means a father, a father through adoption, or a man who for a period of not less than one (1) year stood in the relationship of a father to a qualified veteran before his or her entry into active service in the Armed Forces, or if two (2) persons stood in such relationship for one (1) year or more, the person who last stood in such relationship before the veteran's last entry into active service in the Armed Forces; (13) "In the continental United States" means any place in the District of Columbia and the states of the United States which are on the North American continent, exclusive of Alaska; (14) "Outside the continental United States" means any place elsewhere than as defined in subsection (13); (15) "Spanish-American War": (a) Means the period beginning on April 21, 1898, and ending on July 4, 1902; (b) Includes the Philippine Insurrection and the Boxer Rebellion; and (c) In the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903; (16) "World War I": (a) Means the period beginning on April 6, 1917, and ending on November 11, 1918; and (b) In the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920; and (c) Any service between April 6, 1917, and July 1, 1921, if some part thereof was between April 6, 1917, and November 11, 1918, both dates being inclusive; (17) "World War II" means the period beginning December 7, 1941, and ending December 31, 1946; (18) "Korean conflict" means the period beginning on June 27, 1950, and ending January 31, 1955; (19) "Bonus" and "veterans' bonus" means the compensation authorized by this chapter; (20) "Bonus claim" means a claim or potential claim for a veterans' bonus; (21) "Claimant" means one who seeks to obtain payment of a bonus claim. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 100, sec. 1, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 42, sec. 2, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 68, sec. 1, effective June 24, 2015. -- Amended 1984 Ky. Acts ch. 16, sec. 1, effective July 13, 1984. -- Amended 1960 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective September 30, 1960. -- Created 1960 Ky. Acts ch. 15, sec. 3.

KRS 40.020 Legislative intent

40.020. Legislative intent This chapter is intended to implement KRS 40.005, ratified by the electorate at the regular elections on November 3, 1959, by providing for payment of a cash bonus to qualified veterans, or to certain persons deriving from them, as quickly and as free from administrative delay and expense as may be consistent with provident stewardship of public moneys of the Commonwealth. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 1, effective February 20, 1960.

KRS 40.030 Direction that bonus be paid

40.030. Direction that bonus be paid A bonus shall be paid from the proceeds of bonds of the Commonwealth, issued as hereinafter provided, in the amounts and to the persons determined in accordance with the provisions of this chapter. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 2, effective February 20, 1960.

KRS 40.040 Service for which no allowance shall be made

40.040. Service for which no allowance shall be made No compensation shall be paid for time in service, of: (1) Any civilian officer or employee of any branch of the Armed Forces, contract surgeon, cadet of the United States Military Academy, midshipman of the United States Naval Academy or of the Coast Guard, member of the Reserve Officers Training Corps, member of the Students' Army Training Corps (except an enlisted man detailed to a training detachment of any of the foregoing), Philippine Scout, member of the Philippine Guard, member of the Philippine Constabulary, member of the Puerto Rico Regiment of Infantry, member of the National Guard of Hawaii, member of the Insular Forces of the Navy, member of the Samoan Native Guard, and Band of the Navy, or Indian Scout, in each case, for the period of service as such; (2) Any member of the Public Health Service, for any period during which he or she was not detailed for active duty with the Armed Forces; (3) Any person granted a farm or industrial furlough, for the period of such furlough; (4) Any person detailed for work in the Spruce Production Division of the Air Service, for the period during which his pay was equalized to conform to the pay of civilian employees in the same or like employment. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 4, effective February 20, 1960.

KRS 40.050 Computation of bonus

40.050. Computation of bonus (1) Every person determined by the administrator to be a qualified veteran shall be paid the sum of nine dollars ($9) for each month and major fraction of a month of active duty, in the Armed Forces in the continental United States, not to exceed in all the sum of three hundred dollars ($300), and the sum of fifteen dollars ($15) for each month and major fraction of a month of such service outside the continental United States, subject to an aggregate limit for all service in the sum of five hundred dollars ($500). A veteran who served in one or more of the conflict periods defined in subsections (15), (16), (17), and (18) of KRS 40.010 shall be limited to a maximum payment of three hundred dollars ($300) if no part of his total service during the periods specified was served outside the continental United States, or five hundred dollars ($500) if a part of his total service during the periods specified was served outside the continental United States. (2) If a person determined to have been a qualified veteran shall be deceased at the time payment of the veterans' bonus would otherwise be made to him, the amount of his bonus shall be paid to the first surviving beneficiary, if any, according to the order of priority defined in subsection (8) of KRS 40.010 and if there be no surviving beneficiary, the bonus of such veteran shall lapse, and no payment thereof shall be made. (3) A beneficiary (as defined in subsections (8), (9), (10), (11), and (12) of KRS 40.010) of a person killed in the line of duty while on active duty in the Armed Forces during the periods defined in subsections (15), (16), (17), and (18) of KRS 40.010 or person who died of service-connected injury sustained while on active duty in the Armed Forces during the conflict periods defined above shall be paid three hundred dollars ($300) if no part of his total service during these periods was served outside the continental United States or five hundred dollars ($500) if any part of his total service during these periods was served outside the continental United States. The provisions of subsection (1) and the minimum period of service for entitlement to a bonus as established by subsection (2) of KRS 40.010 shall not apply to these beneficiaries. However, this exception does not waive the respective maximums of three hundred dollars ($300) or five hundred dollars ($500) for each veteran, person killed in the line of duty while on active duty in the Armed Forces, or person who died as a result of service-connected injury sustained while on active duty in the Armed Forces. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 5, effective February 20, 1960.

KRS 40.060 Applications

40.060. Applications All applications for the veterans' bonus shall be submitted to the administrator, in writing, upon forms prepared and made available by the administrator; and shall be accompanied by such documentary evidence as the administrator may by regulation prescribe. Every application shall be verified under oath, and shall contain representations of the claimant (or, if he shall have been adjudged mentally disabled, or be an infant, his guardian or conservator), that: (1) The facts therein stated are true to the best of his or her knowledge and belief; (2) All documents submitted in support of the application are believed by the claimant to be genuine originals, or copies, as the case may be; and the claimant has no knowledge that any fact appearing therein is false, or no longer true, or that the document has been superseded or canceled; (3) The claimant has not received a veterans' bonus or like compensation from any other state; (4) That the claimant has neither paid nor agreed to pay, directly or indirectly, any compensation for assistance received in preparing or tendering the application; and has not solicited, received, or agreed to receive, directly or indirectly, any compensation for rendering assistance to any other claimant; and (5) The claimant has knowledge of the penal and forfeiture provisions of this chapter. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 43, effective July 1, 1982. --- Created 1960 Ky. Acts ch. 15, sec. 6, effective February 20, 1960. Note: 1980 Ky. Acts ch. 396, sec. 46 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 40.070 Time of filing applications -- Extension -- Return of late applications

40.070. Time of filing applications -- Extension -- Return of late applications (1) No application may be filed with or sent to the administrator after June 30, 1962; but if an application be sent by mail, the administrator shall receive it if the postmark on the envelope shows date and time of mailing at or before midnight, central standard time, on or before June 30, 1962. (2) Notwithstanding the provisions of subsection (1) of this section, in order to prevent hardship on any eligible veteran, the Governor upon recommendation of the administrator may, by executive order, extend the time for filing application; provided, however, that such extension of time shall be no later than December 31, 1962. (3) Applications tendered to the administrator otherwise than as provided in subsections (1) and (2) of this section shall not be eligible for consideration under this chapter and shall not be accepted. Each such application received by mail shall be returned to the sender, if a return address be given, together with notification of the reason for its return. History: Amended 1962 Ky. Acts ch. 191, sec. 1. -- Created 1960 Ky. Acts ch. 15, sec. 7.

KRS 40.080 Supporting documents -- Discretionary hearing

40.080. Supporting documents -- Discretionary hearing (1) All facts material to determining whether the claimant is entitled to receive a veterans' bonus shall be evidenced: (a) In any case where the same are shown in the official records of the Department of Defense, Department of Veterans Affairs, or any other department, bureau, or agency of the United States, by an authenticated copy of the record, or a certificate made by an authorized person in the department, bureau, or agency concerned, or by a written communication signed by such authorized person; (b) In any case where the same are shown in any public record of the Commonwealth or of any public body in the Commonwealth, by a copy of the record, or the material part thereof, attested by the clerk or comparable officer; (c) In any case where the same are shown in an instrument of writing, by tendering the instrument, or a photostat copy, or a copy authenticated in a manner acceptable to the administrator; (d) Otherwise by affidavit. (2) No claimant shall be entitled to an oral hearing as a matter of right; but the administrator may in his discretion order a hearing in any case presenting unusual circumstances, or where it appears that documentary evidence of any material fact cannot reasonably be obtained, or where the claim cannot otherwise adequately be determined. If a hearing is ordered, it shall be conducted in accordance with KRS Chapter 13B. The administrator may investigate any matter which in his judgment is not adequately proven, or which shows or raises an inference of fraud, and may require submission of supplementary proof. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 42, sec. 3, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 25, effective July 15, 1996. -- Created 1960 Ky. Acts ch. 15, sec. 8, effective February 20, 1960.

KRS 40.090 Repealed, 1996

40.090. Repealed, 1996 Catchline at repeal: Hearing procedure. History: Repealed 1996 Ky. Acts ch. 318, Pt. 2, sec. 357, effective July 15, 1996. -- Created 1960 Ky. Acts ch. 15, sec. 9, effective February 20, 1996.

KRS 40.100 Burden of proof

40.100. Burden of proof The burden of proving to the satisfaction of the administrator that a veterans' bonus is entitled to be paid shall in all cases be upon the claimant. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 10, effective February 20, 1960.

KRS 40.110 Prompt determination to be made

40.110. Prompt determination to be made The administrator shall make prompt determination that each application is approved or disapproved for payment of a veterans' bonus and if approved shall determine the amount to be paid according to the provisions of this chapter. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 11, effective February 20, 1960.

KRS 40.120 Notice of disapproval of claim to be sent to claimant -- Review procedure

40.120. Notice of disapproval of claim to be sent to claimant -- Review procedure (1) If a claim is disapproved, the administrator shall send a notice of such decision to the claimant by mail at the address shown in the application. The notice shall be in such form as the administrator may determine, shall contain a designation of the reason for disapproval, shall inform the claimant of his or her right to seek review, shall have attached such form of request for review as the administrator may prescribe, and shall give information as to procedure for review. (2) Application for review of the administrator's disapproval shall be made only on the forms prescribed and furnished by the administrator; and shall be received in the office of the administrator by the closing hour in the thirtieth day after the day upon which the notice of the disapproval is mailed by the administrator, or be forever barred. (3) Upon receiving an application for review, the administrator shall transmit the same, together with the original application and all papers in the case, to the board of review, hereinafter created. (4) The board of review shall promptly consider the same evidence which was available to the administrator, and shall promptly enter in the case file its decision either finally affirming the administrator's decision, or finally determining the claim and the amount thereof. (5) The board of review shall send a notice of its decision to the claimant by certified mail, return receipt requested, and shall return the case file to the administrator. The decision of the board of review shall be a final determination of the claim shown in the application. There shall be no right of recourse on the part of the claimant or the administrator in any court. Effective: July 15, 1960 History: Amended 1980 Ky. Acts ch. 114, sec. 6, effective July 15, 1960. -- Amended 1974 Ky. Acts ch. 315, sec. 3. -- Created 1960 Ky. Acts ch. 15, sec. 12.

KRS 40.130 Effect of final disapproval -- Procedure

40.130. Effect of final disapproval -- Procedure If the administrator shall disapprove any claim, or if the decision of the board of review be affirmance of the administrator's disapproval of the claim, (1) No payment of a veterans' bonus shall be made; (2) The administrator, upon receiving advice of the decision, shall note the same in a permanent book or record in his office; shall forthwith return to the claimant the copies of any official records submitted in support of the application; shall finally close the claim file; and may destroy all other papers except the application; (3) No person having knowledge of the final disapproval of the claim thereafter shall file an application for payment of the same claim, or take action seeking in any manner to obtain payment of a veterans' bonus thereon; and the filing of any such application, or the taking of any such action, shall constitute an offense under KRS 40.990. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 13, effective February 20, 1960.

KRS 40.140 Setting off tax delinquency against bonus

40.140. Setting off tax delinquency against bonus (1) (a) If a claim is approved by the administrator or finally approved upon resort to the board of review, in whole or in part the administrator shall promptly certify to the secretary of the Finance and Administration Cabinet the names and addresses of persons found entitled to be paid, as shown in the application, and the amount payable to each. (b) A copy of each such certificate shall be sent to the secretary of revenue, who shall promptly ascertain from the records of his cabinet whether any person proposed to be paid a veterans' bonus is delinquent in the payment of any tax liability to the Commonwealth. No delinquency shall be deemed to exist as to any asserted tax liability which is the subject of a bona fide dispute. If any delinquency be found to exist, the secretary of revenue shall within three (3) working days after this receipt of the certificate, furnish the details thereof to the secretary of the Finance and Administration Cabinet; and if no advice of tax delinquency is received by the secretary of the Finance and Administration Cabinet before the end of the fourth working day after his receipt of certification from the administrator, he shall, for the purposes of this chapter, conclusively presume that no delinquency of tax liability to the Commonwealth exists; but such presumption shall apply only to the existence or absence of a setoff by the Commonwealth against a certified claim for a veterans' bonus, and shall not alter the facts as between the Commonwealth and any taxpayer. (c) If no advice of tax delinquency is received within such allowed time, the secretary of the Finance and Administration Cabinet may approve payment in accordance with the certificate of the administrator, and may immediately draw a warrant on the State Treasury for a check in payment. (d) Upon receipt of such warrant the State Treasurer shall issue a check in accordance therewith payable from the proceeds of bonds in accordance with this chapter, and the same shall promptly be mailed to the payee thereof at the address shown in the certificate. (2) (a) If the secretary of the Finance and Administration Cabinet shall, within the allowed time, receive advice from the secretary of revenue of the existence of a delinquency on the part of any person having an approved claim for a veterans' bonus, as to any tax liability to the Commonwealth, the secretary of the Finance and Administration Cabinet shall note the same on the certificate of the administrator, withhold payment, and forthwith send to the claimant by certified mail, return receipt requested a notice of the asserted delinquency, and the amount thereof, and that it is proposed that the same be set off against the veterans' bonus payment. (b) If the secretary of the Finance and Administration Cabinet receives no protest in his office within ten (10) working days after recording such notice, he shall conclusively presume that the proposed setoff is just, shall apply the amount thereof in reduction or extinguishment of the payment certified by the administrator, and shall advise the secretary of revenue of the amount set off against the veterans' bonus, which advice shall be noted by the secretary of revenue on the records of his office as a credit upon the delinquent tax liability. (c) If the tax setoff does not consume the entire amount of the veterans' bonus as certified by the administrator, the secretary shall draw a warrant upon the State Treasury for a check in the amount of the remainder, and upon receiving such check from the State Treasurer shall send the same, together with advice of the setoff, by mail, to the payee at the address shown in the certificate of the administrator. (3) If the secretary of the Finance and Administration Cabinet receives from the claimant a protest of the asserted tax delinquency, within the allowed time, the secretary shall withhold approval for payment, and shall refer the protest to the secretary of revenue for disposition. (4) If a tax setoff is made, and the claimant shall assert error with regard thereto, the exclusive remedy shall be by seeking refund from the secretary of revenue. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 114, sec. 7, effective July 15, 1980. -- 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. 315, sec. 4. -- Created 1960 Ky. Acts ch. 15, sec. 14.

KRS 40.150 Board of review -- Appointment -- Only three members to act in any matter -- Compensation -- Dissolution

40.150. Board of review -- Appointment -- Only three members to act in any matter -- Compensation -- Dissolution (1) There shall be a board of review consisting of nine (9) persons who are residents and qualified voters of the Commonwealth, appointed by the Governor without limitation as to political affiliation, religion, race, sex, or past or present service in the Armed Forces, except that six (6) members of this board shall be veterans. The name of said board shall be "The Kentucky Veterans' Bonus Board of Review." The Governor shall designate a chairman and a secretary from among the membership. (2) Three (3) members and no more shall constitute a board of review, and shall by concurrence of two (2) members decide any claim which comes before the board in the manner provided in this chapter. The chairman of the board shall designate three (3) members to consider and decide each claim, having due regard for availability for service so that delay may be avoided. (3) (a) Members of the board shall be compensated twenty-five dollars ($25) per diem, but only for actual time served in considering and deciding claims for veterans' bonus pursuant to designation by the Governor. (b) All members of the board shall be reimbursed for necessary travel to and from their places of residence, and in performance of duties pursuant to assignment, at the rate of eight cents ($0.08) per mile. (4) Each claim coming before the board shall promptly be considered and decided by the three (3) members designated for that purpose. In every case the board shall either (a) affirm the decision of the administrator, or (b) determine that a veterans' bonus should be paid, and to what persons and in what amounts. No written opinions or recitations of reasons for any decision need be made. A statement of the decision made shall be signed by at least two (2) of the three (3) members designated to decide the claim; and upon concurrence of two (2) members a decision shall be final and not subject to reconsideration. (5) The Governor shall, upon notification by the administrator that the last notice of a disapproval claim has been mailed, notify the chairman of the board of review that it shall complete its work within sixty (60) calendar days from date of notification. On the sixtieth day the Governor shall thereupon declare that the board of review is dissolved and shall so notify the members, and the functions and duties of the board shall be deemed to have been fully performed. History: Amended 1962 Ky. Acts ch. 191, sec. 2. -- Created 1960 Ky. Acts ch. 15, sec. 15.

KRS 40.160 Claims and payments nonassignable, exempt from taxation and from claims of creditors and process of courts until received

40.160. Claims and payments nonassignable, exempt from taxation and from claims of creditors and process of courts until received (1) Claims for payment of veterans' bonus shall not be assignable before or after approval thereof; and any attempted or purported assignment received by or tendered to any officer of the Commonwealth shall be void, need not be acknowledged or returned, and may be disregarded. (2) Payments of the veterans' bonus shall be exempt from all taxation by the Commonwealth, its political subdivisions and taxing districts. (3) No claim for payment of a veterans' bonus and no payment made by the Commonwealth under this chapter shall give rise to a cause of action against the Commonwealth or any of its officers, agents, or employees, and no claim for payment shall be subject to attachment, levy, garnishment, or seizure by or under any legal or equitable process whatever; but this provision shall not extend exemption from legal process to the proceeds of any veterans' bonus payment after the same has been received from the Commonwealth. (4) The Commonwealth does not consent to be sued in any court with regard to any matter connected with or arising out of claims for payment of the veterans' bonus herein authorized. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 16, effective February 20, 1960.

KRS 40.170 Forfeiture of right to bonus

40.170. Forfeiture of right to bonus Any person convicted of any offense denounced in KRS 40.990 shall forfeit his or her right, if any, to receive any payment authorized by this chapter. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 20, effective February 20, 1960.

KRS 40.180 Estimates of sums required to finance bonus

40.180. Estimates of sums required to finance bonus The administrator and the secretary of the Finance and Administration Cabinet shall, from time to time, prepare estimates of the sums anticipated to be required for payment of the veterans' bonus and the times when the same shall be required to be available. Advice of such estimates shall be given by them to the State Property and Buildings Commission with direction that bonds of the Commonwealth be issued and sold in such manner as to provide the required sums at the proper time. Effective: February 20, 1960 History: Amended 1974 Ky. Acts ch. 74, Art, II, sec. 9(2). -- Created 1960 Ky. Acts ch. 15, sec. 21, effective February 20, 1960.

KRS 40.190 Issuance of bonds by State Property and Buildings Commission

40.190. Issuance of bonds by State Property and Buildings Commission For the purpose of providing funds for payment of the veterans' bonus authorized by this chapter, the State Property and Buildings Commission shall from time to time as funds are anticipated to be required, provide by resolution for the issuance and sale of general obligation bonds of the Commonwealth, for payment of which, both principal and interest when due, the full faith, credit, resources and unlimited taxing power of the Commonwealth shall irrevocably be pledged, together with, additionally, a specific pledge of and first charge upon the proceeds of the retail sales tax required to be levied by the provisions of KRS 40.005, referred to in KRS 40.020. Effective: February 20, 1960 History: Created 1960 Ky. Acts ch. 15, sec. 22, effective February 20, 1960.

KRS 40.200 Commission's power to fix details of bonds

40.200. Commission's power to fix details of bonds All bonds issued hereunder shall be dated July 1, 1960, and shall mature on or prior to thirty (30) years from such date as the State Property and Buildings Commission may provide in each resolution authorizing the issuance and sale of such bonds. The State Property and Buildings Commission shall in each such resolution determine other details, including whether the bonds shall be of term or serial maturities, and the amount which shall mature on any serial maturity date; denominations; whether the bonds, or any of them, shall be subject to redemption prior to stated maturities and upon what terms; place or places of payment of principal and interest, which may be within the Commonwealth or outside thereof; whether the bonds shall have semiannual interest coupons annexed; be registered or registrable as to principal or interest, or both; and any other details not contrary to law or inconsistent with this chapter which in the discretion of the said commission may appear wise and expedient. The commission shall fix and establish the interest rate or rates for each issue of bonds, and interest shall be payable semiannually. Each sale shall be advertised pursuant to KRS Chapter 424 and by at least one (1) publication in a financial newspaper or journal published in the City and State of New York. History: Amended 1966 Ky. Acts ch. 239, sec. 2. -- Created 1960 Ky. Acts ch. 15, sec. 23, effective February 20, 1960.

KRS 40.210 Tax-exempt character of bonds -- Signatures -- Temporary and replacement bonds

40.210. Tax-exempt character of bonds -- Signatures -- Temporary and replacement bonds The bonds and receipt of interest thereon shall be exempt from all taxation by the Commonwealth and its political subdivisions. The bonds shall be signed in the name of the Commonwealth by the facsimile signatures of the Governor and Treasurer of the Commonwealth, and the great seal of the Commonwealth or a facsimile thereof shall be affixed thereto and attested by the validating manual signature of the Secretary of State and the facsimile signature of the Treasurer shall be printed upon the interest coupons, if any. In case any officer whose signature or a facsimile shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile signature shall, nevertheless, be valid and sufficient for all purposes, the same as if he had remained in office until delivery. All bonds issued under this chapter shall have and are hereby declared to have all the incidents of negotiable instruments. Prior to the preparation of definitive bonds, the State Property and Buildings Commission may issue interim receipts or temporary bonds, with or without interest coupons, exchangeable for definitive bonds when the same shall have been executed and are available for delivery; and provision may also be made for the replacement of any bonds which shall become mutilated or be destroyed or lost. Bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the Commonwealth and without any other proceedings or the happening of any conditions or things other than the proceedings, conditions, and things which are specifically required by this chapter. History: Created 1960 Ky. Acts ch. 15, sec. 24, effective February 20, 1960.

KRS 40.220 "Veterans' Bonus Fund."

40.220. "Veterans' Bonus Fund." (1) The proceeds of all bonds issued and delivered under this chapter shall be deposited from time to time in the State Treasury and shall be segregated in a special fund, hereby created, which shall be designated the "Veterans' Bonus Fund." Moneys in said fund from time to time shall be disbursed solely for payment of approved veterans' bonus claims, and for the expenses incurred in issuing such bonds. Pending disbursement, the same may be invested and reinvested as the State Property and Buildings Commission may from time to time prescribe; and income from the investments shall be credited to such fund. (2) If there shall be an undisbursed balance in said fund after payment of all approved claims received by the administrator within the time limits established in KRS 40.070, the same shall be transferred to the general fund of the Commonwealth. History: Created 1960 Ky. Acts ch. 15, sec. 25, effective February 20, 1960.

KRS 40.230 Construction of chapter -- Administrator's power to make regulations

40.230. Construction of chapter -- Administrator's power to make regulations This chapter shall be given a liberal construction in the interpretation thereof. The administrator shall have power to make rules and regulations for implementing this chapter; and when promulgated according to KRS Chapter 13A, the same shall have the force and effect of law. History: Created 1960 Ky. Acts ch. 15, sec. 26, effective February 20, 1960. Legislative Research Commission Note (10/5/90). Pursuant to KRS 7.136(1), KRS Chapter 13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, § 36 and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

KRS 40.300 Department of Veterans' Affairs attached to Office of Governor -- Organization

40.300. Department of Veterans' Affairs attached to Office of Governor -- Organization (1) There is created the Department of Veterans' Affairs, which shall be attached to the Office of the Governor for administrative purposes. Notwithstanding KRS 12.028, the department's status as a separate organizational unit attached to the Office of the Governor shall not be changed except by action of the General Assembly. The department shall be headed by a commissioner appointed by the Governor pursuant to KRS 12.040. The Office of the Commissioner is created within the department. (2) The Department of Veterans' Affairs shall include the Governor's Advisory Board for Veterans' Affairs established by KRS 40.305. (3) The Department of Veterans' Affairs shall be responsible for providing services to veterans in accordance with KRS 40.310 and KRS 40.320 to 40.335. (4) There is created the Office of Veteran Legal Services within the Office of the Commissioner. The office shall be headed by an executive director appointed pursuant to KRS 12.050 who shall report to the commissioner of the Department of Veterans' Affairs. (5) There is created the Office of Kentucky Veterans' Services within the Office of the Commissioner. The office shall be headed by an executive director appointed pursuant to KRS 12.050 who shall report to the commissioner of the Department of Veterans' Affairs. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 95, sec. 1, effective June 29, 2021. -- Amended 2001 Ky. Acts ch. 10, sec. 2, effective June 21, 2001. -- Repealed, reenacted, and amended 2000 Ky. Acts ch. 147, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 88, sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 244, sec. 1, effective July 15, 1996. Formerly codified as KRS 36.300.

KRS 40.305 Governor's Advisory Board for Veterans' Affairs -- Membership -- Meetings -- Duties of board and commissioner of Department of Veterans' Affairs

40.305. Governor's Advisory Board for Veterans' Affairs -- Membership -- Meetings -- Duties of board and commissioner of Department of Veterans' Affairs (1) There is created a board to be known as the Governor's Advisory Board for Veterans' Affairs, which shall be attached to the Department of Veterans' Affairs. (2) The board shall be composed of the following: (a) Seven (7) members appointed by the Governor, two (2) of whom shall be recommended by the Joint Executive Council of Veterans Organizations of Kentucky; (b) The executive director of the Kentucky Commission on Military Affairs; and (c) The adjutant general of the Commonwealth. (3) All board members appointed by the Governor shall serve until their successors are appointed, and all appointments shall be for three (3) years. It is further provided that the appointments shall be veterans with service during time of war or hostilities wherein American troops were engaged in conflict with an armed enemy. If practicable, the Governor, in making appointments to the board, shall give due consideration to a fair representation on the board of nationally recognized veterans' organizations active in Kentucky, based on size of the membership of such organizations in this state. The state headquarters of each major veterans' organization may, from time to time, submit a list of not more than three (3) names to the Governor from which list original appointments may be made and vacancies filled in his discretion. (4) Members of the board shall meet at least quarterly at the Department of Veterans' Affairs, and at such other times as the chairman may designate, and the members shall decide as to the specific meeting date. (5) Members of the board shall be paid for the actual expenses incurred upon attendance of meetings of the board subject to the Finance and Administration Cabinet regulations. (6) At its first meeting the members of the board shall select a chairman, vice chairman, and secretary from among the appointed members. (7) The Department of Veterans' Affairs shall provide administrative support to the board. (8) The board shall advise the commissioner of the Department of Veterans' Affairs and the Governor on the administration of veterans' services programs. (9) The commissioner shall advise the Governor on matters relating to veterans' affairs. (10) The commissioner and the board shall advise the General Assembly on matters relating to veterans' affairs and the administration of veterans' services programs. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 72, sec. 1, effective July 15, 2016. -- Amended 2009 Ky. Acts ch. 23, sec. 1, effective June 25, 2009. -- Amended 2001 Ky. Acts ch. 10, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 280, secs. 1 and 3, effective July 14, 2000; former KRS 36.310 repealed and reenacted as KRS 40.305 ch. 147, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 244, sec. 5, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 118, sec. 2, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 118, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1); and ch. 74, Art. VI, sec. 33. -- Created 1972 Ky. Acts ch. 222, sec. 1. Formerly codified as KRS 36.310. Legislative Research Commission Note (7/14/2000). In accordance with 2000 Ky. Acts ch. 280, sec. 3, the amendment of the former KRS 36.310 in Section 1 of Acts Chapter 280 has been merged into the repeal and reenactment of that statute as KRS 40.305 by 2000 Ky. Acts ch. 147, sec. 2, notwithstanding KRS 446.260.

KRS 40.310 Duties of Department of Veterans' Affairs

40.310. Duties of Department of Veterans' Affairs (1) The Department of Veterans' Affairs shall collect all necessary data and information regarding facilities and services available to veterans, their families, and dependents, and shall cooperate with all information or service agencies throughout the state in informing such persons regarding the existence or availability of all educational, training, and retraining facilities; health, medical, rehabilitation, and housing services and facilities; employment and reemployment services; provisions of federal, state, and local laws affording rights, privileges, and benefits to said persons, their families, and dependents, and all other matters of similar related or appropriate nature. It shall likewise be the duty of the department to assist veterans and their families and dependents in the presentation, proof, and establishment of all claims, privileges, rights, and other benefits which they may have under federal, state, or local laws, and to cooperate with all national, state, and local government and private agencies securing services or any benefits to veterans, their families, and dependents. (2) The commissioner of the Department of Veterans' Affairs shall prepare and submit to the Governor and each member of the board an annual report with reference to claims presented on behalf of veterans and to otherwise report the activities and accomplishments of the department. (3) The Department of Veterans' Affairs shall be authorized to apply for and accept gifts, grants, and other contributions from the federal government, or from any other governmental unit which funds shall be administered by the department through use of trust and agency accounts. (4) Veterans, as used in KRS 40.305 to 40.310 include any individual who served on active duty during peace or war in the Armed Forces of the United States, and who has received an honorable discharge from such service. (5) The Department of Veterans' Affairs shall maintain full, adequate, and complete copies of all records pertaining to claims of veterans who file said claims for benefits through the department. (6) The commissioner of the Department of Veterans' Affairs may purchase liability insurance for the protection of employees of the Department of Veterans' Affairs to protect them from liability for acts, omissions, and claims arising in the course and scope of their employment or service to the department. (7) The Department of Veterans' Affairs shall manage the veterans' program trust fund established by KRS 40.460 by hosting all board meetings, providing logistical support, recording the minutes of each meeting, and authorizing expenditures once the board has approved a request for funds. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 114, sec. 1, effective June 25, 2013. -- Repealed, reenacted, and amended 2000 Ky. Acts ch. 147, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 244, sec. 6, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 313, sec. 2, effective July 14, 1992.-- Amended 1980 Ky. Acts ch. 118, sec. 2, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 34. -- Created 1972 Ky. Acts ch. 222, sec. 3. Formerly codified as KRS 36.330.

KRS 40.312 Kentucky Service Members, Veterans, and their Families Suicide Prevention Program -- Mission and purpose -- Annual report -- Administrative regulations

40.312. Kentucky Service Members, Veterans, and their Families Suicide Prevention Program -- Mission and purpose -- Annual report -- Administrative regulations (1) The Kentucky Service Members, Veterans, and their Families Suicide Prevention Program is hereby created within the Kentucky Department of Veterans' Affairs and shall be attached to the office of the commissioner for administrative purposes. (2) The Kentucky Service Members, Veterans, and their Families Suicide Prevention Program shall operate in collaboration with the Cabinet for Health and Family Services and in conjunction with additional community partnerships, as appropriate. (3) The mission of the program shall be to raise awareness of and reduce death by suicide within the population of service members, veterans, and their families. The program shall work to reduce barriers at the community and individual level that increase the risk of suicide by increasing access to services and collaborating with a statewide network of partners including state government agencies, community partners, nonprofit organizations, federal partners, and individuals directly impacted by risk of or loss from suicide. (4) The program shall connect service members, veterans, and their families, whose need for services is based upon their risk of death by suicide or other circumstances as outlined by the program, with appropriate community and mental health resources. The program shall: (a) 1. Raise awareness of and access to behavioral health services and resources, promote evidence-based best practices and safe messaging to increase awareness of veteran suicide prevention hotlines and other crisis resources, and connect service members, veterans, and their families to trained mental health providers and appropria te community resources; and 2. Advocate for service members, veterans, and their families at risk for suicide, and work to increase public awareness about the issue of suicide among veterans and its root causes; (b) Provide support and guidance to communities aiding in the development of strategic planning designed to reduce suicide among service members, veterans, and their families, including the engagement and coordination of local leadership, faith-based entities, schools, chambers of commerce, public and private providers, grassroots coalitions, and additional stakeholders as identified and appropriate. These efforts shall include but not be limited to the promotion of mental health awareness, the 988 Suicide Crisis Lifeline created in accordance with Pub. L. No. 116-172, the Green Alert under KRS 39F.180, and local resources available to assist in crisis intervention and ongoing supports; and (c) Promote training opportunities and provide educational materials to department and partnering agencies to increase the capacity to raise awareness, identify, and engage service members, veterans, and their families at risk of suicide. (5) The department shall submit an annual written report to the Governor and the Legislative Research Commission by October 30 of each year. The report shall include efforts made, data-driven information, and legislative and budgetary barriers. The report shall be available to the public on the department's website. (6) Notwithstanding any other statute to the contrary, nothing in this section shall permit any state agency to seize or advocate for the seizure of weapons. (7) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A as necessary to effectuate this section. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 73, sec. 1, effective July 15, 2024.

KRS 40.315 State veterans' cemeteries -- Administrative regulations -- Funding

40.315. State veterans' cemeteries -- Administrative regulations -- Funding (1) The Department of Veterans' Affairs shall establish and maintain state veterans' cemeteries in the Commonwealth for the purpose of providing for the interment of veterans of the Armed Forces of the United States and for their eligible next of kin, as determined by the department. (2) Eligibility for interment at a Kentucky state veterans' cemetery shall include: (a) Persons who are eligible for interment in a veteran s' national cemetery pursuant to 38 U.S.C. sec. 2402 and regulations promulgated thereunder; and (b) Any member of a reserve component of the Armed Forces, the Army National Guard, or the Air National Guard not otherwise qualified in paragraph (a) of this subsection, if: 1. The member completed the initial period of service as required by 10 U.S.C. sec. 651(a) and was discharged under conditions other than dishonorable; or 2. The member of the Army National Guard or the Air National Guard died while on state active duty or while serving under Title 32 of the United States Code. (3) For a person eligible under subsection (2)(b) of this section, the eligibility for interment of the person's spouse, surviving spouse, minor child, and dependent incapacitated child shall be determined pursuant to 38 U.S.C. sec. 2402(a)(5). (4) The Kentucky state veterans' cemeteries shall be under the administrative authority and control of the Department of Veterans' Affairs. The department may promulgate administrative regulations necessary to operate the cemeteries in compliance with applicable state and federal statutes and regulations. (5) The department shall provide interment service in accordance with 38 U.S.C. secs. 2404 and 2408. (6) No person convicted of a state or federal criminal capital offense shall be eligible for interment in a Kentucky state veterans' cemetery. (7) The department is authorized to seek federal and private funding for the construction, renovation, and operation of Kentucky state veterans' cemeteries. Effective: January 1, 2026 History: Amended 2025 Ky. Acts ch. 20, sec. 1, effective January 1, 2026. -- Amended 2023 Ky. Acts ch. 188, sec. 1, effective June 29, 2023. -- Repealed and reenacted 2000 Ky. Acts ch. 147, sec. 4, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 19, sec. 1, effective July 15, 1998. Formerly codified as KRS 36.340.

KRS 40.317 Veterans' benefits regional administrators and field representatives -- Duties

40.317. Veterans' benefits regional administrators and field representatives -- Duties The Kentucky Department of Veterans' Affairs shall employ no more than five (5) veterans' benefits regional administrators and no fewer than twenty (20) veterans' benefits field representatives. (1) The duties of a veterans' benefits regional administrator shall include but not be limited to supervision of veterans' benefits field representatives in an assigned region. (2) The duties of a veterans' benefits field representative shall include but not be limited to providing assistance to veterans and their dependents with initiation, preparation, documentation, and adjudication of claims to benefits under federal, state, or local laws. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 118, sec. 1, effective July 15, 2020. -- Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 13, effective April 25, 2006.

KRS 40.320 Purpose of KRS 40.325

40.320. Purpose of KRS 40.325 The General Assembly has determined the establishment of state veterans' nursing homes to be in the best interests of the veterans of the Commonwealth and necessary to the well- being of our elderly and disabled veterans. Therefore, it is the purpose of KRS 40.325 to authorize the establishment of state veterans' nursing homes, to promote their construction or renovation, and to assign administrative responsibility for their planning and operation. Effective: July 14, 2000 History: Repealed, reenacted, and amended 2000 Ky. Acts ch. 147, sec. 5, effective July 14, 2000. -- Created 1986 Ky. Acts ch. 31, sec. 1, effective February 28, 1986. Formerly codified as KRS 36.350.

KRS 40.325 Definition of "nurse aide" -- Veterans' nursing homes -- Office of Kentucky Veterans' Centers -- Administrative regulations -- Funding -- Contracts to hire licensed nurses and nurse aides to provide long-term care

40.325. Definition of "nurse aide" -- Veterans' nursing homes -- Office of Kentucky Veterans' Centers -- Administrative regulations -- Funding -- Contracts to hire licensed nurses and nurse aides to provide long-term care (1) As used in this section, "nurse aide" means an individual who has successfully completed the nurse aide training and competency evaluation program and may include a nursing student, medication aide, or a person employed through a nursing pool who provides nursing or nursing-related services to a resident in a nursing facility, excluding: (a) An individual who is a licensed health professional; (b) A volunteer who provides the nursing or nursing-related services without monetary compensation; or (c) A person who is hired by the resident or family to sit with the resident and who does not perform nursing or nursing-related services. (2) There shall be established and maintained in the Commonwealth of Kentucky state veterans' nursing homes to provide long-term care to veterans who are residents of Kentucky. (3) There is created the Office of Kentucky Veterans' Centers within the Office of the Commissioner of the Department of Veterans' Affairs. The office shall be headed by an executive director appointed pursuant to KRS 12.050. The office shall operate the Kentucky state veterans' centers and medical division. The Department of Veterans' Affairs may promulgate any administrative regulations necessary to operate the homes in compliance with applicable state and federal statutes and regulations. (4) The Department of Veterans' Affairs may seek federal and private funding for the construction or renovation, and operation of Kentucky state veterans' nursing homes. (5) The executive director of the Office of Kentucky Veterans' Centers, with the approval of the commissioner of the Department of Veterans' Affairs, may contract to hire licensed nurses and nurse aides in order to provide needed long-term care of veterans in residence at state veterans' nursing homes, and those contracts shall not be subject to KRS 45A.550 to 45A.554 or 45A.690 to 45A.725. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 95, sec. 2, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 118, sec. 2, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 39, sec. 1, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 83, secs. 1 and 3; former KRS 36.355 repealed and reenacted as KRS 40.325 ch. 147, sec. 6. -- Amended 1996 Ky. Acts ch. 244, sec. 7, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 474, sec. 2, effective July 15, 1994. -- Created 1986 Ky. Acts ch. 31, sec. 2, effective February 28, 1986. Formerly codified as KRS 36.355 Legislative Research Commission Note (7/14/2000). In accordance with 2000 Ky. Acts ch. 83, sec. 3, the amendment of the former KRS 36.355 in Section 1 of Acts Chapter 83 has been merged into the repeal and reenactment of that statute as KRS 40.325 by 2000 Ky. Acts ch. 147, sec. 6, notwithstanding KRS 446.260.

KRS 40.327 Loan repayment program for registered nurses and licensed practical nurses employed by Department of Veterans' Affairs -- KHEAA to administer program -- Funding

40.327. Loan repayment program for registered nurses and licensed practical nurses employed by Department of Veterans' Affairs -- KHEAA to administer program -- Funding (1) The Kentucky Department of Veterans' Affairs shall create a loan repayment program for registered nurses and licensed practical nurses within their employ. (2) The loan repayment program shall apply to any existing student loan incurred by the employee as a result of that employee's academic or technical studies leading to becoming a registered nurse or licensed practical nurse. (3) The loan repayment program shall not apply to loans previously repaid. (4) Recipients of the loan repayment program shall sign a contract stipulating: (a) The recipient's existing student loan debt shall be repaid up to twenty-five percent (25%) of the loan's principal and interest up to a maximum of ten thousand dollars ($10,000) after satisfactory completion of one (1) year of employment at the state veterans' nursing home assigned; (b) The recipient's student loan shall be repaid up to twenty-five percent (25%) of the loan's principal and interest up to a maximum of ten thousand dollars ($10,000) after satisfactory completion of a second consecutive full year of employment at the state veterans' nursing home assigned; (c) The recipient's student loan shall be repaid up to twenty-five percent (25%) of the loan's principal and interest up to a maximum of ten thousand dollars ($10,000) after satisfactory completion of a third consecutive full year of employment at the state veterans' nursing home assigned; (d) The recipient's student loan shall be repaid up to twenty-five percent (25%) of the loan's principal and interest up to a maximum of ten thousand dollars ($10,000) after satisfactory completion of a fourth consecutive full year of employment at the state veterans' nursing home assigned; and (e) The total amount paid by the loan repayment program shall not exceed forty thousand dollars ($40,000) for a maximum of four (4) consecutive full years of employment per person. (5) The Kentucky Higher Education Assistance Authority shall administer this program from funds provided by the Kentucky Department of Veterans' Affairs as funds are available. (6) The Kentucky Higher Education Assistance Authority and the Kentucky Department of Veterans' Affairs shall promulgate administrative regulations necessary for the effectuation of this section, including limits on the amount of any loan that will be repaid. Effective: January 1, 2020 History: Created 2019 Ky. Acts ch. 117, sec. 1, effective January 1, 2020.

KRS 40.330 Authorization to apply for issuance of revenue bonds -- Other financial arrangements

40.330. Authorization to apply for issuance of revenue bonds -- Other financial arrangements For the purpose of financing the costs of the construction or renovation of Kentucky state veterans' nursing homes and all proper costs necessary or incidental thereto, the Department of Veterans' Affairs is hereby authorized to apply to the State Property and Buildings Commission for the issuance of revenue bonds and to enter into any leases or other financing agreements in respect of the Kentucky state veterans' nursing homes necessary or desirable to provide revenues to amortize and secure the revenue bonds. Effective: July 14, 2000 History: Repealed and reenacted 2000 Ky. Acts ch. 147, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 244, sec. 8, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 474, sec. 3, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 437, Pt. X, sec. 1, effective April 15, 1988. Formerly codified as KRS 36.360.

KRS 40.335 Revenue bonds -- Provisions -- Exempt from taxation -- Negotiability -- Conditions in authorizing resolution -- Sale of bonds -- Prior consent not required

40.335. Revenue bonds -- Provisions -- Exempt from taxation -- Negotiability -- Conditions in authorizing resolution -- Sale of bonds -- Prior consent not required (1) Revenue bonds issued under the provisions of KRS 40.330 and this section shall state that they are issued pursuant to KRS 40.330 and this section and to the provisions of KRS Chapters 56 and 58, as applicable. Revenue bonds issued under the provisions of KRS 40.330 and this section and the interest thereon shall be exempt from all taxation by the Commonwealth and its political subdivisions. Revenue bonds issued under the provisions of KRS 40.330 and this section shall have and are hereby declared to have all the incidents of negotiable instruments. (2) The State Property and Buildings Commission, in each resolution authorizing the issuance of revenue bonds under the provisions of KRS 40.330 and this section, shall determine the following: (a) The maturity date or dates of the revenue bonds; (b) The manner in which interest shall be paid thereon; (c) The terms of redemption applicable thereto; and (d) Such other particulars of the revenue bonds not contrary to law or inconsistent with KRS 40.330 and this section. (3) Notwithstanding the provisions of KRS Chapters 56 and 58, revenue bonds issued under the provisions of KRS 40.330 and this section may be sold by the State Property and Buildings Commission, and the interest rates to be borne by such bonds shall be determined, in such manner as the State Property and Buildings Commission shall decide, including, without limitation, sale by private negotiation. (4) No consent of any department, division, commission, board, bureau, or agency of the Commonwealth other than the proceedings, conditions and other things which are specifically required by KRS 40.330 and this section and KRS Chapters 56 and 58, shall be required for the issuance of revenue bonds under the provisions of KRS 40.330 and this section. Effective: July 14, 2000 History: Repealed, reenacted, and amended 2000 Ky. Acts ch. 147, sec. 8, effective July 14, 2000. -- Created 1988 Ky. Acts ch. 437, Pt. X, sec. 2, effective April 15, 1988. Formerly codified as KRS 36.370.

KRS 40.340 Kentucky Homeless Veterans Program -- Homeless Veterans Service Coordinating Committee

40.340. Kentucky Homeless Veterans Program -- Homeless Veterans Service Coordinating Committee (1) The Kentucky Homeless Veterans Program is hereby created in the Kentucky Department of Veterans' Affairs and shall be attached to the office of the commissioner for administrative purposes. The program shall develop a statewide network of: (a) Services that provide treatment for addictions, including but not limited to alcohol, drug use, and gambling; (b) Services that lead to permanent housing; (c) Services that lead to employment; and (d) Concerned citizens and nonprofit agencies that provide shelter. (2) The mission of the Kentucky Homeless Veterans Program shall be to work toward the elimination of homelessness and the prevention of the threat of homelessness and its causes in the veteran population of the Commonwealth. (3) The program shall provide assistance to persons who served in the United States Armed Forces or in forces incorporated as part of the United States Armed Forces, and who were discharged under conditions other than dishonorable. (4) The program shall provide assistance to persons whose need for services is based upon homelessness, or other circumstances as prescribed by administrative regulations promulgated by the department. (5) The primary components of the program shall be: (a) Advocacy and public awareness. The program shall be an advocate for homeless veterans, and work to increase public awareness about the issue of homelessness among veterans and its root causes. The program shall advocate legislation and policies on the local, state, and national level to address these issues; (b) Information services. The program shall monitor and research issues relating to homeless veterans and disseminate information and opportunities throughout its network; (c) Technical assistance. The program, through conferences and training workshops with federal and state agencies, shall provide guidance and direction in applying for grants and benefits for homeless veterans. The program shall provide peer-to-peer consulting and on-site technical support; and (d) Facilities. The program, through grants and other sources of funding, shall provide facilities as appropriate in support of the program. (6) A Homeless Veterans Service Coordinating Committee shall be established. The committee's membership shall be comprised of representatives of public and private agencies who provide services that may be used by homeless veterans. The commissioner of the Department of Veterans' Affairs shall designate the agencies represented on the committee. The committee shall discuss and research ways in which the services that it offers can be made more easily available and better focused to serve homeless veterans. (7) The program is authorized to accept and expend moneys as may be appropriated from time to time by the General Assembly, and any moneys that may be received from any source including donations and grants. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 98, sec. 1, effective July 14, 2000.

KRS 40.345 Private employer may have voluntary veterans' preference employment policy -- Registry of employers -- Administrative regulations

40.345. Private employer may have voluntary veterans' preference employment policy -- Registry of employers -- Administrative regulations (1) The following definitions apply in this section unless context otherwise requires: (a) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees and excludes the state, a municipality, county, school district, or public institution of higher education; and (b) "Veterans' preference employment policy" means a private employer's voluntary preference for hiring, promoting, or retaining a veteran over another qualified applicant or employee. (2) A private employer may have a voluntary veterans' preference employment policy. The veterans' preference employment policy shall be in writing and applied uniformly to employment decisions regarding hiring, promotion, or retention during a reduction in workforce. The private employer may require the veteran to submit a Department of Defense form DD 214 as proof of eligibility for the veterans' preference employment policy. Granting preference under this section does not violate any local or state equal employment opportunity law, including but not limited to KRS Chapter 344. (3) The Department of Veterans' Affairs and the Education and Labor Cabinet may assist a private employer in determining the veteran's status as an applicant. The Education and Labor Cabinet may maintain an online registry of employers that have a voluntary veterans' preference employment policy as described in this section and may promulgate administrative regulations to assist in the creation of this policy. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 16, effective July 1, 2022. -- Created 2015 Ky. Acts ch. 104, sec. 1, effective June 24, 2015. Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 104, sec. 2 provides that this statute created in 2015 Ky. Acts ch. 104, sec. 1 may be cited as the "Voluntary Veterans' Preference Employment Policy Act."

KRS 40.350 Kentucky Wounded or Disabled Veterans Program -- Powers and duties -- Components of program -- Data-sharing agreements -- Confidentiality of veterans' personal information -- Administrative regulations -- Authority to accept and expend moneys

40.350. Kentucky Wounded or Disabled Veterans Program -- Powers and duties -- Components of program -- Data-sharing agreements -- Confidentiality of veterans' personal information -- Administrative regulations -- Authority to accept and expend moneys (1) (a) The Kentucky Wounded or Disabled Veterans Program is hereby created in the Kentucky Department of Veterans' Affairs and shall be attached to the Office of the Commissioner for administrative purposes. (b) The program shall assist wounded or disabled veterans who served in the United States Armed Forces and were discharged under conditions other than dishonorable. The program shall: 1. Ease the transition from active service for these wounded or disabled veterans; and 2. Ensure that these wounded or disabled veterans receive the federal, state, and private benefits to which they are entitled as wounded or disabled veterans. (c) The commissioner shall designate a wounded or disabled veterans coordinator for the Commonwealth. (2) The Kentucky Wounded or Disabled Veterans Program shall: (a) Perform outreach to improve wounded or disabled veterans' awareness of eligibility for federal, state, and private wounded or disabled veterans' services and benefits; (b) Assess the needs of wounded or disabled veterans with respect to benefits and services; (c) Review programs, research projects, and other initiatives that are or may be: 1. Designed to address or meet the needs of Kentucky's wounded or disabled veterans; or 2. Unresponsive or insensitive to the needs of these wounded or disabled veterans; (d) Recommend changes, revisions, and new initiatives to the commissioner to: 1. Address deficiencies identified through the review established in paragraph (c) of this subsection; and 2. Improve benefits and services; and (e) Incorporate wounded or disabled veterans' issues in strategic planning concerning benefits and services. (3) The primary components of the program shall be: (a) Advocacy and Public Awareness. The program shall advocate for wounded or disabled veterans and shall work to increase public awareness about the needs of wounded or disabled veterans. The program shall advocate legislation and policies on the local, state, and national levels to address these issues; (b) Collaboration. The program shall collaborate with federal, state, and private agencies that provide services to wounded or disabled veterans; (c) Research and Information Dissemination. The program shall monitor and research issues relating to wounded or disabled veterans and disseminate information and opportunities throughout its network; (d) Education. The program, through conferences, seminars, and training workshops with federal, state, and private agencies, shall provide guidance and direction to wounded or disabled veterans applying for grants, benefits, or services; (e) Honor and Recognition. The program shall promote events and activities that recognize and honor wounded or disabled veterans; and (f) Facilities. The program, through grants and other sources of funding, shall provide facilities as appropriate in support of the program. (4) The Kentucky Department of Veterans' Affairs shall enter into data-sharing agreements with the United States Department of Veterans Affairs and the Department of Defense to obtain timely information with regard to the address and medical status of a Kentucky wounded or disabled veteran. (5) With the consent of a wounded or disabled veteran, the wounded or disabled veterans coordinator for the Commonwealth, or his or her designee, may obtain personal information concerning that veteran for the sole purpose of implementing the program. Under the provisions of KRS 61.878, the information shall not be subject to public disclosure. (6) The Kentucky Department of Veterans' Affairs shall promulgate administrative regulations to carry out the provisions of this section. (7) The program is authorized to accept and expend: (a) Moneys that may be appropriated by the General Assembly; and (b) Other moneys received from any other source, including donations and grants. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 92, sec. 1, effective June 26, 2007.

KRS 40.353 Kentucky Medal for Freedom -- Eligibility -- Administrative regulations -- Funds to defray costs

40.353. Kentucky Medal for Freedom -- Eligibility -- Administrative regulations -- Funds to defray costs (1) The Kentucky Medal for Freedom is hereby created to be awarded by the Kentucky Department of Veterans' Affairs to an individual who has been killed in action on or after January 1, 1991, while: (a) Engaged in an action against an enemy of the United States; (b) Engaged in military operations involving conflict with an opposing foreign force; (c) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or (d) Serving in a combat zone as designated by presidential order. (2) Individuals eligible to receive the Kentucky Medal for Freedom include: (a) Members of the Kentucky National Guard or a Reserve Component stationed in Kentucky; (b) Members of a state National Guard or a Reserve Component who named Kentucky as a home of record; (c) Members of the regular United States Armed Forces who named Kentucky as a home of record; and (d) Members of the regular United States Armed Forces, a state National Guard, or a Reserve component who were buried in Kentucky on or after July 15, 2008, and have a surviving spouse, parent, or next available family member who is a Kentucky resident. (3) The department shall enter the name of a recipient of the Kentucky Medal for Freedom on the Kentucky Medal for Freedom roll. (4) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the provisions of this section. (5) The department may receive funds from the veterans' program trust fund to defray the cost of the Kentucky Medal for Freedom. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 114, sec. 2, effective June 25, 2013. -- Created 2008 Ky. Acts ch. 26, sec. 1, effective July 15, 2008.

KRS 40.355 Indigent Veterans' Burial Program -- Funding -- Administration

40.355. Indigent Veterans' Burial Program -- Funding -- Administration (1) There is hereby established an Indigent Veterans' Burial Program and there is hereby created in the State Treasury a fund entitled the indigent veterans' burial trust fund to provide funds to defray the costs of funeral expenses for indigent veterans in the Commonwealth of Kentucky. The fund may receive state appropriations, gifts, grants, federal funds, and any other funds both public and private. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the commissioner of the Department of Veterans' Affairs or his or her representative. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Indigent Veterans' Burial Program. (2) The fund shall be used to defray the costs of funeral expenses for indigent veterans by allocating the funds to pay for the burial or cremation and burial honors of an indigent veteran of the Commonwealth of Kentucky or by allocating the funds to reimburse a veterans' service organization that paid for the cost of the burial or cremation and burial honors of an indigent veteran of the Commonwealth of Kentucky. (3) The Department of Veterans' Affairs shall oversee the Indigent Veterans' Burial Program and trust fund. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 29, sec. 2, effective July 15, 2008.

KRS 40.357 Administrative regulations implementing Indigent Veterans' Burial Program

40.357. Administrative regulations implementing Indigent Veterans' Burial Program (1) The Department of Veterans' Affairs shall promulgate administrative regulations to implement the Indigent Veterans' Burial Program. These regulations shall be in accordance with the provisions of KRS Chapter 13A. (2) The Department of Veterans' Affairs shall coordinate with the Department of Military Affairs and the veterans' service organizations to determine the eligibility of an indigent veteran in the Commonwealth of Kentucky for the Indigent Veterans' Burial Program under administrative regulations to be promulgated by the Department of Veterans' Affairs. (3) The Department of Veterans' Affairs shall coordinate the Indigent Veterans' Burial Program with the Department of Military Affairs, the veterans' service organizations, the Kentucky Association of Cemeteries, and the Kentucky Funeral Directors' Association. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 29, sec. 3, effective July 15, 2008.

KRS 40.360 Veterans' Service Organization Burial Honor Guard Program

40.360. Veterans' Service Organization Burial Honor Guard Program (1) The Commonwealth of Kentucky recognizes the vast majority of honorable burials for Kentuckians who have served their state and nation in the Armed Forces are conducted by the veterans' service organizations. The active military units in Kentucky, the Kentucky National Guard, and the military reserves are providing burial honors details as available manpower permits. Year 2000 data from the Department of Defense shows over 497,000 veterans died, but only 91,074 military funeral honors were performed. Although the veterans' service organizations provide untold thousands of unofficial services, many Kentucky veterans are still being buried without honors, including firing details, color guard, and pallbearers. (2) To correct this situation, the Department of Veterans' Affairs shall oversee a Veterans' Service Organization Burial Honor Guard Program. (3) The Department of Veterans' Affairs shall implement and administer the provisions of this section through the promulgation of administrative regulations. These regulations shall be in accordance with the provisions of KRS Chapter 13A. Effective: July 1, 2002 History: Created 2002 Ky. Acts ch. 43, sec. 1, effective July 1, 2002.

KRS 40.362 Veterans' Service Organization Burial Honor Guard trust fund

40.362. Veterans' Service Organization Burial Honor Guard trust fund (1) There is established and created in the State Treasury a fund entitled the "Veterans' Service Organization Burial Honor Guard trust fund" to provide funds to offset the costs of the Veterans' Service Organization Burial Honor Guard Program. The fund may receive state appropriations, gifts, grants, federal funds, and any other funds both public and private. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the commissioner of the Department of Veterans' Affairs or his or her representative. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Veterans' Service Organization Burial Honor Guard Program. (2) The fund shall be used to support the costs which veterans' service organizations incur in providing and supporting a well-equipped, properly trained, and certified burial honor guard. Effective: July 1, 2002 History: Created 2002 Ky. Acts ch. 43, sec. 2, effective July 1, 2002.

KRS 40.364 Duties of Department of Veterans' Affairs

40.364. Duties of Department of Veterans' Affairs (1) The Department of Veterans' Affairs shall promulgate administrative regulations to implement the Veterans' Service Organization Burial Honor Guard Program. (2) The Department of Veterans' Affairs shall coordinate with the veterans' service organizations to determine the eligibility of the organization under administrative regulations to be promulgated by the Department of Veterans' Affairs. (3) The Department of Veterans' Affairs shall coordinate the Veterans' Service Organization Burial Honor Guard Program with veterans' service organizations, Kentucky veterans and their dependents, the Kentucky Funeral Directors' Association, the Department of Military Affairs, the United States Army Reserve, and the Casualty Assistance Commands of Fort Campbell and Fort Knox. Effective: July 1, 2002 History: Created 2002 Ky. Acts ch. 43, sec. 3, effective July 1, 2002.

KRS 40.366 Student participation in program -- Excused absences

40.366. Student participation in program -- Excused absences (1) Recognizing the participation of secondary school students in the Veterans' Service Organization Burial Honor Guard Program, excused absences may be granted by local school boards to students of secondary school JROTC programs or other students who participate in the Veterans' Service Organization Burial Honor Guard Program. This includes time spent training, traveling, and participating in the Veterans' Service Organization Burial Honor Guard Program. (2) Local school boards may also adopt a policy to allow students to participate in the Veterans' Service Organization Burial Honor Guard Program as a part of the instructional program. Effective: July 1, 2002 History: Created 2002 Ky. Acts ch. 43, sec. 4, effective July 1, 2002.

KRS 40.400 Definitions for KRS 40.410 to 40.560

40.400. Definitions for KRS 40.410 to 40.560 As used in KRS 40.410 to 40.560: (1) "Department of Military Affairs" means the office of the adjutant general, Commonwealth of Kentucky; (2) "Administrator" means the individual designated by the adjutant general to carry out the responsibilities of KRS 40.410 to 40.560; (3) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof on active duty, other than for training, and shall not include the merchant marine; (4) "Qualified veteran" means any person whose period of active duty service meets the criteria set forth in subsection (5) or (6) of this section; (5) "Qualifying Vietnam service" means service by any person who: (a) Served as a member of the Armed Forces of the United States in Vietnam or its contiguous waters or airspace, as defined in United States Department of Defense Directive 1348.15, October 1, 1965, for a period of at least thirty (30) days, unless such period was lessened as a result of death or medical evacuation, during the period July 1, 1958, through May 15, 1975; or served as a member of the Armed Forces of the United States in the Dominican Republic, Congo, Thailand, Laos, or Cambodia, or participated in aerial missions in the airspace over same, for a period of at least thirty (30) days, unless such period was lessened as a result of death or medical evacuation, during the period July 3, 1965, through May 15, 1975; or served as a member of the Armed Forces of the United States and was awarded, or was eligible for award of, the Vietnam Service Medal established by United States Department of Defense Directive 1348.15, October 1, 1965; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or who is presently serving on active duty; (c) Was a resident of the Commonwealth at the time of entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (6) "Qualifying Vietnam era service" means service by any person who: (a) Served in the Armed Forces of the United States on active duty, including service in a reserve component there of other than for training, for at least ninety (90) consecutive days, exclusive of time lost as AWOL or in penal confinement, during the period August 5, 1964, to May 15, 1975, but whose service was in a location not included in subsection (5)(a) of this section; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or is still serving on active duty; (c) Was a resident of the Commonwealth at the time of his or her entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (7) "Resident of the Commonwealth at the time of entry into the active service" means any person who gave the Commonwealth of Kentucky, or any specific place in this Commonwealth, as his or her place of residence at the time of entry. Conclusive and exclusive evidence of the giving of place of residence shall be the official records on file in the Department of Defense of the United States, or any official record thereof in the files of the United States Department of Veterans Affairs; but if it be shown to the satisfaction of the administrator that for any reason no such record was made, or that it has been lost, misplaced, destroyed, or was in error, or that an authenticated copy thereof cannot be obtained within a reasonable time, other evidence of bona fide residence may be accepted if deemed sufficient by the administrator; (8) "Resident," in any context other than as in subsections (5) and (6) of this section, means a legal resident as determined by generally established principles of law, as may be defined, and subject to proof, according to the regulations the administrator promulgates; (9) "Beneficiary" means the following persons who were alive at the time of application, in this order: widow, if none to the child or children equally, if none to the mother and father equally, but if the father is dead, the mother, if living, shall take the whole amount; but if the mother is dead, the father, if living, shall take the whole amount; (10) (a) "Widow" means a woman who was the wife of a qualified veteran at the time of his death; (b) The term "widow" also includes "widower" in the case of a man who was the husband of a female qualified veteran at the time of her death; (11) "Child" means a person: (a) Who is under the age of eighteen (18) at the time application is made or who was under the age of eighteen (18) at the time of the veteran's death; (b) Who, before attaining the age of eighteen (18), became permanently incapable of self-support; or (c) Who, after attaining the age of eighteen (18) and until completion of education or training, but not after attaining the age of twenty-three (23), is pursuing a course of instruction at a bona fide educational institution; and who, in relationship to the veteran, is a legitimate child; a legally adopted child; a stepchild who is a member of a qualified veteran's household or was a member at the time of the veteran's death; or an illegitimate child, but, as to the alleged father, only if acknowledged in writing signed by him or if he had, before his death, been judicially decreed to be the father of such child; (12) "Mother" means a mother, a mother through adoption, or a woman who for a period of not less than one (1) year stood in the relationship of a mother to a qualified veteran before his or her entry into active service in the Armed Forces, or if two (2) persons stood in such relationship for one (1) year or more, the person who last stood in such relationship before the veteran's last entry into active service in the Armed Forces; (13) "Father" means a father, a father through adoption, or a man who for a period of not less than one (1) year stood in the relationship of a father to a qualified veteran before his or her entry into active service in the Armed Forces, or if two (2) persons stood in such relationship for one (1) year or more, the person who last stood in such relationship before the veteran's last entry into active service in the Armed Forces; (14) "In the continental United States" means any place in the District of Columbia and the states of the United States which are on the North American continent, exclusive of Alaska; (15) "Outside the continental United States" means any place elsewhere than as defined in subsection (14) of this section; (16) "Bonus" and "Vietnam veterans' bonus" mean the compensation authorized by KRS 40.410 to 40.560; (17) "Bonus claim" means a claim or potential claim for a Vietnam veterans' bonus; and (18) "Claimant" means one who seeks to obtain payment of a bonus claim. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 100, sec. 2, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 42, sec. 4, effective June 29, 2017. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 1, effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 2.

KRS 40.410 Legislative intent

40.410. Legislative intent It is the intent of the General Assembly in enacting KRS 40.400 to 40.560 that such funds sufficient for payment of the Vietnam veterans' bonus authorized by KRS 40.420 shall be appropriated by the 1990 Regular Session of the General Assembly, or at such later times as sufficient funds for the payment of the bonus shall become available, exclusively from moneys transferred or collected from the Kentucky lottery revenues pursuant to KRS 154A.130. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 21.

KRS 40.420 Determination and declaration that bonus be paid

40.420. Determination and declaration that bonus be paid (1) It is hereby found, determined and declared that the citizens of the Commonwealth who served in the Armed Forces during the Vietnam conflict performed a public service for the United States of America and the Commonwealth and that the payment of the Vietnam veterans' bonus, as provided in KRS 40.410 to 40.560, promotes the public good by rewarding the public service rendered by such individuals and by encouraging future public service by citizens of the Commonwealth. (2) It is hereby found, determined and declared that a bonus shall be paid by the Commonwealth of Kentucky in the amounts and to the persons determined in accordance with the provisions of KRS 40.410 to 40.560. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 1.

KRS 40.430 Service for which no allowance shall be made

40.430. Service for which no allowance shall be made No bonus shall be paid to any member of the Armed Forces of the United States who did only civilian work at civilian pay or who has received from another state a bonus similar to the bonus provided by KRS 40.410 to 40.560. Effective: March 1, 1991 History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 2, effective March 1, 1991. -- Created 1988 (1st Extra Sess.) Ky. Acts ch. 6, sec. 3.

KRS 40.440 Computation of bonus

40.440. Computation of bonus (1) Every person determined by the administrator to be a qualified veteran shall be paid the sum of fifteen dollars ($15) for each month and major fraction of a month of qualifying Vietnam era service, not to exceed in all the sum of three hundred dollars ($300), and the sum of twenty-five dollars ($25) for each month and major fraction of a month of such service which is qualifying Vietnam service, subject to an aggregate limit for all service in the sum of five hundred dollars ($500). Any qualified veteran who was medically evacuated from a location, service in which location constituted qualifying Vietnam service, shall receive the sum of five hundred dollars ($500), this sum to be in lieu of any other bonus for which said veteran may qualify under the provisions of KRS 40.410 to 40.560. (2) If a person determined to have been a qualified veteran shall be deceased at the time payment of the bonus would otherwise be made to him, the amount of his bonus shall be paid to the first surviving beneficiary, if any, according to the order of priority defined in KRS 40.400(9) and if there be no surviving beneficiary, the bonus of such veteran shall lapse, and no payment thereof shall be made. (3) A beneficiary, as defined in KRS 40.400(9), (10), (11), (12), and (13), of a person killed in the line of duty while serving in the Armed Forces of the United States during the period of eligibility, or who died of service-connected injury sustained while so serving, and who would otherwise have qualified for the bonus provided in subsection (1) of this section, shall be paid three hundred dollars ($300) if no part of the total service during the period was served outside the continental United States or five hundred dollars ($500) if any part of the total service during the period was served outside the continental United States. The provisions of subsection (1) of this section and the minimum period of service for entitlement to a bonus as established by KRS 40.400(5) or (6) shall not apply to these beneficiaries. However, this exception does not waive the respective maximums of three hundred dollars ($300) or five hundred dollars ($500) for each veteran, person killed in the line of duty while on active duty in the Armed Forces, or person who died as a result of service- connected injury sustained while on active duty in the Armed Forces. Payment shall be made to a beneficiary in the order of priority defined in KRS 40.400(9). (4) Notwithstanding the provisions of subsections (1), (2), and (3) of this section, the amount paid to a qualifying veteran or a beneficiary of a qualifying veteran shall be the amount calculated under the provisions of subsection (1), (2), or (3) of this section, less the amount received by the veteran under the provisions of KRS 40.005 or KRS 40.010 to 40.990. Effective: March 1, 1991 History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 3., effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 4.

KRS 40.450 Powers and duties of Department of Military Affairs -- Administration of veterans' program trust fund by Department of Veterans' Affairs

40.450. Powers and duties of Department of Military Affairs -- Administration of veterans' program trust fund by Department of Veterans' Affairs The Department of Military Affairs, Commonwealth of Kentucky, shall administer the provisions of KRS 40.410 to 40.560 and shall: (1) Prepare and make available forms on which applications for the bonus shall be made; (2) Employ such additional personnel as may be required for orderly and expeditious administration; (3) Promulgate all administrative regulations required for the effective administration of KRS 40.410 to 40.560, except as it relates to the veterans' program trust fund established in KRS 40.460(2), which shall be administered by the Kentucky Department of Veterans' Affairs. The Kentucky Department of Veterans' Affairs shall have authority to promulgate administrative regulations for the administration of the veterans' program trust fund; (4) Report annually to the Governor and the Legislative Research Commission within sixty (60) days after the end of each fiscal year during its administration of KRS 40.410 to 40.560; and (5) Report to the Governor and to the Legislative Research Commission not later than the thirtieth day prior to the beginning of the 1990 Regular Session of the General Assembly, and each thirty (30) days thereafter until adjournment of the 1990 Regular Session of the General Assembly, concerning the following: (a) The number of claims which have been submitted; (b) The number of claims which have been approved for payment; (c) The number of claims which are subject to further review; and (d) An accounting for the funds which have been spent in the administration of KRS 40.410 to 40.560. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 30, sec. 1, effective July 15, 2014. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 5.

KRS 40.460 Applications for bonus

40.460. Applications for bonus (1) All applications for the bonus shall be submitted to the adjutant general, Commonwealth of Kentucky, in writing, upon forms made available for that purpose, and shall be accompanied by the documentary evidence prescribed by appropriate administrative regulations. Every application shall be certified under the penalties of perjury, and shall contain representations of the claimant or, if he shall have been adjudged incompetent, or be an infant, of his committee or guardian, that: (a) The facts therein stated are true to the best of his knowledge and belief; (b) All documents submitted in support of the application are believed by the claimant to be genuine originals or copies, as the case may be, and that the claimant has no knowledge that the document has been superseded or cancelled; (c) The claimant has not received from another state a bonus or compensation of a like nature as provided by KRS 40.410 to 40.560; (d) The claimant has not received the Kentucky veterans' bonus provided under KRS 40.005 to 40.230 and 40.990; (e) The claimant has neither paid nor agreed to pay, directly or indirectly, any compensation for assistance received in preparing and tendering the application; and (f) The claimant has knowledge of the fine and forfeiture provisions of KRS 40.410 to 40.560; (2) The application form shall contain provision for, and each claimant shall elect, one (1) of the following choices: (a) The claimant is eligible for and desires to receive a bonus payment; or (b) The claimant is eligible for a bonus payment but requests that his payment be deposited into a veterans' program trust fund, which is hereby established, the proceeds and interest therefrom to be used for veterans' programs. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 27, sec. 1, effective June 8, 2011. -- Amended 1996 Ky. Acts ch. 244, sec. 9, effective July 15, 1996. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 4, effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 6.

KRS 40.470 Time of filing applications -- Return of late applications

40.470. Time of filing applications -- Return of late applications (1) No application shall be filed with or sent to the adjutant general before the first day of March, 1989. (2) No application may be filed with or sent to the administrator after the twenty-eighth day of February, 1990, but if an application is sent by mail, the adjutant general shall receive it if the postmark on the envelope shows date and time of mailing at or before midnight, central standard time, on or before the twenty-eighth day of February, 1990. (3) Applications tendered to the adjutant general otherwise than as provided in subsections (1) and (2) of this section shall not be eligible for consideration under KRS 40.410 to 40.560 and shall not be accepted. Each such application received by mail shall be returned to the sender, if a return address be given, together with notification of the reason for its return. (4) Notwithstanding the provisions of KRS 40.400, 40.430, or any other statute to the contrary, persons who have received the Kentucky veterans' bonus provided under KRS 40.005 to 40.230 or their beneficiaries may apply for the bonus provided for by KRS 40.400 to 40.560 by filing an application on or before the thirty-first day of October, 1991, but if an application is sent by mail, the adjutant general shall receive it if the application is postmarked no later than the thirty-first day of October, 1991. The form of application shall be that specified in KRS 40.460, except that the statement required by KRS 40.460(1)(d) shall not be applicable. Effective: March 1, 1991 History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. ch. 16, sec. 5, effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 7.

KRS 40.480 Discretionary hearing

40.480. Discretionary hearing No claimant shall be entitled to an oral hearing as a matter of right, but the adjutant general may in his discretion order a hearing in any case presenting unusual circumstances, or where it appears that documentary evidence of any material fact cannot reasonably be obtained, or where the claim cannot otherwise adequately be determined. If a hearing is ordered, it shall be conducted in accordance with KRS Chapter 13B. The adjutant general may investigate any matter which in his judgment is not adequately proven, or which shows or raises an inference of fraud, and may require submission of supplementary proof. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 26, effective July 15, 1996. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 8.

KRS 40.490 Repealed, 1996

40.490. Repealed, 1996 Catchline at repeal: Hearing procedure. History: Repealed 1996 Ky. Acts ch. 318, pt. 2, sec. 357, effective July 15, 1996. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 9.

KRS 40.500 Burden of proof

40.500. Burden of proof The burden of proving to the satisfaction of the adjutant general that a bonus is payable shall in all cases be upon the claimant. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 10.

KRS 40.510 Prompt determination to be made

40.510. Prompt determination to be made The adjutant general shall make prompt determination that each application is approved or disapproved for payment of a bonus, and if approved, shall determine the amount to be paid according to the provisions of KRS 40.410 to 40.560. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 11.

KRS 40.520 Notice of disapproval of claim to be sent to claimant -- Review procedure

40.520. Notice of disapproval of claim to be sent to claimant -- Review procedure (1) If a claim is disapproved, the adjutant general shall send a notice of such decision to the claimant by mail at the address shown in the application. The notice shall be in such form as the adjutant general may determine, contain a designation of the reason for disapproval, inform the claimant of his right to seek review, have attached such form of request for review as the adjutant general may prescribe, and shall give information as to the procedure for review. (2) Application for review of a disapproval shall be made only on the forms prescribed and be received in the designated office not later than the closing hour in the thirtieth day after the day upon which the notice of disapproval is mailed, or be forever barred. (3) Upon receiving an application for review, the administrator shall transmit the same, together with the original application and all papers in the case, to the board of review, hereinafter created. (4) The board of review shall promptly consider the same evidence which was available to the administrator, and promptly enter in the case file its decision either finally affirming the administrator's decision, or finally determining the claim and the amount thereof. (5) The board of review shall send a notice of its decision to the claimant by registered mail, and return the case file to the administrator. The decision of the board of review shall be a final determination of the claim shown in the application. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 12.

KRS 40.530 Effect of final disapproval -- Procedure

40.530. Effect of final disapproval -- Procedure If the administrator shall disapprove any claim, or if the decision of the board of review be affirmance of the administrator's disapproval of the claim: (1) No payment of a bonus shall be made; and (2) The administrator, upon receiving advice of the decision, shall note the same in a permanent book or record in his office; shall forthwith return to the claimant the copies of any official records submitted in support of the application; shall finally close the claim file; and may destroy all other papers except the application. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 13.

KRS 40.540 Setting off tax delinquency against bonus

40.540. Setting off tax delinquency against bonus (1) If a claim is approved by the administrator or finally approved upon resort to the board of review, the administrator shall promptly certify to the secretary of the Finance and Administration Cabinet the names and addresses of persons found entitled to be paid, as shown in the application, and the amount payable to each. (a) A copy of each such certificate shall be sent to the commissioner of the Department of Revenue, who shall promptly ascertain from the records of his agency whether any person proposed to be paid a bonus is delinquent in the payment of any tax liability to the Commonwealth. No delinquency shall be deemed to exist as to any asserted tax liability which is the subject of a bona fide dispute. If any delinquency be found to exist, the commissioner of revenue shall, within three (3) working days after this receipt of the certificate, furnish the details thereof to the secretary of finance and administration; and if no advice of tax delinquency is received by the secretary of finance and administration before the end of the fourth working day after his receipt of certification from the administrator, he shall, for the purposes of KRS 40.410 to 40.560, conclusively presume that no delinquency of tax liability to the Commonwealth exists, but such presumption shall apply only to the existence or absence of a set-off by the Commonwealth against a certified claim for a bonus, and shall not alter the facts as between the Commonwealth and any taxpayer. (b) If no advice of tax delinquency is received within such allowed time, the secretary of finance and administration may approve payment in accordance with the certificate of the administrator, and may immediately draw a warrant on the State Treasury for a check in payment, except that no warrant shall be drawn by the secretary until sufficient funds have become available to pay the bonus authorized by KRS 40.410 to 40.560. (c) Upon receipt of such warrant the State Treasurer shall issue a check in accordance therewith payable from funds made available for payment of the bonus authorized by KRS 40.410 to 40.560, and the same shall promptly be mailed to the payee thereof at the address shown in the certificate. (2) If the secretary of finance and administration shall, within the allowed time, receive advice from the commissioner of revenue of the existence of a delinquency on the part of any person having an approved claim for a bonus, as to any tax liability to the Commonwealth, the secretary of finance and administration shall note the same on the certificate of the administrator, withhold payment, and forthwith send to the claimant by registered mail a notice of the asserted delinquency, and the amount thereof, and that it is proposed that the same be set off against the bonus payment. (a) If the secretary of finance and administration receives no protest in his office within ten (10) working days after recording such notice, he shall conclusively presume that the proposed set-off is just, shall apply the amount thereof in reduction or extinguishment of the payment certified by the administrator, and shall advise the commissioner of revenue of the amount set off against the bonus, which advice shall be noted by the commissioner of revenue on the records of his office as a credit upon the delinquent tax liability. (b) If the tax set-off does not consume the entire amount of the bonus as certified by the administrator, the secretary shall draw a warrant upon the State Treasury for a check in the amount of the remainder, and upon receiving such check from the State Treasurer, shall send the same, together with advice of the set-off, by mail, to the payee at the address shown in the certificate of the director. (3) If the secretary of finance and administration receives from the claimant a protest of the asserted tax delinquency, within the allowed time, the secretary shall withhold approval for payment, and shall refer the protest to the commissioner of revenue for disposition. (4) If a tax set-off is made, and the claimant shall assert error with regard thereto, the exclusive remedy shall be by seeking refund from the commissioner of revenue. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 45, effective June 20, 2005. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 14.

KRS 40.550 Claims and payments nonassignable -- Exemptions applicable to payments

40.550. Claims and payments nonassignable -- Exemptions applicable to payments (1) Claims for payment of a bonus shall not be assignable before or after approval thereof, and any attempted or purported assignment received by or tendered to any officer of the Commonwealth shall be void, need not be acknowledged or returned, and may be disregarded. (2) Payments of the bonus shall be exempt from all taxation by the Commonwealth, its political subdivisions and taxing districts. (3) No claim for payment of a bonus and no payment made by the Commonwealth under KRS 40.410 to 40.560 shall give rise to a cause of action against the Commonwealth or any of its officers, agents, or employees, and no claim for payment shall be subject to attachment, levy, garnishment or seizure by or under any legal or equitable process whatever; but this provision shall not extend exemption from legal process to the proceeds of any bonus payment after the same has been received from the Commonwealth. (4) The Commonwealth does not consent to be sued in any court with regard to any matter connected with or arising out of claims for payment of the bonus herein authorized. History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 15.

KRS 40.560 Board of review -- Appointment -- Manner of deciding each claim -- Compensation -- Dissolution

40.560. Board of review -- Appointment -- Manner of deciding each claim -- Compensation -- Dissolution (1) There shall be a board of review consisting of nine (9) persons who are residents and qualified voters of the Commonwealth, appointed by the Governor without limitation as to political affiliation, religion, race, sex, or past or present service in the Armed Forces, except that six (6) members of this board shall be veterans. The name of said board shall be "The Vietnam Veterans' Bonus Board of Review." The Governor shall designate a chairman and a secretary from among the membership. (2) Three (3) members and no more shall constitute a board of review, and shall by concurrence of two (2) members decide any claim which comes before the board in the manner provided in KRS 40.520. The chairman of the board shall designate three (3) members to consider and decide each claim, having due regard for availability for service so that delay may be avoided. (3) The chairman and secretary shall devote their full time to the affairs of the board and shall receive compensation at the rate to be fixed in accordance with personnel standards fixed by the commissioner of personnel until the functions of the board are performed and the board is dissolved as hereinafter provided. Other members of the board shall be compensated fifty dollars ($50) per diem, but only for actual time served in considering and deciding claims for veterans' bonuses pursuant to designation by the chairman. All members of the board shall be reimbursed for necessary travel to and from their places of residence, and in performance of duties pursuant to assignment, at the rate of eighteen cents ($0.18) per mile. (4) Each claim coming before the board shall promptly be considered and decided by the three (3) members designated for that purpose. In every case, the board shall either affirm the decision of the administrator, or determine that a veterans' bonus should be paid, and to what persons and in what amounts. No written opinions or recitations of reasons for any decision need be made. A statement of the decision made shall be signed by at least two (2) of the three (3) members designated to decide the claim, and upon concurrence of two (2) members, a decision shall be final and not subject to reconsideration. (5) When, after the thirty-first day of January, 1992, the board of review shall have decided all cases coming before it for decision, the chairman shall report such fact to the Governor in writing. The Governor shall thereupon declare that the board of review is dissolved, and shall so notify the members, and the functions and duties of the board shall be deemed to have been fully performed. Effective: March 1, 1991 History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 6, effective March 1, 1991. --Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 16.

KRS 40.600 Kentucky Women Veterans Program -- Administrative regulations

40.600. Kentucky Women Veterans Program -- Administrative regulations (1) The Kentucky Women Veterans Program is hereby created in the Kentucky Department of Veterans' Affairs and shall be attached to the office of the commissioner for administrative purposes. The commissioner shall designate a Women Veterans Coordinator for the Commonwealth. The Kentucky Women Veterans Program shall: (a) Perform outreach to improve women veterans' awareness of eligibility for federal and state veterans' services and benefits; (b) Assess the needs of women veterans with respect to benefits and services; (c) Review programs, research projects, and other initiatives designed to address or meet the needs of Kentucky's women veterans; (d) Make recommendations to the commissioner to improve benefits and services; and (e) Incorporate women veterans' issues in strategic planning concerning benefits and services. (2) The mission of the Kentucky Women Veterans Program shall be to ensure that Kentucky women veterans have equitable access to federal and state veterans' services and benefits. (3) The program shall provide assistance to women who served in the United States Armed Forces or in forces incorporated as part of the United States Armed Forces, and who were discharged under conditions other than dishonorable. (4) The primary components of the program shall be: (a) Advocacy and Public Awareness. The program shall advocate for women veterans and shall work to increase public awareness about the gender specific needs of women veterans. The program shall advocate legislation and policies on the local, state, and national levels to address these issues; (b) Collaboration. The program shall collaborate with federal, state, and private agencies that provide services to women veterans; (c) Research and information dissemination. The program shall monitor and research issues relating to women veterans and disseminate information and opportunities throughout its network; (d) Education. The program, through conferences, seminars, and training workshops with federal, state, and private agencies, shall provide guidance and direction to a woman veteran applying for grants, benefits, or services; (e) Honor and Recognition. The program shall promote events and activities that recognize and honor military women; and (f) Facilities. The program, through grants and other sources of funding, shall provide facilities as appropriate in support of the program. (5) A Women Veterans Coordinating Committee shall be established. The committee's membership shall be composed of representatives of government, public, and private agencies that provide grants, benefits, or services to women veterans. The commissioner of the Kentucky Department of Veterans' Affairs shall designate the agencies represented on the committee. However, the President of the Kentucky Senate shall appoint a Senator to the committee, and the Speaker of the Kentucky House of Representatives shall appoint a Representative. The committee shall: (a) Actively pursue the mission of the Kentucky Women Veterans Program; (b) Identify policies, practices, programs, and related activities that are unresponsive or insensitive to the needs of women veterans; and (c) Recommend changes, revisions, and new initiatives to address identified deficiencies. (6) The program is authorized to accept and expend: (a) Moneys that may be appropriated by the General Assembly; and (b) Other moneys received from any other source, including donations and grants. (7) The Department of Veterans' Affairs may promulgate administrative regulations to carry out the provisions of this section. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 24, sec. 1, effective July 15, 2016. -- Created 2005 Ky. Acts ch. 21, sec. 1, effective June 20, 2005.

KRS 40.650 Veterans' Personal Loan Program

40.650. Veterans' Personal Loan Program (1) As used in this section: (a) "Department" means the Department of Veterans' Affairs; and (b) "Veteran" means a person who served in the active Armed Forces of the United States, including the Coast Guard of the United States, and was released, separated, discharged, or retired therefrom under honorable or general conditions. (2) A veterans' personal loan program trust fund is established to oversee and administer funds under the Veterans' Personal Loan Program. (3) (a) To be eligible for a loan under the Veterans' Personal Loan Program, an applicant shall be a resident of, and living in, the Commonwealth on the date of the application. (b) 1. As used in this paragraph, "qualified" means having met loan conditions established by an administrative regulation promulgated by the department. However, the term of a loan shall not exceed ten (10) years. 2. The department shall cause the veterans' personal loan program trust fund to lend a qualified veteran or deceased veteran's unremarried spouse not more than ten thousand dollars ($10,000), or a lesser amount established by an administrative regulation promulgated by the department, for: a. The purchase of a home, business, or business property; b. The education of the loan applicant or the loan applicant's spouse; c. The payment of family medical or funeral expenses; or d. The consolidation of debt. 3. The department shall cause the veterans' personal loan trust fund to lend a qualified child of a veteran or parent or guardian of that child not more than ten thousand dollars ($10,000), or a lesser amount established by an administrative regulation promulgated by the department, for the education of that child, who is under the age of twenty-seven (27), at a university, junior college, vocational training institute, or nonpublic school admitting children in preschool through grade twelve (12). (c) No person shall receive a loan under this section in an amount that, when added to the balance of the person's existing loan or loans under this section, would result in a total indebtedness to the veterans' personal loan program trust fund of more than ten thousand dollars ($10,000), or a lesser amount established by an administrative regulation promulgated by the department. (4) (a) The veterans' personal loan program trust fund shall: 1. Execute necessary instruments; and 2. Collect principal and interest. (b) The veterans' personal loan program trust fund may: 1. Compromise indebtedness; 2. Sue and be sued; 3. Post bonds; 4. Write off indebtedness that it considers uncollectible; 5. Exercise the rights of an owner and mortgagee if a loan provided under this section is secured by a real estate mortgage; 6. Charge to a loan applicant loan expenses incurred under this section; and 7. a. Receive state appropriations, gifts, grants, federal funds, and any other funds both public and private. b. Funds received, which are not necessary for the operation of the veterans' personal loan program trust fund, shall remain with the department to finance other department operations. (5) The department shall promulgate administrative regulations necessary to carry out the provisions of this section. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 108, sec. 1, effective July 12, 2006.

KRS 40.990 Penalties

40.990. Penalties (1) Any person who charges or collects or attempts to charge or collect, either directly or indirectly, any fee or other compensation for assisting in any manner a person seeking to obtain payment of a veterans' bonus shall be guilty of a misdemeanor and upon conviction thereof, shall be guilty of a Class B misdemeanor; but this provision is not intended to prohibit: (a) Collection by public officers of statutory fees for providing authenticated copies of public records; or (b) Collection by notaries public of not exceeding fifty cents ($0.50) for administering an oath and giving a certificate thereof; or (c) The giving of assistance or advice to claimants by any bona fide veterans' organization, civic organization, institution, public or private body, or person, through one (1) or more persons compensated from the funds of such organization, institution, or public or private body or person, if no fee or charge therefor is collected from the asserted claimant. (2) Whoever makes any false or fraudulent statement of a material fact in any application, affidavit, certificate, or document submitted or tendered for the purpose of obtaining payment of a veterans' bonus under this chapter shall be guilty of a Class D felony. (3) Any persons conspiring to obtain payment of a fraudulent claim for a veterans' bonus, or conspiring to defraud one (1) who receives payment or has a bona fide claim for payment of a veterans' bonus, shall be guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 4, effective July 14, 1992. -- Created 1960 Ky. Acts ch. 15, secs. 17, 18, and 19, effective February 20, 1960.

KRS 40.991 Penalties for violation of laws relating to bonus paid veterans defined in KRS 40.400

40.991. Penalties for violation of laws relating to bonus paid veterans defined in KRS 40.400 (1) Any person who charges or collects or attempts to charge or collect, either directly or indirectly, any fee or other compensation for assisting in any manner a person seeking to obtain payment of a bonus under KRS 40.410 to 40.560 shall be guilty of a Class B misdemeanor; but this provision is not intended to prohibit: (a) Collection by public officers of statutory fees for providing authenticated copies of public records; or (b) The giving of assistance or advice to claimants by any bona fide veterans' organization, civic organization, institution, public or private body, or person, through one (1) or more persons compensated from the funds of such organization, institution, or public or private body or person, if no fee or charge therefor is collected from the asserted claimant. (2) Whoever makes any false or fraudulent statement of a material fact in any application, affidavit, certificate, or document submitted or tendered for the purpose of obtaining payment of a bonus under KRS 40.410 to 40.560, shall be guilty of a Class D felony. (3) Any person conspiring to obtain payment of a fraudulent claim for a bonus under KRS 40.410 to 40.560, or conspiring to defraud one who receives payment or has a bona fide claim for payment of a bonus, shall be guilty of a Class D felony. (4) Any person convicted of any offense denounced in this section shall forfeit his right, if any, to receive any payment authorized by KRS 40.410 to 40.560. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 5, July 14, 1992. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, secs. 17-20.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37209Fetched: 10/20/2026