reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:341 - Rescue aid fund allocation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39F.020(5),
				39F.100(2),
				39F.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.020(5) requires the
				division to administer funds to local rescue squads. This administrative
				regulation establishes the allocation of rescue aid funds.
Section 1. Definition. "Fund" means the
			 rescue aid fund established in
			 KRS
			 39F.100(2).
Section 2. Fund Allocation. The fund shall be
			 allocated as established in subsections (1) through (3) of this section.
(1) Fifteen (15) percent of the total fund
			 appropriated in a state fiscal year shall be allocated for administration and
			 training or may be allocated for minimum equipment or optional
			 equipment.
(2) Fifty (50) percent
			 of the total fund appropriated in a state fiscal year shall be allocated for
			 minimum equipment established in
			 106 KAR 1:350.
(3) Thirty-five (35) percent of the total
			 fund appropriated in a state fiscal year shall be allocated for optional
			 equipment.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:350 - Rescue squad minimum equipment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39F.030(1)(d),
				39F.040(5),
				39F.050(3)(d),
				39F.070(3)(d),
				39F.120(12),
				42.738,
				186.650,
				189.010,
				33 C.F.R. 183
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39F.120(12) requires a
				rescue squad to have the minimum equipment necessary to perform a mission and
				requires the division to promulgate an administrative regulation establishing
				minimum equipment for a rescue squad. This administrative regulation
				establishes the minimum equipment requirements for a rescue squad.
Section 1. Definitions.
(1) "ANSI" means the American National
			 Standards Institute.
(2) "CE" means
			 the European Community.
(3)
			 "County" means county, including urban-county governments and consolidated
			 local governments.
(4) "Equine
			 rescue squad" means a rescue squad utilizing two (2) or more horses, with a
			 minimum of twelve (12) total members.
(5) "Fund" means the rescue aid fund
			 established in
			 KRS
			 39F.100(2).
(6) "High angle rescue service" means any
			 rescue-related activity in which a patient or rescuer is raised or lowered
			 vertically or near vertically by means of a rope or cable, or moved across or
			 up or down a fifty (50) degree or greater slope or grade.
(7) "Mission" means one (1) or more
			 activities in which the rescue squad is involved, and which is listed in the
			 mission statement provided by the rescue squad to the Kentucky Division of
			 Emergency Management.
(8) "NFPA"
			 means the National Fire Protection Association.
(9) "UIAA" means the Union Internationale des
			 Associations d'Alpinisme.
(10)
			 "Vehicle" means:
(a) A motor "vehicle" as
			 defined by
			 KRS
			 189.010(19) that is lawfully
			 operated on the roadways of the commonwealth and that is capable of carrying
			 two (2) or more passengers within an enclosed passenger compartment and
			 carrying the minimum equipment required for the owning rescue squad within an
			 enclosed area;
(b) Any fully
			 enclosed "trailer" as defined by
			 KRS
			 186.650(1) with a cargo
			 capacity of at least 1,200 pounds and in compliance with Section 12(3) of this
			 administrative regulation; or
(c)
			 Any covered or enclosed horse trailer used by a rescue squad that performs
			 search functions for lost or missing persons and utilizes two (2) or more
			 horses and riders to assist in the performance of the search
			 function.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:371 - Rescue aid fund expenditure documentation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39F.140(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.050(2)(m) requires the
				Division of Emergency Management to promulgate administrative regulations to
				implement KRS Chapter 39A through 39F.
				KRS
				39F.140(1) requires a rescue
				squad to document expenditure of rescue aid funds. This administrative
				regulation establishes a procedure for documenting expenditures of rescue aid
				funds by a rescue squad.
Section 1. To
			 document expenditure of rescue aid funds, a rescue squad shall submit the
			 documentation established in
			 KRS
			 39F.140(1) to a local
			 director.
Section 2. A local
			 director, within ten (10) working days of receipt of the materials established
			 in Section 1 of this administrative regulation, shall submit to an area
			 manager:
(1) A completed Local Emergency
			 Assistance Claim Form, KyEM Form 160, incorporated by reference in
			 106 KAR 1:191; and
(2) The documentation received from a rescue
			 squad pursuant to Section 1 of this administrative regulation.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 1 - Disaster and Emergency Services › Section 106 KAR 1:390 - Search and rescue training requirement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39F.040(3),
				39F.050(3)(c),
				39F.070(3)(c),
				39F.120(8),
				39F.200,
				39F.210
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39F.200 and
				39F.210
				authorize the division to establish minimum training requirements for persons
				engaged in search and rescue activities. This administrative regulation
				establishes minimum training requirements for a general rescue squad, or a
				specialized rescue squad, and a local search and rescue coordinator.
Section 1. Definition. "Successfully
			 complete" means to attend or participate in search and rescue training and
			 acquire and submit to a local director a copy of an instructor-provided
			 training completion certificate or record.
Section 2. Minimum training requirements for
			 a local search and rescue coordinator, or a search dog handler, shall be to
			 successfully complete:
(1) A twenty (20) hour
			 division offered search and rescue course or equivalent;
(2) A twenty (20) hour division offered
			 search management course; and
(3)
			 An incident command or incident management system (ICS or IMS) training course
			 of at least eight (8) hours covering the eight (8) component elements of an
			 incident command system or incident management system, to include practical
			 application, and to include a search and rescue module.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 2 - Military Assistance Trust Funds › Section 106 KAR 2:021 - Military Family Assistance Trust Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				36.470,
				36.474,
				36.476
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				36.470 establishes the military family
				assistance trust fund.
				KRS
				36.474(3) through (5)
				require the board to promulgate an administrative regulation establishing the
				maximum amount of grant assistance a person may receive in a twelve (12) month
				period and to establish a need-based application for trust fund grants. This
				administrative regulation establishes the Military Family Assistance Trust Fund
				application process and the maximum amount of grant assistance as required by
				KRS
				36.474.
Section
			 1. Military Family Assistance Trust Fund Board. The board shall
			 receive a report on all funds expended on applications and shall be informed on
			 the reason for any application being disapproved.
Section 2. Application for Trust Funds. Any
			 qualified service member or the service member's Kentucky resident spouse may
			 submit a Kentucky Military Family Assistance Trust Fund Application, DMA 43-1
			 for application of grant funds for a need-based emergency.
Section 3. Payment of Grants.
(1)
(a)
			 Except as established in subsection (2) of this section, the following limits
			 shall apply. A maximum of twenty-five (25) percent of the annual Kentucky state
			 median income (SMI), as prepared by the U.S. Census Bureau, using the most
			 current Census may be approved:
1. For a
			 single application as identified on DMA Form 43-1; and
2. Per fiscal year per service
			 member.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 2 - Military Assistance Trust Funds › Section 106 KAR 2:031 - National Guard Adoption Benefit Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				36.474,
				36.477,
				199.555(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				36.477(8) requires the
				Department of Military Affairs to promulgate administrative regulations to
				implement the Kentucky National Guard Adoption Assistance Program. This
				administrative regulation establishes the requirements for the Kentucky
				National Guard employee adoption assistance program.
Section 1. Kentucky National Guard Adoption
			 Benefit Program Application Procedures.
(1) An
			 eligible member of the Kentucky National Guard applying for funds under
			 KRS
			 36.477 shall submit a completed Kentucky
			 National Guard Adoption Benefit Program Application.
(2) The application shall be submitted to the
			 Department of Military Affairs, along with:
(a) The documentary evidence required by
			 KRS
			 36.477(5);
(b) A copy of the Affidavit of Expenses
			 related to the adoption filed with and approved by the court at the
			 finalization of the adoption; and
(c) The Adoption Reimbursement Request
			 letter.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 2 - Military Assistance Trust Funds › Section 106 KAR 2:040 - Survivor benefits for death of a National Guard or Reserve Component Member

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.315
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.315(7) requires the
				Department of Military Affairs to promulgate an administrative regulation to
				establish the criteria and procedures pertaining to benefits relating to a
				National Guard or Reserve Component member's death in the line of duty. This
				administrative regulation establishes the procedures applicable to a claimant
				who desires to request a hearing concerning a claimant's eligibility for
				benefits pertaining to a National Guard or Reserve Component member's death in
				the line of duty after July 1, 2002.
Section
			 1. Definitions.
(1) "Act in the
			 line of duty":
(a) Means, with respect to a
			 member of the National Guard or Reserve component with a home of record in
			 Kentucky:
1. Except as established in
			 paragraph (b)6. of this subsection, an act or omission to act;
2. A work-related event involving the member;
			 or
3. An external force upon the
			 member while the member is engaged in an action or duty for which the member is
			 obligated or authorized by rule, administrative regulation, condition of
			 employment or service, or law to perform for the National Guard or Reserve
			 component; and
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 3 - National Guard Tuition Award Program › Section 106 KAR 3:010 - Kentucky National Guard Tuition Award Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.001(7),
				164.516,
				164.5161,
				164.5165,
				164.5169,
				10 U.S.C.
				1606,
				20 U.S.C.
				1070a,
				38 U.S.C.
				30,
				32
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				164.5161(2) authorizes the
				Kentucky National Guard Tuition Award Program. 164.5161(4) requires the
				Department of Military Affairs to promulgate an administrative regulation to
				establish eligibility requirements for participation in the Kentucky National
				Guard Tuition Award Program. This administrative regulation establishes
				eligibility requirements for participation in the Kentucky National Guard
				Tuition Award Program.
Section 1.
			 Definitions.
(1) "Award period" means the
			 division of the year established by the educational institution, such as a
			 quarter, semester, trimester, summer session, or other academic term.
(2) "Education office" means the Kentucky
			 National Guard Education Office.
(3) "Educational institution" is defined by
			 KRS
			 164.5161(1).
(4) "Kentucky National Guard" is defined by
			 KRS
			 164.516(2).
(5) "Member" is defined by
			 KRS
			 164.516(3).
(6) "Participant" means a member whose
			 application for tuition under the Kentucky National Guard Tuition Award Program
			 has been approved and for whom funds have been disbursed by the Kentucky Higher
			 Education Assistance Authority to the appropriate educational
			 institution.
(7) "Program" means
			 the Kentucky National Guard Tuition Award Program established by
			 KRS
			 164.516,
			 164.5161,
			 164.5165, and
			 164.5169.
(8) "Satisfactory membership" means the
			 member has:
(a) Not failed the most recent
			 physical fitness test;
(b) Met the
			 height-weight standard;
(c) Met
			 attendance standards for the past twelve (12) months from the date of
			 application, to include no:
1. Unsatisfactory
			 performance; and
2. Absences
			 without leave; and
(d)
			 No restrictions on the member's personnel file that prevent positive personnel
			 actions.
(9)
			 "Simultaneous membership participant" or "SMP" means a person who is
			 simultaneously:
(a) Enrolled in the Reserve
			 Officer Training Corps; and
(b) A
			 member of the Kentucky National Guard.
(10) "Undergraduate degree" means:
(a) A bachelor's degree; or
(b) An associate degree for completion of a
			 course of study in a technical field, such as but not limited to registered
			 nurse, dental hygienist, physical therapy assistant, engineering technology, or
			 business technology.
Kentucky Administrative Regulations › Title 106 - DEPARTMENT OF MILITARY AFFAIRS › Chapter 4 - Military Burial Honors Program › Section 106 KAR 4:020 - Commonwealth of Kentucky Military Burial Honor Guard Trust Fund and Military Burial Honor Guard

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 36.390, 36.392, 36.394, 36.396,  10 U.S.C. 1491
NECESSITY, FUNCTION, AND CONFORMITY: KRS 36.392(1) establishes
				the Military Burial Honor Guard Trust Fund. KRS 36.390(3) requires the Kentucky
				Department of Military Affairs to implement and administer this fund and to
				implement a state burial honor guard program that complies with, and
				supplements, the federal, United States Department of Defense, Military Funeral
				Honors Program as established by  10 U.S.C. 1491. This administrative regulation
				establishes the requirements, policies, procedures, and operational criteria
				for the Military Burial Honor Guard Program.
Section 1. Definitions.
(1) "Casualty Assistance Office" means the
			 designated United States Department of Defense element for civilian funeral
			 directors to request military funeral honor support.
(2) "Eligible veteran" means a Kentuckian who
			 has met the requirements of Section 3 of this administrative
			 regulation.
(3) "Fund" means the
			 Commonwealth of Kentucky Military Burial Honor Guard Trust Fund established by
			 KRS 36.392(1) to appropriate monies for the Military Burial Honor Guard Program
			 activities required by KRS 36.390 through 36.396.
(4) "Military funeral honors authorized
			 provider" means any veteran's service organization or other military or civil
			 entity that has been trained to Department of Defense military funeral honors
			 standards recognized by the Department of Defense to provide military funeral
			 honors.
(5) "Selected reserve"
			 means military units and individuals in each reserve component that
			 participates in paid federal training periods and serves on paid federal active
			 duty for training and includes members and former members of the Kentucky
			 National Guard.
(6) "Military
			 Burial Honor Guard Program Coordinator" means the representative designated by
			 the Adjutant General of Kentucky to implement the Military Burial Honor Guard
			 Program.
(7) "Military Burial Honor
			 Guard Program" means the program, funded by the Military Burial Honor Guard
			 Trust Fund, to render military funeral honors to eligible Kentucky
			 veterans.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 2 - Training Incentives › Section 109 KAR 2:020 - Training incentive

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 64.5275(1), (2), (6), (7), 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 64.5275(6) establishes
				an annual incentive award of $100, adjusted by the consumer price index, for an
				eligible officer who successfully completes an annual forty (40) hour training
				unit, is in continuing service in the same office, and successfully completes
				forty (40) hours of training each subsequent year. The statute requires the
				Department for Local Government to approve and certify each training unit, and
				to promulgate administrative regulations to establish guidelines for approval
				and certification. This administrative regulation establishes guidelines for
				approval and certification of training units qualifying eligible officers to
				obtain annual incentive awards.
Section
			 1. Definitions.
(1) "Department"
			 means the Department for Local Government.
(2) "Division" means the Division of Local
			 Resources, Department for Local Government.
(3) "Director" means the Director of the
			 Division of Local Resources, Department for Local Government.
(4) "Eligible officer" means a:
(a) County judge/executive;
(b) County clerk;
(c) Jailer who operates a full-service jail,
			 as determined by the Department of Corrections;
(d) Jailer who operates a life-safety jail,
			 as determined by the Department of Corrections;
(e) Jailer who is part of a transportation
			 plan;
(f) Jailer who acts as court
			 bailiff;
(g) Sheriff; and
(h) In a county that does not contain an
			 urban-county form of government, a:
1. Justice
			 of the peace who serves on a fiscal court; and
2. County commissioner.
(5) "Life safety jail" means a
			 jail in a county that elects not to hold state prisoners in their jails, as
			 described at KRS 441.055(2), and for which standards are limited to health and
			 life safety.
(6) "Training
			 incentive" the monetary award described at KRS 64.5275(6).
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 4 - County Cemetery Fund › Section 109 KAR 4:020 - Implementation of fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 67.680, 67.682, 381.697
NECESSITY, FUNCTION, AND CONFORMITY: KRS 67.682 mandates that
				the Department for Local Government promulgate administrative regulations
				governing county cemetery boards and creating and administering a Commonwealth
				of Kentucky county cemetery fund. This administrative regulation establishes
				the criteria for receipt of grants from the county cemetery fund.
Section 1. Definitions.
(1) "Department" means the Department for
			 Local Government.
(2) "Division"
			 means the Division of Local Resources, Department for Local
			 Government.
(3) "Director" means
			 the Director of the Division of Local Resources, Department for Local
			 Government.
(4) "Eligible county"
			 means a county which has established a county cemetery board pursuant to KRS 67.680 and this administrative regulation.
(5) "KCPFB" means the Kentucky Cemetery
			 Preservation Fund Board.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 5 - Boards › Section 109 KAR 5:010 - District boards; directors, terms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 147A
NECESSITY, FUNCTION, AND CONFORMITY: KRS 147A.060 requires that
				the composition of the Board of Directors and the terms of its members in each
				district shall be specified by administrative regulation issued by the
				Department for Local Government.
Section
			 1. Definitions.
(1) "Area
			 Development Districts" means the fifteen (15) Area Development Districts as set
			 out in KRS 147A.050.
(2) "Board of
			 Directors" means the boards of directors established in each area development
			 district as set out in KRS 147A.060 to 147A.090.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 7 - Bonds › Section 109 KAR 7:010 - Local government bonds, obligations; marketing assistance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 66
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 66.045
				requires the state-local finance officer to facilitate, through state technical
				and advisory assistance, the marketing of local government bonds and other
				long-term obligations at the lowest possible net interest rate and to require
				such reports from local governments as will enable him adequately to provide
				technical and advisory assistance and maintain the necessary information for a
				complete file on local government debt.
Section
			 1.
(1) Prior to delivery of any
			 bonds, the issuer, fiscal agent, or bond attorney shall give notification to
			 the state-local finance officer in accordance with KRS 66.045 of all bonds to
			 be issued by or on behalf of any local government, except those bond issues
			 specified in Section 2 of this administrative regulation.
(2) Such notification shall include:
(a) The official statement of the terms and
			 conditions of the issue offered for sale.
(b) A certified copy of the resolution of the
			 governing body of the issuing agency which recites the bids received and
			 accepts the successful bid.
(c) The
			 following information, if not contained in the documents specified in
			 paragraphs (a) and (b) of this subsection or if either of those documents are
			 not available:
1. Maturity schedule.
2. Tabulation of all bids received indicating
			 successful bidder.
3. Date of
			 issue.
4. Purpose.
5. Paying agent or agents.
6. Name of successful bidder.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 7 - Bonds › Section 109 KAR 7:020 - Energy conservation projects

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.343, 45A.345-45A.353, 58.600-58.615
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.351 provides that
				it shall be the policy of the Commonwealth to maximize the use of energy
				efficiency measures in the construction, renovation, and maintenance of
				buildings owned by local public agencies defined in KRS 45A.345(9). This
				administrative regulation is necessary to establish procedures to be used by
				cities, counties, urban-county governments, charter county governments, and
				special districts for conducting and approving guaranteed energy savings
				contracts and energy conservation revenue bonds.
Section 1. Definition. "Local government"
			 means a county, urban-county government, charter county government, city or
			 special district.
Section 2.
			 Approval or Report to State Local Debt Officer Required for Energy Conservation
			 Revenue Bonds.
(1) A local government shall:
(a) Receive approval of the state local debt
			 officer pursuant to KRS 58.610(2) prior to issuance of proposed energy
			 conservation revenue bonds in excess of $500,000; and
(b) Report the issuance of all energy
			 conservation revenue bonds to the state local debt officer pursuant to KRS 58.610(3).
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 9 - Development Finance › Section 109 KAR 9:010 - Area Development Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 42.345-42.370
NECESSITY, FUNCTION, AND CONFORMITY: KRS 42.360 requires the
				Department for Local Government to promulgate administrative regulations
				necessary to implement KRS 32.350 and 42.355, regarding capital projects in
				area development districts. This administrative regulation establishes
				procedures relating to implementation of KRS 42.345 to 42.370, including
				submission and approval of proposed capital projects, expenditure of moneys
				from the Area Development Fund and completion of capital projects.
Section 1.
(1) In determining the eligibility of a
			 capital project pursuant to KRS 42.350(2) and (3), the board of directors of
			 each area development district shall give priority consideration to a proposed
			 project which has funds allocated in addition to area development funds and
			 shall consider need and long-term benefits in selection of a project.
(2) The boards of directors of two (2) or
			 more area development districts may propose joint capital projects to be
			 financed by funds allocated to each participating area development
			 district.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 11 - Accounts › Section 109 KAR 11:010 - Reimbursable revenues of local courts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 24A.190-24A.193
NECESSITY, FUNCTION, AND CONFORMITY: KRS 24A.193 requires the
				Department of Local Government to promulgate administrative regulations to
				carry out the provisions of KRS 24A.191 and 24A.192. This administrative
				regulation is to outline the method for distributing such payments.
Section 1. Net reimbursement authorized under
			 KRS Chapter 24A will be paid quarterly. The amount of each distribution shall
			 not exceed twenty-five (25) percent of the net reimbursement. The first
			 distribution will be made on or about January 31, 1978, and distributions will
			 continue each quarter thereafter.
STATUTORY AUTHORITY: KRS 24A.193
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 11 - Accounts › Section 109 KAR 11:030 - Allocation of driving under the influence service fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 189A.050
NECESSITY, FUNCTION, AND CONFORMITY: In addition to all other
				penalties authorized by law, KRS 189A.050 imposes a $150 service fee upon
				persons convicted of driving under the influence of alcohol or other substance
				impairing one's driving ability. This fee is to be used to fund enforcement,
				education and treatment programs provided for under the driving under the
				influence laws, for recordkeeping, and for the support of jails. This
				administrative regulation provides for the allocation of the fee for the
				purposes specified in the act. This administrative regulation also provides the
				procedure for implementing KRS 189A.040(4).
Section
			 1. Circuit clerks shall report to the Department of Local
			 Government and pay into the state treasury the fee imposed by KRS 189A.050 upon
			 persons convicted of driving under the influence of alcohol or other substance
			 impairing driving ability at the time other fees, fines, and forfeitures
			 adjudged in the courts of their counties, are reported and paid into the
			 treasury, as provided in KRS 30A.190.
Section
			 2. Circuit clerks shall remit $100 of the service fee to the
			 Department of Local Government for each person convicted of a first offense of
			 driving under the influence. The offender shall be advised that the remaining
			 fifty (50) dollar service fee will be probated contingent upon utilization by
			 the offender of such sum to pay for approved education and/or treatment
			 services provided for first offenders. Any charges for such services in excess
			 of the fifty (50) dollars shall be paid by the offender. The fifty (50) dollars
			 shall be collected from the offender and paid into the state treasury if the
			 offender declines to participate in an education and/or treatment
			 program.
Section 3. Circuit clerks
			 shall remit the full amount of the service fee to the Department of Local
			 Government for second and subsequent offenders. The offender shall be
			 responsible for all treatment costs.
Section
			 4. The fees shall be allotted quarterly, on a percentage basis, to
			 the agencies, and for the purposes, hereinafter indicated:
(1) Transportation Cabinet - four (4) percent
			 for furnishing copies of driver history records to courts for use in driving
			 under the influence cases.
(2)
			 Cabinet for Human Resources - forty-five (45) percent for costs of treatment
			 programs for indigent offenders.
(3) Justice Cabinet - twenty-six (26) percent
			 for enforcement activities under the provisions of KRS 189A.010.
(4) Department of Local Government -
			 twenty-five (25) percent for distribution to counties in which drunk driving
			 convictions are adjudged to assist in expense of maintaining jails, and which
			 shall be in addition to other jail costs allowed by the state.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 13 - Uniform Financial Information Report › Section 109 KAR 13:010 - Uniform financial information report

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65.900-65.925
NECESSITY, FUNCTION, AND CONFORMITY: KRS 65.905(4) requires the
				Governor's Office for Local Development to prescribe the format of the uniform
				financial information report. This administrative regulation prescribes the
				format that shall be used for the report. This administrative regulation also
				describes the mechanism for initiating the penalty provisions of KRS 65.920 for
				failure to submit the report annually.
Section
			 1.
(1)
(a) Each county, city, or special taxing
			 district which has not completed and submitted a uniform financial information
			 report to Governor's Office for Local Development pursuant to KRS 65.905, shall
			 be notified by mail of its noncompliance.
(b) The notice to a county, city, or special
			 taxing district shall also advise of the possible penalties pursuant to KRS 65.920.
(c) A list of all
			 noncompliant counties, cities, and special taxing districts shall be sent to
			 the Legislative Research Commission, the Kentucky League of Cities, the
			 Kentucky Association of Counties, area development districts, and additional
			 state agencies which may have an interest.
(d) Specific notice shall be sent to the
			 appropriate agencies of government to suspend payments to the listed counties,
			 cities, and special taxing districts.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 15 - County Budget › Section 109 KAR 15:020 - County Budget Preparation and State Local Finance Officer Policy Manual

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 42.495, 43.070, 46.010, 46.020, 64.810, 64.840,
				64.850, 65.117, 65.900-65.925, 65.944, 66.045, 66.480, 67.075-67.077, 68.020,
				68.210, 68.245, 68.250, 68.275, 68.280, 68.300, 68.350, 68.360, 91A.040(6),
				132.010, 132.0225, 132.585, 149.590, 424.220, 424.230, 424.260, 441.135,
				441.215, 441.235
NECESSITY, FUNCTION, AND CONFORMITY: KRS 46.010, 65.117,
				66.045(2), and 68.210 require the Department for Local Government to promulgate
				administrative regulations establishing uniform minimum requirements relating
				to budgeting, reporting, and recordkeeping for debt, receipts, and
				disbursements for local governments and local government officials handling
				public funds. This administrative regulation establishes the standards for
				budgeting, reporting, and recordkeeping for debt, receipts, and disbursements
				for local governments and local government officials handling public
				funds.
Section 1. Applicability.
(1) Each county official shall follow the
			 County Budget Preparation and State Local Finance Officer Policy Manual, which
			 contains, in part, a uniform system of accounts.
(2) County, district, and other local
			 officers and agencies shall follow the County Budget Preparation and State
			 Local Finance Officer Policy Manual for purposes of a uniform system of
			 accounting and reporting on the receipt, use, and handling of public fund,
			 other than taxes, due and payable to the state.
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 16 - Special Purpose Governmental Entities › Section 109 KAR 16:010 - Special purpose governmental entities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65A.010, 65A.020, 65A.030, 65A.040, 65A.050,
				65A.090
NECESSITY, FUNCTION, AND CONFORMITY: KRS 65A.020(3)(a) requires
				the Department for Local Government to promulgate administrative regulations to
				develop standard forms, protocols, timeframes, and due dates for the submission
				of information by special purpose governmental entities. This administrative
				regulation establishes the format for financial disclosure by special purpose
				governmental entities and prescribes the protocols, timeframes, and due dates
				for submission of information by special purpose governmental entities.
Section 1. Definitions.
(1) "Annual revenue" means all revenue, from
			 whatever source, received by the special purpose governmental entity during the
			 most recent fiscal period for which data is available, as reflected in the
			 budget to actual portion of Special Purpose Governmental Entity (SPGE)
			 Financial Disclosure Report, DLG Form SPGE 101, required by Section 4(1) of
			 this administrative regulation.
(2)
			 "Budget" means the estimated revenues and appropriations for a fiscal
			 period.
(3) "DLG" is defined by KRS 65A.010(2).
(4) "Fiscal period"
			 means the fiscal year adopted by the special purpose governmental entity for
			 budgeting purposes.
(5) "Registry"
			 is defined by KRS 65A.010(7).
(6)
			 "Special purpose governmental entity" or "SPGE" is defined by KRS 65A.010(8).
Kentucky Administrative Regulations › Title 109 - DEPARTMENT FOR LOCAL GOVERNMENT › Chapter 17 - County Attorney › Section 109 KAR 17:010 - County attorney annual settlement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 69.370, 64.830
NECESSITY, FUNCTION, AND CONFORMITY: KRS 69.370(3) requires the
				Department for Local Government to promulgate administrative regulations under
				KRS Chapter 13A to provide standardized forms for a county attorney in
				preparing the settlements required under this section and KRS 64.830.
Section 1. Applicability. Beginning on July
			 1, 2023, a county attorney currently in office shall annually file the County
			 Attorney Settlement Form, as required by KRS 69.370.
Section 2. Incorporation by Reference.
(1) The "County Attorney Settlement Form",
			 March 2023, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained, subject to applicable copyright law, at the Department for Local
			 Government, 100 Airport Road, 3rd Floor, Frankfort, Kentucky 40601, Monday
			 through Friday, 8 a.m. to 4:30 p.m. or at
https://kydlgweb.ky.gov/Articles/16_articleView.cfm?NewsID=861
.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 1 - General Administration › Section 200 KAR 1:015 - Data Breach Notification Forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.932,
				61.933
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				42.726(2)(b) authorizes the
				Finance and Administration Cabinet, Commonwealth Office of Technology ("COT")
				to promulgate administrative regulations relating to COT's duties.
				KRS
				61.933 specifically authorizes COT to
				promulgate administrative regulations prescribing forms necessary for
				notification by state agencies and nonaffiliated third parties when they
				suspect or have determined that a breach of personal information that the state
				agency or nonaffiliated third party maintains or otherwise possesses on behalf
				of another agency has occurred.
				KRS
				61.932(2)(b) 2. specifically
				authorizes COT to promulgate administrative regulations prescribing a form to
				be used if law enforcement agencies have requested a delay of notification to
				allow for investigation of the suspected or determined breach. This
				administrative regulation establishes the required forms for notification of a
				suspected or determined breach of personal information or a request to delay
				notification by law enforcement.
Section
			 1. Administrative - Required Forms.
(1) Finance Form FAC-001, Suspected and
			 Determined Breach Notification Form, shall be completed by a state agency or
			 nonaffiliated third party to notify the agency for whom it maintains or
			 otherwise possesses personal information regarding a suspected or determined
			 breach in data.
(2) Finance Form
			 FAC-002, Delay Notification Record, shall be completed by a state agency or
			 nonaffiliated third party if a law enforcement agency has requested a delay of
			 notification to allow for investigation of the suspected or determined
			 breach.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 1 - General Administration › Section 200 KAR 1:016 - Data breach notification forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.931,
				61.932,
				61.933
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				42.726(3)(b) authorizes the
				Finance and Administration Cabinet, Commonwealth Office of Technology (COT) to
				promulgate administrative regulations relating to COT's duties.
				KRS
				61.933 specifically authorizes COT to
				promulgate administrative regulations prescribing the notification form to be
				used by state agencies and nonaffiliated third parties when they suspect or
				have determined that a breach of personal information has occurred with respect
				to personal information that the state agency or nonaffiliated third party
				maintains or otherwise possesses on behalf of another agency.
				KRS
				61.932(2)(b) 2. specifically
				authorizes COT to promulgate administrative regulations prescribing the form to
				be used if a law enforcement agency has requested a delay in notification of a
				security breach to allow for investigation of the breach. This administrative
				regulation establishes the data breach notification forms.
Section 1. Administrative - Required Forms.
(1) Finance Form FAC-001, Suspected and
			 Determined Breach Notification Form, or a form substantially similar thereto,
			 shall be completed by a state agency or nonaffiliated third party to provide
			 written notification of a suspected or determined security breach of personal
			 information collected, maintained, or stored by the agency or nonaffiliated
			 third party.
(2) Finance Form
			 FAC-002, Delay Notification Record, or a form substantially similar thereto,
			 shall be completed by a state agency or nonaffiliated third party if the
			 notification of a suspected or determined breach of personal information
			 collected, maintained, or stored by the agency or nonaffiliated third party has
			 been delayed pursuant to a request from a law enforcement agency or with the
			 approval of the Office of the Attorney General. All documentation related to
			 the delay shall be attached to the form.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 1 - General Administration › Section 200 KAR 1:020 - Access to public records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 61
NECESSITY, FUNCTION, AND CONFORMITY: The Finance and
				Administration Cabinet is authorized by
				KRS
				61.876(3) to promulgate
				uniform rules governing public access to public records maintained by
				administrative agencies of the state government. This administrative regulation
				establishes the general rules to be followed by all state administrative
				agencies in affording public access to their records and by persons applying to
				inspect such records. This amendment adds the word diskettes to the definition
				of "public record" in accordance with Chapter 150, Section 2, 1986 Acts of the
				General Assembly, as requested by the Interim State Government
				Committee.
Section 1. General.
			 Consistent with the provisions of
			 KRS
			 61.870 to
			 61.884,
			 the public records of all administrative agencies of the Kentucky State
			 Government, except as provided in Section 4 of this administrative regulation,
			 shall be open for inspection by any person in accordance with the procedures
			 established by this administrative regulation.
Section 2. Definitions. The following terms
			 shall have the meaning assigned herein:
(1)
			 "State administrative agency" means every program cabinet, department and
			 administrative body of the Kentucky State Government as defined by
			 KRS 12.010, headed
			 by, or whose membership is composed of, persons appointed by the Governor, and
			 their component organizational subdivisions.
(2) "Public record" means all books, papers,
			 maps, photographs, cards, tapes, discs, diskettes, records or other documentary
			 materials prepared, owned, used, in the possession of or retained by a state
			 administrative agency, but does not include any records owned by a private
			 person or corporation in the possession of a state administrative agency or an
			 officer or employee thereof, and not related to any function, activity, program
			 or operation funded by the state.
(3) "Official custodian" means the chief
			 administrative officer of a state administrative agency who by virtue of his
			 position, is responsible for the maintenance, care and keeping of all the
			 public records of his agency, or if so designated in writing by the chief
			 administrative officer of a state administrative agency, the head of each
			 office, bureau, division or other organizational subdivision within a state
			 administrative agency, who is responsible for the maintenance, care and keeping
			 of all the public records of his organizational unit.
(4) "Custodian" means any officer or employee
			 of a state administrative agency having public records in his personal custody
			 and control.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 3 - State-owned Buildings and Grounds › Section 200 KAR 3:010 - Vehicle parking and traffic control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 56
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation establishes the rules for the operation and parking of motor
				vehicles on the grounds of the State Capitol and all other state-owned
				facilities except those exclusively used by and in the custody of any state
				agency authorized by law to control vehicular traffic and parking. The proposed
				amendments to this administrative regulation are for the purpose of correcting
				those deficiencies raised by the Interim Joint Committee on State Government
				during its quadrennial review of this administrative regulation. The proposed
				amendments also clarify the regulatory provisions governing reserved parking at
				state-owned facilities.
Section 1.
			 Parking areas or spaces on state grounds not specifically designated as
			 reserved or restricted as provided in this administrative regulation shall be
			 available for use by all state employees and visitors. Employee and visitor
			 parking in posted parking areas or spaces is prohibited. Unauthorized vehicles
			 parking in these spaces may be removed at the owner's or operator's expense.
			 Privately owned vehicles left overnight may be removed from the grounds at the
			 owner's expense unless authorization for overnight parking has been obtained
			 from the Facilities Security Section, Department of State Police.
Section 2.
(1) Specific parking areas or spaces may be
			 reserved for:
(a) Elected officials and their
			 principal assistants;
(b) Members
			 of the Judiciary;
(c) Members of
			 the Governor's and Lieutenant Governor's staff;
(d) Members of the cabinet and their
			 deputies;
(e) Heads of departments,
			 their deputies, or employees of comparable grade and position;
(f) Emergency vehicles;
(g) Temporarily or permanently handicapped
			 employees; and
(h) State employees
			 who have submitted a written request approved by the head of their respective
			 agency stating a justifiable need for the requested reserved space. These
			 requests shall be subject to the availability of parking space.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 3 - State-owned Buildings and Grounds › Section 200 KAR 3:045 - Monthly meal charges at mansions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				42.035,
				42.037
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				42.035 and
				42.037
				direct that reasonable amounts shall be deducted from the salary or other
				allowance, of the Governor and Lieutenant Governor for the consumption of food
				by them and their families, and of other state employees required by their
				regular duties to receive meals at the Governor's or Lieutenant Governor's
				mansions. This administrative regulation sets forth the maintenance charges to
				be paid by the Governor and the Lieutenant Governor relative to members of
				their families living at the respective mansions and by other state employees
				required by their regular duties to receive meals at the respective
				mansions.
Section 1.
(1) Monthly maintenance charges shall be paid
			 by the Governor, Lieutenant Governor, and all state employees required by their
			 regular job duties to receive meals on a regular basis in the Executive Mansion
			 or the Lieutenant Governor's Mansion.
(2) Payment shall be made by means of a twice
			 monthly deduction from the salary paid on the regular
			 payroll.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:021 - Manual of policies and procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.045(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.045(2) requires
				the Finance and Administration Cabinet to publish a manual of policies and
				procedures, which is to be incorporated by reference as an administrative
				regulation pursuant to KRS Chapter 13A. This administrative regulation
				incorporates the Finance and Administration Cabinet Manual of Policies and
				Procedures.
Section 1. Incorporation
			 by Reference.
(1) "Finance and Administration
			 Cabinet Manual of Policies and Procedures", revised May 2024, is incorporated
			 by reference.
(2) This material may
			 be inspected, copied, or obtained, subject to applicable copyright law, at the
			 Finance and Administration Cabinet, Office of General Counsel, 200 Mero Street,
			 5th Floor, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:00
			 p.m. This material may also be obtained at the Finance and Administration
			 Cabinet's Web site,
https://finance.ky.gov/office-of-the-secretary/office-of-policy-and-audit/Pages/Finance-Policies.aspx
.