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Form a Business

DEPARTMENT OF STATE

KRS tit. III, ch. 14
in effect

KRS 14.010 Head of department

14.010. Head of department The head of the Department of State is the Secretary of State. He shall reside at the seat of government. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4542, 4618-73.

KRS 14.020 Assistant secretary of state

14.020. Assistant secretary of state (1) The Secretary of State, with the approval of the Governor, may appoint an assistant secretary of state, and, with the approval of the Governor, may dismiss him at any time. The assistant, in the absence or disability of the Secretary of State, may do the business of his office in his name. (2) Before acting under his appointment, the assistant shall take the constitutional oath. (3) The Secretary of State shall be responsible for the acts of the assistant. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4541, 4541a.

KRS 14.025 Offices within Department of State -- Duties

14.025. Offices within Department of State -- Duties (1) The Department of State shall be divided into three (3) offices, each headed by an executive director appointed by the Secretary of State pursuant to KRS 12.050. (2) The Office of Administration shall be responsible for fiscal and personnel matters, public documents, legal affairs, and special projects and commissions. (3) The Office of Business Services: (a) Shall be responsible for all functions of the department relating to business filings, including business entity filings and filings under the Uniform Commercial Code, business records, trademarks and service mark registration, notary appointments, and apostilles; and (b) May promulgate administrative regulations in accordance with KRS Chapter 13A in furtherance of its responsibilities. (4) The Office of Elections shall be responsible for assisting the Secretary of State in his or her duties as the chief election official of Kentucky and shall be responsible for candidate filings and collection of filing fees. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 1, effective June 29, 2021. -- Amended 2011 Ky. Acts ch. 29, sec. 2, effective June 8, 2011. -- Created 1982 Ky. Acts ch. 379, sec. 1, effective April 9, 1982.

KRS 14.030 Commonwealth seal, custody of -- Seal of Secretary of State

14.030. Commonwealth seal, custody of -- Seal of Secretary of State The Secretary of State shall keep the seal of the Commonwealth, and a seal of office with the following device: The American eagle, in the center, surrounded by the words "Commonwealth of Kentucky, Office of the Secretary of State." Effective:October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4537.

KRS 14.040 Official acts, how attested

14.040. Official acts, how attested The Secretary of State shall attest the official acts of the Governor under the seal of the Commonwealth. He shall attest his own official acts under his official seal, and may also use the seal of the Commonwealth to attest any certificate by either himself or the Governor in cases where the seal of the Commonwealth is required to entitle the certificate or anything certified by it to be admitted to record or used as evidence or otherwise in any other state; but where the seal of the Secretary of State is required, the use of the seal of the Commonwealth shall not dispense with that requirement. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4538.

KRS 14.050 Custody of public records

14.050. Custody of public records (1) The Secretary of State shall have custody of the books, records, deeds, maps and papers belonging to or deposited in his office, and shall arrange and preserve them. (2) When a certified copy of a record in the office of the Secretary of State is presented as evidence in any court of this state, by mailing under seal to the clerk of the Circuit Court in the county where it is to be used, it shall be prima facie evidence of the contents of the record, and the personal presence of the Secretary of State as a witness is not necessary. Effective: June 14, 1962 History: Amended 1962 Ky. Acts ch. 210, sec. 1, effective June 14, 1962. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4545.

KRS 14.060 Duty when judge removed from office

14.060. Duty when judge removed from office When a judge is removed from office by impeachment or address, the Secretary of State shall so notify in writing the clerk of the court of which he was judge. The notice shall be filed by the clerk in his office, and the order of removal shall be recorded in the Office of the Secretary of State. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4546.

KRS 14.070 Unfinished business of General Assembly

14.070. Unfinished business of General Assembly The Secretary of State, at the close of each session of the General Assembly, shall inspect the papers and documents which remain with the unfinished business, and carefully file in his office such as he considers worthy of preservation, with proper labels designating the session to which they belong. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4544.

KRS 14.080 Interest paid on state bonds

14.080. Interest paid on state bonds The Secretary of State shall each month receive from the secretary of the Finance and Administration Cabinet a report of the interest paid on state bonds, and to whom and when paid, and shall record the report in a well-bound book, and carefully file and preserve it. He shall report to each General Assembly, within the first two (2) weeks of its session, the amount of each monthly payment so reported. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4547.

KRS 14.090 Fees

14.090. Fees (1) The Secretary of State shall charge and collect for the state the following fees: For issuing commission with seal of Commonwealth attached and all necessary forms to a commissioner of foreign deeds ........... $5.00 For issuing remission or respite ................................................................ $2.00 For affixing seal of Commonwealth to all attestations and certificates or furnishing a certified copy of any document by the Secretary of State (per page) ................................ $0.50 and for the certificate and affixing the seal thereto ......................... $5.00 For each warrant of arrest ......................................................................... $2.00 (2) No fee shall be collected for affixing the state seal to a commission issued to any public officer other than commissioner of foreign deeds or notary public, or to a grant, or to a pardon of a felony. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 85, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 18, sec. 93, effective July 15, 1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1748, 4539, 4543. Legislative Research Commission Note. The fee in this section for each filing with the secretary of state required by KRS 355.9-401 has been raised from $3.00 to $8.00 to conform with the amendment to KRS 355.9-401 in 1986 Acts, ch. 204, § 8.

KRS 14.100 Record of fees collected -- Reports

14.100. Record of fees collected -- Reports (1) The Secretary of State shall, in a separate book, keep accurate and itemized account of all fees received by him. (2) He shall report to each session of the General Assembly the amount received in licenses, fees and penalties from corporations and the amount expended by him on account of his duties relating to corporations. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 878, 4548.

KRS 14.105 Acceptance of electronic signatures

14.105. Acceptance of electronic signatures (1) The Secretary of State may accept electronic signatures to meet the filing requirements for a: (a) Corporation as required in KRS Chapter 271B; (b) Nonprofit corporation as required in KRS Chapter 273; (c) Professional service corporation as required in KRS Chapter 274; (d) Limited liability company as required in KRS Chapter 275; (e) Partnership as required in KRS Chapter 362; (f) Partnership as required in Subchapter 1 of KRS Chapter 362; (g) Limited partnership as required in Subchapter 2 of KRS Chapter 362; (h) Cooperative corporations and associations as required in KRS Chapter 272 or 272A; (i) Business trust as required in KRS Chapter 386 or a statutory trust under KRS Chapter 386A; (j) Rural electric and rural telephone cooperative corporation as required in KRS Chapter 279; (k) Unincorporated nonprofit association as required in KRS Chapter 273A; (l) Assumed name filing under KRS Chapter 365; and (m) Filings under KRS Chapter 14A. (2) The electronic signature shall satisfy the requirements set forth in KRS 369.101 to 369.120. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 34, sec. 1, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 160, sec. 133, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 29, sec. 3, effective June 8, 2011. -- Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 41, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 137, sec. 41, effective June 26, 2007. -- Created 2004 Ky. Acts ch. 136, sec. 1, effective July 13, 2004. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, "The specific textual provisions of Sections 1 to 178 of this Act which reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed effective as of June 26, 2007, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text of those sections being unaffected by the provisions of this section."

KRS 14.110 Repealed, 1950

14.110. Repealed, 1950 Catchline at repeal: Compensation of Secretary of State and Assistant. History: Repealed 1950 Ky. Acts ch. 123, sec. 29, effective June 30, 1950. -- Amended 1946 Ky. Acts ch. 26, sec. 1, effective June 19, 1946. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 878, 4540, 4541a.

KRS 14.120 Clerical services

14.120. Clerical services Within the limits of the appropriation of his department, the Secretary of State may employ as many clerks as he deems necessary for the proper performance of his official duties. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 878.

KRS 14.125 Federal qualified elementary and secondary education scholarship tax credit -- Duties -- Administrative regulations -- Fees -- Immunity

14.125. Federal qualified elementary and secondary education scholarship tax credit -- Duties -- Administrative regulations -- Fees -- Immunity (1) Pursuant to 26 U.S.C. sec. 25F(g): (a) The General Assembly hereby designates itself under state law t o make the election on behalf of the Commonwealth with respect to federal tax benefits under 26 U.S.C. sec. 25F; (b) The General Assembly hereby elects that in each calendar year the Commonwealth of Kentucky shall: 1. Participate in the qualified elementar y and secondary education scholarship federal tax credit established under 26 U.S.C. sec. 25F, or any successor program, for individuals who make qualifying contributions to scholarship granting organizations; and 2. Identify scholarship granting organizat ions in the state; (c) The Secretary of State is hereby designated under Kentucky law as the sole official authorized to: 1. Report the state's election to participate in the qualified elementary and secondary education scholarship federal tax credit under 26 U.S.C. sec. 25F; and 2. Submit a list as described in 26 U.S.C sec. 25F(g) and perform other functions necessary to implement the General Assembly's election under paragraph (a) of this subsection; and (d) The Secretary of State shall notify the United States Secretary of the Treasury of the Commonwealth's participation in the qualified elementary and secondary education scholarship federal tax credit and submit the list established by the Secretary of State by January 1 of each year. (2) The Secretary of State shall publish the associated administrative regulations and other applicable guidance issued by the United States Secretary of the Treasury or the Internal Revenue Service on the Secretary of State's w ebsite. (3) The Secretary of State may promulgate administrative regulations in accordance with KRS Chapter 13A necessary to carry out this section. (4) The Secretary of State shall collect a fee from scholarship granting organizations or accept private contributions to pay the necessary costs of administration of this section. All amounts received under this subsection shall be deposited in a restricted fund account, not commingled, and shall be used solely to administer this section. (5) Any immunity under the Eleventh Amendment to the Constitution of the United States is waived under this section. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 4, sec. 1, effective July 15, 2026.

KRS 14.130 Repealed, 1946

14.130. Repealed, 1946 Catchline at repeal: Bond of Secretary of State. History: Repealed 1946 Ky. Acts ch. 27, sec. 20, effective June 19, 1946. -- Created 1944 Ky. Acts ch. 46, sec. 1, effective June 13, 1944.

KRS 14.140 Trust fund to establish, operate, and maintain procedures required by KRS Chapter 275 and KRS 362.555 to 362.605 -- Expiration of section on July 15, 1996

14.140. Trust fund to establish, operate, and maintain procedures required by KRS Chapter 275 and KRS 362.555 to 362.605 -- Expiration of section on July 15, 1996 (1) There is hereby established a trust fund in the Treasury of the Commonwealth for use by the Secretary of State. The Secretary of State shall use the trust fund solely to establish, operate, and maintain procedures required by KRS Chapter 275 and KRS 362.555 to 362.605. The Secretary of State may request, and the request shall be honored, that the funds be invested and reinvested to establish, operate, and maintain procedures required by KRS Chapter 275 and KRS 362.555 to 362.605. (2) The trust fund shall be credited with fees generated pursuant to KRS 275.055 and 362.555(3) as well as income from the investment and reinvestment of funds in the trust fund. (3) The provisions of this section shall expire two (2) years from July 15, 1994. At that time, funds remaining in the trust fund shall revert to the general fund. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 389, sec. 108, effective July 15, 1994. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, A, 15, (1) at 2056. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, F, 3, (4) at 2082.

KRS 14.150 Repealed, 2001

14.150. Repealed, 2001 Catchline at repeal: Kentucky Lien Information System. History: Repealed 2001 Ky. Acts ch. 119, sec. 17, effective July 1, 2001. -- Created 1998 Ky. Acts ch. 542, sec. 1, effective July 15, 1998.

KRS 14.210 Repealed, 1962

14.210. Repealed, 1962 Catchline at repeal: Division of Business and Professional Regulation. History: Repealed 1962 Ky. Acts ch. 106, Art. V, sec. 11, effective July 1, 1962. -- Created 1960 Ky. Acts ch. 68, Art. XI, sec. 1, effective March 17, 1960.

KRS 14.220 Repealed, 1962

14.220. Repealed, 1962 Catchline at repeal: Functions of division. History: Repealed 1962 Ky. Acts ch. 106, Art. V, sec. 11, effective July 1, 1962. -- Created 1960 Ky. Acts ch. 68, Art. XI, sec. 2, effective March 17, 1960.

KRS 14.230 Repealed, 1962

14.230. Repealed, 1962 Catchline at repeal: Transfer of funds and facilities to division. History: Repealed 1962 Ky. Acts ch. 106, Art. V, sec. 11, effective July 1, 1962. -- Created 1960 Ky. Acts ch. 68, Art. XI, sec. 3, effective March 17, 1960.

KRS 14.250 One-stop business portal -- Advisory committee -- Assessment, recommendations, and duties

14.250. One-stop business portal -- Advisory committee -- Assessment, recommendations, and duties (1) The Secretary of State, Finance and Administration Cabinet, the Cabinet for Economic Development, and the Commonwealth Office of Technology shall jointly establish a one-stop electronic business portal that shall serve as a single, unified entry point for business owners to access and complete initial and ongoing state services and requirements in relation to the creation or ongoing operation of a business located in the Commonwealth of Kentucky. The agencies identified in this subsection shall coordinate, manage, and implement the portal based on the results of an assessment conducted by the One-Stop Business Portal Advisory Committee under subsection (3) of this section. (2) The One-Stop Business Portal Advisory Committee is hereby established to provide guidance in the creation and implementation of the one-stop business portal. The committee shall consist of the Secretary of State, the secretary of the Governor's Executive Cabinet, the secretary of the Economic Development Cabinet or his or her designee, the secretary of the Finance and Administration Cabinet or his or her designee, the secretary of the Education and Labor Cabinet or his or her designee, the secretary of the Public Protection Cabinet or his or her designee, the secretary of the Transportation Cabinet or his or her designee, the secretary of the Tourism, Arts and Heritage Cabinet or his or her designee, and the secretary of the Energy and Environment Cabinet or his or her designee. The Governor may appoint other members to the committee at his or her discretion. The committee shall be co-chaired by the Secretary of State and the secretary of the Governor's Executive Cabinet. (3) The One-Stop Business Portal Advisory Committee shall prepare an assessment detailing recommendations for the creation, ongoing operation, and management of the one-stop business portal, to be presented to the Governor, the Secretary of State, and the Legislative Research Commission by December 31, 2011. This assessment shall include the following: (a) An estimate of the costs for full implementation of the portal, including those associated with technology, maintenance, sharing agency data, information security, and other start-up costs; (b) An estimate of the costs of establishing and maintaining a call center staffed with persons trained to answer questions and help businesses obtain information and services, along with a recommendation as to where the call center should be located and the number of staff necessary to operate it; (c) Recommendations on the location, design, and functionality of the portal; (d) Recommendations as to the roles of the state agencies identified in subsection (1) of this section regarding the day-to-day operational management of the portal; (e) Recommendations on the time line for developing and testing the portal; (f) Identification of any statutory or regulatory changes that need to be made to existing law to effectuate the portal's functionality; (g) Identification of other state agencies that possess business-related functions and content so that those functions can be added to the portal; (h) Identification of any impediments posed by federal law and recommended ways to address the impediment; (i) A comprehensive analysis of the processes of all state agencies, with a view toward streamlining and reducing the paperwork necessary for businesses to interact with each agency; and (j) Recommendations on the scope of services to be provided by the portal. At a minimum, services shall include: 1. Application and renewal of business-related licenses and fees incident to the start-up and operation of a business; 2. Electronic payment of taxes and related costs imposed by state law incident to the operation of a business; 3. Filing of documents and papers imposed by state law associated with the operation of a business; and 4. Creation of individual electronic accounts for each business which allows the business to monitor its filings, payments, and other business-compliance activities. (4) The One-Stop Business Portal Advisory Committee shall: (a) Ensure that the portal has a Web site and the ability to process new business registrations as handled by the Secretary of State's Office, and will be in a testing phase for the Department of Revenue's tax registration application by December 31, 2012; and (b) Ensure that subsequent and additional online business applications maintained by the Commonwealth shall be evaluated and prioritized. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 12, effective July 1, 2022. -- Created 2011 Ky. Acts ch. 75, sec. 1, effective March 16, 2011. Legislative Research Commission Note (3/16/2011). As created by 2011 Ky. Acts ch. 75, sec. 1, this statute contained a reference to the "Education and Workforce Cabinet" in subsection (2). However, the entity created by Executive Order 2008-530, which was confirmed by the General Assembly in 2009 Ky. Acts ch. 11, is the Education and Workforce Development Cabinet. This manifest clerical or typographical error and a manifest grammatical error in subsection (4) have been corrected in codification by the Reviser of Statutes pursuant to KRS 7.136.

KRS 14.255 Creation of unique Commonwealth business identification number -- Cooperation among state agencies in support of establishment of one-stop electronic business portal -- Timeline

14.255. Creation of unique Commonwealth business identification number -- Cooperation among state agencies in support of establishment of one-stop electronic business portal -- Timeline (1) To help facilitate data sharing between state agencies and as part of the ongoing establishment of a one-stop electronic business portal, the Secretary of State, the Finance and Administration Cabinet, the Cabinet for Economic Development, the Education and Labor Cabinet, and the Commonwealth Office of Technology shall jointly establish a unique Commonwealth business identification number which can be used in filings and services provided by the business portal. (2) By December 31, 2013, the agencies identified in subsection (1) of this section shall: (a) Recommend a timeline for implementing the new business identification numbering system for new business filings; and (b) Establish a five (5) year timeline for all state agencies to utilize the Commonwealth business identification number to facilitate data sharing and continued growth of services provided by the business portal. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 13, effective July 1, 2022. -- Created 2013 Ky. Acts ch. 65, sec. 1, effective June 25, 2013.

KRS 14.260 Safe at Home Program fund

14.260. Safe at Home Program fund (1) The Safe at Home Program fund is hereby created as a separate trust fund in the State Treasury. The Safe at Home Program fund shall consist of amounts received from fees collected pursuant to KRS 23A.208 and 24A.178, amounts received from appropriations, and any other proceeds from gifts, grants, federal funds, or any other funds, both public and private, made available for the purposes of this section. (2) The Safe at Home Program fund shall be administered by the Secretary of State to operate and maintain the Safe at Home Program established in KRS 14.302 and shall not be used for any other purposes. (3) Notwithstanding KRS 45.229, Safe at Home Program fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year. (4) Any interest earnings of the Safe at Home Program fund shall become a part of the Safe at Home Program fund and shall not lapse. (5) Moneys deposited in the Safe at Home Program fund 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. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 172, sec. 1, effective June 29, 2023. -- Amended 2015 Ky. Acts ch. 101, sec. 3, effective June 24, 2015. -- Created 2013 Ky. Acts ch. 118, sec. 17, effective June 25, 2013.

KRS 14.300 Definitions for KRS 14.300 to 14.318

14.300. Definitions for KRS 14.300 to 14.318 As used in KRS 14.300 to 14.318 unless the context otherwise requires: (1) "Address" means a residential street address, school address, or work address of an individual, as specified on the application of an individual to be a program participant under this section; (2) "Applicant" means a person applying for certification in the Safe at Home Program under KRS 14.300 to 14.318; (3) "Application assistant" means a private individual, employee or volunteer of a government agency, or an employee or volunteer of a nonprofit program that provides counseling, referral, shelter, or other specialized service to victims of domestic violence, rape, sexual assault, human trafficking, stalking, or other crimes, who has been designated by the respective agency or program, and who has been trained and registered by the Secretary of State to assist individuals in establishing a safety program and in the completion of program applications; (4) "Criminal offense against a victim who is a minor" has the same meaning as in KRS 17.500; (5) "Domestic violence and abuse" has the same meaning as in KRS 403.720; (6) "Human trafficking" means an offense or attempt to commit an offense as defined in: (a) KRS 529.100; (b) 18 U.S.C. sec. 1589; (c) 18 U.S.C. sec. 1592; (d) 22 U.S.C. sec. 7102(8); (e) 22 U.S.C. sec. 7102(11); or (f) 22 U.S.C. sec. 7102(12); (7) "Program participant" means a person certified as a program participant under KRS 14.300 to 14.318; (8) "Sex crime" means an offense or an att empt to commit an offense defined in: (a) KRS Chapter 510; (b) KRS 530.020; (c) KRS 530.064(1)(a); (d) KRS 531.120; (e) KRS 531.310; (f) KRS 531.320; or (g) Any criminal attempt to commit an offense specified in this subsection, regardless of the penalty for the attempt; (9) "Specified offense" means: (a) Domestic violence and abuse; (b) Stalking; (c) A sex crime; (d) Human trafficking; (e) A criminal offense against a victim who is a minor; (f) A similar federal offense; or (g) A similar offense from anoth er state or territory; and (10) "Stalking" means conduct prohibited under KRS 508.130. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 5, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 172, sec. 2, effective June 29, 2023. -- Created 2013 Ky. Acts ch. 87, sec. 1, effective June 25, 2013.

KRS 14.302 Safe at Home Program -- Designated addresses -- Program open to victims of specified offenses -- Criminal history background check and fingerprinting of Secretary of State employees administering program. (Effective until January 1, 2027)

14.302. Safe at Home Program -- Designated addresses -- Program open to victims of specified offenses -- Criminal history background check and fingerprinting of Secretary of State employees administering program. (Effective until January 1, 2027) (1) The Safe at Home Program is hereby established within the Office of the Secretary of State. (2) The Safe at Home Program shall be operated with the intent to protect victims of: (a) Domestic violence; (b) Human trafficking; (c) Stalking; (d) Sexual assault; (e) Rape; and (f) Other sexual crimes as defined by KRS 17.500. (3) The Safe at Home Program shall authorize the use of designated addresses for victims, their minor children, and all other individuals residing with the victim. (4) The Safe at Home Program shall be open to victims of a specified offense who are United States citizens and residents of Kentucky, without any cost to the program participant. (5) The Secretary of State shall require that each person employed in the Office of the Secretary of State directly responsible for the administration of the Safe at Home Program submit his or her fingerprints to the Department of State. The Department of State shall exchange fingerprint data with the Kentucky State Police and the Federal Bureau of Investigation in order to conduct a criminal history background check of each employee directly responsible for the administration of the program. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 172, sec. 3, effective June 29, 2023. -- Created 2013 Ky. Acts ch. 87, sec. 2, effective June 25, 2013.

KRS 14.304 Individuals who may apply for designated mailing address -- Application -- Certification -- Renewal -- Addresses exempt from disclosure -- Notification of enrollment in program -- Verification card -- Similar programs outside the Commonwealth -- Administrative regulations. (Effective until January 1, 2027)

14.304. Individuals who may apply for designated mailing address -- Application -- Certification -- Renewal -- Addresses exempt from disclosure -- Notification of enrollment in program -- Verification card -- Similar programs outside the Commonwealth -- Administrative regulations. (Effective until January 1, 2027) (1) Upon the creation of the Safe at Home Program, the following individuals may apply to the Secretary of State to have an address designated as his or her mailing address in place of his or her residential address: (a) An adult victim; (b) A parent or guardian acting on behalf of a minor when the minor resides with him or her; (c) A guardian acting on behalf of an incapacitated individual who is a victim of a specified offense; and (d) Any individuals residing with the victim. (2) The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains: (a) A sworn statement, under penalty of perjury, by the appl icant that: 1. The applicant is a victim of a specified offense or resides in the same household as a victim of a specified offense; 2. The applicant fears for his or her own safety or the safety of another person who resides in the same household; and 3. The applicant is not applying for certification as a program participant in order to avoid prosecution for a crime; (b) The mailing address and the phone number or numbers where the applicant can be contacted by the Secretary of State or the Secretary of State's designee; (c) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of a specified offense, jeopardize the applicant's safety, or increase the risk of violence to the applicant or members of the applicant's household; (d) The date the application was prepared, the applicant's signature, and, if applicable, the signature of the application assistant who assisted the applicant in applying to be a program participant; and (e) A designation of the Secretary of State as agent for purposes of service of process and for receipt of first class mail, legal documents, an d certified mail. (3) Applications shall be filed with the Office of the Secretary of State. Applicants may choose to consult with an application assistant for assistance with the application process or apply online directly through the portal designated b y the Secretary of State. (4) Upon the filing of a properly completed application, the Secretary of State shall certify the applicant as a program participant if the applicant is not required to register as a sex offender or is not otherwise prohibited fro m participating in the program. (5) Applicants shall be certified for four (4) years following the date of filing unless the certification is withdrawn or invalidated before that date. The Secretary of State shall send notification of an expiring certification and a renewal form to a program participant at least four (4) weeks prior to the expiration of the program participant's certification. The renewal need only be signed by the applicant and need not be made before an application assistant. The Secretary of State shall promulgate an administrative regulation to establish a renewal procedure. (6) A person who falsely attests in an application that disclosure of the address of the applicant would endanger the safety of the applicant or the safety of the children of the applicant, or the minor or incompetent person on whose behalf the application is made, or household members residing with the applicant, or who knowingly provides false or incorrect information upon making an application may be found guilty of a violation of KRS 523.030. (7) The addresses of individuals applying for entrance into the Safe at Home Program and the addresses of those certified as program participants shall be exempt from disclosure under the Kentucky Open Records Act, KRS 61.870 to KRS 61.884. An agency may not require the program participant to submit any new address that could be used to physically locate the participant. When creating a new public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant's substitute address, unless the Secretary of State has determined that: (a) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter; and (b) This address will be used only for those statutory and administrative purposes. (8) (a) As part of the application process established by the Secretary of State pursuant to subsections (1) and (2) of this section, an applicant may request that state or local agencies be notified that an applicant has been certified and enrolled in the Safe at Home Program. (b) 1. The Secretary of State shall provide to such agencies the address that has been designated by the Secretary of State to serve as the mailing address of the participant; 2. Agencies receiving such notification from the Secretary of State shall change any existing records to reflect the new address submitted under subparagraph 1. of this paragraph; 3. Notifications under this section shall not affect residency designations; and 4. Subparagraph 2. of this paragraph shall not apply to paper records if such records are more than five (5) years old and would be under the normal course of business maintained or archived in the event of an address change. (9) Except as provided for in subsection (10) of this section, if a program participant has notified a person in writing that he or she is a program participant, that person shall not knowingly disclose the program participant's: (a) Name; (b) Home address; (c) Work address; or (d) School address. (10) Any person to whom a program participant has provided written notification that he or she is a program participant may knowingly disclose the program participant's name, and home, work, or school address if that person also lives, works, or goes to school at the address disclosed, or the participant has provided written consent to disclosure of the participant's name, home, work, or school address, for the purpose for which the disclosure will be made. (11) A program participant shall notify the Office of the Secretary of State of a change of address within fourteen (14) days of the change of address. (12) The Secretary of State shall provide verification of an individual's enrollment in the Safe at Home Program, as well as a personalized Safe at Home Program card. The Safe at Home Program verification card shall contain the participant's name, substitute address as designated by the Secretary of State, and any additional information as determined necessary to include by the Secretary of State. (13) Any person relocating or doing business in the Commonwealth of Kentucky who is a participant in a program in another state that is similar to the Safe at Home Program shall be deemed approved for inclusion in the Commonwealth of Kentucky's program for one (1) year. The Secretary of State shall promulgate administrative regulations establishing procedures necessary to recognize similar programs from outside the Commonwealth of Kentucky and enroll their participants. The following exceptions shall apply: (a) If the person is temporarily residing in the Commonwealth of Kentucky, he or she shall be considered a participant in the Safe at Home Program as long as he or she continues participation in such a program of a home state; or (b) If the person is not residing in the Commonwealth of Kentucky but is doing business or engaged in other transactions there, the person shall be considered a participant in the Safe at Home Program as long as he or she continues to participate in a similar program in his or her state of residence. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 172, sec. 4, effective June 29, 2023. -- Amended 2015 Ky. Acts ch. 102, sec. 37, effective January 1, 2016. -- Created 2013 Ky. Acts ch. 87, sec. 3, effective June 25, 2013.

KRS 14.306 Grounds for cancellation of a program participant's certification -- Notice of cancellation -- Appeal -- Voluntary withdrawal from program -- Procedure to ensure that request for withdrawal is legitimate -- Administrative regulations

14.306. Grounds for cancellation of a program participant's certification -- Notice of cancellation -- Appeal -- Voluntary withdrawal from program -- Procedure to ensure that request for withdrawal is legitimate -- Administrative regulations (1) The Secretary of State may cancel certification of a program participant if within fourteen (14) days: (a) From the date of the program participant changing his or her name, the program participant fails to notify the Secretary of State that he or she has obtained a name change; however, the program participant may reapply under his or her new name; or (b) From the date of changing his or her address, the program participant fails to notify the Secretary of State of the change of address. (2) The Secretary of State shall cancel certification of a program participant who applies using false information. (3) The Secretary of State shall cancel certification of a program participant who relocates outside the state of Kentucky. (4) The Secretary of State shall cancel certification of a program participant who is no longer eligible for the program. (5) The Secretary of State shall send notice of certification cancellation to the program participant. The notice of certification cancellation shall set out the reasons fo r cancellation. The program participant has the right to appeal the decision within thirty (30) days under procedures established by the Office of the Secretary of State by administrative regulation. (6) The Secretary of State shall cancel certification of a program participant who is required to register as a sex offender. (7) A program participant may withdraw from the program by providing the Secretary of State with notice of his or her intention to withdraw from the program. The Secretary of State shall promulgate by administrative regulations a secure procedure by which to ensure that the program participant's request for withdrawal is legitimate. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 172, sec. 5, effective June 29, 2023. -- Created 2013 Ky. Acts ch. 87, sec. 4, effective June 25, 2013.

KRS 14.308 Confidentiality of program participant's records -- Exceptions authorizing disclosure

14.308. Confidentiality of program participant's records -- Exceptions authorizing disclosure The Secretary of the State shall not make available for inspection or copying any records in a file of a program participant, other than the address designated by the Secretary of State, except under the following circumstances: (1) If directed by a court order signed by a judge or justice of a court of competent jurisdiction within the Commonwealth of Kentucky; or (2) Upon written request by the chief law enforcement officer of a city or county, or the commander of a Department of Kentucky State Police post or branch, if related to an ongoing official investigation. Requests shall include the reason the information is needed by the law enforcement agency. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 87, sec. 5, effective June 25, 2013.

KRS 14.310 Secretary of State to establish list of state, local, and nonprofit agencies providing counsel and shelter to program participants -- Assistance not to be deemed legal advice -- Training program for application assistants -- Role of application assistants

14.310. Secretary of State to establish list of state, local, and nonprofit agencies providing counsel and shelter to program participants -- Assistance not to be deemed legal advice -- Training program for application assistants -- Role of application assistants (1) The Secretary of State shall establish a list of state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of a specified offense to assist persons applying to be program participants. Any ass istance and counseling rendered to applicants by the Office of the Secretary of State, its designees, or application assistants shall in no way be construed as legal advice. (2) The Secretary of State shall establish a training program for application assi stants. Application assistants shall be required to complete an initial training program and become recertified every three (3) years. (3) The role of an application assistant shall be to explain the Safe at Home Program, assist the applicant in formulating a general safety plan, and direct the applicant to additional support services. It is the responsibility of the applicant to complete the required forms and ultimately determine whether he or she wishes to participate in the program. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 172, sec. 6, effective June 29, 2023. -- Created 2013 Ky. Acts ch. 87, sec. 6, effective June 25, 2013.

KRS 14.312 Program participants to vote by mail-in absentee ballot -- Modification of county clerk's system to safeguard confidentiality of participant's voting records -- No waiver or modification of legal qualifications to vote

14.312. Program participants to vote by mail-in absentee ballot -- Modification of county clerk's system to safeguard confidentiality of participant's voting records -- No waiver or modification of legal qualifications to vote (1) A program participant who is otherwise qualified to vote may register to vote and apply for and submit a mail-in absentee ballot under this section. (2) Using the authority granted under KRS 14.318(1), the State Board of Elections shall design a system allowing a county clerk to shield from public view all voting records of a program participant, including the name and address of a program participant, and allowing a program participant to vote by mail-in absentee ballot. This authority may be used to modify statutory or regulatory requirements that would lead to disclosure of the program participant's name and address, but shall not include authority to waive or modify any other requirements relative to the program participant's qualifications to vote, including age and geographic residency. (3) The program participant may receive mail-in absentee ballots for all elections in the jurisdiction in which that individual resides in the same manner as a person requesting an absentee ballot under KRS 117.085(1)(a). The county clerk shall transmit a mail-in absentee ballot to the program participant at the address designated by the participant in his or her application. (4) Neither the name nor the address of a program participant shall be included in any list of registered voters available to the public, including any list inspected under KRS 116.095. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 87, sec. 7, effective June 25, 2013.

KRS 14.314 Prior custody or visitation orders not affected by program or by this chapter

14.314. Prior custody or visitation orders not affected by program or by this chapter Nothing in this chapter, nor participation in the program created in this chapter, shall affect custody or visitation orders in effect prior to or during program participation. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 87, sec. 8, effective June 25, 2013.

KRS 14.316 Limitation of liability for negligent disclosure of program participant's actual address

14.316. Limitation of liability for negligent disclosure of program participant's actual address No actionable duty or any right of action shall accrue against the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality in the event of negligent disclosure of a program participant's actual address. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 87, sec. 9, effective June 25, 2013.

KRS 14.318 Administrative regulations to be promulgated by State Board of Elections and Secretary of State to implement KRS 14.300 to 14.318

14.318. Administrative regulations to be promulgated by State Board of Elections and Secretary of State to implement KRS 14.300 to 14.318 (1) The State Board of Elections may promulgate administrative regulations to implement KRS 14.312 and 117.085. (2) The Secretary of State may promulgate administrative regulations to implement KRS 14.300 to 14.310, 14.314, and 14.316. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 87, sec. 10, effective June 25, 2013.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37086Fetched: 10/20/2026

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