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STATE LIBRARIES -- LIBRARIANS -- STATE ARCHIVES AND RECORDS -- HISTORICAL AFFAIRS

KRS tit. XIV, ch. 171
in effect

KRS 171.010 Repealed, 1954

171.010. Repealed, 1954 Catchline at repeal: Organization of Department of Library and Archives; librarian. History: Repealed 1954 Ky. Acts ch. 42, sec. 11. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-129.

KRS 171.015 Repealed, 1976

171.015. Repealed, 1976 Catchline at repeal: State law library -- Board of trustees -- Librarian and assistants. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Created 1954 Ky. Acts ch. 42, sec. 1, effective July 1, 1954.

KRS 171.020 Repealed, 1954

171.020. Repealed, 1954 Catchline at repeal: Legislative and Law Library; assistant librarian in charge of. History: Repealed 1954 Ky. Acts ch. 42, sec. 11, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618- 131.

KRS 171.025 Repealed, 1976

171.025. Repealed, 1976 Catchline at repeal: Books comprising state law library. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Created 1954 Ky. Acts ch. 42, sec. 2, effective July 1, 1954.

KRS 171.027 Establishment of public library facilities construction fund -- Requirement that department report assistance awards to Interim Joint Committee on Appropriations and Revenue

171.027. Establishment of public library facilities construction fund -- Requirement that department report assistance awards to Interim Joint Committee on Appropriations and Revenue There is established a public library facilities construction fund to a ssist local libraries with debt service payments for new library facilities and library improvements. The Department for Libraries and Archives is authorized to enter into long -term written memoranda of agreement with local libraries or other governing bod ies to assist in debt service payments relating to library construction or renovation projects. The agreements shall specify the rights, duties, and obligations of both the local public library, or other governing body, and the department. The department s hall promulgate administrative regulations to establish the application process, criteria for selecting projects for assistance, a minimum level of local participation, and the process to be followed in the construction of facilities. The department shall report assistance awards to the Interim Joint Committee on Appropriations and Revenue within thirty (30) days of execution of any memorandum of agreement. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 504, sec. 2, effective July 14, 2000.

KRS 171.030 Repealed, 1954

171.030. Repealed, 1954 Catchline at repeal: Trustees of the Legislative and Law Library. History: Repealed 1954 Ky. Acts ch. 42, sec. 11, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2439-4.

KRS 171.035 Repealed, 1976

171.035. Repealed, 1976 Catchline at repeal: Preservation and distribution of Kentucky Reports -- Disposition of other books. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Amended 1968 Ky. Acts ch. 152, sec. 119. -- Created 1954 Ky. Acts ch. 42, sec. 3.

KRS 171.040 Repealed, 1954

171.040. Repealed, 1954 Catchline at repeal: Books in library. History: Repealed 1954 Ky. Acts ch. 42, sec. 11, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2446.

KRS 171.045 Repealed, 1976

171.045. Repealed, 1976 Catchline at repeal: Quarters for state law library. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Created 1954 Ky. Acts ch. 42, sec. 4, effective July 1, 1954.

KRS 171.050 Repealed, 1954

171.050. Repealed, 1954 Catchline at repeal: Duties of librarian. History: Repealed 1954 Ky. Acts ch. 42, sec. 11, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2444.

KRS 171.055 Repealed, 1976

171.055. Repealed, 1976 Catchline at repeal: Duties of librarian. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Created 1954 Ky. Acts ch. 42, sec. 5, effective July 1, 1954.

KRS 171.060 Repealed, 1954

171.060. Repealed, 1954 Catchline at repeal: Sale or exchange of books. History: Repealed 1954 Ky. Acts ch. 42, sec. 11, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2449.

KRS 171.065 Repealed, 1976

171.065. Repealed, 1976 Catchline at repeal: Sale, exchange or other disposal of books. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Created 1954 Ky. Acts ch. 42, sec. 6, effective July 1, 1954.

KRS 171.070 Repealed, 1976

171.070. Repealed, 1976 Catchline at repeal: Books, use and removal of. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Amended 1954 Ky. Acts ch. 42, sec. 7, effective July 1, 1954 -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2450, 2451.

KRS 171.080 Repealed, 1976

171.080. Repealed, 1976 Catchline at repeal: Recovery for books not returned and damaged property. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Amended 1954 Ky. Acts ch. 42, sec. 8, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2451, 2453-1.

KRS 171.090 Repealed, 1976

171.090. Repealed, 1976 Catchline at repeal: College libraries, librarian to furnish certain books. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Amended 1970 Ky. Acts ch. 92, sec. 31. -- Amended 1966 Ky. Acts ch. 255, sec. 156. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2450-1.

KRS 171.100 Repealed, 1976

171.100. Repealed, 1976 Catchline at repeal: Exchange of legislative acts. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Amended 1954 Ky. Acts ch. 42, sec. 9, effective July 1, 1954. -- Amended 1950 Ky. Acts ch. 156, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2457.

KRS 171.110 Repealed, 1976

171.110. Repealed, 1976 Catchline at repeal: Purchase and maintenance of books. History: Repealed 1976 Ky. Acts ch. 61, sec. 12. -- Amended 1954 Ky. Acts ch. 42, sec. 10, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2448.

KRS 171.120 Repealed, 1954

171.120. Repealed, 1954 Catchline at repeal: Expenditures of librarian; annual report. History: Repealed 1954 Ky. Acts ch. 42, sec. 11, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2452.

KRS 171.125 Definitions for KRS 171.130 to 171.306

171.125. Definitions for KRS 171.130 to 171.306 As used in KRS 171.130 to 171.306, unless the context requires otherwise: (1) "Department" means the Department for Libraries and Archives; (2) "Public library" means a library which is established as the countywide library system by any of the methods provided by KRS Chapter 173; and (3) "Library materials" means those print, audiovisual, graphic, cartographic, machine readable, and manuscript materials provided by a library for its users. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 62, sec. 1, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 74, Art. VIII, B, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 157. -- Created 1962 Ky. Acts ch. 106, Art. VIII, sec. 1.

KRS 171.130 Department for Libraries and Archives -- Commissioner

171.130. Department for Libraries and Archives -- Commissioner The Department for Libraries and Archives is established. The department shall be headed by a commissioner whose title shall be state librarian who shall be appointed by and serve at the pleasure of the Governor, and who shall have had technical training in the field of library science. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 381, sec. 6, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 127, effective July 15, 1980. -- Amended 1962 Ky. Acts ch. 106, Art. VIII, sec. 2. -- Created 1954 Ky. Acts ch. 41, sec. 1.

KRS 171.140 General powers and duties

171.140. General powers and duties (1) The department shall give assistance and advice to all state institutional and public libraries, and to all counties in the state which propose to establish public libraries, as to the best means of their establishment and operation and may send any of its members to aid in organizing such libraries or assist in the improvement of those already established. (2) It may receive gifts which may be used or held for the purpose given, and may purchase and operate traveling libraries under such conditions and rules as it thinks necessary to protect the interests of the state and best increase the efficiency of its service to the public. (3) The department may issue printed material, such as lists and circulars of information, and in the publication thereof may cooperate with other state library commissions and libraries, in order to secure the more economical administration of the work for which it was formed. It may provide for library educational opportunities in various parts of the state. (4) The department shall perform such other service in behalf of public libraries as it considers for the best interests of the state. (5) The department shall maintain a strong central collection of library materials in a variety of formats and assure access to those materials and to other information resources throughout the state and nation for the purposes of providing information and reference services to state government agencies and of supplementing the resources of local libraries. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 62, sec. 2, effective July 13, 1990. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438c- 4.

KRS 171.145 Authority to provide library services for qualified readers with disabilities

171.145. Authority to provide library services for qualified readers with disabilities For the benefit of qualified readers with disabilities of Kentucky, the Department for Libraries and Archives may make available books and other reading matter in Braille, talking books or any other medium of reading used by qualified readers with disabilities. To this end, the department is authorized to provide library services for qualified citizens with disabilities of the Commonwealth through contract, agreement or otherwise with the Library of Congress or any regional library thereof. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 405, sec. 33, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 74, Art. VIII, B, sec. 1. -- Created 1960 Ky. Acts ch. 58, sec. 1, effective June 16, 1960.

KRS 171.150 Power to accept money appropriated and granted

171.150. Power to accept money appropriated and granted The Department for Libraries and Archives may accept and administer any money appropriated or granted to it, in addition to appropriations to it out of the general fund, for providing, improving, and equalizing public library service, library service to state institutions, and cooperative systems of library service, including cooperative arrangements with public school, college, university, and special libraries in Kentucky, by the federal government or by the state or any other agencies. History: Amended 1970 Ky. Acts ch. 241, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-1.

KRS 171.160 State Treasurer to be trustee of funds -- Disbursements

171.160. State Treasurer to be trustee of funds -- Disbursements (1) The State Treasurer shall serve as trustee of funds apportioned to the state from any appropriations made by the federal government, the state or any other agency for providing and equalizing public library service in Kentucky. (2) The Finance and Administration Cabinet shall, on the requisition of the department, authorize the State Treasurer to make disbursement from such funds to such libraries, cities, towns and counties for library service as have been approved and authorized to participate in the benefit of these funds under the terms of the federal acts, and for the payment of salaries and other authorized expenses out of the fund provided by the federal government. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-2.

KRS 171.170 Department to cooperate with federal government

171.170. Department to cooperate with federal government The department shall cooperate, as required by the Acts of Congress providing federal grants to states for library service, with the United States Commissioner of Education in the administration of the provisions of such Acts, employ personnel and do all things necessary to entitle the State of Kentucky to receive the benefits thereof. Effective: October 1,1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-3.

KRS 171.180 Reports and audits by local libraries and state officials

171.180. Reports and audits by local libraries and state officials All libraries, cities, towns, counties and school districts participating in or benefiting by the provisions of the federal grant for library service or receiving any service from the department, shall make such reports and audits as are required to the State Treasurer, the department, and the United States Commissioner of Education. The State Treasurer and department shall make such reports and audits as may be required by the federal government and the United States Commissioner of Education in respect to the expenditure of federal grants and progress of library service. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-4.

KRS 171.190 Merit system of employment to be used

171.190. Merit system of employment to be used All appointments of personnel and the tenure thereof to the department and to such libraries, cities, towns, counties and school districts participating in or benefiting by the provisions of the federal grants for library service shall be based on merit without regard to political consideration. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-5.

KRS 171.200 Department to administer and maintain improved cooperative and integrated system of library service

171.200. Department to administer and maintain improved cooperative and integrated system of library service The Department for Libraries and Archives shall make and administer plans to lessen inequalities of opportunity for library service, for the maintenance of an improved cooperative and integrated system of library service throughout the state and for suitable cooperative arrangements between public library systems, school library systems, college and university libraries, special libraries, and other appropriate state agencies. The department may contract with, or provide grants to other public or private institutions or corporations for the purpose of fulfilling the intent of this statute subject to the provisions of KRS Chapters 45 and 45A. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 107, sec. 1, effective July 15, 1986. -- Amended 1970 Ky. Acts ch. 241, sec. 2. -- Amended 1966 Ky. Acts ch. 184, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-6.

KRS 171.201 Public library service appropriations -- Public library services improvement and equalization fund -- Purposes -- Restrictions -- Distribution formula

171.201. Public library service appropriations -- Public library services improvement and equalization fund -- Purposes -- Restrictions -- Distribution formula (1) For grants to public libraries for promoting, aiding, and equalizing public library service in Kentucky, there may be funds appropriated out of the general expenditure fund of the State Treasury. (2) In addition to any other funds appropriated to the Department for Libraries and Archives, there shall be appropriated annually to the department o ut of the general expenditure fund of the State Treasury an amount sufficient to provide the following assistance to local public libraries: (a) The department shall first distribute to each county public library system a foundation grant based upon the co unty population using the last official census as follows: 1. Counties with a population of twenty -two thousand (22,000) or less shall receive nine thousand dollars ($9,000); 2. Counties with a population between twenty-two thousand one (22,001) and forty-five thousand (45,000) shall receive eight thousand dollars ($8,000); and 3. Counties with a population over forty-five thousand (45,000) shall receive seven thousand dollars ($7,000); and (b) The department shall distribute the remaining funds appropriate d for this program to each county public library system, based on the county's share of the state population, at a rate of fifty-three cents ($0.53) per capita in fiscal year 1997-98 and seventy-three cents ($0.73) per capita in fiscal year 1998 -99 and each year thereafter to be used for the following purposes: 1. Purchase, upgrading, and maintenance of the technology necessary to enable the staff and the public to have access to electronic information; 2. Purchase of library materials and equipment; 3. Maintenance and operation of bookmobiles and extension programs; 4. Staff training and compensation; 5. Building maintenance; 6. Debt service; 7. Resource-sharing; 8. Program development; and 9. All other local library needs and services; and (c) For counties which do not have a public library, the department shall make the foundation grant and per capita distribution to a recognized library organization for the purpose of providing or establishing countywide public library service under existing departmental guidelines. (3) The appropriation necessary to fund the formula foundation grants and a seventy - three cents ($0.73) per capita distribution shall constitute the base for the agency's biennial budget request for this program. (4) (a) In addition to the foundation grants and per capita distribution to a local public library, there is hereby created within the Department for Libraries and Archives a public library services improvement and equalization fund to assure substantially equal public library services for all citizens of the Commonwealth. The creation of this fund is not intended to limit or prevent any public library from providing services and facilities beyond those assured by the state-supported program. (b) It is intended that the proceeds of the fund created under this subsection be used to: 1. Improve early childhood development; 2. Support lifelong learning opportunities; 3. Enhance economic development; 4. Enrich cultural resource opportunities for all Kentuckians; and 5. Expand adult education and adult literacy programs. (5) Expenditures from the fund created in subsection (4) of this section shall not be made unless those expenditures: (a) Comply with the categories of allowable costs in subsection (2)(b) of this section; and (b) Comply with the enterprise information technology architecture and standards developed by the Commonwealth when utilized for technology procurements. (6) (a) The fund created under subsection (4) of this section shall be distributed based on a formula using the per population assessment and equalization rate of two hundred percent (200%) of the poverty level per annual population assessment produced by the United States Bureau of Census. The exact formula and distribution of the fund shall be set forth in an administrative regulation promulgated by the Department for Libraries and Archives. (b) A local public library shall not be qualified to receive funds under subsection (4) of this section, if that library's regular annual appropriation in the current fiscal year is less than the appropriation received in the previous fiscal year. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 504, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 490, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 173, sec. 1, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 468, sec. 2, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 8, sec. 2. -- Amended 1972 Ky. Acts ch. 223, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 158. -- Created 1952 Ky. Acts ch. 114, secs. 1 and 5. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, D, 6, b, (1) at 2078.

KRS 171.202 Administration of fund

171.202. Administration of fund The state librarian shall administer the provisions of KRS 171.201 to 171.205. The secretary of the Finance and Administration Cabinet shall approve expenditures of funds under these sections. History: Amended 1962 Ky. Acts ch. 106, Art. VIII, sec. 3. -- Amended 1954 Ky. Acts ch. 41, sec. 2. -- Created 1952 Ky. Acts ch. 114, sec. 2.

KRS 171.203 Expenditure of funds

171.203. Expenditure of funds Any funds appropriated for the purpose of KRS 171.201 to 171.205 shall be expended for aiding in the establishment, extension and development of local public library services through the purchase, lease, or repair of library materials, equipment, furniture, buildings, or bookmobiles and for such other methods and services as will best accomplish the purpose. Funds shall be paid out by the State Treasurer on warrants drawn by the secretary of the Finance and Administration Cabinet on order of the state librarian. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 62, sec. 3, effective July 13, 1990. -- Amended 1970 Ky. Acts ch. 241, sec. 3. -- Amended 1964 Ky. Acts ch. 55, sec. 1. -- Amended 1962 Ky. Acts ch. 106, Art. VIII, sec. 4. -- Created 1952 Ky. Acts ch. 114, sec. 3.

KRS 171.204 Grants in aid to public libraries -- Acceptance of federal funds

171.204. Grants in aid to public libraries -- Acceptance of federal funds To the extent of funds available, grants may be made to qualifying public libraries based on formulas and regulations designed by the Department for Libraries and Archives or provided as special grants for an approved program. The Department for Libraries and Archives may provide partial grants or loans for constructing county or district library buildings or for improving libraries and library services of all types, through such methods and services as will best accomplish this purpose, and may accept federal funds for these purposes. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 62, sec. 4, effective July 13, 1990. --Amended 1970 Ky. Acts ch. 241, sec. 4. -- Amended 1964 Ky. Acts ch. 55, sec. 2. -- Amended 1962 Ky. Acts ch. 106, Art. VIII, sec. 5. -- Created 1952 Ky. Acts ch. 114, sec. 4.

KRS 171.205 Legislative intent declared

171.205. Legislative intent declared It is the intention of KRS 171.201 to 171.205 to add to the public library service given by local communities and not to relieve such communities of their responsibilities. Effective: June 19, 1952 History: Created 1952 Ky. Acts ch. 114, sec. 6, effective June 19, 1952.

KRS 171.210 Federal laws -- Department to give notice of acceptance of

171.210. Federal laws -- Department to give notice of acceptance of The department shall transmit to the United States Commissioner of Education official notice of acceptance of the provisions of Acts of Congress and legislative enactment pertaining to the matters specified herein. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-7.

KRS 171.215 Department to purchase textbooks for use by nonpublic school pupils in grades one through twelve

171.215. Department to purchase textbooks for use by nonpublic school pupils in grades one through twelve (1) The Department for Libraries and Archives shall purchase textbooks from publishers whose books have been adopted by the State Quality Curriculum Task Force under KRS 156.395 to 156.476 for distribution without cost to pupils attending grade one (1) through grade twelve (12) of the state's nonpublic schools which have been accredited by the State Department of Education. (2) The chief school administrator of each eligible school may file a requisition with the state librarian for the books needed for the next ensuing school term. Textbooks eligible for distribution by grade level or subject shall conform to the schedule in use by the Kentucky Board of Education for distribution to the public schools. (3) The state librarian shall develop rules and regulations governing the purchase, requisition, distribution, assignment to students, care, use and return of textbooks, and a plan for permanently labeling the textbooks as the property of the Department for Libraries and Archives. The rules and regulations shall provide for the allocation of textbooks in a manner reflecting, and not to exceed the expressly limited appropriation to fund the allocation. The rules and regulations shall be developed in consultation with the Department of Education and shall conform, within statutory limits, to the rules and regulations already established by the Kentucky Board of Education. (4) All textbooks purchased under the provisions of this section are the property of the state. Each school administrator obtaining books through the Department for Libraries and Archives is custodian of the books in his school. He shall issue the books to the students according to the rules and regulations formulated by the state librarian. (5) Funds appropriated by the General Assembly to the Department for Libraries and Archives for this purpose shall not be expended for any textbooks which present a particular religious philosophy and shall not be considered as or commingled with common school funds and shall be allocated each year to the nonpublic school students as provided by rule and regulation of the Department for Libraries and Archives to the extent allowed by the appropriation provided in 1978 Ky. Acts ch. 139, sec. 2. Effective: July 1, 2026 History: Amended 2025 Ky. Acts ch. 113, sec. 27, effective July 1, 2026. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Created 1978 Ky. Acts ch. 139, sec. 1, effective June 17, 1978.

KRS 171.220 Contracts with government agencies for establishing local library service

171.220. Contracts with government agencies for establishing local library service The department may enter into contracts with any local, state or federal governmental agency or authority for the purpose of enabling the establishment and maintenance of a local public library service. The contracting parties may establish such districts or units of library service as they may mutually agree upon. The library service within such districts shall be carried on according to plans approved by the state librarian. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2438d-8.

KRS 171.221 Cooperative library services with other states

171.221. Cooperative library services with other states The Department for Libraries and Archives is empowered to enter into an agreement with any state for the purpose of providing cooperative library services. History: Amended 1974 Ky. Acts ch. 74, Art. VIII, B, sec. 1. -- Created 1974 Ky. Acts ch. 8, sec. 3.

KRS 171.223 Delivery to Attorney General of written information concerning retention and management of public records

171.223. Delivery to Attorney General of written information concerning retention and management of public records The Department for Libraries and Archives shall, within sixty (60) days of June 20, 2005, and thereafter, within sixty (60) days of the effective date of any legislation amending the provisions of the Open Meetings Act, KRS 61.805 to 61.850, or the Open Records Act, KRS 61.870 to 61.884, deliver to the Office of the Attorney General written information that explains proper retention and management of public records, which information shall be included in the Office of the Attorney General's distributions as specified in KRS 15.257. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 45, sec. 2, effective June 20, 2005.

KRS 171.228 Imagination Library of Kentucky Program -- Establishment -- Purpose -- Administration -- Trust fund

171.228. Imagination Library of Kentucky Program -- Establishment -- Purpose -- Administration -- Trust fund (1) The Imagination Library of Kentucky Program is hereby established. The purpose of the program shall be to promote the development of a comprehensive statewide initiative for encouraging preschool children to develop a love of reading and learning. For purposes of this section, "state program" means the Imagination Library of Kentucky Program. (2) State program funds shall be used to provide, through Dolly Parton's Imagination Library, one (1) age-appropriate book to each registered child from birth to age five (5) in participating counties. Books shall be sent monthly to each child's home at no cost to families. The state program shall contribute the fifty percent (50%) match of the funds, if available, required of local programs participating in Dolly Parton's Imagination Library. (3) The Department for Libraries and Archives shall administer the state program, including but not limited to: (a) Promoting the statewide development of county-level Dolly Parton's Imagination Library programs; (b) Advancing and strengthening local Dolly Parton's Imagination Library programs with the goal of increasing family enrollment in those programs; (c) Recruiting volunteers to assist in the development, promotion, and coordination of the state program; (d) Soliciting donations, gifts, and other funding to financially support the local Dolly Parton's Imagination Library programs; (e) Developing community engagement; (f) Administering the state and local programs' dollar matching requirements; (g) Coordinating the collection and remittance of local program costs for books and mailing; and (h) Developing statewide marketing and communication plans. (4) (a) The Imagination Library of Kentucky Program trust fund is hereby created as a trust fund in the State Treasury to be administered by the Department for Libraries and Archives for the purposes set forth in this section. (b) The trust fund shall consist of state general fund appropriations, gifts and grants from public and private sources, and federal funds. All moneys included in the fund shall be appropriated for the purposes set forth in this section. (c) Any unallotted or unencumbered balances in the trust fund shall be invested as provided in KRS 42.500(9). Income earned from the investments shall be credited to the trust fund. (d) Notwithstanding KRS 45.229, any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year and continuously appropriated only for the purposes specified in this section. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 95, sec. 1, effective July 14, 2022.

KRS 171.230 Application of KRS 171.240 to 171.306

171.230. Application of KRS 171.240 to 171.306 The provisions of KRS 171.240 to 171.306 shall apply to public libraries as defined in KRS 171.125. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 65, sec. 4, effective June 26, 2007. -- Amended 1990 Ky. Acts ch. 62, sec. 5, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 223, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-130f.

KRS 171.240 Board for certification of librarians

171.240. Board for certification of librarians (1) In the Department for Libraries and Archives there shall be a state board for the certification of librarians, composed of the state librarian and five (5) members appointed by the Governor from a list submitted by the board of directors of the Kentucky Library Association. Two (2) members shall be full-time professional librarians in active public library work, two (2) shall be public library trustees and one (1) shall be a professional librarian from a department or school of library science in a state university. (2) The term of office of each appointive member shall be four (4) years. The first appointive member of the board shall be appointed for terms beginning July 1, 1938; one (1) for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; and two (2) for terms of four (4) years. Vacancies shall be filled by appointment for the unexpired terms in the same manner as original appointments are made. The members shall receive reimbursement for actual and necessary expenses incurred in attending meetings. (3) The board shall hold at least one (1) meeting each year at a time fixed by the board, and such special meetings as may be determined by the board. A chairman and secretary shall be elected at each annual meeting to serve during the ensuing year. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 288, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 381, sec. 7, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 154, sec. 12, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VIII, B, sec. 1. -- Amended 1972 Ky. Acts ch. 223, sec. 3. -- Amended 1966 Ky. Acts ch. 82, sec. 1. -- Amended 1954 Ky. Acts ch. 41, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-130b.

KRS 171.250 Certificates of librarianship -- To whom granted

171.250. Certificates of librarianship -- To whom granted (1) The board shall grant certificates of librarianship to applicants who are graduates of library schools approved by the board and shall grant certificates to other applicants when it has satisfied itself that the applicant is qualified for library work. Applicants shall provide such information as required by the board to determine their qualifications. (2) The board may issue renewals, determine the positions for which certificates of librarianship shall be required, and adopt rules and regulations for its own government and for carrying out the purposes of KRS 171.230 to 171.306. (3) The board may issue certificates to qualified persons who are serving in libraries not supported from public funds. (4) Librarians who were in service on May 31, 1938, and served one (1) year prior to such date shall be entitled to receive a life certificate in accordance with their qualifications, without examination, upon the payment of prescribed fee. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 65, sec. 5, effective June 26, 2007. -- Amended 1990 Ky. Acts ch. 62, sec. 6, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 223, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4618-130c, 4618-130d, 4618-130g.

KRS 171.260 Certificate required

171.260. Certificate required No library coming under the provisions of KRS 171.230 to 171.306 shall have in its employ, in the position of librarian, or in any other full-time library service position, a person who does not hold an appropriate certificate of librarianship issued by the board. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 65, sec. 6, effective June 26, 2007. -- Amended 1990 Ky. Acts ch. 62, sec. 7, effective July 13,1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-130e.

KRS 171.270 Fee for certificate

171.270. Fee for certificate The board shall require a fee of not less than five dollars ($5) nor more than twenty dollars ($20) to be paid by each applicant for a librarian's certificate. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 65, sec. 1, effective June 26, 2007. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618- 130h.

KRS 171.280 Librarian's certification fund

171.280. Librarian's certification fund The revolving fund established by the branch budget bill, consisting of all moneys collected under the provisions of KRS 171.230 to 171.306 shall be designated as the librarian's certification fund. All money credited to the fund shall be used for the support of the Board for Certification of Librarians, and for the purposes of KRS 171.230 to 171.306. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 65, sec. 2, effective June 26, 2007. -- Amended 1990 Ky. Acts ch. 507, sec. 23, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 450, sec. 73, effective July 1, 1983. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-130j.

KRS 171.290 Revocation of certificates -- Notice

171.290. Revocation of certificates -- Notice In a proceeding to revoke a certificate of librarianship under the provisions of KRS 171.990(2), written notice of the proposed action shall be delivered in person, or forwarded by certified mail, return receipt requested, to the holder of the certificate at his last known post-office address, stating the cause for the contemplated action together with a copy of the charges and appointing a time and a place for the hearing by the board. The hearing shall be conducted in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 57, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 28, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 20. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-130k.

KRS 171.300 Hearings to reconsider applications

171.300. Hearings to reconsider applications The board shall grant hearings, to be conducted in accordance with KRS Chapter 13B, for the purposes of reconsidering applications and awards if the applicant files with the board, within twenty (20) days of issuance of or refusal to issue a certificate, a petition for a hearing. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 58, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-130L.

KRS 171.303 Library science scholarships -- Library Science Scholarship Fund Advisory Committee

171.303. Library science scholarships -- Library Science Scholarship Fund Advisory Committee (1) There is hereby established a Library Science Scholarship Fund. (2) The state librarian may grant scholarships for study in library science at an institution within the Commonwealth which is accredited by the American Library Association, the National Council for the Accreditation of Teacher Education or the appropriate regional postsecondary education accrediting organization. Scholarships may also be granted for study in an accredited library education program offered via distant learning technologies. Students applying for library education programs at institutions outside the Commonwealth that are likewise accredited may apply for assistance under this program if they agree to work in a library or archival services program within the Commonwealth upon their graduation in accordance with KRS 171.306. (3) The state librarian shall establish a Library Science Scholarship Fund Advisory Committee that will receive and consider all applications for scholarships for study in library science and shall advise the state librarian on the awarding of scholarships according to criteria they establish for this purpose. (4) The department is authorized to receive money from any state, federal, private or other legal funding source approved by the appropriate state agency for scholarship purposes, and the amounts of individual scholarships shall be determined by the state librarian on the advice of the Library Science Scholarship Fund Advisory Committee, which shall set criteria for the assistance. Money designated for this fund shall be held in a restricted account and shall not lapse to the general fund. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 131, sec. 1, effective June 24, 2003. -- Amended 1966 Ky. Acts ch. 81, sec. 1. -- Created 1962 Ky. Acts ch. 106, Art. VIII, sec. 6.

KRS 171.306 Obligations of library science scholarship recipient

171.306. Obligations of library science scholarship recipient (1) To be eligible for a scholarship, an applicant shall contract in writing with the state librarian that he or she will graduate in an agreed to period of time and within six (6) months from the date of completing the program of study, accept employment with a library or archival services program approved by the state librarian for a period of at least two (2) years. The recipient shall agree to the terms of employment established by the employing library or archival services program. (2) If the recipient of a scholarship fails to fulfill the obligations agreed to under the contract for a scholarship the entire amount of scholarship benefits received shall become immediately due and payable to the Library Science Scholarship Fund. Repayment of benefits received under this program shall be due in a lump sum or through a payment schedule determined by the state librarian on the advice of the Library Science Scholarship Fund Advisory Committee, and in accordance with current interest rates applicable to similar debts collected by other financial assistance entities. (3) Upon recommendation of the state librarian, the Attorney General shall institute proceedings for the purpose of recovering any amount due the Commonwealth under the provisions of this section. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 131, sec. 2, effective June 24, 2003. -- Amended 1970 Ky. Acts ch. 241, sec. 5. -- Created 1962 Ky. Acts ch. 106, Art. VIII, sec. 7.

KRS 171.310 Repealed, 1960

171.310. Repealed, 1960 Catchline at repeal: Kentucky Historical Society. History: Repealed 1960 Ky. Acts ch. 169, sec. 2. -- Codified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from 1880 Ky. Acts ch. 244, secs. 1 to 7, which were never compiled in Carroll's Statutes.

KRS 171.311 Kentucky Historical Society

171.311. Kentucky Historical Society The Kentucky Historical Society created by Acts 1880, ch. 244, shall have all the powers and liabilities of a corporation and there is hereby granted to the society the following charter: I The Kentucky Historical Society shall educate and engage the public through Kentucky history in order to confront the issues of the future. To that end, the society shall collect, maintain, and preserve authentic records, information, and artifacts connected with the history of the Commonwealth and the genealogy of her peoples; and promote a wider appreciation of the American heritage, with particular emphasis on the advancement and dissemination of knowledge of the history of Kentucky. The society may receive and hold by donation or devise, real or personal property to any extent and may, by gift, loan, purchase, or otherwise hold books, papers, documents, historical memorials, and any other articles suited to promote the objects of the society in the Thomas D. Clark Center for Kentucky History, the Old State Capitol Building, or the Kentucky Military History Museum, but all such property shall be held in trust for the Commonwealth of Kentucky according to the terms of acceptance. II All persons, partnerships, corporations, or associations who shall evidence their dedication to the promotion of the objects and purposes of the society may become active members thereof upon their approval under regulations prescribed by the governing board and the payment of annual dues in a sum determined by the governing board. The governing board may determine classes of memberships and establish respective rates of dues. Every member in good standing, including the authorized representative of an institutional member, shall have the right to vote in person or by proxy, hold office, and otherwise take part in the proceedings of the society. Membership may be terminated by resignation or nonpayment of dues. III The officers of the society shall be a chancellor, who shall be the Governor of the Commonwealth of Kentucky, a president, first, second, and third vice presidents, who shall be ex officio members of the governing board. All officers, except the chancellor, shall be elected for a term of one (1) year at the annual meeting of the society in a manner provided by law, and the president shall be ineligible to succeed himself if he has been elected for two (2) successive terms. IV There is hereby created a governing board which shall consist of sixteen (16) members, the officers of the society, and one (1) person designated annually by the State Archives and Records Commission. The sixteen (16) members of the governing board shall be divided into four (4) equal classes, so arranged that the terms of one (1) class shall expire at each annual meeting of the society. The class whose term expires shall be ineligible to succeed itself. V The governing board shall execute all the powers and duties conferred on the society, except those expressly delegated to the officers. It shall adopt bylaws at any regular or special meeting. It shall supervise and direct the financial concerns of the society, approve an annual budget and provide for and fix the salaries of employees, subject to the approval of the Personnel Cabinet. It shall provide for reimbursement of travel expenses of employees and may provide for reimbursement of expenses of officers and members of the governing board incurred in performing specific duties assigned to them. It shall appoint an executive director, who shall be the operating management officer of the society under the direction of the president and policies established by the governing board, and a deputy director, who shall assume the duties of the executive director in his absence and perform such other duties as may be assigned to him by the executive director. It shall establish and prescribe the duties of such other positions as are necessary to operate the society, and all persons engaged to fill such positions shall be employed by the executive director, subject to the approval of the governing board, which approval shall constitute exemption from KRS 18A.005 to 18A.200, and their work shall be under the executive director's supervision. The governing board shall provide for the publication or preservation of historical documents and manuscripts; publish, including by electronic means, an edition to be known as the "Register"; provide by contract, subject to the approval of the Finance and Administration Cabinet, for all the printing, publication, and distribution of, including by electronic means, reports, books, and other publications calculated to promote and advance the historical interest of Kentucky and augment the society's various collections at all times. It shall supervise and direct the ordinary affairs of the society; appoint a nominating committee; and determine other necessary committees of which the president and the executive director of the society shall be ex officio members. The governing board shall cooperate with, provide assistance to, and coordinate its functions with those of the state Archives and Records Commission. It may designate honorary members of the society and it shall have the power to fill any vacancies until the next annual meeting, including those occurring within its own membership. VI The governing board shall hold regular meetings in January, April, July, and October. Matters to be determined and discussed at meetings shall be furnished to the executive director at least ten (10) days prior to meetings in order that he may prepare and distribute an agenda to each member of the governing board at least three (3) days before the meeting. Special meetings shall be held at the request of the president or any three (3) members of the governing board, in which case the executive director shall give written notice together with the agenda of the meeting at least ten (10) days in advance. In an emergency, nine (9) members of the committee may waive the provision of notice. VII The regular annual meeting of the society shall be held on the first Friday after the first Monday in November. The meeting shall be open to all members. Special meetings may be called in Frankfort or elsewhere by the president or a majority of the governing board or by the executive director upon the written request of twenty (20) members of the society. Members shall have fifteen (15) days written notice of the time, place, and subject of the meeting. VIII Twenty-five (25) members shall constitute a quorum for the transaction of all business at any meeting of the society, and one-third (1/3) of the membership of the governing board shall constitute a quorum at their respective meetings. IX The Chancellor of the Society, at his discretion, may preside at any meeting of the society or the governing board, or he may participate otherwise in any meetings. X The president of the society shall be the chief executive officer of the society and shall preside over meetings of the society or the governing board in the absence of the chancellor or at his request. He shall recommend the appointment of all necessary or desirable committees and he shall name persons to comprise committees, except the nominating committee. XI The vice presidents of the society shall preside in the absence of their successive superiors in office at all meetings of the society and the governing board. They shall attend all regular and special meetings of the society and the governing board and endeavor to familiarize themselves with the conduct and operations of the affairs of the society. They shall aid and assist the president in the performance of his duties, counsel and advise the governing board, and endeavor at all times to advance and promote the public interest in the history of Kentucky and its people. XII Nominations to membership on the governing board and to the offices of president, first vice president, second vice president, and third vice president shall be made by a nominating committee or by any member present at the regular annual meeting. The nominating committee shall consist of five (5) members, shall be appointed at the first regular meeting of the governing board after the annual meeting of the society and shall consider candidates to fill vacancies in the governing board and offices which will occur at the subsequent annual meeting. The nominating committee shall meet forty-five (45) days prior to the annual meeting and nominate candidates to fill vacancies on the governing board and at least one (1) candidate for the office of president, first vice president, second vice president, and third vice president, and file same with the president. Upon the call for the election of officers, the president shall promptly report the nomination by the nominating committee together with all other nominations. When more than the required number of candidates have been nominated for membership on the governing board or more than one (1) candidate for the offices to be filled, the president shall call for an election by the vote of those present, together with the number of votes cast by proxy, and a plurality of all votes cast shall be sufficient to elect. Where no vote count is required, the president shall cast one (1) vote for each candidate and he or she shall be declared elected. XIII This charter may be amended by a two-thirds (2/3) vote of the members present and voting at any regular meeting or at any special meeting of the society called for the purpose, provided that written notice containing the substance of the proposed amendments shall have been distributed by mail or electronically to members not less than thirty (30) days in advance of such meeting and the same approved as an amendment by the first General Assembly, meeting after the action of the society. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 69, sec. 1, effective June 24, 2015. -- Amended 1998 Ky. Acts ch. 154, sec. 82, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 448, sec. 69, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 128, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 34, sec. 1. -- Amended 1962 Ky. Acts ch. 143, sec. 1. -- Created 1960 Ky. Acts ch. 169, sec. 1.

KRS 171.312 Divisions of society -- Division directors

171.312. Divisions of society -- Division directors In order to better facilitate the operation and management, the Kentucky Historical Society shall be organized into four (4) separate divisions. These divisions shall include: Research and Publications; Oral History and Educational Outreach; Administration; and Museums. The divisions shall be headed by a director appointed by the governing board of the Kentucky Historical Society of the Tourism, Arts and Heritage Cabinet pursuant to KRS 171.311. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 69, sec. 5, effective June 24, 2015. -- Amended 2009 Ky. Acts ch. 16, sec. 43, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 108, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 209, sec. 5, effective July 15, 1994. – Created 1992 Ky. Acts ch. 15, sec. 1, effective July 14, 1992.

KRS 171.313 Duties as to information concerning Kentucky family cemeteries and as to gravesites of historically significant people -- Administrative regulations

171.313. Duties as to information concerning Kentucky family cemeteries and as to gravesites of historically significant people -- Administrative regulations In addition to the responsibilities set forth in KRS 171.311, the Kentucky Historical Society shall: (1) Collect, maintain, preserve, categorize, and cause to be published necessary information concerning Kentucky family cemeteries; (2) Undertake a systematic program which will restore and maintain the gravesites of any of the following historically significant people who are buried within this Commonwealth: (a) Past Governors of the Commonwealth and their spouses; (b) The three (3) former Vice Presidents of the United States from the Commonwealth: Richard M. Johnson; John C. Breckinridge; and Alben W. Barkley; and (c) The "First Pioneers," who were the original members in the first settlements at either Boonesboro, Harrodsburg, or Stanford in 1774-1775; and (3) Promulgate administrative regulations necessary to carry out the purposes of this section. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 78, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 156, sec. 1, effective July 15, 1996. -- Created 1976 Ky. Acts ch. 198, sec. 1.

KRS 171.315 Headquarters of society -- Priority for maintenance

171.315. Headquarters of society -- Priority for maintenance (1) The headquarters of the Kentucky Historical Society shall be located in the Thomas D. Clark Center for Kentucky History, and the society shall control in all respects the manner in which the grounds surrounding the center, the building, and the space therein, shall be used. The society shall exercise the same control over the Old State Capitol Building, and the society shall use the Old State Capitol Building for purposes of the society as it shall deem necessary and proper. The grounds around the Old State Capitol Building and its annex, the grounds being now bounded by Broadway, Clinton, and Lewis Streets, and adjoining the federal property occupied by the John C. Watts Building, shall be subject to the control of the society and be used by the society, for purposes of the society as it shall deem necessary and proper. Major alterations or other changes concerning the building, annex, or grounds shall be made under the authority of the governing board of the Kentucky Historical Society and under the general supervision of the executive director who shall determine the nature and extent of any work to be done so as to protect the architectural integrity of the original structures. The maintenance and security of the building, annex, and grounds shall be the responsibility of the Finance and Administration Cabinet and shall be of highest priority among the other responsibilities of the state for capital construction, maintenance, or security. At the direction of the governing board, the executive director of the society may request the Finance and Administration Cabinet to perform, or cause to be performed, any work he deems necessary for the proper preservation and protection of the properties. The work shall either be undertaken within no less than sixty (60) days from the date of notification to the Finance and Administration Cabinet, or the secretary of the cabinet shall show cause, in writing, to the governing board and the executive director why such work was not undertaken. (2) No part of, or interest in, the real property hereinabove specified shall be leased, sold, or otherwise disposed of under any circumstances. The real property, including the building interiors, shall be maintained and preserved in a manner consistent with the best interests of the Commonwealth. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 69, sec. 6, effective June 24, 2015. -- Amended 1978 Ky. Acts ch. 361, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1). -- Amended 1968 Ky. Acts ch. 186, sec. 1. -- Created 1954 Ky. Acts ch. 40, sec. 1.

KRS 171.320 Repealed, 1954

171.320. Repealed, 1954 Catchline at repeal: Payment of money to society, conditions of. History: Repealed 1954 Ky. Acts ch. 40, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-132.

KRS 171.321 Receipts by society from nongovernmental sources -- Audit of fund

171.321. Receipts by society from nongovernmental sources -- Audit of fund (1) Receipts by the Kentucky Historical Society of gifts, bequests, and devises from private persons, corporations, and other nongovernmental entities shall be held, deposited, invested, and used by the Kentucky Historical Society under the direction of its governing board and shall be exempt from the requirements of KRS 41.070. Such receipts shall be deemed to include gifts, bequests, and devises heretofore made to the society and separately accounted for by the society under the names of donors as well as gifts, bequests, and devises received after July 13, 1984, and shall also include payments to the Boone day fund and to the Kentucky junior historical society fund, neither of which shall accept any governmental appropriations or grants. (2) Funds held by the Kentucky Historical Society as provided in this section shall be audited by an independent certified public accounting firm, at least once each fiscal year, at the expense of the society, which shall be paid for from the fund being audited unless otherwise provided for. A copy of the audit shall be forwarded promptly to the Governor as chancellor of the society, who shall file it with the Secretary of State. (3) This section shall not exclude the society from the requirements of KRS 41.070 with respect to any funds received by it which are appropriated from the State Treasury, or received by the society other than as a gift, bequest, devise, or contribution enumerated in subsection (1) of this section or derogate from the status of the society as an independent agency of the Commonwealth otherwise subject to all requirements of state law applicable to such agencies. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 69, sec. 7, effective June 24, 2015. -- Created 1984 Ky. Acts ch. 242, sec. 1, effective July 13, 1984.

KRS 171.325 Local history trust fund -- Purpose -- Application, qualification, and approval standards -- Administrative regulations

171.325. Local history trust fund -- Purpose -- Application, qualification, and approval standards -- Administrative regulations (1) The local history trust fund is created as a separate trust fund. The fund shall consist of moneys collected from the income tax checkoff created under KRS 141.441 and any other proceeds from grants, contributions, appropriations, or other moneys made available for the purposes of the trust fund. (2) Trust fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (3) Any interest earnings of the trust fund shall become a part of the trust fund and shall not lapse. (4) Trust fund moneys shall be used to support local history through grants made to local history organizations in Kentucky. Funds shall be administered and distributed by the Kentucky Historical Society for the purposes directed in this section. (5) Moneys transferred to the trust fund pursuant to KRS 141.441 are hereby appropriated for the purposes set forth in this section. (6) The Kentucky Historical Society shall develop standards for qualifying applicants, and for applying and approving grants from the trust fund, and may promulgate administrative regulations as needed to implement this section. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 102, sec. 14, effective July 15, 2014.

KRS 171.330 Repealed, 1960

171.330. Repealed, 1960 Catchline at repeal: Expenses; salaries; publication of magazine. History: Repealed 1960 Ky. Acts ch. 169, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290a-1.

KRS 171.340 Old books and documents -- Governor and fiscal courts may authorize delivery to society

171.340. Old books and documents -- Governor and fiscal courts may authorize delivery to society (1) The Governor may assign to the Kentucky Historical Society for safekeeping any articles of historical interest belonging to the state. (2) The county officers may turn over to the Kentucky Historical Society old books or documents in their offices suitable for preservation as archives of the state but no longer of use or value to the counties, in order that they may be properly preserved for future generations. No books or documents of any county shall be turned over to the society except upon the order of the fiscal court of the county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2290a-2.

KRS 171.345 Kentucky Military History Museum -- Duties of Kentucky Historical Society and Department of Military Affairs -- Location -- Advisory committees

171.345. Kentucky Military History Museum -- Duties of Kentucky Historical Society and Department of Military Affairs -- Location -- Advisory committees (1) There is established the Kentucky Military History Museum which shall be housed in the State Arsenal, and shall serve as repository of objects relating to the Commonwealth's military history. (2) The Kentucky Historical Society and its staff shall maintain the museum, receive, store and catalogue all military historical items, and exercise fiduciary responsibility in the preservation and maintenance of the State Arsenal and all objects placed or loaned for display therein. (3) The Department of Military Affairs and the adjutant general shall provide the State Arsenal as the museum facility, shall maintain and operate the building and grounds, and shall cooperate in contributing items of military history for display within the museum. (4) The Military History Museum shall be attached to the Kentucky Historical Society for administrative and other purposes. (5) The Kentucky Historical Society may empanel such advisory committees as it determines to be necessary to assist in the administration of the Military History Museum. Members of such committees shall serve as needed without compensation or reimbursement. (6) The Kentucky Historical Society may promulgate administrative regulations as necessary for the operation of the Military History Museum. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 92, sec. 1, effective June 27, 2019. -- Amended 2015 Ky. Acts ch. 69, sec. 8, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 85, sec. 1, effective July 15, 2014. -- Amended 2004 Ky. Acts ch. 29, sec. 1, effective December 1, 2005. -- Created 1980 Ky. Acts ch. 295, sec. 43, effective July 15, 1980.

KRS 171.347 Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission -- Membership

171.347. Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission -- Membership There is created the Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission, which shall be attached to the Kentucky Historical Society for administrative purposes. The commission shall be composed of twenty (20) members, as follows: (1) Two (2) members of the House of Representatives, appointed by the Speaker of the House; (2) Two (2) members of the Senate, appointed by the President of the Senate; (3) The secretary of the Education and Labor Cabinet, or his or her designee; (4) One (1) member from the Tourism, Arts and Heritage Cabinet, appointed by the secretary of that cabinet; (5) One (1) member from the Kentucky Historical Society, appointed by the executive director of that agency; (6) One (1) member from the Kentucky Heritage Council, appointed by the executive director of that agency; (7) One (1) member from the Kentucky African-American Heritage Commission, appointed by the head of that agency; (8) One (1) member from the Kentucky Humanities Council, appointed by the executive director of that agency; (9) One (1) member from the Abraham Lincoln Bicentennial Commission established by the United States Congress, appointed by the concurrence of the chairs of that agency; (10) The Larue County judge/executive, or his or her designee; (11) One (1) member from the Abraham Lincoln Birthplace, appointed by the superintendent of that national historic site; (12) One (1) member from the Lincoln Museum in Hodgenville, appointed by the president of that agency; (13) One (1) member from the Mary Todd Lincoln House in Lexington, appointed by the head of that agency; (14) One (1) member from the Farmington Historic Home museum in Louisville, appointed by the head of that agency; and (15) Four (4) citizen members from the state at large with a demonstrated interest in history and substantial knowledge and appreciation of Abraham Lincoln, appointed by the Governor. The chair of the commission shall be elected from among the membership by the commission members. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 89, effective July 1, 2022. -- Amended 2015 Ky. Acts ch. 69, sec. 9, effective June 24, 2015. -- Amended 2009 Ky. Acts ch. 11, sec. 55, effective June 25, 2009; and ch. 16, sec. 44, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 109, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 96, sec. 1, effective June 20, 2005.

KRS 171.348 Duties of Kentucky Abraham Lincoln Bicentennial Commission

171.348. Duties of Kentucky Abraham Lincoln Bicentennial Commission The Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission shall: (1) Study and recommend activities that may be carried out by the Commonwealth of Kentucky to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth; (2) Educate Kentucky residents and the nation about the life of Abraham Lincoln during the years he resided in and visited the state in which he was born; (3) Assist local governments and organizations with planning, preparation, and grant applications for bicentennial events and projects; (4) Coordinate federal, state, and local bicentennial activities occurring in Kentucky; (5) Plan and implement appropriate events, including celebrations and educational initiatives, to commemorate the bicentennial; (6) Perform other duties as necessary to highlight Kentucky's role in the life of Abraham Lincoln; and (7) Seek federal grants and philanthropic support for bicentennial activities. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 96, sec. 2, effective June 20, 2005.

KRS 171.349 Commission to expire on June 30, 2010

171.349. Commission to expire on June 30, 2010 The Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission shall expire on June 30, 2010. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 96, sec. 3, effective June 20, 2005.

KRS 171.350 Repealed, 1958

171.350. Repealed, 1958 Catchline at repeal: Depository libraries for reports and publications of state agencies. History: Repealed 1958 Ky. Acts ch. 49, sec. 35. -- Amended 1954 Ky. Acts ch. 42, sec. 23, effective July 1, 1954. -- Created 1950 Ky. Acts ch. 44, secs. 1 and 2.

KRS 171.360 Repealed, 1958

171.360. Repealed, 1958 Catchline at repeal: Supplying reports and publications to central depository; distribution to college, university and other depository libraries. History: Repealed 1958 Ky. Acts ch. 49, sec. 35. -- Amended 1954 Ky. Acts ch. 42, sec. 24, effective July 1, 1954. -- Created 1950 Ky. Acts ch. 44, sec. 3.

KRS 171.370 Repealed, 1958

171.370. Repealed, 1958 Catchline at repeal: Lists of reports and publications. History: Repealed 1958 Ky. Acts ch. 49, sec. 35. -- Amended 1954 Ky. Acts ch. 42, sec. 25, effective July 1, 1954. -- Created 1950 Ky. Acts ch. 44, sec. 4.

KRS 171.380 Repealed, 1958

171.380. Repealed, 1958 Catchline at repeal: Statutory limitations on number of copies published not applicable. History: Repealed 1958 Ky. Acts ch. 49, sec. 35. -- Created 1950 Ky. Acts ch. 44, sec. 5.

KRS 171.381 Duties and functions of council -- Duties of state historic preservation officer

171.381. Duties and functions of council -- Duties of state historic preservation officer (1) The Kentucky Heritage Council shall be dedicated to the preservation and protection of all meaningful vestiges of Kentucky's heritage for succeeding generations, and in pursuit of this dedication it shall engage in and concern itself with worthy projects and other matters related to the conservation and continuing recognition of buildings, structures, sites, and other landmarks associated with the archaeological, cultural, economic, military, natural, political, or social aspects of Kentucky's history. (2) The duties and functions of the council shall be to: (a) Review and recommend appropriate projects and programs to insure the proper recognition, preservation, and protection of matters related to Kentucky's heritage, particularly those in the nature of or associated with real property; (b) Advise, consult, and cooperate generally with state, local, and national officials and agencies to accomplish the purposes to which the council is dedicated, and specifically with the Kentucky Department of Parks and Historical Society in matters of common concern; (c) Encourage, promote, and coordinate historic preservation programs being conducted in Kentucky by other agencies or groups, public and private; (d) Prepare and maintain an inventory or survey of Kentucky's resource of historic buildings, sites, structures, and other landmarks, and list in an official roll those landmarks which possess statewide or national significance; and (e) Conduct a survey and maintain a catalog of Kentucky's historic drylaid and historic mortared rock fences as defined in KRS 171.391. (3) The council may: (a) Accept grants or other funds or property from any available source, public or private; (b) Employ, with the approval of the Governor, staff as may be necessary. Any member of the staff shall be entitled to compensation under KRS Chapter 18A, and may be reimbursed for necessary and actual expenses in accordance with the provisions of KRS Chapters 44 and 45; (c) Enter into contractual relationships as may be necessary; (d) Acquire real property, by gift or devise or by purchase pursuant to the provisions of KRS 45A.045, and hold the same in the name of the Commonwealth for the use and benefit of the council; (e) Initiate its own projects of an appropriate nature, and undertake or otherwise engage in joint projects with other agencies or groups, public or private; and (f) Adopt rules and regulations as may be necessary and incidental to the performance of the council's duties and functions. (4) The receipt, control, and expenditure of funds shall be subject to the general provisions of the Kentucky Revised Statutes governing financial administration of all state agencies. (5) No provision of this section shall be construed as repealing any of the laws of the Commonwealth relating to the preservation, protection, and recognition of historical matters, but shall be held and construed as ancillary and supplemental thereto. (6) The council shall receive applications, interview and recommend to the Governor three (3) persons as nominees for appointment as the director of the Heritage Division, Tourism, Arts and Heritage Cabinet. The director of the Heritage Division shall be the state historic preservation officer. (7) The responsibilities of the state historic preservation officer shall include: (a) Development for the State Historic Preservation Program; (b) Direction of a comprehensive statewide survey of historic properties; (c) Nomination of historic properties to the National Register of Historic Places; (d) Cooperation in the development of effective working relationships with federal, state, and local agencies that participate in the management of historic properties and in project planning that may affect historic properties; (e) Cooperation in the integration of historic preservation planning with all levels of planning; (f) Cooperation in the development and maintenance of a review procedure for publicly funded, assisted, and licensed undertakings that may affect historic properties within the state; (g) Participation in the review of federal, federally assisted, and federally licensed undertakings that may affect historic properties included in or eligible for inclusion in the National Register under Section 106 of the National Historic Preservation Act and Executive Order 11593; (h) Assisting federal agencies in fulfilling their historic preservation responsibilities under federal law and regulations; (i) Liaison with organizations of professional archaeologists, historians, architects, architectural historians, planners, and others concerned with historic preservation; (j) Development and operation of a program of public information and education concerning the preservation program; (k) Administration of the grants program within the state; (l) Preparation and maintenance of a comprehensive statewide historic preservation plan; and (m) The immediate transmittal to the Department of Parks and to the Commonwealth's Railtrail Development Office in the Department for Local Government of any information received from a railroad or other person having an ownership interest in a railroad corridor pertaining to a proposed or pending action or proceeding to obtain federal authority for the regulatory abandonment of that railroad corridor. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 117, sec. 76, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 46, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 11, sec. 4, effective June 26, 2007; and ch. 47, sec. 80, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 211, sec. 110, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 338, sec. 8, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 209, sec. 17, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 496, sec. 54, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 142, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 396, sec. 39, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 154, sec. 13, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 32, sec. 1. -- Created 1966 Ky. Acts ch. 87, sec. 3.

KRS 171.382 Proposed nomination to National Register of Historic Places -- Notice -- Hearing

171.382. Proposed nomination to National Register of Historic Places -- Notice -- Hearing (1) Prior to deciding whether to nominate a district, site, building, or object to the National Register of Historic Places created by the National Historic Preservation Act of 1966, the Kentucky Historic Preservation Review Board and the Kentucky Heritage Commission shall afford persons desiring to comment on the proposed nomination the opportunity to be heard by the board, in accordance with subsection (2) of this section. (2) The Kentucky Heritage Commission shall give public notice of the proposed nomination of any district, site, building, or object to the National Register of Historic Places before such nomination is presented to the Kentucky Historic Preservation Review Board. The notice shall be published in the county in which the district, site, building, or object is located in accordance with KRS Chapter 424, except that the notice shall be published only one (1) time, at least thirty (30) days prior to the review board's consideration of the nomination. The notice shall state the time and place of the meeting at which the nomination is to be considered and shall indicate that any person desiring to be heard by the historic preservation review board shall be afforded the opportunity to comment on the proposed nomination. History: Created 1976 Ky. Acts ch. 22, sec. 1.

KRS 171.383 Designation of covered wooden bridges as shrines

171.383. Designation of covered wooden bridges as shrines All covered wooden bridges within the state shall be designated as state shrines by the heritage division according to the procedures of the agency. Each covered wooden bridge shall be identified as such by an official marker placed by the Kentucky Historical Society. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 396, sec. 40, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 170, sec. 1. -- Created 1974 Ky. Acts ch. 364, sec. 1.

KRS 171.384 Historic preservation review board created -- Members -- Compensation

171.384. Historic preservation review board created -- Members -- Compensation (1) There is hereby established the Kentucky Historic Preservation Review Board, which shall aid and advise the heritage division in the selection of historic sites and all duties pursuant to Public Law 89-665, as amended, and regulations issued pursuant thereto. (2) The board shall be composed of eleven (11) members appointed by the Governor; one (1) of whom shall be a professionally recognized historian; one (1) an architect; and one (1) an archaeologist. Each board member shall receive twenty-five dollars ($25) per diem and necessary expenses for performance of his duties. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 111, sec. 104, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 396, sec. 41, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 155, sec. 113, effective June 17, 1978.

KRS 171.385 Washington, Kentucky Historic Township Commission -- Creation

171.385. Washington, Kentucky Historic Township Commission -- Creation (1) In order to preserve, augment and engender the historic qualities of Washington, Mason County, Kentucky, there is hereby created the Washington, Kentucky Historic Township Commission to devise a plan and undertake the general restoration and development of Washington, Kentucky, as a late eighteenth and early nineteenth century frontier town. (2) The Washington, Kentucky Historic Township Commission, hereinafter referred to as the commission, shall consist of eleven (11) members to be appointed by the Governor from among the citizens of Washington and Mason County. The commission shall elect one (1) of its members chairman and one (1) of its members vice chairman. History: Created 1974 Ky. Acts ch. 397, sec. 1.

KRS 171.387 Commission membership -- Powers -- Personnel

171.387. Commission membership -- Powers -- Personnel (1) The commission may employ a director, who shall serve as its secretary and at its pleasure, and other technical assistants as may be necessary to carry out its purposes. (2) The commission may contract, lease, accept gifts and bequests of money and acquire real and personal property by gift, purchase, devise, or bequests, deemed necessary for the proper development and planning of Washington as a historic town, and may preserve, restore, and administer these properties. History: Created 1974 Ky. Acts ch. 397, sec. 2.

KRS 171.388 Kentucky Register of Heritage Farms

171.388. Kentucky Register of Heritage Farms (1) As used in this section, "structure" means a house, barn, shed, crib, silo, windmill, fence, or cemetery marker. (2) The heritage division shall establish the Kentucky Register of Heritage Farms. A heritage farm shall comprise at least forty (40) acres and (a) shall have been owned and farmed by the same family for more than one hundred (100) years or, (b) shall include at least one structure more than fifty (50) years old. (3) Designation of a farm as a Kentucky Heritage Farm under this section shall not restrict the sale, alteration, use, or the exercise of any other right of ownership. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 396, sec. 42, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 140, sec. 1, effective July 15, 1980.

KRS 171.390 Report of activities required from commission

171.390. Report of activities required from commission (1) The commission shall, within two (2) years of June 21, 1974, submit a written report to the Governor and the General Assembly. The report shall set out, in such detail as may be necessary; the property, historic sites, and buildings to be incorporated into the plan; the manner and method by which the property, sites, and buildings may be restored, preserved, maintained, and operated; the amount of money which will have to be expended for the restoration and maintenance of any property; and the sources from which funds may be derived for these purposes. The commission may seek what state and federal funds are available to aid in the development of the plan and the actual restoration and preservation of Washington as a historic town. (2) The submission of the commission's report, required by subsection (1) of this section, shall not conclude the business for which it is created and the commission may continue to exist and perform its designated functions until such time as the Governor may terminate its existence. Upon termination of the commission, all real and personal property held by the commission, remaining after payment of, or provision for payment of, all debts and liabilities of the commission shall become the property of the Commonwealth of Kentucky for the purposes of the Department of Parks or the property of Old Washington, Incorporated, as determined by the commission. History: Created 1974 Ky. Acts ch. 397, sec. 3.

KRS 171.391 Definitions for KRS 171.391 to 171.393

171.391. Definitions for KRS 171.391 to 171.393 As used in KRS 171.391 to 171.393: (1) "Council" means the Kentucky Heritage Council; (2) "Historic drylaid rock fence" means any drylaid stone fence or wall at least fifty (50) years old that was originally constructed from natural stones and without mortar; (3) "Historic mortared rock fence" means any rock fence at least fifty (50) years old that was originally constructed from natural stones and mortar; and (4) "Nonhistoric drylaid rock fence" means any rock fence constructed within the last fifty (50) years from natural stones and without mortar that the Kentucky Heritage Council certifies meets the guidelines for drystone masonry set forth by the Dry Stone Conservancy. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 11, sec. 1, effective June 26, 2007.

KRS 171.392 Rock fence preservation fund

171.392. Rock fence preservation fund (1) There is hereby established in the State Treasury a rock fence preservation fund, which shall be administered by the council. The fund may receive appropriations, gifts, grants, federal funds, revolving funds, and any other funds from public and private sources, to be used for reconstruction and repair of the Commonwealth's historic drylaid rock fences and historic mortared rock fences. (2) Moneys deposited in the fund shall be disbursed by the State Treasurer under the Rock Fence Preservation Program established in KRS 171.393. (3) Fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. Income earned from investment of the fund shall become part of the fund and shall not lapse. (4) Amounts deposited in the fund are hereby appropriated for the purposes set forth in KRS 171.391 to 171.393, and in no case shall the funds be used for executive agency administrative costs. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 11, sec. 2, effective June 26, 2007. Legislative Research Commission Note (6/26/2007). The numbering of subsections in this section has been altered from the numbering of 2007 Ky. Acts ch. 11, sec. 2 by the Reviser of Statutes under the authority of KRS 7.136.

KRS 171.393 Rock Fence Preservation Program -- Administrative regulations -- Limitation on use of grant funds

171.393. Rock Fence Preservation Program -- Administrative regulations -- Limitation on use of grant funds (1) The Rock Fence Preservation Program is established and shall be administered by the council. The council shall seek guidance on all technical issues regarding rock fence preservation from the Dry Stone Conservancy. The program shall provide funding for the preservation of historic drylaid rock fences and historic mortared rock fences. (2) The council shall promulgate administrative regulations in consultation with the Dry Stone Conservancy relating to the establishment of a grant program, including: (a) Application and reporting procedures; (b) Accountability criteria for grant recipients; and (c) Grant appropriation amounts and eligible expenditures. (3) No funds from the program established in this section shall be utilized for restoration projects which utilize stone removed, harvested, or taken from other historic stone structures without prior approval of the Kentucky Heritage Council in consultation with the Dry Stone Conservancy. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 11, sec. 3, effective June 26, 2007.

KRS 171.394 Kentucky battlefield preservation fund -- Purposes and uses -- Grants program -- Eligible costs -- Easements -- Duties of council

171.394. Kentucky battlefield preservation fund -- Purposes and uses -- Grants program -- Eligible costs -- Easements -- Duties of council (1) There is hereby established in the State Treasury a trust and agency account to be known as the Kentucky battlefield preservation fund. (2) The account shall consist of moneys received from state appropriations, gifts, grants, and federal funds. (3) The account shall be administered by the Kentucky Heritage Council. (4) Notwithstanding KRS 45.229, moneys in the account not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year. (5) Any interest earnings of the account shall become a part of the account and shall not lapse. (6) Moneys deposited into the account are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes. (7) (a) Amounts deposited in the account shall be used exclusively by the Kentucky Heritage Council to provide grants. Grants shall be made to private nonprofit organizations. (b) All grants shall be made solely for the fee simple purchase of, or purchase of protective interests in: 1. Any Kentucky battlefield site considered in: a. The report issued by the Civil War Sites Advisory Commission, National Park Service, 1993, as amended, entitled Report on the Nation's Civil War Battlefields; or b. The report prepared by the American Battlef ield Protection Program, National Park Service, U.S. Department of the Interior, September 2007, as amended, entitled Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States; or 2. Any site associated with the Underground Railroad that is eligible for National Historic Landmark designation or for listing in the National Register of Historic Places. (8) (a) Private nonprofit organizations seeking grant funding from the account shall be required to provide matching funds from any non -state sources as follows: 1. On a dollar-for-dollar basis for Civil War battlefields and Underground Railroad sites; or 2. One dollar ($1) for each three dollars ($3) from the account for Revolutionary War battlefields. (b) For the purposes of this subsection, "matching funds" means cash or the donation of land, or interest therein, made by the landowner as part of the proposed project. (c) No state funds may be included in determining the amount of the match. (d) Grants from the account shall be based on the appraised value of the land or permanent protective interests therein and the matching fund ratios established in paragraph (a) of this subsection. (e) Grants from the account may be awarded for prospective purchases. (9) Eligible costs for which moneys from the account may be allocated include: (a) Acquisition of land and any improvements thereon; (b) Permanent protective interests; (c) Conservation easements; (d) Costs of appraisals; (e) Environmental reports; (f) Surveys; (g) Title searches and title insurance; and (h) Any other closing costs. (10) (a) Any eligible organization making an acquisition of land or interest therein shall grant to the Commonwealth a perpetual easement placing restrictions on the use or development of the land. (b) All terms and conditions of the easement shall be reviewed by and found by the Kentucky Heritage Council to be consistent with other conservation easements under KRS 67A.840 to 67A.850. (c) Any eligible organization shall demonstrate t o the Kentucky Heritage Council that it has the capacity and expertise to manage and enforce the terms of the easement. (11) The Kentucky Heritage Council shall: (a) Establish, administer, manage, and make expenditures and allocations from the account; (b) Establish guidelines for applications for grants of moneys from the account; (c) Prioritize and award grants of moneys from the account; and (d) Consider in relation to core and study areas of the sites identified in subsection (7)(b) of this section: 1. The significance of the site; 2. The location of the proposed project; 3. The proximity to other protected lands; 4. The threat to and integrity of the features assoc iated with the historic significance of the site; and 5. The financial and administrative capacity of the applicant to complete the project and to maintain and manage the property consistent with the public investment and public interest, including: a. Education; b. Recreation; c. Research; d. Heritage tourism promotion; or e. Orderly community development. (12) Nothing in this section shall be construed to prevent the subsequent transfer of property acquired under this section to the United States of Ameri ca, its agencies, or instrumentalities. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 13, sec. 1, effective June 29, 2023. -- Created 2020 Ky. Acts ch. 11, sec. 1, effective July 15, 2020.

KRS 171.395 Official museums

171.395. Official museums (1) The Thomas Edison Butchertown House in Louisville shall be designated as the official Edison Museum in the Commonwealth of Kentucky. (2) The Kentucky Railway Museum shall be designated as the official railway museum in the State of Kentucky. (3) The official museums shall be so designated by an official marker erected by the Kentucky Historical Society. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 87, sec. 1, effective July 15, 1982 and ch. 396, sec. 43, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 167, sec. 1, effective July 15, 1980. Legislative Research Commission Note This section was amended by 1982 Acts Ch. 396, Section 43 and by 1982 Acts Ch. 87, Section 1, which are partially in conflict. Effect has been given to the substantive changes made by the General Assembly.

KRS 171.396 Definitions for KRS 171.396, 171.3961, 171.397, and 171.398

171.396. Definitions for KRS 171.396, 171.3961, 171.397, and 171.398 As used in this section and KRS 171.3961, 171.397, and 171.398: (1) "Affordable" means the occupant's housing costs, including utilities, total thirty percent (30%) or less of the occupant's gross income; (2) "Certified historic structure" means a structure that is located within the Commonwealth of Kentucky that is: (a) Listed individually on the National Register of Historic Places; or (b) Located in a historic district listed on the National Register of Historic Places and is certified by the council as contributing to the historic significance of the district; (3) "Certified rehabilitation" means a completed substantial rehabilitation of a certified historic structure that the council certifies meets the United States Secretary of the Interior's Standards for Rehabilitation; (4) "Certified rehabilitation credit cap" means an annual amount of one hundred million dollars ($100,000,000) for applications received on or after: (a) April 30, 2022, but before April 30, 2026, allocated with: 1. Twenty-five percent (25%) of the credit cap awarded to owner-occupied residential property; and 2. Seventy-five percent (75%) of the credit cap awarded to property other than owner-occupied residential property, which includes the major certified rehabilitation allowed under KRS 171.3963; and (b) April 30, 2026, but before April 15, 2027, and on or before each April 15 thereafter, allocated with: 1. Fifteen percent (15%) of the credit cap awarded to owner-occupied residential property; and 2. Eighty-five percent (85%) of the credit cap awarded to property other than owner-occupied residential property, including commercial residential property; plus any amounts added to the certified rehabilitation credit cap pursuant to KRS 171.397(2)(c) and 171.398; (5) "Commercial residential property" means a certified historic structure that: (a) Is not owner-occupied residential property; (b) Has a minimum of fifty percent (50%) of its square footage designated to residential space which shall be available for lease, rent, or sale upon completion of the rehabilitation; and (c) Is affordable to individuals earning eighty percent (80%) or less of the median family income for a minimum of five (5) years after the building is placed in service; (6) "Council" means the Kentucky Heritage Council; (7) "Disqualifying work" means work that is performed within three (3) years of the completion of the certified rehabilitation that, if performed as part of the rehabilitation certified under KRS 171.397 and 171.398, would have made the rehabilitation ineligible for certification; (8) "Exempt entity" means any tax exempt organization pursuant to sec. 501(c)(3) of the Internal Revenue Code, any political subdivision of the Commonwealth, any state or local agency, board, or commission, or any quasi-governmental entity; (9) "Local government" means a city, county, urban-county, charter county, or consolidated local government; (10) "Median family income" means the median family income for the county in which the residence is located as determined by the most recent American Community Survey Five-Year Estimate; (11) "Owner-occupied residential property" means a building or portion thereof, condominium, or cooperative occupied by the owner as his or her principal residence; (12) "Qualified rehabilitation expense" means any amount that is properly chargeable to a capital account, whether or not depreciation is allowed under Section 168 of the Internal Revenue Code, and is expended at any time in connection with the certified rehabilitation of a certified historic structure. It shall include the cost of restoring landscaping and fencing that contributes to the historic significance of this structure, but shall not include the cost of acquisition of a certified historic structure, enlargement of or additions to an existing building, or the purchase of personal property; (13) "Substantial rehabilitation" means rehabilitation of a certified historic structure for which the qualified rehabilitation expenses, during a twenty-four (24) month period selected by the taxpayer or exempt entity, ending with or within the taxable year, exceed: (a) Twenty thousand dollars ($20,000) for an owner-occupied residential property; or (b) For all other property, the greater of: 1. The adjusted basis of the structure; or 2. Twenty thousand dollars ($20,000); (14) "Taxpayer" means any individual, corporation, limited liability company, business development corporation, partnership, limited partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization, or other legal entity through which business is conducted that: (a) Elects to claim the credit on a return and receive a refund as provided in KRS 171.397(2)(b)2.a. and 171.398; or (b) Is the recipient of a credit which is transferred as provided in KRS 171.397(2)(b)2.b. and 171.398; and (15) "Qualified purchased historic home" means any substantially rehabilitated certified historic structure if: (a) The taxpayer claiming the credit authorized under KRS 171.397 and 171.398 is the first purchaser of the structure after the date of completion of the substantial rehabilitation; (b) The structure or a portion thereof will be the principal residence of the taxpayer; and (c) No credit was allowed to the seller under this section. A qualified purchased historic home shall be deemed owner-occupied residential property for purposes of this section. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 57, effective April 14, 2026. -- Amended 2021 Ky. Acts ch. 156, sec. 30, effective June 29, 2021. -- Amended 2014 Ky. Acts ch. 102, sec. 19, effective July 15, 2014. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 33, effective June 26, 2009. -- Amended 2006 Ky. Acts ch. 149, sec. 224, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 168, sec. 150, effective March 18, 2005. Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 168, sec. 165, provides that this section shall apply to tax years beginning on or after January 1, 2005.

KRS 171.397 Rehabilitation of certified historic structures -- Qualified rehabilitation expenses -- Tax credit -- Penalty -- Administrative regulations -- Sunset

171.397. Rehabilitation of certified historic structures -- Qualified rehabilitation expenses -- Tax credit -- Penalty -- Administrative regulations -- Sunset (1) (a) For all applications for a preliminary approval received prior to April 30, 2010, there shall be allowed as a credit against the taxes imposed by KRS 141.020, 141.040, 141.0401, or 136.505, an amount equal to: 1. Thirty percent (30%) of the qualified rehabilitation expenses, in the case of owner-occupied residential property; and 2. Twenty percent (20%) of the qualified rehabilitation expenses, in the case of all other property. In the case of an exempt entity that has incurred qualified rehabilitation expenses, the credit provided in this subsection shall be available to transfer or assign as provided under subsection (8) or (9) of this section. (b) For applications for preliminary approval received on or after April 30, 2010, the credit shall be refundable if the taxpayer makes an election under subsection (2)(b) of this section. (2) (a) A taxpayer seeking the credit provided under subsection (1) of this section shall file an application for a preliminary determination of maximum credit eligibility before April 30 of the year in which the proposed project will begin. The application shall describe the project and shall include documentation supporting the qualification of the project for the credit, the proposed start date, the proposed completion date, the projected qualified rehabilitation expenses, and any other information the council may require. The council shall determine the preliminary maximum credit available for each taxpayer and shall notify the taxpayer of that amount by June 30 of the year in which the application was filed. If total credits applied for in any year exceed the certified rehabilitation credit cap, plus any amounts added to the cap pursuant to paragraph (c) of this subsection, the provisions of subsection (5) of this section shall be applied to reduce the approved credits for all taxpayers with qualifying applications for that year. (b) 1. An application for a final determination of credit shall be submitted to the council upon completion of the project. 2. The application shall include an irrevocable election by the taxpayer to: a. Use the credit, in which case, the credit shall be refundable; or b. Transfer the credit. 3. The council shall determine the final amount of credit approved for each taxpayer based upon the actual expenditures, preliminary determination of maximum credit, and a determination that the expenditures are qualified rehabilitation expenses. 4. The council shall notify the taxpayer and Department of Revenue of the final approved credit amount within sixty (60) days of t he receipt of a completed application from the taxpayer. (c) 1. If the total amount of credits finally approved for a taxpayer under paragraph (b) of this subsection are less than the credits initially approved for a taxpayer under paragraph (a) of this subsection, the difference between the two (2) amounts shall be added to the certified rehabilitation credit cap for the next calendar year. 2. If the total amount of credits approved under paragraph (a) of this subsection in any calendar year is less than the certified rehabilitation credit cap, the difference between the credits actually awarded and the certified rehabilitation credit cap shall be added to the certified rehabilitation credit cap for the next calendar year. (3) (a) The maximum credit which may be claimed with regard to owner-occupied residential property shall be one hundred twenty thousand dollars ($120,000) subject to subsection (5) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed. (b) The maximum credit which may be claimed with regard to all other property that is not owner-occupied residential shall be ten million dollars ($10,000,000) subject to subsection (5) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed. (4) In the case of a husband and wife filing separate returns or filing separately on a joint return, the credit may be taken by either or divided equally, but the combined credit shall not exceed one hundred twenty thousand dollars ($120,000) if subject to the limitation in subsection (3)(a) of this section, or ten million dollars ($10,000,000) if subject to the limitation in subsection (3)(b) of this section, subject to the provisions of subsection (5) of this section. (5) The credit amount approved for a calendar year for all taxpayers under subsection (2)(a) of this section shall be limited to the certified rehabilitation credit cap. When the total credits applied for and approved in any year under subsection (2)(a) of this section exceed the certified rehabilitation credit cap, the council shall apportion the certified rehabilitation credit cap as follows: The certified rehabilitation credit cap for the year under consideration shall be multiplied by a fraction, the numerator which is the approved credit amount for an individual taxpayer for a calendar year and the denominator which is the total approved credits for all taxpayers for a calendar year. (6) (a) For all applications received prior to April 30, 2010, if the credit amount that may be claimed in any tax year as determined under subsections (3) to (5) of this section exceeds the taxpayer's total tax liabilities under KRS 136.505, 141.020, or 141.040 and 141.0401, the taxpayer may carry the excess tax credit forward until the tax credit is used, provided that any tax credits not used within seven (7) years of the taxable year the certified rehabilitation was complete shall be lost. (b) For all applications received on or after April 30, 2010, if the credit amount that may be claimed in any tax year as determined under subsections (3) to (5) of this section exceeds the taxpayer's total tax liabilities under KRS 136.505, 141.020, or 141.040 and 141.0401, the taxpayer may receive a refund, if the taxpayer elected to take the credit as required by subsection (2)(b) of this section. (7) (a) The credit shall apply against both the tax imposed by KRS 141.020 or 141.040 and the limited liability entity tax imposed by KRS 141.0401, with the ordering of credits as provided in KRS 141.0205. (b) 1. For applications received prior to April 30, 2010, if the taxpayer is a pass-through entity not subject to the tax imposed by KRS 141.040, the taxpayer shall apply the credit at the entity level against the limited liability tax entity imposed by KRS 141.0401, and shall also pass the credit through in the same proportion as the distributive share of income or loss is passed through. 2. For applications received on or after April 30, 2010, if the taxpayer is a pass-through entity not subject to the tax imposed by KRS 141.040, the taxpayer shall apply the credit at the entity level against the limited liability tax entity imposed by KRS 141.0401, and may receive a refund if the taxpayer elected to take the credit as required by subsection (2)(b)2.a. of this section. (8) Credits received under this section may be transferred or assigned if an election is made under subsection (2)(b) of this section, for some or no consideration, along with any related benefits, rights, responsibilities, and liabilities to a financial institution as defined in KRS 141.010 subject to the taxes imposed by KRS 136.505, 141.040, or 141.0401. Within thirty (30) days of the date of any transfer of credits, the party transferring the credits shall notify the Department of Revenue of: (a) The name, address, employer identification number, and bank routing and transfer number, of the party to which the credits are transferred; (b) The amount of credits transferred; and (c) Any additional information the Department of Revenue deems necessary. The provisions of this subsection shall apply to any credits that pass through to a successor or beneficiary of a taxpayer. (9) For purposes of this section, a lessee of a certified historic structure shall be treated as the owner of the structure if the remaining term of the lease is not less than the minimum period promulgated by administrative regulation by the council. (10) The taxes imposed in KRS 141.020, 141.040, and 141.0401 shall not apply to any consideration received for the transfer, sale, assignment, or use of a tax credit approved under this section. (11) The Department of Revenue shall assess a penalty on any taxpayer or exempt entity that performs disqualifying work, as determined by the Kentucky Heritage Council, on a certified historic structure for which a rehabilitation has been certified under this section in an amount equal to one hundred percent (100%) of the tax credit allowed on the rehabilitation. Any penalties shall be assessed against the property owner who performs the disqualifying work and not against any transferee of the credits. (12) The council may impose fees for processing applications for tax credits, not to exceed the actual cost associated with processing the applications. (13) The council may authorize a local government to perform an initial review of applications for the credit allowed under this section and forward the applications to the council with its recommendations. (14) The council and the Department of Revenue may promulgate administrative regulations in accordance with the provisions of KRS Chapter 13A to establish policies and procedures to implement the provisions of subsections (1) to (13) of this section. (15) The tax credit authorized by this section shall apply to tax periods ending on or after December 31, 2005. (16) This section applies to applications received before April 30, 2026. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 58, effective April 14, 2026. -- Amended 2022 Ky. Acts ch. 212, sec. 49, effective July 14, 2022. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 34, eff ective June 26, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 68, effective June 28, 2006. -- Amended 2006 Ky. Acts ch. 196, sec. 1, effective January 1, 2007. -- Created 2005 Ky. Acts ch. 168, sec. 151, effective March 18, 2005. Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 196, sec. 2, provides that the amendments to KRS 171.397 in 2006 Ky. Acts ch. 196, sec. 1, apply for taxable periods beginning on or after January 1, 2007. Legislative Research Commission Note (6/28/2006). 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an earlier tax year, the provisions of this Act shall apply to taxable years beginning on or after January 1, 2007." Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 168, sec. 165, provides that this section shall apply to tax years beginning on or after January 1, 2005. Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 171.398 Rehabilitation of certified historic structures -- Qualified rehabilitation expenses -- Tax credit for applications on or after April 30, 2026 -- Penalty -- Administrative regulations

171.398. Rehabilitation of certified historic structures -- Qualified rehabilitation expenses -- Tax credit for applications on or after April 30, 2026 -- Penalty -- Administrative regulations (1) This section applies to applications received on or after April 30, 2026, but before April 15, 2027, and on or after each April 15 thereafter. (2) (a) There shall be allowed as a credit against the taxes imposed in KRS 136.320, 136.330, 136.340, 136.350, 136.370, 136.390, 304.3 -270, 141.020 or 141.040 and 141.0401. (b) The amount of the credit shall be equal to: 1. Thirty percent (30%) of the qualified rehabilitation expenses, in the case of owner-occupied residential property; 2. Thirty percent (30%) of the qualified rehabilitation expenses if the commercial residential property is affordable to households earning eighty percent (80%) of the median family income or less; or 3. Twenty percent (20%) of the qualified rehabilitation expenses, in the case of all other property. (c) In the case of an exempt entity that has incurred qualified rehabilitation expenses, the credit provided in this subsection shall be available to transfer or assign as provided under subsection (8) of this section. (d) The credit shall be refundable if the taxpayer makes an election under subsection (3)(b) of this section. (e) An insurance company claiming a tax credit against the insurance premiums tax is not required to pay additional retaliatory tax levied pursuant to KRS 304.3-270. (3) (a) 1. A taxpayer seeking the credit provided under subsection (2) of this section shall file an application for a preliminary determination of maximum credit eligibility before: a. April 15; or b. August 15; of the year in which the proposed project will beg in. 2. The certified rehabilitation credit cap shall be allocated as follows, including any amounts added to the certified rehabilitation credit cap pursuant to paragraph (c) of this subsection: a. Fifty million dollars ($50,000,000) for applications rece ived before the date established in subparagraph 1.a. of this paragraph, except that the amount shall not exceed one hundred million dollars ($100,000,000), including any amounts added under paragraph (c) of this subsection from a prior allocation period; and b. Fifty million dollars ($50,000,000) for applications received before the date established in subparagraph 1.b. of this paragraph, except that the amount shall not exceed one hundred million dollars ($100,000,000), including any amounts added under paragraph (c) of this subsection from a prior allocation period. 3. In the event the full allocation in subparagraph 2.a. of this paragraph is not utilized for applications received by April 15, the remainder shall be made available for applications received in accordance with subparagraph 1.b. of this paragraph, not to exceed fifty percent (50%) of the total credit cap allocated in each application round under subparagraph 2. of this paragraph. 4. If the total amount of preliminary approvals for all applications received in a single application round under subparagraph 1.a. or 2.a. of this paragraph exceeds the cap of fifty million dollars ($50,000,000) plus any amounts added to the credit cap, the council shall apportion the certified rehabilitation credit cap as follows: a. The certified rehabilitation credit cap for the application round under consideration shall be multiplied by a fraction, the numerator which is the approved credit amount for an individual taxpayer for an application round and the denomi nator which is the total approved credits for all taxpayers for an application round; and b. Each taxpayer shall receive no more than their pro rata share of the certified rehabilitation credit cap allocated for the corresponding application round. 5. Applications submitted for preliminary approval shall be reviewed in the order in which they are received based on the date of the application. 6. The application shall describe the project and shall include documentation supporting the qualification of the pr oject for the credit, the proposed start date, the proposed completion date, the projected qualified rehabilitation expenses, and any other information the council may require. 7. The council shall determine the preliminary maximum credit available for each taxpayer and shall notify the taxpayer of that amount by: a. June 30 for applications received on or before April 15 of the year in which the application was filed; or b. October 30 for applications received on or before August 15 of the year in which the application was filed. (b) 1. An application for a final determination of credit shall be submitted to the council upon completion of the project. A taxpayer who is no longer the owner of the certified historic structure may apply for final determination of credit as long as the taxpayer received preliminary approval under paragraph (a)7. of this subsection and substantially rehabilitated the certified historic structure. 2. The application shall include an irrevocable election by the taxpayer to: a. Use the credit, in which case, the credit shall be refundable; or b. Transfer the credit in accordance with subsection (8) of this section, in which case the credit shall be nonrefundable. 3. The council shall determine the final amount of credit approved fo r each taxpayer based upon the actual expenditures, preliminary determination of maximum credit, and a determination that the expenditures are qualified rehabilitation expenses. 4. The council shall notify the taxpayer and Department of Revenue of the final approved credit amount within sixty (60) days of the receipt of a completed application from the taxpayer. (c) 1. If the total amount of credits finally approved for a taxpayer under paragraph (b) of this subsection is less than the amount of the credits initially approved for a taxpayer under paragraph (a) of this subsection, the difference between the two (2) amounts shall be added to the certified rehabilitation credit cap for the next calendar year, except that in no case shall the amount allocated under paragraph (a)2.a. or b. of this subsection exceed one hundred million dollars ($100,000,000), including any amounts added to the certified rehabilitation credit cap from prior calendar years. Any amount exceeding the one hundred million dollars ($100,000,000) threshold is null and void as a carryover to any other allocation period. 2. If the total amount of credits approved under paragraph (a) of this subsection in any calendar year is less than the certified rehabilitation credit cap, the difference between the credits actually awarded and the certified rehabilitation credit cap shall be added to the certified rehabilitation credit cap for the next calendar year. 3. If the entire credit cap allocated for applications in paragraph (b) of this subsection is not entirely utilized for preliminary applications received under paragraph (a) of this subsection, the remaining portion shall be made available for all other properties having submitted preliminary applications within the same application round regardless of property type. (4) (a) The maximum credit which may be claimed with regard to owner-occupied residential property shall be one hundred twenty thousand dollars ($120,000) subject to subsection (6) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed. (b) The maximum credit which may be claimed with regard to all other property that is not owner-occupied residential shall be ten million dollars ($10,000,000) subject to subsection (6) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed. (5) In the case of two (2) spouses filing separate returns or filing separately on a joint return, the credit may be taken by either or divided equally, but the combined credit shall not exceed one hundred twenty thousand dollars ($120,000) if subject to the limitation in subsection (4)(a) of this section, or ten million dollars ($10,000,000) if subject to the limitation in subsection (4)(b) of this section, subject to the provisions of subsection (6) of this section. (6) The credit amount approved for a calendar year for all taxpayers under subsection (3)(a) of this section shall be limited to the certified rehabilitation credit cap. (7) (a) The credit shall apply against the tax imposed by: 1. KRS 141.020 or 141.040 and the limited liability entity tax imposed by KRS 141.0401, with the ordering of the credits as provided in KRS 141.0205; and 2. KRS 136.320, 136.330, 136.340, 136.350, 136.360, 136.370, 136.390, or 304.3-270. (b) If the taxpayer is a pass-through entity not subject to the tax imposed by KRS 141.040, the taxpayer shall apply the credit at the entity level against the limited liability entity tax imposed by KRS 141.0401, and shall also pass the credit through in the same proportion as the distributive share of income or loss is passed through. (8) (a) Credits received under this section may be transferred or assigned if an election is made under subsection (3)(b) of this section, for some or no consideration, along with any related benefits, rights, responsibilities, and liabilities to any person or entity subject to the taxes imposed in: 1. KRS 141.020 or 141.040 and 141.0401; or 2. KRS 136.320, 136.330, 136.340, 136.350, 136.360, 136.370, 136.390, or 304.3-270. (b) Within thirty (30) days of the date of any transfer of credits, the party transferring the credits shall notify the Department of Revenue of: 1. The name, address, employer identification number, and bank routing and transfer number, of the party to which the credits are transferred; 2. The amount of credits transferred; and 3. Any additional information the Department of Revenue deems necessary. (c) Any taxpayer receiving transferred credit under this subsection may carry forward unused credit for a period not to exceed seven (7) taxable years from which the certified rehabilitation was complete. The provisions of this subsection shall apply to any credits that pass through to a successor or beneficiary of a taxpayer. (9) For purposes of this section, a lessee of a certified historic structure shall be treated as the owner of the structure if the remaining term of the lease is not less than the minimum period promulgated by administrative regulation by the council. (10) The taxes imposed in KRS 141.020, 141.040, and 141.0401 shall not apply to any consideration received for the transfer, sale, assignment, or use of a tax credit approved under this section. (11) (a) The Department of Revenue shall assess a penalty in an amount equal to one hundred percent (100%) of the tax credit allowed on the rehabilitation on any taxpayer or exempt entity that: 1. Performs disqualifying work, as determined by the Kentucky Heritage Council, on a certified historic structure for which a rehabilitation has been certified; and 2. If credit allowed based on affordability, fails to maintain compliance with the commercial residential property requirement established in KRS 171.396(5), as determined by the council and the Kentucky Housing Corporation. (b) Any penalties shall be assessed under paragraph (a) of this subsection shall be assessed against the property owner and not against any transferee of the credits. (12) The council may impose fees for processing applications for tax credits, not to exceed the actual cost associated with processing the applications. (13) The council may authorize a local government to perform an initial review of applications for the credit allowed under this section and forward the applications to the council with its recommendations. (14) The council and the Department of Revenue may promulgate administrative regulations in accordance with the provisions of KRS Chapter 13A to implement this section. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 161, sec. 59, effective April 14, 2026. Legislative Research Commission Note (4/14/2026). 2026 Ky. Acts ch. 161, sec. 59, which created this statute, included a citation to KRS "136.40" in subsection (7)(a)2. of this statute, though it is clear from the text of the Act that the citation was meant to be KRS "136.340." This manifest clerical or typographical error has been corrected in codification under KRS 7.136(1). Legislative Research Commission Note (4/14/2026). 2026 Ky. Acts ch. 161, sec. 59, which created this statute, included a citation to "subsection (5) of Section 56 of this Act" in subsection (11)(a)2. of this statute. Section 56 of that Act is an amendment to KRS 151B.402. It is clear from the text of the Act and the substance of the related statutes that the citation was meant to be to "subsection (5) of Section 57 of this Act." Section 57 of that Act is an amendment to KRS 171.396. This manifest clerical or typographical error has been corrected in codification under KRS 7.136(1).

KRS 171.399 Tax credit for certified rehabilitation of certain historic structures containing twenty-five stories or more -- Qualifications

171.399. Tax credit for certified rehabilitation of certain historic structures containing twenty-five stories or more -- Qualifications (1) For taxable years beginning on or after January 1, 2027, but before January 1, 2031, a taxpayer completing a certified rehabilitation of a certified historic structure containing a minimum of twenty -five (25) stories shall be allowed a credit against the taxes imposed by KRS 141.020 or 141.040 and 141.0401, with the ordering of the credit as provided in KRS 141.0205 for projects in which the total qualified rehabilitation expenses exceed one hundred fifty million dollars ($150,000,000). (2) The credit shall be equal to the lesser of: (a) The percentage of qualified rehabilitation expenses as provided in KRS 171.398; or (b) The amount of federal credit allowed under 26 U.S.C. sec. 47 for the same qualified rehabilitation expenses that generated the tax credit under this section. (3) (a) The credit shall not: 1. Exceed forty million dollars ($40,000,000); or 2. Be subject to the maximum credit amounts allowed in KRS 171.398. (b) Any project approved for credit under this section shall not be considered in determining whether the certified rehabilitation credit cap has been met for any taxable year and therefore not subject to the percentage of the credit cap allocated to owner-occupied residential property or other property that is not owner-occupied residential property as provided in KRS 171.396. (4) A taxpayer seeking the credit under this section shall file an application in accordance with KRS 171.398. (5) Unless otherwise stated in this section, the provisions of KRS 171.398 shall apply to this section. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 161, sec. 129, effective July 15, 2026.

KRS 171.400 Oral history interview -- Confidentiality

171.400. Oral history interview -- Confidentiality (1) A state agency or institution which obtains an oral history interview for historical purposes may enter into a reasonable and mutually acceptable written agreement of confidentiality with the interviewee with regard thereto. (2) An oral history interview which has been obtained under a written agreement of confidentiality shall remain confidential and shall not be public information until the conditions of the agreement have been met, at which time it shall become public information. (3) An oral history interview for which no written agreement of confidentiality has been made shall be public information and shall not be confidential. (4) This section shall be deemed to be retroactive and shall apply with equal force to oral history interviews for which a written agreement of confidentiality was obtained prior to July 15, 1986. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 38, sec. 1, effective July 15, 1986.

KRS 171.410 Definitions for KRS 171.420 to 171.740

171.410. Definitions for KRS 171.420 to 171.740 As used in KRS 171.420 to 171.740: (1) "Public record or record" means all books, papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. "Public record" shall not include any records owned by a private person or corporation that are not related to functions, activities, programs or operations funded by state or local authority; (2) "Department" means the Department for Libraries and Archives; (3) "Commission" means the State Archives and Records Commission; and (4) "Public agency" means every state or local office, state department, division, bureau, board, commission and authority; every legislative board, commission, committee and officer; every county and city governing body, council, school district board, special district board, municipal corporation, and any board, department, commission, committee, subcommittee, ad hoc committee, council or agency thereof; and any other body which is created by state or local authority and which derives at least twenty-five percent (25%) of its funds from state or local authority. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 150, sec. 3, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 245, sec. 1, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VIII, B, sec. 2. -- Amended 1970 Ky. Acts ch. 92, sec. 32. -- Amended 1966 Ky. Acts ch. 255, sec. 159. -- Amended 1962 Ky. Acts ch. 106, Art. V, sec. 2. -- Created 1958 Ky. Acts ch. 49, sec. 1.

KRS 171.420 State Libraries, Archives, and Records Commission

171.420. State Libraries, Archives, and Records Commission (1) The State Libraries, Archives, and Records Commission is hereby created and shall be a seventeen (17) member body constituted as follows: (a) The state librarian or his or her designee, who shall be the chairperson of the commission; (b) The secretary of the Education and Labor Cabinet or his or her designee, who shall serve as vice chairperson; (c) The Auditor of Public Accounts or his or her designee; (d) The state law librarian or his or her designee; (e) The director of the Legislative Research Commission or his or her designee; (f) The Attorney General or his or her designee; (g) The executive director of the Kentucky Military Heritage Commission or a designee of the commission; (h) The executive director of the Commonwealth Office of Technology or his or her designee; (i) The president of the Kentucky Association of School Librarians or his or her designee; (j) The executive director of the Kentucky Historical Society or his or her designee; (k) The executive director of the Kentucky Library Association or his or her designee; (l) The president of the Council on Postsecondary Education or his or her designee; (m) Four (4) citizens at large appointed by the Governor, including one (1) member representing library users with disabilities, one (1) member representing disadvantaged persons, and two (2) members representing library users; and (n) One (1) member, who shall not be an elected official, appointed by the Governor from a list of three (3) persons, with one (1) name submitted by each of the presidents of the Kentucky League of Cities, the Kentucky Association of Counties, and the Kentucky Association of School Administrators. (2) Vacancies for appointed members shall be filled by the Governor in the same manner as initial appointments are made. All appointed members shall serve for a term of three (3) years, except when making the appointments under subsection (3) of this section, two (2) shall be for a term of three (3) years, two (2) for two (2) years, and one (1) for one (1) year. (3) On July 14, 2018, all terms of gubernatorial appointees made prior to July 14, 2018, shall expire, and the Governor shall appoint five (5) members to the commission in accordance with paragraphs (m) and (n) of subsection (1) of this section. (4) The commission shall be the state advisory council on libraries and shall advise the Department for Libraries and Archives on matters relating to federal and state library development issues, archives and records management, federal and state funding, public library standards, and other federal and state library service issues. The commission shall have the authority to review and approve schedules for retention and destruction of records submitted by state and local agencies. In all cases, the commission shall determine questions which relate to destruction of public records, and their decision shall be binding on the parties concerned and final, except that the commission may reconsider or modify its actions upon the agreement of a simple majority of the membership present and voting. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 90, effective July 1, 2022. -- Amended 2018 Ky. Acts ch. 176, sec. 3, effective July 14, 2018. -- Amended 2009 Ky. Acts ch. 11, sec. 56, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 111, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 602, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 506, sec. 20, effective July 14, 2000; and ch. 536, sec. 20, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 209, sec. 18, effective July 15, 1994. Amended 1992 Ky. Acts ch. 185, sec. 1, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 245, sec. 2, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 120, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 242, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2); and ch. 257, sec. 5. -- Amended 1970 Ky. Acts ch. 92, sec. 33. -- Amended 1962 Ky. Acts ch. 106, Art. V, sec. 3. -- Created 1958 Ky. Acts ch. 49, sec. 2. Legislative Research Commission Note (7/12/2006). Under the authority of KRS 7.136(1)(c) and for the sake of clarity, the Reviser of Statutes has divided this statute as contained in 2006 Ky. Acts ch. 211, sec. 111, into numbered subsections and paragraphs.

KRS 171.430 Expenses of commission members

171.430. Expenses of commission members Members of the commission shall serve without compensation other than actual expense of attending meetings of the commission or while in the performance of their official duties in connection with the business of the commission. Effective: June 19, 1958 History: Created 1958 Ky. Acts ch. 49, sec. 3, effective June 19, 1958.

KRS 171.440 Commission meetings

171.440. Commission meetings The commission shall meet in the City of Frankfort, but the commission may, by majority vote, hold special or regular meetings in other locations when the work of the commission would be facilitated thereby. The commission shall hold not less than four (4) meetings during each calendar year and may hold such special meetings as may be necessary to transact the business of the commission. All meetings shall be called by the chairman, or when requested in writing by any two (2) members of the commission. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 245, sec. 3, effective July 15, 1982. -- Created 1958 Ky. Acts ch. 49, sec. 4.

KRS 171.450 Department procedures and regulations

171.450. Department procedures and regulations (1) The department shall establish: (a) Procedures for the compilation and submission to the department of lists and schedules of public records proposed for disposal; (b) Procedures for the disposal or destruction of public records authorized for disposal or destruction, including appropriate procedures to protect against unauthorized access to or use of personal information as defined by KRS 61.931; (c) Standards and procedures for recording, managing, and preserving public records and for the reproduction of public records by photographic or microphotographic process; and (d) Procedures for collection and distribution by the central depository of all reports and publications, except the Kentucky Revised Statutes editions, issued by any department, board, commission, officer or other agency of the Commonwealth for general public distribution after July 1, 1958. (2) The department shall enforce the provisions of KRS 171.410 to 171.740 by appropriate rules and regulations. (3) The department shall make copies of such rules and regulations available to all officials affected by KRS 171.410 to 171.740 subject to the provisions of KRS Chapter 13A. (4) Such rules and regulations when approved by the department shall be binding on all state and local agencies, subject to the provisions of KRS Chapter 13A. The department shall perform any acts deemed necessary, legal and proper to carry out the duties and responsibilities imposed upon it pursuant to the authority granted herein. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 74, sec. 8, effective January 1, 2015. -- Amended 1984 Ky. Acts ch. 353, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 245, sec. 4, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 92, sec. 34. -- Created 1958 Ky. Acts ch. 49, sec. 5. Legislative Research Commission Note (1/1/2015). 2014 Ky. Acts ch. 74, sec. 10 provided that "the provisions of this Act shall not impact the provisions of KRS 61.870 to 61.884." That proviso applies to this statute as amended in Section 8 of that Act. 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 171.460 Records management survey

171.460. Records management survey In order for proper planning to be accomplished, the department shall cause a records management survey to be conducted in accordance with the regulations issued by the department. History: Amended 1970 Ky. Acts ch. 92, sec. 35. -- Created 1958 Ky. Acts ch. 49, sec. 6.

KRS 171.470 Records management promotion -- Reports

171.470. Records management promotion -- Reports The department is authorized to make continuing surveys of government records and records management and disposal practices and to obtain reports thereon from state and local agencies; to promote, in cooperation with the various state and local agencies, improved records management practices and controls in such agencies, including the central storage or disposition of records not needed by such agencies for their current use; and to report to the Governor semiannually. The department shall submit a biennial report to the General Assembly. History: Amended 1970 Ky. Acts ch. 92, sec. 36. -- Created 1958 Ky. Acts ch. 49, sec. 7.

KRS 171.480 Buildings and facilities

171.480. Buildings and facilities The secretary of the Finance and Administration Cabinet, at the request of the commission, shall have authority to design, build, purchase, lease, maintain, operate, protect, and improve buildings or facilities, including a state archives and records center building, used for the storage of noncurrent records of state and local agencies. The cabinet shall have custody and control of all such buildings and facilities and their contents. History: Amended 1970 Ky. Acts ch. 92, sec. 37. -- Created 1958 Ky. Acts ch. 49, sec. 8, effective June 19, 1958.

KRS 171.490 Repealed, 1962

171.490. Repealed, 1962 Catchline at repeal: Archives and Records Service. History: Repealed 1962 Ky. Acts ch. 106, Art. V, sec. 11. -- Created 1958 Ky. Acts ch. 49, sec. 9.

KRS 171.500 Central depository

171.500. Central depository The department is hereby constituted the central depository for public records. It shall be the duty of all departments, boards, commissions, officers or other agencies of the Commonwealth to supply to the central depository copies of each of their reports and publications issued for general public distribution after July 1, 1958, in the number and in the manner prescribed by rule or regulation promulgated by the department pursuant to KRS 171.450. College, university, and public libraries may be constituted depository libraries by written order of the department. The central depository shall supply copies to such depository libraries in the number and in the manner prescribed by rule or regulation promulgated by the department pursuant to KRS 171.450. History: Amended 1970 Ky. Acts ch. 92, sec. 38. -- Created 1958 Ky. Acts ch. 49, sec. 10, effective June 19, 1958.

KRS 171.510 Advisory groups for commission

171.510. Advisory groups for commission The commission may from time to time appoint advisory groups to more effectively obtain the best professional thinking of the bar, historians, political scientists, accountants, genealogists, patriotic groups, and associations of public officials on the steps to be taken with regard to any particular group or type of records. Effective: June 19, 1958 History: Created 1958 Ky. Acts ch. 49, sec. 11, effective June 19, 1958.

KRS 171.520 Supervision of state and local agencies -- Plan for comprehensive records management system for state government -- Rules and regulations

171.520. Supervision of state and local agencies -- Plan for comprehensive records management system for state government -- Rules and regulations (1) The department shall, with due regard to the program activities of the state and local agencies concerned, prescribe the policies and principles to be followed by state and local agencies in the conduct of their records management programs, and make provisions for the economical and efficient management of records by state and local agencies by analyzing, developing, promoting, and coordinating standards, procedures, and techniques designed to improve the management of records, to insure the maintenance and security of records deemed appropriate for preservation, and to facilitate the segregation and disposal of records of temporary value and by promoting the efficient and economical utilization of space, equipment, and supplies needed for the purpose of creating, maintaining, storing, and servicing records. The department may accept, administer and grant any money appropriated or granted to it, in addition to appropriations from the general fund, for providing and improving records management programs of state and local agencies. (2) To effect the purposes of subsection (1) of this section, the department shall prepare a plan for a comprehensive records management system for Kentucky state government. This plan shall include a proposal for funding through cost allocation or other methods in lieu of a general fund appropriation. The plan shall provide for a records management certification program, to identify state agencies in compliance with records management practices implemented by the department, and shall be completed by July 1, 1987. The plan shall be submitted to the Office of Policy and Management and the Legislative Research Commission for evaluation. (3) The department shall promulgate necessary rules and regulations for the furtherance of this section. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 66, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 172, sec. 1, effective July 13, 1984. -- Amended 1970 Ky. Acts ch. 92, sec. 39. -- Created 1958 Ky. Acts ch. 49, sec. 12, effective June 19, 1958.

KRS 171.530 Retention and recovery of records -- Preservation and availability of certain records for Governor-elect

171.530. Retention and recovery of records -- Preservation and availability of certain records for Governor-elect (1) Except as provided in subsection (2) of this section, the commission shall establish standards for the selective retention of record s of continuing value, and the department shall assist state and local agencies in applying such standards to records in their custody. The department shall notify the head of any such agency of any actual, impending, or threatening unlawful removal, defac ing, alteration, or destruction of records in the custody of such agency that has come to its attention, and initiate action through the agency head or Attorney General for the recovery of such records as shall have been unlawfully removed and for such oth er redress as may be provided by law. (2) (a) For a period of twelve (12) months prior to the date of a gubernatorial inauguration, all documents that are public records as defined in KRS 61.870 shall be preserved for the Governor -elect and his or her gubernatorial transition team if the subject matter includes: 1. Contracts that have been granted, altered, or amended; 2. Appointments to boards and commissions; 3. Permits and licenses granted and revoked; 4. Pardons; 5. Pay raises, promotions, and grade lev el changes of executive branch employees; 6. Litigation; or 7. Any record relating to campaign donations of any kind. (b) On the day after the Governor-elect is determined, the Governor shall make available to the Governor-elect and his or her gubernatorial transition team all public records pertaining to the subjects referenced in paragraph (a) of this subsection. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 178, sec. 15, effective July 15, 2026. -- Amended 1982 Ky. Acts ch. 245, sec. 5, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 92, sec. 40. -- Created 1958 Ky. Acts ch. 49, sec. 13.

KRS 171.540 Inspection of agency records

171.540. Inspection of agency records The department is authorized to inspect or survey the records of any state or local agency, as well as to make surveys of records management and records disposal practices in such agencies, and shall be given full cooperation of officials and employees of agencies in such inspection and surveys; provided, that records, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, shall be inspected or surveyed only in accordance with law, and the rules and regulations of the department. History: Amended 1970 Ky. Acts ch. 92, sec. 41. -- Created 1958 Ky. Acts ch. 49, sec. 14.

KRS 171.550 Processing and servicing records

171.550. Processing and servicing records The department is authorized to establish an interim records center or centers for the storage, processing, and servicing of records of state and local agencies pending their deposit in the State Archives and Records Center or their disposition in any other manner authorized by law, and to establish, maintain and operate centralized microfilming, photostating, indexing, decontamination and lamination and any other records repair and rehabilitation services for state and local agencies. History: Amended 1970 Ky. Acts ch. 92, sec. 42. -- Created 1958 Ky. Acts ch. 49, sec. 15, effective June 19, 1958.

KRS 171.560 Transfer of records

171.560. Transfer of records Subject to applicable provisions of law, the department shall promulgate rules and regulations governing the transfer of records from the custody of one (1) state or local agency to that of another. History: Amended 1970 Ky. Acts ch. 92, sec. 43. -- Created 1958 Ky. Acts ch. 49, sec. 16.

KRS 171.570 Extension of agency retention period

171.570. Extension of agency retention period The department may empower any state or local agency, upon the submission of evidence of the need therefor, to retain records for a longer period than that specified in any approved disposal schedule, or by law but the agency shall report all such actions to the commission at its next meeting for approval or disapproval. History: Amended 1970 Ky. Acts ch. 92, sec. 44. -- Amended 1966 Ky. Acts ch. 255, sec. 160. -- Created 1958 Ky. Acts ch. 49, sec. 17.

KRS 171.580 Historical records

171.580. Historical records The department, whenever it appears to be in the public interest, is authorized: (1) To accept for deposit in the State Archives and Records Center the records of any state or local agency or of the General Assembly that are determined by the department to have sufficient historical or other value to warrant their continued preservation; (2) To direct and effect the transfer to the department of any records that have been in existence for more than fifty (50) years and that are determined by the department to have sufficient historical or other value to warrant their continued preservation, unless the head of the state or local agency which has custody of them certifies in writing to the department that they must be retained in his custody for use in the conduct of the regular current business of the said agency; (3) To direct and effect, with the approval of the head of the originating agency, or its successor, if any, the transfer of records deposited, or approved for deposit, in the State Archives and Records Center to public or educational institutions for special research or exhibit purposes; provided that title to such records shall remain vested in the Commonwealth of Kentucky unless otherwise authorized by law, and provided further such records may be recalled after reasonable notice in writing; (4) To direct and effect the transfer of materials from private sources authorized to be received by the State Archives and Records Center by the provisions of KRS 171.620. History: Amended 1970 Ky. Acts ch. 92, sec. 45. -- Created 1958 Ky. Acts ch. 49, sec. 18.

KRS 171.590 Public nature of records in department's custody

171.590. Public nature of records in department's custody The department shall be responsible for the custody, use, and withdrawal of records transferred to it. All papers, books, and other records of any matters so transferred are public records and shall be open to inspection by any interested person subject to reasonable rules as to time and place of inspection established by the department; provided that whenever any records, the use of which is subject to statutory limitations and restrictions, are so transferred, the department shall enforce such limitations. Restrictions shall not remain in effect after the records have been in existence for fifty (50) years. History: Amended 1970 Ky. Acts ch. 92, sec. 46. -- Created 1958 Ky. Acts ch. 49, sec. 19.

KRS 171.600 Servicing records

171.600. Servicing records The department shall make provisions for the preservation, management, repair and rehabilitation, duplication and reproduction, description, and exhibition of records or related documentary material transferred to it as may be needful or appropriate, including the preparation and duplication of inventories, indexes, catalogs, and other finding aids or guides facilitating their use. History: Amended 1970 Ky. Acts ch. 92, sec. 47. -- Created 1958 Ky. Acts ch. 49, sec. 20.

KRS 171.610 Facilities for public inspection

171.610. Facilities for public inspection The department shall make such provision and maintain such facilities as it deems necessary or desirable for servicing records in its custody that are not exempt from examination by statutory provisions or other restrictions. History: Amended 1970 Ky. Acts ch. 92, sec. 48. -- Created 1958 Ky. Acts ch. 49, sec. 21.

KRS 171.620 Private documents of public interest

171.620. Private documents of public interest The department is authorized, whenever it is deemed to be in the public interest, to accept for deposit: (1) The papers and other historical materials of any Governor of the Commonwealth of Kentucky, or of any other official or former official of the state or its subdivisions, and other papers relating to and contemporary with any Governor or former Governor of Kentucky, subject to restrictions agreeable to the department and the donor; (2) Documents, including motion picture films, still pictures, sound recordings, maps, and papers, from private sources that are appropriate for preservation by the state government as evidence of its organization, functions, policies, and transactions or those of its subdivisions. History: Amended 1970 Ky. Acts ch. 92, sec. 49. -- Created 1958 Ky. Acts ch. 49, sec. 22, effective June 19, 1958.

KRS 171.630 Reproduction fee

171.630. Reproduction fee The department may charge a fee not in excess of ten percent (10%) above the costs or expenses for making or authenticating copies or reproductions of materials transferred to its custody. All such fees shall be paid into a revolving fund for the continuation of such services on as self-sustaining a basis as possible. There shall be no charge for making or authenticating copies or reproductions of such materials for official use by the government of the Commonwealth of Kentucky; provided that reimbursement may be accepted to cover the cost of furnishing such copies or reproductions that could not otherwise be furnished. History: Amended 1970 Ky. Acts ch. 92, sec. 50. -- Created 1958 Ky. Acts ch. 49, sec. 23.

KRS 171.640 Documentation of agency matters -- Standards, rules and regulations

171.640. Documentation of agency matters -- Standards, rules and regulations The head of each state or local agency shall cause to be made and preserved records containing adequate and proper documentation of the organizational functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish information necessary to protect the legal and financial rights of the government and of persons directly affected by the agency's activities. Such documentation shall be created, managed, and preserved in accordance with standards, rules and regulations prescribed by the department under the provisions of KRS 171.410 to 171.740. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 66, sec. 2, effective July 15, 1986. -- Created 1958 Ky. Acts ch. 49, sec. 24.

KRS 171.650 Repealed, 1976

171.650. Repealed, 1976 Catchline at repeal: Public nature of agency records. History: Repealed 1976 Ky. Acts ch. 273, sec. 10. -- Created 1958 Ky. Acts ch. 49, sec. 25.

KRS 171.660 Authorized reproductions -- Disposal of originals

171.660. Authorized reproductions -- Disposal of originals When the Governor, Lieutenant Governor, or any state agency or subdivision or the principal officer thereof shall reproduce and preserve for record any records or papers by photographic, microphotographic, nonerasable optical image, or other process which accurately reproduces the original records, which forms a durable medium, and which is performed in accordance with rules and regulations promulgated by the department, the original may be disposed of or destroyed. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 37, sec. 1, effective July 13, 1990; and ch. 88, secs. 82 and 93, effective July 1, 1992. -- Amended 1986 Ky. Acts ch. 223, sec. 1, effective July 15, 1986. -- Amended 1970 Ky. Acts ch. 92, sec. 51. -- Created 1958 Ky. Acts ch. 49, sec. 26, effective June 19, 1958. Legislative Research Commission Note (7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 82 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

KRS 171.670 Destruction of records

171.670. Destruction of records When there is a question whether a particular record or group of records should be destroyed, the commission shall have exclusive authority to decide whether or not the record or group of records are to be destroyed. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 245, sec. 6, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 92, sec. 52. -- Amended 1962 Ky. Acts ch. 106, Art. V, sec. 4. -- Created 1958 Ky. Acts ch. 49, sec. 27.

KRS 171.680 Records management by agencies

171.680. Records management by agencies (1) The head of each state and local agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. (2) Such program shall provide for: (a) Effective controls over the creation, maintenance, and use of records in the conduct of current business; (b) Cooperation with the department in applying standards, procedures, and techniques designed to improve the management of records; (c) Promotion of the maintenance and security of records deemed appropriate for preservation, and facilitation of the segregation and disposal of records of temporary value; (d) Compliance with the provisions of KRS 171.410 to 171.740 and the rules and regulations of the department; and (e) Compliance with the provisions of KRS 61.931 to 61.934. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 74, sec. 9, effective January 1, 2015. -- Amended 1970 Ky. Acts ch. 92, sec. 53. -- Created 1958 Ky. Acts ch. 49, sec. 28. Legislative Research Commission Note (1/1/2015). 2014 Ky. Acts ch. 74, sec. 10 provided that "the provisions of this Act shall not impact the provisions of KRS 61.870 to 61.884." That proviso applies to this statute as amended in Section 9 of that Act.

KRS 171.690 Storage of agency records

171.690. Storage of agency records Whenever the head of a state or local agency determines that substantial economies or increased operating efficiency can be effected thereby, he shall provide for the storage, processing and servicing of records that are appropriate therefor in the records center maintained and operated by the department or, when approved by the department in such location maintained and operated by the head of such agency. History: Amended 1970 Ky. Acts ch. 92, sec. 54. -- Created 1958 Ky. Acts ch. 49, sec. 29.

KRS 171.700 Certification of records

171.700. Certification of records Any official who is authorized to certify to facts on the basis of records in his custody is authorized to certify to facts on the basis of records that have been transferred by him or his predecessors to the department, further provided, that any fee due any official of the state or its subdivisions shall not be eliminated by KRS 171.410 to 171.740. History: Amended 1970 Ky. Acts ch. 92, sec. 55. -- Created 1958 Ky. Acts ch. 49, sec. 30, effective June 19, 1958.

KRS 171.710 Safeguarding agency records

171.710. Safeguarding agency records The head of each state and local agency shall establish such safeguards against removal or loss of records as he shall deem necessary and as may be required by rules and regulations issued under authority of KRS 171.410 to 171.740. Such safeguards shall include making it known to all officials and employees of the agency that no records are to be alienated or destroyed except in accordance with law, and calling their attention to the penalties provided by law for the unlawful removal or destruction of records. Effective: June 19, 1958 History: Created 1958 Ky. Acts ch. 49, sec. 31, effective June 19, 1958.

KRS 171.720 Agency recovery of records

171.720. Agency recovery of records The head of each state and local agency shall notify the department of any actual, impending or threatened unlawful removal, defacing, alteration or destruction of records in the custody of the agency that shall come to his attention, and with the assistance of the department shall initiate action through the Attorney General for recovery of such records as shall have been unlawfully removed and for such other redress as may be provided by law. History: Amended 1970 Ky. Acts ch. 92, sec. 56. -- Created 1958 Ky. Acts ch. 49, sec. 32, effective June 19, 1958.

KRS 171.730 Effect on public accounting and confidential nature of agency records

171.730. Effect on public accounting and confidential nature of agency records Nothing in KRS 171.410 to 171.740 shall be construed as limiting the authority of the State Auditor, or other officers charged with prescribing accounting systems, forms, or procedures or of lessening the responsibility of collecting and disbursing officers for rendering of their accounts for settlement. Nothing in KRS 171.410 to 171.740 shall be construed as changing, modifying or affecting the present law or laws concerning confidential records of any state agency and the use thereof. All such laws remain in full force and effect. History: Created 1958 Ky. Acts ch. 49, sec. 33.

KRS 171.740 General Assembly records

171.740. General Assembly records The Legislative Research Commission shall, unless otherwise directed by the Senate or House of Representatives obtain at the close of each session of the General Assembly all of the noncurrent records of the General Assembly and of each committee thereof and transfer them to the State Archives and Records Center for preservation. History: Created 1958 Ky. Acts ch. 49, sec. 34.

KRS 171.750 Repealed, 2017

171.750. Repealed, 2017 Catchline at repeal: Kentucky Capitol Centennial Commission. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Created 2009 Ky. Acts ch. 43, sec. 1, effective June 25, 2009.

KRS 171.751 Repealed, 2017

171.751. Repealed, 2017 Catchline at repeal: Duties of Kentucky Capitol Centennial Commission. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Created 2009 Ky. Acts ch. 43, sec. 2, effective June 25, 2009.

KRS 171.752 Repealed, 2017

171.752. Repealed, 2017 Catchline at repeal: Expiration of Kentucky Capitol Centennial Commission. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Created 2009 Ky. Acts ch. 43, sec. 3, effective June 25, 2009.

KRS 171.755 Repealed, 2017

171.755. Repealed, 2017 Catchline at repeal: Kentucky War of 1812 Bicentennial Commission. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 69, sec. 10, effective June 24, 2015. -- Created 2010 Ky. Acts ch. 68, sec. 1, effective July 15, 2010.

KRS 171.757 Repealed, 2017

171.757. Repealed, 2017 Catchline at repeal: Commission's powers. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 68, sec. 2, effective July 15, 2010.

KRS 171.780 Definitions for KRS 171.780 to 171.788

171.780. Definitions for KRS 171.780 to 171.788 As used in KRS 171.780 to 171.788, unless the context otherwise requires: (1) "Commission" means the Kentucky Military Heritage Commission. (2) "Military heritage" means any peacetime, wartime, or other military activity engaged in by any or all of the thirteen (13) original colonies prior to the creation of the United States, activities engaged in by the United States, activities engaged in by the Confederate States of America, and activities of the Kentucky Militia, the Kentucky National Guard, the Kentucky Air National Guard, and any other military, quasi-military, or partisan unit operating under the jurisdiction of the Commonwealth, or which operated within the Commonwealth. It includes, but is not limited to, the activities of any person who was born in Kentucky, who was a resident of Kentucky, or whose remains are interred in Kentucky as well as the activities of formal or informal military units, paid or volunteer. (3) "Military heritage site" means any historic geographic site of military heritage significance declared as such by the commission, pursuant to KRS 171.782, 171.784, and 171.786. (4) "Military heritage object" means any building, fortification, statue, monument, marker, work of art, flag, aircraft, field piece, item of military equipment, weapon, or other physical object of military heritage significance declared as such by the commission, pursuant to KRS 171.782, 171.784, and 171.786, including but not limited to buildings, sites, and other landmarks. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 40, sec. 1, effective July 15, 2002.

KRS 171.782 Kentucky Military Heritage Commission -- Membership -- Request for designation of sites and objects -- Administrative regulations -- Funding -- Employees

171.782. Kentucky Military Heritage Commission -- Membership -- Request for designation of sites and objects -- Administrative regulations -- Funding -- Employees (1) The Kentucky Military Heritage Commission is hereby established as an independent agency of the Commonwealth of Kentucky which is attached to the Kentucky Heritage Council for administrative and support purposes. The Heritage Council may request and receive additional administrative aid and support from the Kentucky Historical Society, the Department of Military Affairs, the Commission on Military Affairs, and the Department of Veterans' Affairs. (2) The Kentucky Military Heritage Commission shall consist of the adjutant general, the executive director of the Kentucky Historical Society, the state historic preservation officer, the executive director of the commission on Military Affairs, and the commissioner of the Department of Veterans' Affairs or their designees, whose names shall be provided in writing. (3) The commission shall receive requests for designation of a geographic site as a military heritage site and for designation of an object as a military heritage object in accordance with KRS 171.780 to 171.788 and the administrative regulations promulgated thereunder. (4) The commission shall promulgate administrative regulations necessary to carry out KRS 171.780 to 171.788 and to protect military heritage sites and military heritage objects. (5) The commission may seek funding from any source, public or private, and may expend funds for the operation of the commission and for the protection of military heritage sites and military heritage objects. (6) The commission may employ such persons as it deems necessary, consistent with available funding, to carry out the duties of the commission. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 69, sec. 11, effective June 24, 2015. -- Amended 2006 Ky. Acts ch. 194, sec. 4, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 40, sec. 2, effective July 15, 2002.

KRS 171.784 Nomination of locations and objects for military heritage designation -- Rescission

171.784. Nomination of locations and objects for military heritage designation -- Rescission (1) Any person or organization may nominate a geographic location for designation as a military heritage site or to rescind a designation as a military heritage site. (2) Any person or organization may nominate an object for designation as a military heritage object or to rescind a designation as a military heritage object. (3) Private property shall not be designated as a military heritage site or as a military heritage object unless: (a) The nomination is made by the owner of the property if held by a single owner or by all owners of the property if the property is held jointly; or (b) The nomination is approved, in writing, by the owner of the property if held by a single owner or by all owners of the property if the property is held jointly. (4) The commission shall promulgate administrative regulations with regard to the process of designation of a military heritage site and a military heritage object and the characteristics of a qualifying site and qualifying object. (5) The commission shall meet not less than two (2) times per year to act upon nominations of geographic locations proposed as military heritage sites and nominations of objects as military heritage objects. The commission at any meeting may also act on requests to rescind any designation of a military heritage site or military heritage object. (6) To designate a site as a military heritage site or to designate an object as a military heritage object requires a majority vote of the members of the commission. (7) To rescind the designation of a site as a military heritage site or to rescind the designation of an object as a military heritage object requires a unanimous vote of the members of the commission. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 40, sec. 3, effective July 15, 2002.

KRS 171.786 Meaning of military heritage designation -- Administrative regulations

171.786. Meaning of military heritage designation -- Administrative regulations (1) Designation of an historic geographic site as a military heritage site means that the site cannot be destroyed, removed, or significantly altered, other than for repair or renovation without the written consent of the commission. (2) Designation of an object as a military heritage object means that the object cannot be destroyed, removed, sold, or significantly altered, other than for repair or renovation or temporary loan not exceeding one (1) year without the written consent of the commission. (3) The commission shall promulgate administrative regulations defining permitted and forbidden activities relating to military heritage sites and military heritage objects and which activity requires either written permission of the commission or action by the commission to rescind the designation of the site as a military heritage site or rescind the designation of the object as a military heritage object. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 40, sec. 4, effective July 15, 2002.

KRS 171.788 Penalties for destruction or alteration

171.788. Penalties for destruction or alteration (1) Destruction, removal, sale, gift, loan, or significant alteration of a site designated as a military heritage site without the written approval of the commission or the commission's rescinding the designation of the site as a military heritage site is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense. (2) Destruction, removal, sale, gift, loan, or significant alteration of an object designated as a military heritage object without the written approval of the commission or the commission's rescinding the designation of the object as a military heritage object is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense. (3) The provision of this section shall not apply to repair, restoration, and temporary loan activities which are permitted by KRS 171.786. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 40, sec. 5, effective July 15, 2002.

KRS 171.800 Kentucky African-American Heritage Commission -- Members -- Officers -- Meetings -- Funding -- Program established

171.800. Kentucky African-American Heritage Commission -- Members -- Officers -- Meetings -- Funding -- Program established (1) The Kentucky African-American Heritage Commission is hereby established to perform the functions specified in KRS 171.805. (2) The membership of the commission shall consist of three (3) ex officio members and seventeen (17) members who derive from geographically diverse areas of the state and who represent various heritage interests as follows: (a) The secretary of the Tourism, Arts and Heritage Cabinet, or the secretary's designee to serve ex officio; (b) The president of Kentucky State University, or the president's designee to serve ex officio; (c) The director of the Kentucky Heritage Council, or the director's designee to serve ex officio; (d) Four (4) members from institutions of higher education; (e) One (1) member from the preservation community; (f) One (1) member from the arts community; and (g) Eleven (11) members from the public-at-large. (3) Appointed members shall be appointed by the Governor and shall serve for terms of four (4) years. Any vacancies shall be filled by appointment of the Governor for the remainder of the unexpired term. (4) Commission members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. (5) From the commission membership, the Governor shall appoint a chairman and a vice chairman of the commission. The commission may elect by majority vote other officers deemed necessary. (6) The commission shall meet at the call of the chairman, but not less often than three times during each calendar year. A majority of the members appointed to the commission shall constitute a quorum. (7) The commission shall be attached to the Kentucky Heritage Council for administrative purposes. (8) The commission may accept grants or raise funds from any available source, public or private, to accomplish its duties and responsibilities. Committees may be formed at the discretion of the chairman. (9) The African-American Heritage Program is established as a branch within the Kentucky Heritage Division, whose responsibilities shall include providing staff services needed to perform its duties under KRS 171.805. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 16, sec. 47, effective June 25, 2009. -- Created 1996 Ky. Acts ch. 241, sec. 2, effective July 15, 1996. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 171.805 Purpose of commission -- Duties and functions

171.805. Purpose of commission -- Duties and functions (1) The Kentucky African-American Heritage Commission shall be dedicated to the preservation and protection of all meaningful vestiges of Kentucky's African- American heritage. (2) The duties and functions of the commission shall be to: (a) Advise the secretary of the Tourism, Arts and Heritage Cabinet and agencies within the cabinet on matters relating to African-American heritage; (b) Encourage other public and private agencies within the areas of the arts, the humanities, and the sciences to incorporate the African-American influence when developing programs on the history and heritage of Kentucky; (c) Represent a network of groups and individuals interested or involved in promoting awareness of African-American heritage in Kentucky; (d) Advocate the preservation, conservation, and interpretation of significant buildings, sites, neighborhoods, documents, artifacts, and lifeways that represent and embody African-American heritage; (e) Recognize and sanction projects which advance wider knowledge of African- Americans' impact on life in Kentucky; and (f) Coordinate an initiative to protect, preserve, and promote the history of the Underground Railroad in Kentucky, in accordance with KRS 171.812. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 16, sec. 48, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 112, effective July 12, 2006. -- Amended 2003 Ky. Acts ch. 11, sec. 4, effective June 24, 2003. -- Created 1996 Ky. Acts ch. 241, sec. 3, effective July 15, 1996.

KRS 171.810 Definitions for KRS 171.810 to 171.814

171.810. Definitions for KRS 171.810 to 171.814 As used in KRS 171.810 to 171.814: (1) "Commission" means the Kentucky African-American Heritage Commission. (2) "Underground Railroad" means the escape of African-American slaves from or through Kentucky. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 80, sec. 14, effective June 29, 2017. -- Created 2003 Ky. Acts ch. 11, sec. 1, effective June 24, 2003.

KRS 171.812 Underground Railroad initiative

171.812. Underground Railroad initiative The commission shall coordinate Kentucky's Underground Railroad initiative in accordance with KRS 171.805. The commission's duties as they relate to this initiative shall include but not be limited to the following: (1) Undertake a comprehensive statewide inventory of historic sites related to the Underground Railroad, and implement a master plan for site protection and development; (2) Encourage and assist the state preservation officer within the Kentucky Heritage Council to nominate significant historical sites of the Kentucky Underground Railroad to the national and state registers of historic places; (3) Develop and operate, in conjunction with the Tourism, Arts and Heritage Cabinet, a program of public information, education, and promotion of the history of the Underground Railroad in Kentucky, to include but not be limited to implementing and maintaining a Web site connected to the Tourism, Arts and Heritage Cabinet; (4) Coordinate with local, state, and federal authorities in project planning that may affect Underground Railroad sites in Kentucky and neighboring states; (5) Present to the secretary of the Tourism, Arts and Heritage Cabinet an annual report and plan for future action; and (6) Pursue public and private funds to carry out the duties set forth in this section. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 80, sec. 15, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 16, sec. 49, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 37, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 11, sec. 2, effective June 24, 2003. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 171.814 Repealed, 2017

171.814. Repealed, 2017 Catchline at repeal: Underground Railroad Advisory Council -- Members -- Duties -- Meetings. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 69, sec. 12, effective June 24, 2015. -- Amended 2009 Ky. Acts ch. 11, sec. 57, effective June 25. 2009; and ch. 16, sec. 50, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 113, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 95, sec. 38, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 11, sec. 3, effective June 24, 2003.

KRS 171.816 Duties of Tourism, Arts and Heritage Cabinet relating to history of Underground Railroad in Kentucky -- Annual report

171.816. Duties of Tourism, Arts and Heritage Cabinet relating to history of Underground Railroad in Kentucky -- Annual report The Tourism, Arts and Heritage Cabinet shall be charged with the purpose of protecting, preserving, and promoting the history of the Underground Railroad in Kentucky in accordance with KRS 171.805 and 171.810 to 171.812. The secretary of the Tourism, Arts and Heritage Cabinet shall receive an annual report from the Kentucky African-American Heritage Commission in accordance with KRS 171.812(5), and shall review and submit the annual report to the Governor and the Legislative Research Commission for distribution to the appropriate committees. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 80, sec. 16, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 16, sec. 51, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 114, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 11, sec. 5, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). Although 2003 Ky. Acts ch. 11, sec. 5, indicated that this section was to be codified as a new section of KRS Chapter 12, the statute has been placed in KRS Chapter 171 because, given the subject matter of the section, KRS Chapter 171 is the more logical placement. See KRS 7.136.

KRS 171.820 Kentucky Native American Heritage Commission -- Members -- Officers -- Meetings -- Funding

171.820. Kentucky Native American Heritage Commission -- Members -- Officers -- Meetings -- Funding (1) The Kentucky Native American Heritage Commission is hereby established to promote, in partnership with the Tourism, Arts and Heritage Cabinet, awareness of significant Native American influences within the historical and cultural experiences of Kentucky. (2) The membership of the commission shall consist of seventeen (17) members who derive from geographically diverse areas of the state and who represent various heritage interests as follows: (a) The secretary of the Tourism, Arts and Heritage Cabinet, or the secretary's designee; (b) Three (3) members from institutions of higher learning; (c) Two (2) members from the preservation or archeological communities; (d) One (1) member from the arts community; and (e) Ten (10) members from the public at large, eight (8) of whom shall be of Native American heritage. (3) Members listed in paragraphs (b) to (e) of subsection (2) of this section shall be appointed by the Governor and shall serve for terms of four (4) years. Any vacancy shall be filled by appointment of the Governor for the remainder of the unexpired term. (4) Commission members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. (5) From the commission membership, the Governor shall appoint a chair and vice chair of the commission. The commission may elect by majority vote other officers deemed necessary. (6) The commission shall meet at least three (3) times per year. Notice of the time and location of each meeting shall be provided in writing to each member at least ten (10) days in advance of the meeting. (7) A majority of the members present shall constitute a quorum. (8) Committees may be formed at the discretion of the chair. (9) The commission may seek and accept grants or raise funds from any available source, public or private, to accomplish its duties and responsibilities. (10) The commission shall be attached for administrative purposes to the Kentucky Heritage Council, whose responsibilities shall include but not be limited to designating a staff person to coordinate commission staff needs and providing other staff and services as needed for the commission to perform its duties under KRS 171.822. Effective: July 13, 2004 History:Created 2004 Ky. Acts ch. 49, sec. 1, effective July 13, 2004. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 16, relating to the creation and organization of the Tourism, Arts and Heritage Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 171.822 Duties of Kentucky Native American Heritage Commission

171.822. Duties of Kentucky Native American Heritage Commission The duties of the Kentucky Native American Heritage Commission shall be to: (1) Advise the Tourism, Arts and Heritage Cabinet, the Kentucky Heritage Council, and the Kentucky General Assembly on matters relating to Native American heritage; (2) Encourage other public and private agencies within the areas of the arts, humanities, and sciences to incorporate the Native American influence when developing programs on the history and heritage of Kentucky; (3) Represent a network of groups and individuals interested, or actively involved, in promoting awareness of Native American heritage in Kentucky; (4) Support the preservation, conservation, and interpretation of significant buildings, sites, structures, documents, artifacts, and lifestyles that represent and embody Native American heritage; and (5) Recognize and sanction projects that advance wider knowledge of Native Americans' contributions to, and influence and impact on, life in Kentucky. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 16, sec. 52, effective June 25, 2009. -- Created 2004 Ky. Acts ch. 49, sec. 2, effective July 13, 2004. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 171.830 Definitions for KRS 171.830 to 171.849

171.830. Definitions for KRS 171.830 to 171.849 As used in KRS 171.830 to 171.849, unless the context otherwise requires: (1) "Loan" means a deposit of property in a museum not accompanied by a transfer of title to the property, whether or not such deposit is accompanied by an oral or written agreement or other documentation; (2) "Museum" means an institution located in Kentucky and operated by a nonprofit corporation, the Commonwealth of Kentucky, a city, a county, an urban-county, or a charter county, primarily for educational, scientific, aesthetic, historic, or preservation purposes, and which owns, cares for, exhibits, studies, archives, or catalogues property. Museums shall include, but not be limited to, traditional museums, historical societies, historic sites or landmarks, parks, monuments, and libraries; (3) "Museum records" means documents created or held by a museum in its regular course of business; (4) "Property" means a tangible object, under a museum's care, which has intrinsic historic, artistic, scientific, or cultural value; and (5) "Tangible objects" shall include, but not be limited to, manuscripts, letters, correspondence, writings, notes, ledgers, accounts, charts, maps, photographs, drawings and similar renderings, and personal property, regardless of the medium in which an object is held. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 1, effective July 15, 1996.

KRS 171.833 Notification of provisions of KRS 171.830 to 171.849 to owner-lender by museum

171.833. Notification of provisions of KRS 171.830 to 171.849 to owner-lender by museum No later than forty-five (45) days after a museum receives a loan of property, the museum shall mail the provisions of KRS 171.830 to 171.849 to the owner, by certified mail, return receipt requested. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 2, effective July 15, 1996.

KRS 171.836 Museum's ability to acquire title to property held by loan or otherwise

171.836. Museum's ability to acquire title to property held by loan or otherwise (1) If property is on loan to a museum pursuant to a loan agreement and the loan term expires, then the museum may initiate proceedings, pursuant to KRS 171.840, to cause title to the property to vest in the museum. (2) After a museum has held property for seven (7) years, other than by the terms of a loan agreement, that museum may initiate proceedings, pursuant to KRS 171.840, to cause title to the property to vest in the museum. (3) This section shall be retroactive. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 3, effective July 15, 1996.

KRS 171.840 Procedure to acquire title under KRS 171.836

171.840. Procedure to acquire title under KRS 171.836 (1) After the provisions of KRS 171.836(1) or (2) have been met, a museum may initiate proceedings pursuant to this section to cause title to the property to vest in the museum. (2) (a) The museum shall attempt to notify the owner, pursuant to this subsection, of its intention to gain title to the property. (b) The museum shall rely on its own records to determine the most recent address of the last known owner. The property owner shall have the responsibility of notifying the museum in writing of the property owner's change of address or a change in ownership of the property. 1. Except as provided in subparagraph 2. of this paragraph, the museum shall mail, by certified mail, return receipt requested, the notice, described in paragraph (d) of this subsection, to the last known owner's last known address. 2. If the museum is unable to identify either a last known owner or an address for that person, the museum shall follow the procedures in paragraph (c) of this subsection to provide notice. (c) If the museum is unable to locate the owner of the property pursuant to paragraph (b) of this subsection, the museum shall follow the publication requirements of this paragraph. The museum shall publish the notice, described in paragraph (d) of this subsection, at least twice each week for two (2) consecutive weeks: 1. In a newspaper published in Kentucky with statewide circulation; 2. In a newspaper published, and with statewide circulation, in the state of the last known address of the last known owner, if that state is known. If the last known address of the last known owner is in Kentucky, the notice shall still be published in two (2) newspapers of statewide circulation; and 3. In a newspaper of less than statewide circulation published in the local area from which the museum acquired the property. (d) The notices referred to in this subsection shall contain: 1. The museum's name, address, and telephone number; 2. A detailed description of the property; 3. The last known owner's name, if that information is available; 4. The last known owner's last known address, if that information is available; 5. A request that all persons who may have any knowledge of the whereabouts of the owner contact the museum and provide the information; and 6. A statement that if written assertion of title is not presented to the museum within six (6) months from the date of the final published notice, the title to the property shall vest in the museum, subject to KRS 171.843. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 4, effective July 15, 1996.

KRS 171.843 Vesting of title in museum when no assertion presented after published notice

171.843. Vesting of title in museum when no assertion presented after published notice (1) If no written assertion of title has been presented to the museum within six (6) months from the date of the final published notice, title to the property shall vest in the museum free from all claims of the owner and all persons claiming under the owner. (2) If title to property has vested in a museum pursuant to this section, a person who acquires that property from a museum also acquires good title. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 5, effective July 15, 1996.

KRS 171.846 Conservation measures for property on loan to museum

171.846. Conservation measures for property on loan to museum (1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to property on loan to the museum pursuant to this section. (2) The museum may apply conservation measures pursuant to this section if: action is required to protect the property on loan or other property in the custody of the museum, or the property on loan is a hazard to the health and safety of the public or the museum staff; and the circumstances described in paragraphs (a) and (b) of this subsection exist. (a) The museum attempts to locate the owner of the property using the method described in KRS 171.840(2)(b), (c), and (d)1., 2., 3., 4., and 5. The required notice shall also state the proposed conservation measures, seek the owner's permission to proceed with the conservation measures, and inform the owner that if he does not come forward within fourteen (14) days after the last published notice and agree to the proposed conservation measures or retrieve the property within seven (7) days after coming forward, then the museum shall proceed with the proposed conservation measures. (b) The owner fails to agree to the proposed conservation measures or to retrieve his property within the time periods specified in paragraph (a) of this subsection. (3) If a museum applies conservation measures pursuant to this section, the museum: (a) Shall acquire a lien on the property in the amount of the costs incurred by the museum; and (b) Shall not be liable for injury or loss of the property if the museum: 1. Had a reasonable belief at the time the conservation occurred that the conservation was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the public or the museum staff; and 2. Exercised reasonable care in the choice and application of conservation measures. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 6, effective July 15, 1996.

KRS 171.849 Kentucky Historical Society to promulgate administrative regulations to implement KRS 171.830 to 171.849

171.849. Kentucky Historical Society to promulgate administrative regulations to implement KRS 171.830 to 171.849 The Kentucky Historical Society shall implement the provisions of KRS 171.830 to 171.849 through the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 368, sec. 7, effective July 15, 1996.

KRS 171.990 Penalties

171.990. Penalties (1) Any person or library board violating any of the provisions of KRS 171.240 to 171.300 shall be fined not less than ten ($10) nor more than one hundred dollars ($100) for each offense. (2) The board for certification of librarians may revoke the certificate of any person violating any of the provisions of KRS 171.240 to 171.300, or any of the regulations as established by the board for certification. (3) Any person knowingly violating the rules and regulations of the department pursuant to the provisions of KRS 171.450, 171.530(2), 171.560, 171.670, 171.710, or 171.720 is guilty of a Class A misdemeanor and is also liable for damages or losses incurred by the Commonwealth. Any state employee who knowingly violates these provisions shall also be subject to dismissal from state employment upon a determination of fact, at a hearing, that a serious violation did occur. The employee's right to appeal to the state personnel board shall not be abridged or denied. In the event of an appeal, the decision of the state personnel board is final. The Attorney General shall have concurrent original jurisdiction to enforce this subsection. (4) State employees dismissed under the provision of subsection (3) of this section shall have the right to reapply for state employment in accordance with state personnel rules governing dismissal. Such individuals shall have the full rights and privileges accorded under applicable equal opportunity laws. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 178, sec. 16, effective July 15, 2026. -- Amended 1982 Ky. Acts ch. 245, sec. 7, effective July 15, 1982. -- Amended 1972 Ky. Acts ch. 223, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618 -130i, 4618-130k.

KRS 171.2001 Legislative intent

171.2001. Legislative intent It is the intent of the General Assembly to establish a method of providing direct state aid to local public libraries in order to assure their continued existence and to enhance their services for the benefit of the citizens of the Commonwealth. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 468, sec. 1, effective July 15, 1986.

KRS 171.3801 Kentucky Heritage Council -- Members -- Officers -- Meetings -- Heritage division-- Reorganization prohibited

171.3801. Kentucky Heritage Council -- Members -- Officers -- Meetings -- Heritage division-- Reorganization prohibited (1) There is established the Kentucky Heritage Council (hereinafter referred to as "the council") which shall perform the functions specified in KRS 171.381. (2) The membership of the council shall consist of not more than sixteen (16) members who have an interest in the preservation and protection of Kentucky's heritage. On or before September 15, 1982, the Governor shall appoint not more than four (4) members for a term of one (1) year, not more than four (4) members for a term of two (2) years, not more than four (4) members for a term of three (3) years, and not more than four (4) members for a term of four (4) years. Thereafter, the Governor shall make all appointments for a term of four (4) years. (3) Council members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. (4) From the council membership the Governor shall appoint a chairman and a vice chairman of the council. The council may elect by majority vote other officers deemed necessary. (5) The council shall meet at the call of the chairman, but not less often than twice during each calendar year. A majority of the members appointed to the council shall constitute a quorum. (6) The council shall be attached to the Tourism, Arts and Heritage Cabinet for administrative purposes. (7) The Heritage Council shall include a heritage division, whose duties shall include providing staff services needed by the Heritage Council in order to perform its duties under KRS 171.381, including but not limited to preserving and protecting buildings, sites and other landmarks associated with the archaeological, cultural, economic, military, national, political and social aspects of Kentucky's history. (8) The heritage division shall be headed by a director appointed by the Governor from a list of three (3) nominees submitted by the Heritage Council; and the Heritage Council and the heritage division shall not be subject to reorganization. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 16, sec. 45, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 36, effective June 20, 2005. -- Amended 1994 Ky. Acts ch. 209, sec. 16, effective July 15, 1994. -- Created 1982 Ky. Acts ch. 396, sec. 38, effective July 15, 1982.

KRS 171.3961 Credit against individual, corporate, and limited liability entity tax for certified rehabilitation to a qualifying certified historic structure within jurisdiction of consolidated local government or urban-county government

171.3961. Credit against individual, corporate, and limited liability entity tax for certified rehabilitation to a qualifying certified historic structure within jurisdiction of consolidated local government or urban-county government (1) For taxable years beginning on or after January 1, 2014, a taxpayer completing a certified rehabilitation to a certified historic structure shall be allowed a credit against the taxes imposed by KRS 141.020 or 141.040 and 141.0401, with the ordering of credits as provided in KRS 141.0205, or KRS 136.505 if: (a) The certified historic structure is located within the jurisdiction of a consolidated local government or urban-county government; (b) The amount of qualified rehabilitation expenses exceeds fifteen million dollars ($15,000,000); (c) The certified historic structure is located within one-half (1/2) mile of a tax increment financing development area which has received at least preliminary approval under KRS 65.490 or 154.30-050; and (d) Substantial rehabilitation of the certified historic structure begins prior to July 1, 2015. (2) (a) The credit shall: 1. Equal the percentage of qualified rehabilitation expenses as provided in KRS 171.397(1)(a) and 171.398; 2. Only apply to the first thirty million dollars ($30,000,000) of qualified rehabilitation expenses; and 3. Be refundable and transferable. (b) Any projects approved for a credit under this section shall not be subject to any caps established by KRS 171.397 and shall not be considered in determining whether the certified rehabilitation credit cap has been met in any year. (3) The taxpayer seeking the credit shall file the applications for preliminary determination and final determination as provided by KRS 171.397(2) and 171.398. (4) The total approved credit shall be available over a four (4) year period and the maximum credit which may be claimed in a taxable year shall not exceed twenty- five percent (25%) of the total approved credit. (5) The provisions of KRS 171.397(9) to (14) and 171.398 shall also apply to this section. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 61, effective April 14, 2026. -- Created 2014 Ky. Acts ch. 102, sec. 20, effective July 15, 2014.

KRS 171.3963 Tax credit for major certified rehabilitation of historic structure

171.3963. Tax credit for major certified rehabilitation of historic structure (1) Prior to December 31, 2021, the council may award one (1) application for preliminary approval of a major certified rehabilitation for a certified historic structure, for a tax credit against the taxes imposed by KRS 141.020 or 141.040 and 141.0401, with the ordering of credits as provided in KRS 141.0205. (2) The major certified rehabilitation shall contain the following characteristics: (a) The certified historic structure was individually listed on the National Register of Historic Places on or before December 31, 1981; (b) The size of the certified historic structure exceeds three hundred thousand (300,000) square feet; (c) The total project costs exceed fifty million dollars ($50,000,000); (d) Substantial rehabilitation of the certified historic structure begins prior to December 31, 2021; and (e) The application for preliminary approval reflects that following the substantial rehabilitation, the certified historic structure will be used as a hotel, tourism destination, or other use supporting or relating to the promotion of tourism to and within the Commonwealth. (3) (a) The credit shall: 1. Equal the percentage of qualified rehabilitation expenses as provided in KRS 171.397(1)(a); 2. Only apply to the first thirty million dollars ($30,000,000) of qualified rehabilitation expenses; and 3. Be refundable and transferable. (b) The project approved for a credit under this section: 1. Shall not be subject to the maximum credits which may be claimed with regard to owner-occupied residential property or other property that is not owner-occupied residential property established by KRS 171.397; but 2. Shall be considered in determining whether the certified rehabilitation credit cap in KRS 171.396 has been met. (4) Any taxpayer seeking the credit shall file the application for preliminary determination and final determination as provided by KRS 171.397(2), without regard to the April 20 and June 30 dates referenced in that section. (5) The total approved credit shall be available over a four (4) year period and the maximum credit which may be claimed in a taxable year shall not exceed twenty- five percent (25%) of the total approved credit. (6) The provisions of KRS 171.397(9) to (14) shall also apply to this section. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 156, sec. 29, effective June 29, 2021; and ch. 203, sec. 12, effective June 29, 2021. Legislative Research Commission Note (6/29/2021). This statute was created in 2021 Ky. Acts ch. 156, sec. 29, but its language was later directed to be replaced by nearly identical language in 2021 Ky. Acts ch. 203, sec.12.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37947Fetched: 10/20/2026

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