CHAPTER 171 State Libraries — Librarians — State Archives and Records

171.010. Organization of Department of Library and Archives; librarian. [Repealed.]

Compiler’s Notes.

This section (4618-129) was repealed by Acts 1954, ch. 42, § 11.

171.015. State law library — Board of trustees — Librarian and assistants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 42, § 1) was repealed by Acts 1976, ch. 61, § 12. For present law, see KRS 27A.200 , 27A.210 .

171.020. Legislative and Law Library; assistant librarian in charge of. [Repealed.]

Compiler’s Notes.

This section (4618-131) was repealed by Acts 1954, ch. 42, § 11.

171.025. Books comprising state law library. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 42, § 2) was repealed by Acts 1976, ch. 61, § 12.

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

There is established a public library facilities construction fund to assist local libraries with debt service payments for new library facilities and library improvements. The Department for Libraries and Archives is authorized to enter into long-term written memoranda of agreement with local libraries or other governing bodies to assist in debt service payments relating to library construction or renovation projects. The agreements shall specify the rights, duties, and obligations of both the local public library, or other governing body, and the department. The department shall promulgate administrative regulations to establish the application process, criteria for selecting projects for assistance, a minimum level of local participation, and the process to be followed in the construction of facilities. The department shall report assistance awards to the Interim Joint Committee on Appropriations and Revenue within thirty (30) days of execution of any memorandum of agreement.

History. Enact. Acts 2000, ch. 504, § 2, effective July 14, 2000.

Research References and Practice Aids

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, D, 6, b, (3) at 1065.

171.030. Trustees of the Legislative and Law Library. [Repealed.]

Compiler’s Notes.

This section (2439-4) was repealed by Acts 1954, ch. 42, § 11.

171.035. Preservation and distribution of Kentucky Reports — Disposition of other books. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 42, § 3; 1968, ch. 152, § 119) was repealed by Acts 1976, ch. 61, § 12.

171.040. Books in library. [Repealed.]

Compiler’s Notes.

This section (2446) was repealed by Acts 1954, ch. 42, § 11.

171.045. Quarters for state law library. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 42, § 4) was repealed by Acts 1976, ch. 61, § 12.

171.050. Duties of librarian. [Repealed.]

Compiler’s Notes.

This section (2444) was repealed by Acts 1954, ch. 42, § 11.

171.055. Duties of librarian. [Repealed.]

Compiler’s Notes.

This section (Acts 1954, ch. 42, § 5) was repealed by Acts 1976, ch. 61, § 12.

171.060. Sale or exchange of books. [Repealed.]

Compiler’s Notes.

This section (2449) was repealed by Acts 1954, ch. 42, § 11.

171.065. Sale, exchange or other disposal of books. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 42, § 6) was repealed by Acts 1976, ch. 61, § 12.

171.070. Books, use and removal of. [Repealed.]

Compiler’s Notes.

This section (2450, 2451; amend. Acts 1954, ch. 42, § 7) was repealed by Acts 1976, ch. 61, § 12.

171.080. Recovery for books not returned and damaged property. [Repealed.]

Compiler’s Notes.

This section (2451, 2453-1; amend. Acts 1954, ch. 42, § 8) was repealed by Acts 1976, ch. 61, § 12.

171.090. College libraries, librarian to furnish certain books. [Repealed.]

Compiler’s Notes.

This section (2450-1; amend. Acts 1966, ch. 255, § 156; 1970, ch. 92, § 31) was repealed by Acts 1976, ch. 61, § 12.

171.100. Exchange of legislative acts. [Repealed.]

Compiler’s Notes.

This section (2457; amend. Acts 1950, ch. 156, § 6; 1954, ch. 42, § 9) was repealed by Acts 1976, ch. 61, § 12.

171.110. Purchase and maintenance of books. [Repealed.]

Compiler’s Notes.

This section (2448; amend. Acts 1954, ch. 42, § 10) was repealed by Acts 1976, ch. 61, § 12.

171.120. Expenditures of librarian; annual report. [Repealed.]

Compiler’s Notes.

This section (2452) was repealed by Acts 1954, ch. 42, § 11.

Department for Libraries and Archives

171.125. Definitions for KRS 171.130 to 171.306.

As used in KRS 171.130 to 171.306 , unless the context requires otherwise:

  1. “Department” means the Department for Libraries and Archives;
  2. “Public library” means a library which is established as the countywide library system by any of the methods provided by KRS Chapter 173; and
  3. “Library materials” means those print, audiovisual, graphic, cartographic, machine readable, and manuscript materials provided by a library for its users.

History. Enact. Acts 1962, ch. 106, Art. VIII, § 1; 1966, ch. 255, § 157; 1974, ch. 74, Art. VIII, B, § 1; 1990, ch. 62, § 1, effective July 13, 1990.

Research References and Practice Aids

Northern Kentucky Law Review.

Comments, Separation of Church and State: Education and Religion in Kentucky, 6 N. Ky. L. Rev. 125 (1979).

171.130. Department for Libraries and Archives — Commissioner.

The Department for Libraries and Archives is established. The department shall be headed by a commissioner whose title shall be state librarian who shall be appointed by and serve at the pleasure of the Governor, and who shall have had technical training in the field of library science.

History. Enact. Acts 1954, ch. 41, § 1; 1962, ch. 106, Art. VIII, § 2; 1980, ch. 188, § 127, effective July 15, 1980; 1982, ch. 381, § 6, effective July 15, 1982.

171.140. General powers and duties.

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

History. 2438c-4; 1990, ch. 62, § 2, effective July 13, 1990.

Opinions of Attorney General.

The Department for Libraries and Archives does not have the power to retrieve the various copies of the Register of Births and Deaths from public libraries for no statute gives such broad supervisory authority to the Department for Libraries and Archives over local public libraries. OAG 91-25 .

Research References and Practice Aids

Cross-References.

Private contributions to be deposited in State Treasury, KRS 41.290 .

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

For the benefit of qualified readers with disabilities of Kentucky, the Department for Libraries and Archives may make available books and other reading matter in Braille, talking books or any other medium of reading used by qualified readers with disabilities. To this end, the department is authorized to provide library services for qualified citizens with disabilities of the Commonwealth through contract, agreement or otherwise with the Library of Congress or any regional library thereof.

History. Enact. Acts 1960, ch. 58; 1974, ch. 8, § 1; 1974, ch. 74, Art. VIII, B, § 1; 1994, ch. 405, § 33, effective July 15, 1994.

171.150. Power to accept money appropriated and granted.

The Department for Libraries and Archives may accept and administer any money appropriated or granted to it, in addition to appropriations to it out of the general fund, for providing, improving, and equalizing public library service, library service to state institutions, and cooperative systems of library service, including cooperative arrangements with public school, college, university, and special libraries in Kentucky, by the federal government or by the state or any other agencies.

History. 2438d-1; amend. Acts 1970, ch. 241, § 1.

Opinions of Attorney General.

The local share of the funds for an area public library, or a portion thereof, cannot be segregated from the other government funds going into the project to be supervised by the Department of Libraries (now Department for Libraries and Archives), because this would be in derogation of the supervisory authority of the Department of Libraries. OAG 69-65 .

State law encourages the Department of Library and Archives (now Department for Libraries and Archives) to promote interstate library cooperation; therefore, participation in the Kentucky Union List of Serials, a list of the periodical magazines held by participating libraries, with libraries without the state is legally permissible. OAG 78-23 .

171.160. State Treasurer to be trustee of funds — Disbursements.

  1. The State Treasurer shall serve as trustee of funds apportioned to the state from any appropriations made by the federal government, the state or any other agency for providing and equalizing public library service in Kentucky.
  2. The Finance and Administration Cabinet shall, on the requisition of the department, authorize the State Treasurer to make disbursement from such funds to such libraries, cities, towns and counties for library service as have been approved and authorized to participate in the benefit of these funds under the terms of the federal acts, and for the payment of salaries and other authorized expenses out of the fund provided by the federal government.

History. 2438d-2.

Research References and Practice Aids

Cross-References.

Private contributions to be deposited in State Treasury, KRS 41.290 .

171.170. Department to cooperate with federal government.

The department shall cooperate, as required by the Acts of Congress providing federal grants to states for library service, with the United States Commissioner of Education in the administration of the provisions of such Acts, employ personnel and do all things necessary to entitle the State of Kentucky to receive the benefits thereof.

History. 2438d-3.

Opinions of Attorney General.

The local share of the funds for an area public library, or a portion thereof, cannot be segregated from the other government funds going into the project to be supervised by the Department of Libraries (now Department for Libraries and Archives), because this would be in derogation of the supervisory authority of the Department of Libraries. OAG 69-65 .

State law encourages the Department of Library and Archives (now Department for Libraries and Archives) to promote interstate library cooperation; therefore, participation in the Kentucky Union List of Serials, a list of the periodical magazines held by participating libraries, with libraries without the state is legally permissible. OAG 78-23 .

171.180. Reports and audits by local libraries and state officials.

All libraries, cities, towns, counties and school districts participating in or benefiting by the provisions of the federal grant for library service or receiving any service from the department, shall make such reports and audits as are required to the State Treasurer, the department, and the United States Commissioner of Education. The State Treasurer and department shall make such reports and audits as may be required by the federal government and the United States Commissioner of Education in respect to the expenditure of federal grants and progress of library service.

History. 2438d-4.

Opinions of Attorney General.

The local share of the funds for an area public library, or a portion thereof, cannot be segregated from the other government funds going into the project to be supervised by the Department of Libraries (now Department for Libraries and Archives), because this would be in derogation of the supervisory authority of the Department of Libraries. OAG 69-65 .

171.190. Merit system of employment to be used.

All appointments of personnel and the tenure thereof to the department and to such libraries, cities, towns, counties and school districts participating in or benefiting by the provisions of the federal grants for library service shall be based on merit without regard to political consideration.

History. 2438d-5.

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

The Department for Libraries and Archives shall make and administer plans to lessen inequalities of opportunity for library service, for the maintenance of an improved cooperative and integrated system of library service throughout the state and for suitable cooperative arrangements between public library systems, school library systems, college and university libraries, special libraries, and other appropriate state agencies. The department may contract with, or provide grants to other public or private institutions or corporations for the purpose of fulfilling the intent of this statute subject to the provisions of KRS Chapters 45 and 45A.

History. 2438d-6; amend. Acts 1966, ch. 184, § 7; 1970, ch. 241, § 2; 1986, ch. 107, § 1, effective July 15, 1986.

171.2001. Legislative intent.

It is the intent of the General Assembly to establish a method of providing direct state aid to local public libraries in order to assure their continued existence and to enhance their services for the benefit of the citizens of the Commonwealth.

History. Enact. Acts 1986, ch. 468, § 1, effective July 15, 1986.

171.201. Public library service appropriations — Public library services improvement and equalization fund — Purposes — Restrictions — Distribution formula.

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

History. Enact. Acts 1952, ch. 114, §§ 1, 5; 1966, ch. 255, § 158; 1972, ch. 223, § 1; 1974, ch. 8, § 2; 1986, ch. 468, § 2, effective July 15, 1986; 1994, ch. 173, § 1, effective July 15, 1994; 1998, ch. 490, § 1, effective July 15, 1998; 2000, ch. 504, § 1, effective July 14, 2000.

Opinions of Attorney General.

KRS 171.203 authorizes the expenditure of the public library service fund for the purchase of local library buildings and such expenditure must be left to the sound discretion of the State Librarian. OAG 69-114 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, D, 6, b, (1) at 874.

171.202. Administration of fund.

The state librarian shall administer the provisions of KRS 171.201 to 171.205 . The secretary of the Finance and Administration Cabinet shall approve expenditures of funds under these sections.

History. Enact. Acts 1952, ch. 114, § 2; 1954, ch. 41, § 2; 1962, ch. 106, Art. VIII, § 3.

Opinions of Attorney General.

KRS 171.203 authorizes the expenditure of the public library service fund for the purchase of local library buildings and such expenditure must be left to the sound discretion of the State Librarian. OAG 69-114 .

171.203. Expenditure of funds.

Any funds appropriated for the purpose of KRS 171.201 to 171.205 shall be expended for aiding in the establishment, extension and development of local public library services through the purchase, lease, or repair of library materials, equipment, furniture, buildings, or bookmobiles and for such other methods and services as will best accomplish the purpose. Funds shall be paid out by the State Treasurer on warrants drawn by the secretary of the Finance and Administration Cabinet on order of the state librarian.

History. Enact. Acts 1952, ch. 114, § 3; 1962, ch. 106, Art. VIII, § 4; 1964, ch. 55, § 1; 1970, ch. 241, § 3; 1990, ch. 62, § 3, effective July 13, 1990.

Opinions of Attorney General.

This section authorizes the expenditure of the public library service fund for the purchase of local library buildings and such expenditure must be left to the sound discretion of the State Librarian. OAG 69-114 .

171.204. Grants in aid to public libraries — Acceptance of federal funds.

To the extent of funds available, grants may be made to qualifying public libraries based on formulas and regulations designed by the Department for Libraries and Archives or provided as special grants for an approved program. The Department for Libraries and Archives may provide partial grants or loans for constructing county or district library buildings or for improving libraries and library services of all types, through such methods and services as will best accomplish this purpose, and may accept federal funds for these purposes.

History. Enact. Acts 1952, ch. 114, § 4; 1962, ch. 106, Art. VIII, § 5; 1964, ch. 55, § 2; 1970, ch. 241, § 4; 1990, ch. 62, § 4, effective July 13, 1990.

171.205. Legislative intent declared.

It is the intention of KRS 171.201 to 171.205 to add to the public library service given by local communities and not to relieve such communities of their responsibilities.

History. Enact. Acts 1952, ch. 114, § 6, effective June 19, 1952.

171.210. Federal laws — Department to give notice of acceptance of.

The department shall transmit to the United States Commissioner of Education official notice of acceptance of the provisions of Acts of Congress and legislative enactment pertaining to the matters specified herein.

History. 2438d-7.

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

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

History. Enact. Acts 1978, ch. 139, § 1, effective June 17, 1978; 1996, ch. 362, § 6, effective July 15, 1996.

Compiler’s Notes.

This section was held unconstitutional by the Kentucky Supreme Court in Fannin v. Williams, 655 S.W.2d 480 ( Ky. 1983 ).

NOTES TO DECISIONS

1. Constitutionality.

This section is unconstitutional in that it directs the expenditure of public funds for educational purposes through nonpublic schools. Fannin v. Williams, 655 S.W.2d 480, 1983 Ky. LEXIS 290 ( Ky. 1983 ).

If the exclusive purpose of this section is to pay the expenses of children in private schools, Ky. Const., § 3 has been directly violated; conversely, if the textbooks also aid in the functioning of the private schools themselves, Ky. Const., §§ 171, 184, 186 and 189 have been violated. Fannin v. Williams, 655 S.W.2d 480, 1983 Ky. LEXIS 290 ( Ky. 1983 ).

171.220. Contracts with government agencies for establishing local library service.

The department may enter into contracts with any local, state or federal governmental agency or authority for the purpose of enabling the establishment and maintenance of a local public library service. The contracting parties may establish such districts or units of library service as they may mutually agree upon. The library service within such districts shall be carried on according to plans approved by the state librarian.

History. 2438d-8.

171.221. Cooperative library services with other states.

The Department for Libraries and Archives is empowered to enter into an agreement with any state for the purpose of providing cooperative library services.

History. Enact. Acts 1974, ch. 8, § 3; 1974, ch. 74, Art. VIII, B, § 1.

Opinions of Attorney General.

State law encourages the Department of Library and Archives (now Department for Libraries and Archives) to promote interstate library cooperation; therefore, participation in the Kentucky Union List of Serials, a list of the periodical magazines held by participating libraries, with libraries without the state is legally permissible. OAG 78-23 .

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

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

History. Enact. Acts 2005, ch. 45, § 2, effective June 20, 2005.

Librarians

171.230. Application of KRS 171.240 to 171.306.

The provisions of KRS 171.240 to 171.306 shall apply to public libraries as defined in KRS 171.125 .

History. 4618-130f; amend. Acts 1972, ch. 223, § 2; 1990, ch. 62, § 5, effective July 13, 1990; 2007, ch. 65, § 4, effective June 26, 2007.

171.240. Board for certification of librarians.

  1. In the Department for Libraries and Archives there shall be a state board for the certification of librarians, composed of the state librarian and five (5) members appointed by the Governor from a list submitted by the board of directors of the Kentucky Library Association. Two (2) members shall be full-time professional librarians in active public library work, two (2) shall be public library trustees and one (1) shall be a professional librarian from a department or school of library science in a state university.
  2. The term of office of each appointive member shall be four (4) years. The first appointive member of the board shall be appointed for terms beginning July 1, 1938; one (1) for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; and two (2) for terms of four (4) years. Vacancies shall be filled by appointment for the unexpired terms in the same manner as original appointments are made. The members shall receive reimbursement for actual and necessary expenses incurred in attending meetings.
  3. The board shall hold at least one (1) meeting each year at a time fixed by the board, and such special meetings as may be determined by the board. A chairman and secretary shall be elected at each annual meeting to serve during the ensuing year.

History. 4618-130b; amend. Acts 1954, ch. 41, § 3; 1966, ch. 82, § 1; 1972, ch. 223, § 3; 1974, ch. 74, Art. VIII, B, § 1; 1978, ch. 154, § 12, effective June 17, 1978; 1982, ch. 381, § 7, effective July 15, 1982; 1988, ch. 288, § 1, effective July 15, 1988.

NOTES TO DECISIONS

Cited:

Alvey v. Brigham, 286 Ky. 610 , 150 S.W.2d 935, 1940 Ky. LEXIS 6 , 135 A.L.R. 1024 ( Ky. 1941 ).

171.250. Certificates of librarianship — To whom granted.

  1. The board shall grant certificates of librarianship to applicants who are graduates of library schools approved by the board and shall grant certificates to other applicants when it has satisfied itself that the applicant is qualified for library work. Applicants shall provide such information as required by the board to determine their qualifications.
  2. The board may issue renewals, determine the positions for which certificates of librarianship shall be required, and adopt rules and regulations for its own government and for carrying out the purposes of KRS 171.230 to 171.306 .
  3. The board may issue certificates to qualified persons who are serving in libraries not supported from public funds.
  4. Librarians who were in service on May 31, 1938, and served one (1) year prior to such date shall be entitled to receive a life certificate in accordance with their qualifications, without examination, upon the payment of prescribed fee.

History. 4618-130c, 4618-130d, 4618-130g; amend. Acts 1972, ch. 223, § 4; 1990, ch. 62, § 6, effective July 13, 1990; 2007, ch. 65, § 5, effective June 26, 2007.

171.260. Certificate required.

No library coming under the provisions of KRS 171.230 to 171.306 shall have in its employ, in the position of librarian, or in any other full-time library service position, a person who does not hold an appropriate certificate of librarianship issued by the board.

History. 4618-130e; 1990, ch. 62, § 7, effective July 13, 1990; 2007, ch. 65, § 6, effective June 26, 2007.

Research References and Practice Aids

Cross-References.

Revolving, trust and agency funds, how created, KRS 45.253 .

171.270. Fee for certificate.

The board shall require a fee of not less than five dollars ($5) nor more than twenty dollars ($20) to be paid by each applicant for a librarian’s certificate.

History. 4618-130h; 2007, ch. 65, § 1, effective June 26, 2007.

171.280. Librarian’s certification fund.

The revolving fund established by the branch budget bill, consisting of all moneys collected under the provisions of KRS 171.230 to 171.306 shall be designated as the librarian’s certification fund. All money credited to the fund shall be used for the support of the Board for Certification of Librarians, and for the purposes of KRS 171.230 to 171.306 .

History. 4618-130j; amend. Acts 1982, ch. 450, § 73, effective July 1, 1983; 1990, ch. 507, § 23, effective July 13, 1990; 2007, ch. 65, § 2, effective June 26, 2007.

171.290. Revocation of certificates — Notice.

In a proceeding to revoke a certificate of librarianship under the provisions of KRS 171.990(2), written notice of the proposed action shall be delivered in person, or forwarded by certified mail, return receipt requested, to the holder of the certificate at his last known post-office address, stating the cause for the contemplated action together with a copy of the charges and appointing a time and a place for the hearing by the board. The hearing shall be conducted in accordance with KRS Chapter 13B.

History. 4618-130K; amend. Acts 1974, ch. 315, § 20; 1980, ch. 114, § 28, effective July 15, 1980; 1996, ch. 318, § 57, effective July 15, 1996.

171.300. Hearings to reconsider applications.

The board shall grant hearings, to be conducted in accordance with KRS Chapter 13B, for the purposes of reconsidering applications and awards if the applicant files with the board, within twenty (20) days of issuance of or refusal to issue a certificate, a petition for a hearing.

History. 4618-130L; 1996, ch. 318, § 58, effective July 15, 1996.

171.303. Library science scholarships — Library Science Scholarship Fund Advisory Committee.

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

History. Enact. Acts 1962, ch. 106, Art. VIII, § 6; 1966, ch. 81, § 1; 2003, ch. 131, § 1, effective June 24, 2003.

171.306. Obligations of library science scholarship recipient.

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

History. Enact. Acts 1962, ch. 106, Art. VIII, § 7; 1970, ch. 241, § 5; 2003, ch. 131, § 2, effective June 24, 2003.

Opinions of Attorney General.

This section does not restrict the scholarship program to regional libraries and an applicant who contracts to accept employment with a library program approved by the State Librarian may fulfill the contract by accepting employment with any city, county or regional library whose library program is approved by the State Librarian. OAG 67-236 .

Kentucky Historical Society

171.310. Kentucky Historical Society. [Repealed.]

Compiler’s Notes.

This section (Acts 1880, ch. 244, §§ 1-7) was repealed by Acts 1960, ch. 169, § 2.

171.311. Kentucky Historical Society.

The Kentucky Historical Society created by Acts 1880, ch. 244, shall have all the powers and liabilities of a corporation and there is hereby granted to the society the following charter:

The Kentucky Historical Society shall educate and engage the public through Kentucky history in order to confront the issues of the future. To that end, the society shall collect, maintain, and preserve authentic records, information, and artifacts connected with the history of the Commonwealth and the genealogy of her peoples; and promote a wider appreciation of the American heritage, with particular emphasis on the advancement and dissemination of knowledge of the history of Kentucky. The society may receive and hold by donation or devise, real or personal property to any extent and may, by gift, loan, purchase, or otherwise hold books, papers, documents, historical memorials, and any other articles suited to promote the objects of the society in the Thomas D. Clark Center for Kentucky History, the Old State Capitol Building, or the Kentucky Military History Museum, but all such property shall be held in trust for the Commonwealth of Kentucky according to the terms of acceptance.

All persons, partnerships, corporations, or associations who shall evidence their dedication to the promotion of the objects and purposes of the society may become active members thereof upon their approval under regulations prescribed by the governing board and the payment of annual dues in a sum determined by the governing board. The governing board may determine classes of memberships and establish respective rates of dues. Every member in good standing, including the authorized representative of an institutional member, shall have the right to vote in person or by proxy, hold office, and otherwise take part in the proceedings of the society. Membership may be terminated by resignation or nonpayment of dues.

The officers of the society shall be a chancellor, who shall be the Governor of the Commonwealth of Kentucky, a president, first, second, and third vice presidents, who shall be ex officio members of the governing board. All officers, except the chancellor, shall be elected for a term of one (1) year at the annual meeting of the society in a manner provided by law, and the president shall be ineligible to succeed himself if he has been elected for two (2) successive terms.

There is hereby created a governing board which shall consist of sixteen (16) members, the officers of the society, and one (1) person designated annually by the State Archives and Records Commission. The sixteen (16) members of the governing board shall be divided into four (4) equal classes, so arranged that the terms of one (1) class shall expire at each annual meeting of the society. The class whose term expires shall be ineligible to succeed itself.

The governing board shall execute all the powers and duties conferred on the society, except those expressly delegated to the officers. It shall adopt bylaws at any regular or special meeting. It shall supervise and direct the financial concerns of the society, approve an annual budget and provide for and fix the salaries of employees, subject to the approval of the Personnel Cabinet. It shall provide for reimbursement of travel expenses of employees and may provide for reimbursement of expenses of officers and members of the governing board incurred in performing specific duties assigned to them. It shall appoint an executive director, who shall be the operating management officer of the society under the direction of the president and policies established by the governing board, and a deputy director, who shall assume the duties of the executive director in his absence and perform such other duties as may be assigned to him by the executive director. It shall establish and prescribe the duties of such other positions as are necessary to operate the society, and all persons engaged to fill such positions shall be employed by the executive director, subject to the approval of the governing board , which approval shall constitute exemption from KRS 18A.005 to 18A.200 , and their work shall be under the executive director’s supervision.

The governing board shall provide for the publication or preservation of historical documents and manuscripts; publish, including by electronic means, an edition to be known as the “Register”; provide by contract, subject to the approval of the Finance and Administration Cabinet, for all the printing, publication, and distribution of, including by electronic means, reports, books, and other publications calculated to promote and advance the historical interest of Kentucky and augment the society’s various collections at all times. It shall supervise and direct the ordinary affairs of the society; appoint a nominating committee; and determine other necessary committees of which the president and the executive director of the society shall be ex officio members. The governing board shall cooperate with, provide assistance to, and coordinate its functions with those of the state Archives and Records Commission. It may designate honorary members of the society and it shall have the power to fill any vacancies until the next annual meeting, including those occurring within its own membership.

The governing board shall hold regular meetings in January, April, July, and October. Matters to be determined and discussed at meetings shall be furnished to the executive director at least ten (10) days prior to meetings in order that he may prepare and distribute an agenda to each member of the governing board at least three (3) days before the meeting. Special meetings shall be held at the request of the president or any three (3) members of the governing board, in which case the executive director shall give written notice together with the agenda of the meeting at least ten (10) days in advance. In an emergency, nine (9) members of the committee may waive the provision of notice.

The regular annual meeting of the society shall be held on the first Friday after the first Monday in November. The meeting shall be open to all members. Special meetings may be called in Frankfort or elsewhere by the president or a majority of the governing board or by the executive director upon the written request of twenty (20) members of the society. Members shall have fifteen (15) days written notice of the time, place, and subject of the meeting.

Twenty-five (25) members shall constitute a quorum for the transaction of all business at any meeting of the society, and one-third (1/3) of the membership of the governing board shall constitute a quorum at their respective meetings.

The Chancellor of the Society, at his discretion, may preside at any meeting of the society or the governing board, or he may participate otherwise in any meetings.

The president of the society shall be the chief executive officer of the society and shall preside over meetings of the society or the governing board in the absence of the chancellor or at his request. He shall recommend the appointment of all necessary or desirable committees and he shall name persons to comprise committees, except the nominating committee.

The vice presidents of the society shall preside in the absence of their successive superiors in office at all meetings of the society and the governing board. They shall attend all regular and special meetings of the society and the governing board and endeavor to familiarize themselves with the conduct and operations of the affairs of the society. They shall aid and assist the president in the performance of his duties, counsel and advise the governing board, and endeavor at all times to advance and promote the public interest in the history of Kentucky and its people.

Nominations to membership on the governing board and to the offices of president, first vice president, second vice president, and third vice president shall be made by a nominating committee or by any member present at the regular annual meeting. The nominating committee shall consist of five (5) members, shall be appointed at the first regular meeting of the governing board after the annual meeting of the society and shall consider candidates to fill vacancies in the governing board and offices which will occur at the subsequent annual meeting. The nominating committee shall meet forty-five (45) days prior to the annual meeting and nominate candidates to fill vacancies on the governing board and at least one (1) candidate for the office of president, first vice president, second vice president, and third vice president, and file same with the president. Upon the call for the election of officers, the president shall promptly report the nomination by the nominating committee together with all other nominations. When more than the required number of candidates have been nominated for membership on the governing board or more than one (1) candidate for the offices to be filled, the president shall call for an election by the vote of those present, together with the number of votes cast by proxy, and a plurality of all votes cast shall be sufficient to elect. Where no vote count is required, the president shall cast one (1) vote for each candidate and he or she shall be declared elected.

This charter may be amended by a two-thirds (2/3) vote of the members present and voting at any regular meeting or at any special meeting of the society called for the purpose, provided that written notice containing the substance of the proposed amendments shall have been distributed by mail or electronically to members not less than thirty (30) days in advance of such meeting and the same approved as an amendment by the first General Assembly, meeting after the action of the society.

HISTORY: Enact. Acts 1960, ch. 169, § 1; 1962, ch. 143; 1974, ch. 34, § 1; 1980, ch. 188, § 128, effective July 15, 1980; 1982, ch. 448, § 69, effective July 15, 1982; 1998, ch. 154, § 82, effective July 15, 1998; 2015 ch. 69, § 1, effective June 24, 2015.

Opinions of Attorney General.

The Historical Society has the right to contract for rental of the souvenir concession with the approval of the Department of Finance (now Finance and Administration Cabinet), but the curator’s duties include supervising and operating the souvenir stand which he could not do if the concession were completely rented. OAG 61-456 .

The Kentucky Historical Society may enter into a contract with the Department of the Navy to conduct a research project relating to the collection and classification of certain historical and other data on automatic weapons as such purpose is included in the promotion of a wider appreciation of the American heritage, with particular emphasis on the advancement and dissemination of knowledge of the history of Kentucky provided for in subdivision I of this section. OAG 75-328 .

Where property given or loaned the Kentucky Historical Society is no longer appropriate nor of value to the Society for the intended historical purposes, but where the lender has failed to provide the procedure or method of disposal, the Society must make a reasonable effort to ascertain the whereabouts of the lender, his heirs or relatives before applying for escheat by the Commonwealth. OAG 76-328 .

Research References and Practice Aids

Kentucky Law Journal.

Schroder, The Preservation of Historical Areas, 62 Ky. L.J. 940 (1973-1974).

Note, Historic Preservation — An Individual’s Perspective, 67 Ky. L.J. 1018 (1978-1979).

171.312. Divisions of society — Division directors.

In order to better facilitate the operation and management, the Kentucky Historical Society shall be organized into four (4) separate divisions. These divisions shall include: Research and Publications; Oral History and Educational Outreach; Administration; and Museums. The divisions shall be headed by a director appointed by the governing board of the Kentucky Historical Society of the Tourism, Arts and Heritage Cabinet pursuant to KRS 171.311 .

HISTORY: Enact. Acts 1992, ch. 15, § 1, effective July 14, 1992; 1994, ch. 209, § 5, effective July 15, 1994; 2006, ch. 211, § 108, effective July 12, 2006; 2009, ch. 16, § 43, effective June 25, 2009; 2015 ch. 69, § 5, effective June 24, 2015.

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

In addition to the responsibilities set forth in KRS 171.311 , the Kentucky Historical Society shall:

  1. Collect, maintain, preserve, categorize, and cause to be published necessary information concerning Kentucky family cemeteries;
  2. Undertake a systematic program which will restore and maintain the gravesites of any of the following historically significant people who are buried within this Commonwealth:
    1. Past Governors of the Commonwealth and their spouses;
    2. The three (3) former Vice Presidents of the United States from the Commonwealth: Richard M. Johnson; John C. Breckinridge; and Alben W. Barkley; and
    3. The “First Pioneers,” who were the original members in the first settlements at either Boonesboro, Harrodsburg, or Stanford in 1774-1775; and
  3. Promulgate administrative regulations necessary to carry out the purposes of this section.

History. Enact. Acts 1976, ch. 198, § 1; 1996, ch. 156, § 1, effective July 15, 1996; 1998, ch. 78, § 1, effective July 15, 1998.

Opinions of Attorney General.

The legislative intent in subsection (2) of this section was that the required rules and regulations be adopted for the purpose of standardizing and providing a modus operandi to be followed by the Kentucky Historical Society’s internal management in administering this section; it was never intended that the rules and regulations should affect private rights or procedures generally available to the public and such rules and regulations are not to be regulations within the purview of KRS Ch. 13 (now KRS Ch. 13A). OAG 76-483 .

171.315. Headquarters of society — Priority for maintenance.

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

HISTORY: Enact. Acts 1954, ch. 40, § 1; 1968, ch. 186; 1974, ch. 74, Art. II, § 9(1); 1978, ch. 361, § 1, effective June 17, 1978; 2015 ch. 69, § 6, effective June 24, 2015.

Opinions of Attorney General.

The Kentucky Historical Society constitutes a department of state government. OAG 63-657 .

Research References and Practice Aids

Cross-References.

State Archives and Records Commission, nomination of member, KRS 171.420 .

171.320. Payment of money to society, conditions of. [Repealed.]

Compiler’s Notes.

This section (4618-132) was repealed by Acts 1954, ch. 40, § 2.

171.321. Receipts by society from nongovernmental sources — Audit of fund.

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

HISTORY: Enact. Acts 1984, ch. 242, § 1, effective July 13, 1984; 2015 ch. 69, § 7, effective June 24, 2015.

171.325. Local history trust fund — Purpose — Application, qualification, and approval standards — Administrative regulations.

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

History. Enact. Acts 2014, ch. 102, § 14, effective July 15, 2014.

171.330. Expenses; salaries; publication of magazine. [Repealed.]

Compiler’s Notes.

This section (2290a-1) was repealed by Acts 1960, ch. 169, § 2.

171.340. Old books and documents — Governor and fiscal courts may authorize delivery to society.

  1. The Governor may assign to the Kentucky Historical Society for safekeeping any articles of historical interest belonging to the state.
  2. The county officers may turn over to the Kentucky Historical Society old books or documents in their offices suitable for preservation as archives of the state but no longer of use or value to the counties, in order that they may be properly preserved for future generations. No books or documents of any county shall be turned over to the society except upon the order of the fiscal court of the county.

History. 2290a-2.

171.345. Kentucky Military History Museum — Duties of Kentucky Historical Society and Department of Military Affairs — Location — Advisory committees.

  1. There is established the Kentucky Military History Museum which shall be housed in the State Arsenal, and shall serve as repository of objects relating to the Commonwealth’s military history.
  2. The Kentucky Historical Society and its staff shall maintain the museum, receive, store and catalogue all military historical items, and exercise fiduciary responsibility in the preservation and maintenance of the State Arsenal and all objects placed or loaned for display therein.
  3. The Department of Military Affairs and the adjutant general shall provide the State Arsenal as the museum facility, shall maintain and operate the building and grounds, and shall cooperate in contributing items of military history for display within the museum.
  4. The Military History Museum shall be attached to the Kentucky Historical Society for administrative and other purposes.
  5. The Kentucky Historical Society may empanel such advisory committees as it determines to be necessary to assist in the administration of the Military History Museum. Members of such committees shall serve as needed without compensation or reimbursement.
  6. The Kentucky Historical Society may promulgate administrative regulations as necessary for the operation of the Military History Museum.

History. Enact. Acts 1980, ch. 295, § 43, effective July 15, 1980; 2004, ch. 29, § 1, effective December 1, 2005; 2014, ch. 85, § 1, effective July 15, 2014; 2015 ch. 69, § 8, effective June 24, 2015; 2019 ch. 92, § 1, effective June 27, 2019.

Abraham Lincoln Bicentennial Commission

171.347. Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission — Membership.

There is created the Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission, which shall be attached to the Kentucky Historical Society for administrative purposes. The commission shall be composed of twenty (20) members, as follows:

  1. Two (2) members of the House of Representatives, appointed by the Speaker of the House;
  2. Two (2) members of the Senate, appointed by the President of the Senate;
  3. The secretary of the Education and Workforce Development Cabinet, or his or her designee;
  4. One (1) member from the Tourism, Arts and Heritage Cabinet, appointed by the secretary of that cabinet;
  5. One (1) member from the Kentucky Historical Society, appointed by the executive director of that agency;
  6. One (1) member from the Kentucky Heritage Council, appointed by the executive director of that agency;
  7. One (1) member from the Kentucky African-American Heritage Commission, appointed by the head of that agency;
  8. One (1) member from the Kentucky Humanities Council, appointed by the executive director of that agency;
  9. One (1) member from the Abraham Lincoln Bicentennial Commission established by the United States Congress, appointed by the concurrence of the chairs of that agency;
  10. The Larue County judge/executive, or his or her designee;
  11. One (1) member from the Abraham Lincoln Birthplace, appointed by the superintendent of that national historic site;
  12. One (1) member from the Lincoln Museum in Hodgenville, appointed by the president of that agency;
  13. One (1) member from the Mary Todd Lincoln House in Lexington, appointed by the head of that agency;
  14. One (1) member from the Farmington Historic Home museum in Louisville, appointed by the head of that agency; and
  15. Four (4) citizen members from the state at large with a demonstrated interest in history and substantial knowledge and appreciation of Abraham Lincoln, appointed by the Governor.

The chair of the commission shall be elected from among the membership by the commission members.

HISTORY: Enact. Acts 2005, ch. 96, § 1, effective June 20, 2005; 2006, ch. 211, § 109, effective July 12, 2006; 2009, ch. 11, § 55, effective June 25, 2009; 2009, ch. 16, § 44, effective June 25, 2009; 2015 ch. 69, § 9, effective June 24, 2015.

171.348. Duties of Kentucky Abraham Lincoln Bicentennial Commission.

The Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission shall:

  1. Study and recommend activities that may be carried out by the Commonwealth of Kentucky to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth;
  2. Educate Kentucky residents and the nation about the life of Abraham Lincoln during the years he resided in and visited the state in which he was born;
  3. Assist local governments and organizations with planning, preparation, and grant applications for bicentennial events and projects;
  4. Coordinate federal, state, and local bicentennial activities occurring in Kentucky;
  5. Plan and implement appropriate events, including celebrations and educational initiatives, to commemorate the bicentennial;
  6. Perform other duties as necessary to highlight Kentucky’s role in the life of Abraham Lincoln; and
  7. Seek federal grants and philanthropic support for bicentennial activities.

History. Enact. Acts 2005, ch. 96, § 2, effective June 20, 2005.

171.349. Commission to expire on June 30, 2010.

The Commonwealth of Kentucky Abraham Lincoln Bicentennial Commission shall expire on June 30, 2010.

History. Enact. Acts 2005, ch. 96, § 3, effective June 20, 2005.

171.350. Depository libraries for reports and publications of state agencies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 44, §§ 1 and 2; 1954, ch. 42, § 23) was repealed by Acts 1958, ch. 49, § 35.

171.360. Supplying reports and publications to central depository; distribution to college, university and other depository libraries. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 44, § 3; 1954, ch. 42, § 24) was repealed by Acts 1958, ch. 49, § 35.

171.370. Lists of reports and publications. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 44, § 4; 1954, ch. 42, § 25) was repealed by Acts 1958, ch. 49, § 35.

171.380. Statutory limitations on number of copies published not applicable. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 44, § 5) was repealed by Acts 1958, ch. 49, § 35.

Kentucky Heritage Council

171.3801. Kentucky Heritage Council — Members — Officers — Meetings — Heritage division — Reorganization prohibited.

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

History. Enact. Acts 1982, ch. 396, § 38, effective July 15, 1982; 1994, ch. 209, § 16, effective July 15, 1994; 2005, ch. 95, § 36, effective June 20, 2005; 2009, ch. 16, § 45, effective June 25, 2009.

NOTES TO DECISIONS

1. State Action.

Activities of a non-profit corporation, established to promote downtown revitalization, in conducting the “Great Pumpkin Festival” and setting policy as to what individuals, groups or organizations could maintain booths at the festival constituted state action. Capital Area Right to Life v. Downtown Frankfort, 862 S.W.2d 297, 1993 Ky. LEXIS 97 ( Ky. 1993 ), cert. denied, 511 U.S. 1135, 114 S. Ct. 2153, 128 L. Ed. 2d 878, 1994 U.S. LEXIS 4103 (U.S. 1994), cert. denied, 511 U.S. 1126, 114 S. Ct. 2132, 128 L. Ed. 2d 863, 1994 U.S. LEXIS 4140 (U.S. 1994).

171.381. Duties and functions of council — Duties of state historic preservation officer.

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

History. Enact. Acts 1966, ch. 87, § 3; 1976, ch. 32, § 1; 1978, ch. 154, § 13, effective June 17, 1978; 1982, ch. 396, § 39, effective July 15, 1982; 1984, ch. 142, § 1, effective July 13, 1984; 1990, ch. 496, § 54, effective July 13, 1990; 1994, ch. 209, § 17, effective July 15, 1994; 2000, ch. 338, § 8, effective July 14, 2000; 2006, ch. 211, § 110, effective July 12, 2006; 2007, ch. 11, § 4, effective June 26, 2007; 2007, ch. 47, § 80, effective June 26, 2007; 2009, ch. 16, § 46, effective June 25, 2009; 2010, ch. 117, § 76, effective July 15, 2010.

Compiler’s Notes.

Section 106 of the National Historic Preservation Act is codified as 16 USCS § 470f. Executive order 11593 appears as a note to 16 USCS § 470.

NOTES TO DECISIONS

1. State Action.

Activities of a non-profit corporation, established to promote downtown revitalization, in conducting the “Great Pumpkin Festival” and setting policy as to what individuals, groups or organizations could maintain booths at the festival constituted state action. Capital Area Right to Life v. Downtown Frankfort, 862 S.W.2d 297, 1993 Ky. LEXIS 97 ( Ky. 1993 ), cert. denied, 511 U.S. 1135, 114 S. Ct. 2153, 128 L. Ed. 2d 878, 1994 U.S. LEXIS 4103 (U.S. 1994), cert. denied, 511 U.S. 1126, 114 S. Ct. 2132, 128 L. Ed. 2d 863, 1994 U.S. LEXIS 4140 (U.S. 1994).

Opinions of Attorney General.

The commission may adopt rules and regulations without the approval and consent of the executive director. OAG 73-498 .

The executive committee, while responsible for the execution of the duties and functions conferred upon it and resulting from the properly adopted rules and regulations of the commission, is not empowered with the rule and regulation making responsibility. OAG 73-498 .

The Kentucky Heritage Commission (now Heritage Council) is a separate administrative body and agency of state government, and is authorized to adopt such rules and regulations as may be necessary and incidental to the performance of the Commission’s duties and functions. OAG 73-498 .

Although executive order 71-59 dated December 23, 1971 was not approved, by express statute or appropriation, by the General Assembly at its next session, the General Assembly, by repealing in 1972 KRS §§ 42.210 to 42.290 , abolished the office of state curator and approved by implication the executive order, and the duties and responsibilities formerly exercised by the curator are now vested in the commission and its executive director. OAG 75-80 .

Executive order 72-869 dated September 18, 1972 which designated the executive director of the commission as state liaison officer (now state historic preservation officer) and the commission as the agency to implement the National Historic Preservation Act (16 USCS §§ 461-470n) in Kentucky did not bring about a reorganization of state government, and did not, therefore, require the approval of the General Assembly, by express statute or by appropriation, at its next session and is still in full force and effect. OAG 75-80 .

In view of KRS 13.080 (repealed) the commission is not required to adopt rules and regulations unless it pursues a policy or procedure affecting the general public or a segment thereof. OAG 75-80 .

The commission has policy making responsibility in adopting rules for its own operations and for the expenditure of its own funds, which are subject to the general provisions of the statutes governing financial administration of all state agencies. OAG 75-80 .

The Kentucky Heritage Commission (now Heritage Council) is a separate administrative body of state government and should coordinate activities with other departments which may be expending funds on conservation, archaeological, economical, historic landmarks and other matters related to the commission’s functions and projects and also is advisory to the Governor on executive actions, legislative matters and in passing on the budget of the Commission and the budgets of other departments upon which the Commission’s advice might be sought. OAG 75-80 .

There is no binding legal relationship between the Heritage Commission (now Heritage Council) and the Washington, Kentucky Historic Township Commission created by KRS 171.385 but they should coordinate their efforts and the Heritage Commission, if asked, acts in an advisory but not a supervisory capacity to the Washington Commission. OAG 75-80 .

This section calls for the creation and preparation of at least two inventory lists of historic resources, one containing landmarks of national significance and the other containing landmarks of statewide significance and each list should be divided into two sections, one section listing landmarks of greatest significance and the other those of lesser significance. OAG 75-80 .

Where meeting of the commission held without a quorum, action taken at such a meeting is of no effect and the minutes should reflect that no meeting could be held for that reason. OAG 75-80 .

Although the Kentucky Heritage Commission (now Heritage Council) serves in an advisory capacity, the Commission does not have power of review over the decisions and projects of the University of Kentucky Department of Anthropology which has the ultimate authority regarding archaeological permits. OAG 76-178 .

In order to prevent misuse of the files of the Kentucky Heritage Commission (now Heritage Council) which contain detailed information about historic buildings and sites by “pot hunters” who are trying to locate archaeological sites which they can dig and loot which will destroy such sites for scientific study and by thieves and vandals who may utilize the files on privately owned historic buildings as a shopping list, the Commission is legally authorized to adopt regulations which will prevent public inspection of specific portions of its files under subdivisions (a), (g) and (h) of subsection (1) of KRS 61.878 . OAG 76-367 .

Since the total membership of the Kentucky Heritage Commission (now Heritage Council) consists of 27 members, under the rule of KRS 446.050 , a quorum is met when at least 14 members are present and voting. OAG 76-494 .

Research References and Practice Aids

Kentucky Law Journal.

Schroder, The Preservation of Historial Areas, 62 Ky. L.J. 940 (1973-1974).

Note, Historic Preservation — An Individual’s Perspective, 67 Ky. L.J. 1018 (1978-1979).

171.382. Proposed nomination to National Register of Historic Places — Notice — Hearing.

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

History. Enact. Acts 1976, ch. 22, § 1.

Compiler’s Notes.

The National Historic Preservation Act of 1966 referenced herein is codified generally as 16 USCS § 470 et seq.

171.383. Designation of covered wooden bridges as shrines.

All covered wooden bridges within the state shall be designated as state shrines by the heritage division according to the procedures of the agency. Each covered wooden bridge shall be identified as such by an official marker placed by the Kentucky Historical Society.

History. Enact. Acts 1974, ch. 364, § 1; 1976, ch. 170, § 1; 1982, ch. 396, § 40, effective July 15, 1982.

171.384. Historic preservation review board created — Members — Compensation.

  1. There is hereby established the Kentucky Historic Preservation Review Board, which shall aid and advise the heritage division in the selection of historic sites and all duties pursuant to Public Law 89-665, as amended, and regulations issued pursuant thereto.
  2. The board shall be composed of eleven (11) members appointed by the Governor; one (1) of whom shall be a professionally recognized historian; one (1) an architect; and one (1) an archaeologist. Each board member shall receive twenty-five dollars ($25) per diem and necessary expenses for performance of his duties.

History. Enact. Acts 1978, ch. 155, § 113, effective June 17, 1978; 1982, ch. 396, § 41, effective July 15, 1982; 1984, ch. 111, § 104, effective July 13, 1984.

Compiler’s Notes.

The National Historic Preservation Act, P.L. 89-665, referred to herein, is compiled generally as 16 USCS § 470 et seq.

171.385. Washington, Kentucky Historic Township Commission — Creation.

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

History. Enact. Acts 1974, ch. 397, § 1.

Opinions of Attorney General.

There is no binding legal relationship between the Washington Commission and the Kentucky Heritage Commission (now Heritage Council) created by KRS 171.381 but they should coordinate their efforts and the Heritage Commission, if asked, acts in an advisory but not a supervisory capacity to the Washington Commission. OAG 75-80 .

171.387. Commission membership — Powers — Personnel.

  1. The commission may employ a director, who shall serve as its secretary and at its pleasure, and other technical assistants as may be necessary to carry out its purposes.
  2. The commission may contract, lease, accept gifts and bequests of money and acquire real and personal property by gift, purchase, devise, or bequests, deemed necessary for the proper development and planning of Washington as a historic town, and may preserve, restore, and administer these properties.

History. Enact. Acts 1974, ch. 397, § 2.

171.388. Kentucky Register of Heritage Farms.

  1. As used in this section, “structure” means a house, barn, shed, crib, silo, windmill, fence, or cemetery marker.
  2. The heritage division shall establish the Kentucky Register of Heritage Farms. A heritage farm shall comprise at least forty (40) acres and (a) shall have been owned and farmed by the same family for more than one hundred (100) years or, (b) shall include at least one structure more than fifty (50) years old.
  3. Designation of a farm as a Kentucky Heritage Farm under this section shall not restrict the sale, alteration, use, or the exercise of any other right of ownership.

History. Enact. Acts 1980, ch. 140, § 1, effective July 15, 1980; 1982, ch. 396, § 42, effective July 15, 1982.

171.390. Report of activities required from commission.

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

History. Enact. Acts 1974, ch. 397, § 3.

171.391. Definitions for KRS 171.391 to 171.393.

As used in KRS 171.391 to 171.393 :

  1. “Council” means the Kentucky Heritage Council;
  2. “Historic drylaid rock fence” means any drylaid stone fence or wall at least fifty (50) years old that was originally constructed from natural stones and without mortar;
  3. “Historic mortared rock fence” means any rock fence at least fifty (50) years old that was originally constructed from natural stones and mortar; and
  4. “Nonhistoric drylaid rock fence” means any rock fence constructed within the last fifty (50) years from natural stones and without mortar that the Kentucky Heritage Council certifies meets the guidelines for drystone masonry set forth by the Dry Stone Conservancy.

History. Enact. Acts 2007, ch. 11, § 1, effective June 26, 2007.

171.392. Rock fence preservation fund.

  1. There is hereby established in the State Treasury a rock fence preservation fund, which shall be administered by the council. The fund may receive appropriations, gifts, grants, federal funds, revolving funds, and any other funds from public and private sources, to be used for reconstruction and repair of the Commonwealth’s historic drylaid rock fences and historic mortared rock fences.
  2. Moneys deposited in the fund shall be disbursed by the State Treasurer under the Rock Fence Preservation Program established in KRS 171.393 .
  3. Fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. Income earned from investment of the fund shall become part of the fund and shall not lapse.
  4. Amounts deposited in the fund are hereby appropriated for the purposes set forth in KRS 171.391 to 171.393 , and in no case shall the funds be used for executive agency administrative costs.

History. Enact. Acts 2007, ch. 11, § 2, effective June 26, 2007.

Legislative Research Commission Note.

(6/26/2007). The numbering of subsections in this section has been altered from the numbering of 2007 Ky. Acts ch. 11, sec. 2 by the Reviser of Statutes under the authority of KRS 7.136 .

171.393. Rock Fence Preservation Program — Administrative regulations — Limitation on use of grant funds.

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

History. Enact. Acts 2007, ch. 11, § 3, effective June 26, 2007.

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

  1. There is hereby established in the State Treasury a trust and agency account to be known as the Kentucky battlefield preservation fund.
  2. The account shall consist of moneys received from state appropriations, gifts, grants, and federal funds.
  3. The account shall be administered by the Kentucky Heritage Council.
  4. Notwithstanding KRS 45.229 , moneys in the account not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year.
  5. Any interest earnings of the account shall become a part of the account and shall not lapse.
  6. Moneys deposited into the account are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.
    1. Amounts deposited in the account shall be used exclusively by the Kentucky Heritage Council to provide grants. Grants shall be made to private nonprofit organizations. (7) (a) Amounts deposited in the account shall be used exclusively by the Kentucky Heritage Council to provide grants. Grants shall be made to private nonprofit organizations.
    2. All grants shall be made solely for the fee simple purchase of, or purchase of protective interests in:
      1. Any Kentucky battlefield site considered in:
        1. The report issued by the Civil War Sites Advisory Commission, National Park Service, 1993, as amended, entitled Report on the Nation’s Civil War Battlefields; or
        2. The report prepared by the American Battlefield Protection Program, National Park Service, U.S. Department of the Interior, September 2007, as amended, entitled Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States; or
      2. Any site associated with the Underground Railroad that is eligible for National Historic Landmark designation or for listing in the National Register of Historic Places.
    1. Private nonprofit organizations seeking grant funding from the account shall be required to provide matching funds from any non-state sources on a dollar-for-dollar basis. (8) (a) Private nonprofit organizations seeking grant funding from the account shall be required to provide matching funds from any non-state sources on a dollar-for-dollar basis.
    2. For the purposes of this subsection, “matching funds” means cash or the donation of land, or interest therein, made by the landowner as part of the proposed project.
    3. No state funds may be included in determining the amount of the match.
    4. Grants from the account shall not exceed fifty percent (50%) of the appraised value of the land or permanent protective interests therein.
    5. Grants from the account may be awarded for prospective purchases.
  7. Eligible costs for which moneys from the account may be allocated include:
    1. Acquisition of land and any improvements thereon;
    2. Permanent protective interests;
    3. Conservation easements;
    4. Costs of appraisals;
    5. Environmental reports;
    6. Surveys;
    7. Title searches and title insurance; and
    8. Any other closing costs.
    1. Any eligible organization making an acquisition of land or interest therein shall grant to the Commonwealth a perpetual easement placing restrictions on the use or development of the land. (10) (a) Any eligible organization making an acquisition of land or interest therein shall grant to the Commonwealth a perpetual easement placing restrictions on the use or development of the land.
    2. All terms and conditions of the easement shall be reviewed by and found by the Kentucky Heritage Council to be consistent with other conservation easements under KRS 67A.840 to 67A.850 .
    3. Any eligible organization shall demonstrate to the Kentucky Heritage Council that it has the capacity and expertise to manage and enforce the terms of the easement.
  8. The Kentucky Heritage Council shall:
    1. Establish, administer, manage, and make expenditures and allocations from the account;
    2. Establish guidelines for applications for grants of moneys from the account;
    3. Prioritize and award grants of moneys from the account; and
    4. Consider in relation to core and study areas of the sites identified in subsection (7)(b) of this section:
      1. The significance of the site;
      2. The location of the proposed project;
      3. The proximity to other protected lands;
      4. The threat to and integrity of the features associated with the historic significance of the site; and
      5. The financial and administrative capacity of the applicant to complete the project and to maintain and manage the property consistent with the public investment and public interest, including:
        1. Education;
        2. Recreation;
        3. Research;
        4. Heritage tourism promotion; or
        5. Orderly community development.
  9. Nothing in this section shall be construed to prevent the subsequent transfer of property acquired under this section to the United States of America, its agencies, or instrumentalities.

HISTORY: 2020 ch. 11, § 1, effective July 15, 2020.

171.395. Official museums.

  1. The Thomas Edison Butchertown House in Louisville shall be designated as the official Edison Museum in the Commonwealth of Kentucky.
  2. The Kentucky Railway Museum shall be designated as the official railway museum in the State of Kentucky.
  3. The official museums shall be so designated by an official marker erected by the Kentucky Historical Society.

History. Enact. Acts 1980, ch. 167, § 1, effective July 15, 1980; 1982, ch. 87, § 1, effective July 15, 1982; 1982, ch. 396, § 43, effective July 15, 1982.

Legislative Research Commission Note.

This section was amended by 1982 Acts Ch. 396, Section 43 and by 1982 Acts Ch. 87, Section 1, which are partially in conflict. Effect has been given to the substantive changes made by the General Assembly.

Opinions of Attorney General.

The Kentucky Railway Museum does not qualify as an educational institution so as to be exempt from the ad valorem property tax or sales and use tax. OAG 76-586 .

Rehabilitation of Certified Historic Structures

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

As used in this section and KRS 171.3961 and 171.397 :

  1. “Certified historic structure” means a structure that is located within the Commonwealth of Kentucky that is:
    1. Listed individually on the National Register of Historic Places; or
    2. Located in a historic district listed on the National Register of Historic Places and is certified by the council as contributing to the historic significance of the district;
  2. “Certified rehabilitation” means a completed substantial rehabilitation of a certified historic structure that the council certifies meets the United States Secretary of the Interior’s Standards for Rehabilitation;
  3. “Certified rehabilitation credit cap” means an annual amount of:
    1. Three million dollars ($3,000,000) for applications received prior to April 30, 2010; and
    2. Five million dollars ($5,000,000) for applications received on or after April 30, 2010;
  4. “Council” means the Kentucky Heritage Council;
  5. “Disqualifying work” means work that is performed within three (3) years of the completion of the certified rehabilitation that, if performed as part of the rehabilitation certified under KRS 171.397 , would have made the rehabilitation ineligible for certification;
  6. “Exempt entity” means any tax exempt organization pursuant to sec. 501(c)(3) of the Internal Revenue Code, any political subdivision of the Commonwealth, any state or local agency, board, or commission, or any quasi-governmental entity;
  7. “Local government” means a city, county, urban-county, charter county, or consolidated local government;
  8. “Owner-occupied residential property” means a building or portion thereof, condominium, or cooperative occupied by the owner as his or her principal residence;
  9. “Qualified rehabilitation expense” means any amount that is properly chargeable to a capital account, whether or not depreciation is allowed under Section 168 of the Internal Revenue Code, and is expended in connection with the certified rehabilitation of a certified historic structure. It shall include the cost of restoring landscaping and fencing that contributes to the historic significance of this structure, but shall not include the cost of acquisition of a certified historic structure, enlargement of or additions to an existing building, or the purchase of personal property;
  10. “Substantial rehabilitation” means rehabilitation of a certified historic structure for which the qualified rehabilitation expenses, during a twenty-four (24) month period selected by the taxpayer or exempt entity, ending with or within the taxable year, exceed:
    1. Twenty thousand dollars ($20,000) for an owner-occupied residential property; or
    2. For all other property, the greater of:
      1. The adjusted basis of the structure; or
      2. Twenty thousand dollars ($20,000);
  11. “Taxpayer” means any individual, corporation, limited liability company, business development corporation, partnership, limited partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization, or other legal entity through which business is conducted that:
    1. Elects to claim the credit on a return and receive a refund as provided in KRS 171.397(2)(b)2.a.; or
    2. Is the recipient of a credit which is transferred as provided in KRS 171.397(2)(b)2.b.; and
  12. “Qualified purchased historic home” means any substantially rehabilitated certified historic structure if:
    1. The taxpayer claiming the credit authorized under KRS 171.397 is the first purchaser of the structure after the date of completion of the substantial rehabilitation;
    2. The structure or a portion thereof will be the principal residence of the taxpayer; and
    3. No credit was allowed to the seller under this section.

plus any amount added to the certified rehabilitation credit cap pursuant to KRS 171.397(2)(c);

A qualified purchased historic home shall be deemed owner-occupied residential property for purposes of this section.

History. Enact. Acts 2005, ch. 168, § 150, effective March 18, 2005; 2006, ch. 149, § 224, effective July 12, 2006; 2009 (1st Ex. Sess.), ch. 1, § 33, effective June 26, 2009; 2014, ch. 102, § 19, effective July 15, 2014.

Legislative Research Commission Note.

(3/18/2005). 2005 Ky. Acts ch. 168, sec. 165, provides that this section shall apply to tax years beginning on or after January 1, 2005.

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

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

History. Enact. Acts 2014, ch. 102, § 20, effective July 15, 2014.

171.397. Rehabilitation of certified historic structures — Qualified rehabilitation expenses — Tax credit — Penalty — Administrative regulations.

    1. For all applications for a preliminary approval received prior to April 30, 2010, there shall be allowed as a credit against the taxes imposed by KRS 141.020 , 141.040 , 141.040 1, or 136.505 , an amount equal to: (1) (a) For all applications for a preliminary approval received prior to April 30, 2010, there shall be allowed as a credit against the taxes imposed by KRS 141.020 , 141.040, 141.0401 , or 136.505 , an amount equal to:
      1. Thirty percent (30%) of the qualified rehabilitation expenses, in the case of owner-occupied residential property; and
      2. Twenty percent (20%) of the qualified rehabilitation expenses, in the case of all other property.
    2. For applications for preliminary approval received on or after April 30, 2010, the credit shall be refundable if the taxpayer makes an election under subsection (2)(b) of this section.
    1. A taxpayer seeking the credit provided under subsection (1) of this section shall file an application for a preliminary determination of maximum credit eligibility before April 30 of the year in which the proposed project will begin. The application shall describe the project and shall include documentation supporting the qualification of the project for the credit, the proposed start date, the proposed completion date, the projected qualified rehabilitation expenses, and any other information the council may require. The council shall determine the preliminary maximum credit available for each taxpayer and shall notify the taxpayer of that amount by June 30 of the year in which the application was filed. If total credits applied for in any year exceed the certified rehabilitation credit cap, plus any amounts added to the cap pursuant to paragraph (c) of this subsection, the provisions of subsection (5) of this section shall be applied to reduce the approved credits for all taxpayers with qualifying applications for that year. (2) (a) A taxpayer seeking the credit provided under subsection (1) of this section shall file an application for a preliminary determination of maximum credit eligibility before April 30 of the year in which the proposed project will begin. The application shall describe the project and shall include documentation supporting the qualification of the project for the credit, the proposed start date, the proposed completion date, the projected qualified rehabilitation expenses, and any other information the council may require. The council shall determine the preliminary maximum credit available for each taxpayer and shall notify the taxpayer of that amount by June 30 of the year in which the application was filed. If total credits applied for in any year exceed the certified rehabilitation credit cap, plus any amounts added to the cap pursuant to paragraph (c) of this subsection, the provisions of subsection (5) of this section shall be applied to reduce the approved credits for all taxpayers with qualifying applications for that year.
      1. An application for a final determination of credit shall be submitted to the council upon completion of the project. (b) 1. An application for a final determination of credit shall be submitted to the council upon completion of the project.
      2. The application shall include an irrevocable election by the taxpayer to:
        1. Use the credit, in which case, the credit shall be refundable; or
        2. Transfer the credit.
      3. The council shall determine the final amount of credit approved for each taxpayer based upon the actual expenditures, preliminary determination of maximum credit, and a determination that the expenditures are qualified rehabilitation expenses.
      4. The council shall notify the taxpayer and Department of Revenue of the final approved credit amount within sixty (60) days of the receipt of a completed application from the taxpayer.
      1. If the total amount of credits finally approved for a taxpayer under paragraph (b) of this subsection are less than the credits initially approved for a taxpayer under paragraph (a) of this subsection, the difference between the two (2) amounts shall be added to the certified rehabilitation credit cap for the next calendar year. (c) 1. If the total amount of credits finally approved for a taxpayer under paragraph (b) of this subsection are less than the credits initially approved for a taxpayer under paragraph (a) of this subsection, the difference between the two (2) amounts shall be added to the certified rehabilitation credit cap for the next calendar year.
      2. If the total amount of credits approved under paragraph (a) of this subsection in any calendar year is less than the certified rehabilitation credit cap, the difference between the credits actually awarded and the certified rehabilitation credit cap shall be added to the certified rehabilitation credit cap for the next calendar year.
    1. The maximum credit which may be claimed with regard to owner-occupied residential property shall be sixty thousand dollars ($60,000) subject to subsection (5) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed. (3) (a) The maximum credit which may be claimed with regard to owner-occupied residential property shall be sixty thousand dollars ($60,000) subject to subsection (5) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed.
    2. The maximum credit which may be claimed with regard to all other property that is not owner-occupied residential shall be four hundred thousand dollars ($400,000) subject to subsection (5) of this section. The credit in this section shall be claimed for the taxable year in which the certified rehabilitation is completed.
  1. In the case of a husband and wife filing separate returns or filing separately on a joint return, the credit may be taken by either or divided equally, but the combined credit shall not exceed sixty thousand dollars ($60,000) if subject to the limitation in subsection (3)(a) of this section, or four hundred thousand dollars ($400,000) if subject to the limitation in subsection (3)(b) of this section, subject to the provisions of subsection (5) of this section.
  2. The credit amount approved for a calendar year for all taxpayers under subsection (2)(a) of this section shall be limited to the certified rehabilitation credit cap. When the total credits applied for and approved in any year under subsection (2)(a) of this section exceed the certified rehabilitation credit cap, the council shall apportion the certified rehabilitation credit cap as follows: The certified rehabilitation credit cap for the year under consideration shall be multiplied by a fraction, the numerator which is the approved credit amount for an individual taxpayer for a calendar year and the denominator which is the total approved credits for all taxpayers for a calendar year.
    1. For all applications received prior to April 30, 2010, if the credit amount that may be claimed in any tax year as determined under subsections (3) to (5) of this section exceeds the taxpayer’s total tax liabilities under KRS 136.505 , 141.020 , or 141.040 and 141.040 1, the taxpayer may carry the excess tax credit forward until the tax credit is used, provided that any tax credits not used within seven (7) years of the taxable year the certified rehabilitation was complete shall be lost. (6) (a) For all applications received prior to April 30, 2010, if the credit amount that may be claimed in any tax year as determined under subsections (3) to (5) of this section exceeds the taxpayer’s total tax liabilities under KRS 136.505 , 141.020 , or 141.040 and 141.0401 , the taxpayer may carry the excess tax credit forward until the tax credit is used, provided that any tax credits not used within seven (7) years of the taxable year the certified rehabilitation was complete shall be lost.
    2. For all applications received on or after April 30, 2010, if the credit amount that may be claimed in any tax year as determined under subsections (3) to (5) of this section exceeds the taxpayer’s total tax liabilities under KRS 136.505, 141.020, or 141.040 and 141.0401 , the taxpayer may receive a refund, if the taxpayer elected to take the credit as required by subsection (2)(b) of this section.
    1. The credit shall apply against both the tax imposed by KRS 141.020 or 141.040 and the limited liability entity tax imposed by KRS 141.040 1, with the ordering of credits as provided in KRS 141.020 5. (7) (a) The credit shall apply against both the tax imposed by KRS 141.020 or 141.040 and the limited liability entity tax imposed by KRS 141.0401 , with the ordering of credits as provided in KRS 141.0205 .
      1. For applications received prior to April 30, 2010, if the taxpayer is a pass-through entity not subject to the tax imposed by KRS 141.040, the taxpayer shall apply the credit at the entity level against the limited liability tax entity imposed by KRS 141.0401 , and shall also pass the credit through in the same proportion as the distributive share of income or loss is passed through. (b) 1. For applications received prior to April 30, 2010, if the taxpayer is a pass-through entity not subject to the tax imposed by KRS 141.040, the taxpayer shall apply the credit at the entity level against the limited liability tax entity imposed by KRS 141.0401, and shall also pass the credit through in the same proportion as the distributive share of income or loss is passed through.
      2. For applications received on or after April 30, 2010, if the taxpayer is a pass-through entity not subject to the tax imposed by KRS 141.040, the taxpayer shall apply the credit at the entity level against the limited liability tax entity imposed by KRS 141.0401, and may receive a refund if the taxpayer elected to take the credit as required by subsection (2)(b)2.a. of this section.
  3. Credits received under this section may be transferred or assigned if an election is made under subsection (2)(b) of this section, for some or no consideration, along with any related benefits, rights, responsibilities, and liabilities to any entity subject to the tax imposed by KRS 136.505 . Within thirty (30) days of the date of any transfer of credits, the party transferring the credits shall notify the Department of Revenue of:
    1. The name, address, employer identification number, and bank routing and transfer number, of the party to which the credits are transferred;
    2. The amount of credits transferred; and
    3. Any additional information the Department of Revenue deems necessary.
  4. For purposes of this section, a lessee of a certified historic structure shall be treated as the owner of the structure if the remaining term of the lease is not less than the minimum period promulgated by administrative regulation by the council.
  5. The taxes imposed in KRS 141.020 , 141.040 , and 141.040 1 shall not apply to any consideration received for the transfer, sale, assignment, or use of a tax credit approved under this section.
  6. The Department of Revenue shall assess a penalty on any taxpayer or exempt entity that performs disqualifying work, as determined by the Kentucky Heritage Council, on a certified historic structure for which a rehabilitation has been certified under this section in an amount equal to one hundred percent (100%) of the tax credit allowed on the rehabilitation. Any penalties shall be assessed against the property owner who performs the disqualifying work and not against any transferee of the credits.
  7. The council may impose fees for processing applications for tax credits, not to exceed the actual cost associated with processing the applications.
  8. The council may authorize a local government to perform an initial review of applications for the credit allowed under this section and forward the applications to the council with its recommendations.
  9. The council and the Department of Revenue may promulgate administrative regulations in accordance with the provisions of KRS Chapter 13A to establish policies and procedures to implement the provisions of subsections (1) to (13) of this section.
  10. The tax credit authorized by this section shall apply to tax periods ending on or after December 31, 2005.

In the case of an exempt entity that has incurred qualified rehabilitation expenses, the credit provided in this subsection shall be available to transfer or assign as provided under subsection (8) or (9) of this section.

The provisions of this subsection shall apply to any credits that pass through to a successor or beneficiary of a taxpayer.

History. Enact. Acts 2005, ch. 168, § 151, effective March 18, 2005; 2006, ch. 196, § 1, effective January 1, 2007; 2006 (1st Extra Sess.), ch. 2, § 68, effective June 28, 2006; 2009 (1st Ex. Sess.), ch. 1, § 34, effective June 26, 2009.

Legislative Research Commission Notes.

(7/12/2006). 2006 Ky. Acts chs. 196, § 2, provides that the amendments to KRS 171.397 in 2006 Ky. Acts ch. 196, sec. 1, apply to taxable periods beginning on or after January 1, 2007.

(6/28/2006). 2006 (1st Extra. Sess.) Ky. Acts ch. 2, § 73, provides that “unless a provision of this Act specifically applies to an earlier tax year, the provisions of this Act shall apply to taxable years beginning on or after January 1, 2007.”

(3/18/2005). 2005 Ky. Acts ch. 168, § 165, provides that this section shall apply to tax years beginning on or after January 1, 2005. Legislative

(3/18/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

Oral History Interviews

171.400. Oral history interview — Confidentiality.

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

History. Enact. Acts 1986, ch. 38, § 1, effective July 15, 1986.

State Archives and Records

171.410. Definitions for KRS 171.420 to 171.740.

As used in KRS 171.420 to 171.740 :

  1. “Public record or record” means all books, papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. “Public record” shall not include any records owned by a private person or corporation that are not related to functions, activities, programs or operations funded by state or local authority;
  2. “Department” means the Department for Libraries and Archives;
  3. “Commission” means the State Archives and Records Commission; and
  4. “Public agency” means every state or local office, state department, division, bureau, board, commission and authority; every legislative board, commission, committee and officer; every county and city governing body, council, school district board, special district board, municipal corporation, and any board, department, commission, committee, subcommittee, ad hoc committee, council or agency thereof; and any other body which is created by state or local authority and which derives at least twenty-five percent (25%) of its funds from state or local authority.

History. Enact. Acts 1958, ch. 49, § 1; 1962, ch. 106, Art. V, § 2; 1966, ch. 255, § 159; 1970, ch. 92, § 32; 1974, ch. 74, Art. VIII, B, § 2; 1982, ch. 245, § 1, effective July 15, 1982; 1986, ch. 150, § 3, effective July 15, 1986.

Opinions of Attorney General.

Fiscal court claims which have been paid would come within the definition of “records” as used in KRS 171.410 to 171.740 . OAG 61-831 .

Fiscal court claims which have been paid and tax rolls come within the definition of “records.” OAG 61-831 .

Neither the interested person nor his representative has the right to reproduce the records of a district board of education by any photostatic means whatsoever. OAG 68-291 .

Neither an interested person nor his representative has the absolute right to take the original records of a district board of education into a private room without the secretary or the secretary’s representative being present. OAG 68-291 .

Where the necessary interest is present, the interested person or his representative is entitled to obtain a certified copy of the contract between the board of education and the secretary upon payment of such reasonable fee therefor as may be prescribed by regulation of the district board. OAG 68-291 .

Information concerning textbook titles and course enrollment requested by a private bookstore would be a part of the university’s records and would be subject to the statutory privilege of inspection by any interested person. OAG 69-24 .

Disposal of municipal records is subject to the rules and regulations of the Archives and Records Commission. OAG 69-108 .

As the daily “minute sheets” of the clerks of the circuit Court contain no information which is not being permanently preserved elsewhere in the Circuit Court’s records, their destruction, once the official orders have been taken from them, would constitute neither a criminal act under KRS 519.060 nor an infringement on the authority of the State Archives and Records Commission under this section. OAG 75-103 .

It is apparent from the 1982 amendment to subdivision (1) of this section, which added cards, tapes, disks and recordings to the definition of “records,” that it was the intent of the legislature to facilitate the maintenance of public records by modernizing the means of preserving those records; therefore, it appears that Kentucky law does permit Kentucky State University to maintain its records via microfilm microfiche. OAG 83-161 .

The fiscal court should provide sufficient space to store case reports, evidence from death scenes, photographs and autopsy reports for the period of usefulness to the coroner in carrying out his work; since there is no statute expressly dealing with the retention time or final disposal, in the absence of a court order, or the applicable storage of such records by State Archives, the coroner should use his good judgment in disposing of items no longer needed. OAG 84-246 .

A housing authority established and operating pursuant to KRS Chapter 80 is required to comply with KRS 171.410 through 171.990 , dealing with state archives and records. OAG 84-375 .

Research References and Practice Aids

Cross-References.

Court records, control by Supreme Court, KRS 26A.200 , 26A.210 .

Open records law, KRS 61.870 to 61.884 .

171.420. State Libraries, Archives, and Records Commission.

  1. The State Libraries, Archives, and Records Commission is hereby created and shall be a seventeen (17) member body constituted as follows:
    1. The state librarian or his or her designee, who shall be the chairperson of the commission;
    2. The secretary of the Education and Workforce Development Cabinet or his or her designee, who shall serve as vice chairperson;
    3. The Auditor of Public Accounts or his or her designee;
    4. The state law librarian or his or her designee;
    5. The director of the Legislative Research Commission or his or her designee;
    6. The Attorney General or his or her designee;
    7. The executive director of the Kentucky Military Heritage Commission or a designee of the commission;
    8. The executive director of the Commonwealth Office of Technology or his or her designee;
    9. The president of the Kentucky Association of School Librarians or his or her designee;
    10. The executive director of the Kentucky Historical Society or his or her designee;
    11. The executive director of the Kentucky Library Association or his or her designee;
    12. The president of the Council on Postsecondary Education or his or her designee;
    13. Four (4) citizens at large appointed by the Governor, including one (1) member representing library users with disabilities, one (1) member representing disadvantaged persons, and two (2) members representing library users; and
    14. One (1) member, who shall not be an elected official, appointed by the Governor from a list of three (3) persons, with one (1) name submitted by each of the presidents of the Kentucky League of Cities, the Kentucky Association of Counties, and the Kentucky Association of School Administrators.
  2. Vacancies for appointed members shall be filled by the Governor in the same manner as initial appointments are made. All appointed members shall serve for a term of three (3) years, except when making the appointments under subsection (3) of this section, two (2) shall be for a term of three (3) years, two (2) for two (2) years, and one (1) for one (1) year.
  3. On July 14, 2018, all terms of gubernatorial appointees made prior to July 14, 2018, shall expire, and the Governor shall appoint five (5) members to the commission in accordance with paragraphs (m) and (n) of subsection (1) of this section.
  4. The commission shall be the state advisory council on libraries and shall advise the Department for Libraries and Archives on matters relating to federal and state library development issues, archives and records management, federal and state funding, public library standards, and other federal and state library service issues. The commission shall have the authority to review and approve schedules for retention and destruction of records submitted by state and local agencies. In all cases, the commission shall determine questions which relate to destruction of public records, and their decision shall be binding on the parties concerned and final, except that the commission may reconsider or modify its actions upon the agreement of a simple majority of the membership present and voting.

HISTORY: Enact. Acts 1958, ch. 49, § 2; 1962, ch. 106, Art. V, § 3; 1970, ch. 92, § 33; 1974, ch. 74, Art. II, § 9(2); 1974, ch. 257, § 5; 1976, ch. 242, § 1; 1978, ch. 384, § 120, effective June 17, 1978; 1982, ch. 245, § 2, effective July 15, 1982; 1992, ch. 185, § 1, effective July 14, 1992; 1994, ch. 209, § 18, effective July 15, 1994; 2000, ch. 506, § 20, effective July 14, 2000; 2000, ch. 536, § 20, effective July 14, 2000; 2005, ch. 85, § 602, effective June 20, 2005; 2006, ch. 211, § 111, effective July 12, 2006; 2009, ch. 11, § 56, effective June 25, 2009; 2018 ch. 176, § 3, effective July 14, 2018.

Legislative Research Commission Note.

(7/12/2006). Under the authority of KRS 7.136(1)(c) and for the sake of clarity, the Reviser of Statutes has divided this statute as contained in 2006 Ky. Act ch. 211, sec. 111, into numbered subsections and paragraphs.

Opinions of Attorney General.

State agencies should not destroy public records, such as the Register of Births and Deaths, without the authority of the Archives and Records Commission, except under specific circumstances and therefore, such an order sent by the Cabinet for Human Resources without the approval of the Archives and Records Commission was invalid. OAG 91-25 .

171.430. Expenses of commission members.

Members of the commission shall serve without compensation other than actual expense of attending meetings of the commission or while in the performance of their official duties in connection with the business of the commission.

History. Enact. 1958, ch. 49, § 3, effective June 19, 1958.

171.440. Commission meetings.

The commission shall meet in the City of Frankfort, but the commission may, by majority vote, hold special or regular meetings in other locations when the work of the commission would be facilitated thereby. The commission shall hold not less than four (4) meetings during each calendar year and may hold such special meetings as may be necessary to transact the business of the commission. All meetings shall be called by the chairman, or when requested in writing by any two (2) members of the commission.

History. Enact. Acts 1958, ch. 49, § 4; 1982, ch. 245, § 3, effective July 15, 1982.

171.450. Department procedures and regulations.

  1. The department shall establish:
    1. Procedures for the compilation and submission to the department of lists and schedules of public records proposed for disposal;
    2. Procedures for the disposal or destruction of public records authorized for disposal or destruction, including appropriate procedures to protect against unauthorized access to or use of personal information as defined by KRS 61.931 ;
    3. Standards and procedures for recording, managing, and preserving public records and for the reproduction of public records by photographic or microphotographic process; and
    4. Procedures for collection and distribution by the central depository of all reports and publications, except the Kentucky Revised Statutes editions, issued by any department, board, commission, officer or other agency of the Commonwealth for general public distribution after July 1, 1958.
  2. The department shall enforce the provisions of KRS 171.410 to 171.740 by appropriate rules and regulations.
  3. The department shall make copies of such rules and regulations available to all officials affected by KRS 171.410 to 171.740 subject to the provisions of KRS Chapter 13A.
  4. Such rules and regulations when approved by the department shall be binding on all state and local agencies, subject to the provisions of KRS Chapter 13A. The department shall perform any acts deemed necessary, legal and proper to carry out the duties and responsibilities imposed upon it pursuant to the authority granted herein.

History. Enact. Acts 1958, ch. 49, § 5; 1970, ch. 92, § 34; 1982, ch. 245, § 4, effective July 15, 1982; 1984, ch. 353, § 1, effective July 13, 1984; 2014, ch. 74, § 8, effective January 1, 2015.

Legislative Research Commission Notes.

(10/5/90). Pursuant to KRS 7.136(1), KRS Chapter 13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, § 36 and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

(1/1/2015). 2014 Ky. Acts ch. 74, sec. 10 provided that “the provisions of this Act shall not impact the provisions of KRS 61.870 to 61.884 .” That proviso applies to this statute as amended in Section 8 of that Act.

Opinions of Attorney General.

Requests for disposal or destruction of the records of the office of county treasurer must be submitted to the State Archives and Records Commission for determination and the request must be initially channeled through the Director of State Archives and Records Service. OAG 65-207 .

Disposal of municipal records is subject to the rules and regulations of the Archives and Records Commission. OAG 69-108 .

There is no statutory authority to permit a delegation of the function of making the final decision as to the inclusion or exclusion of documents to be deposited with the Department of Library and Archives (now Department for Libraries and Archives) to the Director of the Department. OAG 75-114 .

The state’s departments, boards, and agencies cannot be themselves required to distribute to depository libraries, copies of their reports and publications issued for general public distribution since this function is specifically reserved to the Department of Library and Archives (now Department for Libraries and Archives) as the central depository for state records but can be required to deposit a sufficient number for distribution. OAG 75-114 .

171.460. Records management survey.

In order for proper planning to be accomplished, the department shall cause a records management survey to be conducted in accordance with the regulations issued by the department.

History. Enact. Acts 1958, ch. 49, § 6; 1970, ch. 92, § 35.

171.470. Records management promotion — Reports.

The department is authorized to make continuing surveys of government records and records management and disposal practices and to obtain reports thereon from state and local agencies; to promote, in cooperation with the various state and local agencies, improved records management practices and controls in such agencies, including the central storage or disposition of records not needed by such agencies for their current use; and to report to the Governor semiannually. The department shall submit a biennial report to the General Assembly.

History. Enact. Acts 1958, ch. 49, § 7; 1970, ch. 92, § 36.

171.480. Buildings and facilities.

The secretary of the Finance and Administration Cabinet, at the request of the commission, shall have authority to design, build, purchase, lease, maintain, operate, protect, and improve buildings or facilities, including a state archives and records center building, used for the storage of noncurrent records of state and local agencies. The cabinet shall have custody and control of all such buildings and facilities and their contents.

History. Enact. Acts 1958, ch. 49, § 8; 1970, ch. 92, § 37.

171.490. Archives and Records Service. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 49, § 9) was repealed by Acts 1962, ch. 106, Art. V, § 11.

171.500. Central depository.

The department is hereby constituted the central depository for public records. It shall be the duty of all departments, boards, commissions, officers or other agencies of the Commonwealth to supply to the central depository copies of each of their reports and publications issued for general public distribution after July 1, 1958, in the number and in the manner prescribed by rule or regulation promulgated by the department pursuant to KRS 171.450 . College, university, and public libraries may be constituted depository libraries by written order of the department. The central depository shall supply copies to such depository libraries in the number and in the manner prescribed by rule or regulation promulgated by the department pursuant to KRS 171.450 .

History. Enact. Acts 1958, ch. 49, § 10; 1970, ch. 92, § 38.

171.510. Advisory groups for commission.

The commission may from time to time appoint advisory groups to more effectively obtain the best professional thinking of the bar, historians, political scientists, accountants, genealogists, patriotic groups, and associations of public officials on the steps to be taken with regard to any particular group or type of records.

History. Enact. Acts 1958, ch. 49, § 11, effective June 19, 1958.

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

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

History. Enact. Acts 1958, ch. 49, § 12; 1970, ch. 92, § 39; 1984, ch. 172, § 1, effective July 13, 1984; 1986, ch. 66, § 1, effective July 15, 1986.

Opinions of Attorney General.

A county desiring to destroy or dispose of records must do so in accordance with the rules and regulations of the Archives and Records Commission, and in the absence of such rule or regulation must secure prior approval of the Commission. OAG 60-835 .

Disposal of municipal records is subject to the rules and regulations of the Archives and Records Commission. OAG 69-108 .

The preservation or disposal of election records would be controlled by the State Division of Archives and Records. OAG 72-385 .

171.530. Retention and recovery of records.

The commission shall establish standards for the selective retention of records of continuing value, and the department shall assist state and local agencies in applying such standards to records in their custody. The department shall notify the head of any such agency of any actual, impending, or threatening unlawful removal, defacing, alteration, or destruction of records in the custody of such agency that has come to its attention, and initiate action through the agency head or Attorney General for the recovery of such records as shall have been unlawfully removed and for such other redress as may be provided by law.

History. Enact. Acts 1958, ch. 49, § 13; 1970, ch. 92, § 40; 1982, ch. 245, § 5, effective July 15, 1982.

Opinions of Attorney General.

A county desiring to destroy or dispose of records must do so in accordance with the rules and regulations of the Archives and Records Commission, and in the absence of such rule or regulation must secure prior approval of the Commission. OAG 60-835 .

Disposal of municipal records is subject to the rules and regulations of the archives and Records Commission. OAG 69-108 .

Where records have not been unlawfully removed but are threatened with an unauthorized transfer, the department may enjoin their removal. OAG 78-519 .

Since the Open Records Act does not regulate management practices of keeping public records and since the Attorney General’s decisions are limited to whether a requested document is in the possession of a public agency and whether such document is subject to public inspection, the request that university, in not identifying one person as the official custodian in charge of enforcing proper records keeping practices, be charged with violating the Open Records Act, as well as the request for provision of a copy of the contract of the person thought to be the official custodian of the university’s records, were denied. OAG 94-ORD-8.

Although the Attorney General may be called on to intervene in the recovery of records when it comes to the attention of the Department for Library and Archives that those records are threatened with unlawful removal, defacing, alteration, or destruction pursuant to this section, he is not empowered to issue a legally enforceable decision relative to those acts; his decisions under the Open Records Act are limited to the question of whether the agency violated the provisions of KRS 61.870 to 61.884 . OAG 94-ORD-12.

171.540. Inspection of agency records.

The department is authorized to inspect or survey the records of any state or local agency, as well as to make surveys of records management and records disposal practices in such agencies, and shall be given full cooperation of officials and employees of agencies in such inspection and surveys; provided, that records, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, shall be inspected or surveyed only in accordance with law, and the rules and regulations of the department.

History. Enact. Acts 1958, ch. 49, § 14; 1970, ch. 92, § 41.

171.550. Processing and servicing records.

The department is authorized to establish an interim records center or centers for the storage, processing, and servicing of records of state and local agencies pending their deposit in the State Archives and Records Center or their disposition in any other manner authorized by law, and to establish, maintain and operate centralized microfilming, photostating, indexing, decontamination and lamination and any other records repair and rehabilitation services for state and local agencies.

History. Enact. Acts 1958, ch. 49, § 15; 1970, ch. 92, § 42.

171.560. Transfer of records.

Subject to applicable provisions of law, the department shall promulgate rules and regulations governing the transfer of records from the custody of one (1) state or local agency to that of another.

History. Enact. Acts 1958, ch. 49, § 16; 1970, ch. 92, § 43.

Opinions of Attorney General.

Neither this section nor regulation 725 KAR 1:030 § 3 gives authority to any person or agency to transfer records without the approval of the department. OAG 78-519 .

The Department of Library and Archives (now Department for Libraries and Archives) has plenary authority under this section to prohibit the transfer of any public record as defined in KRS 171.410 (1) from state or local government offices to the University of Louisville. OAG 78-519 .

Should the Department for Libraries and Archives elect to authorize the transfer of copies of the Register of Births and Deaths to other agencies, a disclaimer should be placed inside each of the volumes of the Register which would indicate that the information contained in the Register may not be accurate and that the Register does not represent an update-to-date listing of Kentucky births and deaths. OAG 91-25 .

171.570. Extension of agency retention period.

The department may empower any state or local agency, upon the submission of evidence of the need therefor, to retain records for a longer period than that specified in any approved disposal schedule, or by law but the agency shall report all such actions to the commission at its next meeting for approval or disapproval.

History. Enact. Acts 1958, ch. 49, § 17; 1966, ch. 255, § 160; 1970, ch. 92, § 44.

Opinions of Attorney General.

Disposal of municipal records is subject to the rules and regulations of the Archives and Records Commission. OAG 69-108 .

171.580. Historical records.

The department, whenever it appears to be in the public interest, is authorized:

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

History. Enact. Acts 1958, ch. 49, § 18; 1970, ch. 92, § 45.

Opinions of Attorney General.

Should the Department for Libraries and Archives elect to authorize the transfer of copies of the Register of Births and Deaths to other agencies, a disclaimer should be placed inside each of the volumes of the Register which would indicate that the information contained in the Register may not be accurate and that the Register does not represent an update-to-update listing of Kentucky births and deaths. OAG 91-25 .

171.590. Public nature of records in department’s custody.

The department shall be responsible for the custody, use, and withdrawal of records transferred to it. All papers, books, and other records of any matters so transferred are public records and shall be open to inspection by any interested person subject to reasonable rules as to time and place of inspection established by the department; provided that whenever any records, the use of which is subject to statutory limitations and restrictions, are so transferred, the department shall enforce such limitations. Restrictions shall not remain in effect after the records have been in existence for fifty (50) years.

History. Enact. Acts 1958, ch. 49, § 19; 1970, ch. 92, § 46.

NOTES TO DECISIONS

1. Statutory Restrictions.

Under law providing that information acquired in tax administration is not to be divulged, the annual reports filed in the auditor’s office under law requiring annual reports from corporations, and other documents based upon them, are not “public records,” so as to be subject to the inspection of any party needing the information for purposes of suit, but “confidential reports,” to be divulged only in accordance with the statute. Fayette County v. Martin, 279 Ky. 387 , 130 S.W.2d 838, 1939 Ky. LEXIS 299 ( Ky. 1939 ), overruled, St. Matthews v. Voice of St. Matthews, Inc., 519 S.W.2d 811, 1974 Ky. LEXIS 12 ( Ky. 1974 ), overruled in part, St. Matthews v. Voice of St. Matthews, Inc., 519 S.W.2d 811, 1974 Ky. LEXIS 12 ( Ky. 1974 ), overruled on other grounds, St. Matthews v. Voice of St. Matthews, Inc., 519 S.W.2d 811, 1974 Ky. LEXIS 12 (Ky. 1974) (decided under prior law).

Research References and Practice Aids

Cross-References.

Open Records Law, KRS 61.870 to 61.884 .

171.600. Servicing records.

The department shall make provisions for the preservation, management, repair and rehabilitation, duplication and reproduction, description, and exhibition of records or related documentary material transferred to it as may be needful or appropriate, including the preparation and duplication of inventories, indexes, catalogs, and other finding aids or guides facilitating their use.

History. Enact. Acts 1958, ch. 49, § 20; 1970, ch. 92, § 47.

171.610. Facilities for public inspection.

The department shall make such provision and maintain such facilities as it deems necessary or desirable for servicing records in its custody that are not exempt from examination by statutory provisions or other restrictions.

History. Enact. Acts 1958, ch. 49, § 21; 1970, ch. 92, § 48.

171.620. Private documents of public interest.

The department is authorized, whenever it is deemed to be in the public interest, to accept for deposit:

  1. The papers and other historical materials of any Governor of the Commonwealth of Kentucky, or of any other official or former official of the state or its subdivisions, and other papers relating to and contemporary with any Governor or former Governor of Kentucky, subject to restrictions agreeable to the department and the donor;
  2. Documents, including motion picture films, still pictures, sound recordings, maps, and papers, from private sources that are appropriate for preservation by the state government as evidence of its organization, functions, policies, and transactions or those of its subdivisions.

History. Enact. Acts 1958, ch. 49, § 22; 1970, ch. 92, § 49.

171.630. Reproduction fee.

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

History. Enact. Acts 1958, ch. 49, § 23; 1970, ch. 92, § 50.

171.640. Documentation of agency matters — Standards, rules and regulations.

The head of each state or local agency shall cause to be made and preserved records containing adequate and proper documentation of the organizational functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish information necessary to protect the legal and financial rights of the government and of persons directly affected by the agency’s activities. Such documentation shall be created, managed, and preserved in accordance with standards, rules and regulations prescribed by the department under the provisions of KRS 171.410 to 171.740 .

History. Enact. Acts 1958, ch. 49, § 24; 1986, ch. 66, § 2, effective July 15, 1986.

Opinions of Attorney General.

Since the Open Records Act does not regulate management practices of keeping public records and since the Attorney General’s decisions are limited to whether a requested document is in the possession of a public agency and whether such document is subject to public inspection, the request that university, in not identifying one person as the official custodian in charge of enforcing proper records keeping practices, be charged with violating the Open Records Act as well as the request for provision of a copy of the contract of the person thought to be the official custodian of the university’s records were denied. OAG 94-ORD-8.

While there is certainly an essential relationship between KRS Chapter 61, the Open Records Act, and KRS Chapter 171, state archives and records, insofar as effective records management facilitates efficient governmental operation and public accountability, KRS 61.876 requires each public agency to adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 which provision is aimed at insuring that each agency will educate the public on its particular policies and practices relative to open records; the records retention and disposal schedule envisioned by KRS Chapter 171 does not correspond to the rules and regulations for public agencies mandated by KRS 61.876 , nor are agencies required to formulate these rules and regulations under the direction of the Department for Libraries and Archives. OAG 94-ORD-12.

Because teacher council member election records are scheduled public records for purposes of records retention and management, the school’s inability to produce these records for inspection and copying because it does not maintain them constituted a subversion of the intent of both the Open Records Act and the State Archive and Records Act. OAG 01-ORD-94.

171.650. Public nature of agency records. [Repealed.]

Compiler’s Notes.

This section (Acts 1958, ch. 49, § 25) was repealed by Acts 1976, ch. 273, § 10. For present law see KRS 61.870 to 61.884 .

171.660. Authorized reproductions — Disposal of originals.

When the Governor, Lieutenant Governor, or any state agency or subdivision or the principal officer thereof shall reproduce and preserve for record any records or papers by photographic, microphotographic, nonerasable optical image, or other process which accurately reproduces the original records, which forms a durable medium, and which is performed in accordance with rules and regulations promulgated by the department, the original may be disposed of or destroyed.

History. Enact. Acts 1958, ch. 49, § 26; 1970, ch. 92, § 51; 1986, ch. 223, § 1, effective July 15, 1986; 1990, ch. 37, § 1, effective July 13, 1990; 1990, ch. 88, § 82, effective July 1, 1992.

Compiler’s Notes.

This section was amended by § 82 of Acts 1990, ch. 88 to contingently become effective as provided by § 93 of Acts 1990, ch. 88. However, § 93 of Acts 1990, ch. 88 was repealed by § 30 of Acts 1992, ch. 324, effective July 1, 1992. Therefore the amendment of this section by § 82 of Acts 1990, ch. 88 became effective July 1, 1992.

Legislative Research Commission Note.

(7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

171.670. Destruction of records.

When there is a question whether a particular record or group of records should be destroyed, the commission shall have exclusive authority to decide whether or not the record or group of records are to be destroyed.

History. Enact. Acts 1958, ch. 49, § 27; 1962, ch. 106, Art. V, § 4; 1970, ch. 92, § 52; 1982, ch. 245, § 6, effective July 15, 1982.

Opinions of Attorney General.

A county desiring to destroy or dispose of records must do so in accordance with the rules and regulations of the Archives and Records Commission, and in the absence of such rule or regulation must secure prior approval of the Commission. OAG 60-835 .

Requests for disposal or destruction of the records of the office of county treasurer must be submitted to the State Archives and Records Commission for determination and the request must be initially channeled through the Director of State Archives and Records Service. OAG 65-207 .

Where records are not deemed to have any current or practical value, the State Archives and Records Commission determines whether or not the particular set of records in question is to be destroyed. OAG 65-490 .

The county court clerk can microfilm documents presented for recording in the deed, mortgage or will books and use the microfilm in lieu of his original record. OAG 67-460 .

The county court clerk can microfilm the deed, mortgage and will books thus making microfilms the original record provided it is accomplished in accordance with the rules and regulations promulgated by the State Archives and Records Commission. OAG 67-460 .

Disposal of municipal records is subject to the rules and regulations of the Archives and Records Commission. OAG 69-108 .

Where a community hospital was closed and the new hospital did not want the old patient records, permission would have to be obtained from the State Archives and Records Commission before the old records could be destroyed. OAG 71-89 .

KRS 382.290 and 382.360 providing for marginal releases and assignments of mortgages and notes or marginal notations by the clerk do not preclude the microfilming, under the authority of KRS 171.660 and this section, of original instruments lodged for record by the county clerk, which microfilm would constitute the clerk’s record, providing the microfilming of the clerk’s records is accomplished in accordance with the rules and regulations of the State Archives and Records Commission. OAG 75-386 .

171.680. Records management by agencies.

  1. The head of each state and local agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency.
  2. Such program shall provide for:
    1. Effective controls over the creation, maintenance, and use of records in the conduct of current business;
    2. Cooperation with the department in applying standards, procedures, and techniques designed to improve the management of records;
    3. Promotion of the maintenance and security of records deemed appropriate for preservation, and facilitation of the segregation and disposal of records of temporary value;
    4. Compliance with the provisions of KRS 171.410 to 171.740 and the rules and regulations of the department; and
    5. Compliance with the provisions of KRS 61.931 to 61.934 .

History. Enact. Acts 1958, ch. 49, § 28; 1970, ch. 92, § 53; 2014, ch. 74, § 9, effective January 1, 2015.

Legislative Research Commission Note.

(1/1/2015). 2014 Ky. Acts ch. 74, sec. 10 provided that “the provisions of this Act shall not impact the provisions of KRS 61.870 to 61.884 .” That proviso applies to this statute as amended in Section 9 of that Act.

Opinions of Attorney General.

The University of Kentucky subverted the intent of the Open Records Act, which is essentially related to the intent of the State Archives and Records Act, by failing to develop an adequate program for ensuring records management through agency oversight of employee records handling practices; and by failing to develop a coherent scheme for the organized maintenance of records at identified maintenance locations. OAG 94-ORD-121.

Since July 15, 1994, when the amendments to the Open Records Act took effect, there is a higher standard of review relative to denials based on the nonexistence, or the destruction, of the requested records. In order to satisfy its statutory burden of proof, a public agency must, at a minimum, document what efforts were made to locate the missing records. Because the agency failed to provide even a minimal explanation for the loss of the requested records, the agency failed to adequately manage its records. OAG 94-ORD-141.

171.690. Storage of agency records.

Whenever the head of a state or local agency determines that substantial economies or increased operating efficiency can be effected thereby, he shall provide for the storage, processing and servicing of records that are appropriate therefor in the records center maintained and operated by the department or, when approved by the department in such location maintained and operated by the head of such agency.

History. Enact. Acts 1958, ch. 49, § 29; 1970, ch. 92, § 54.

Opinions of Attorney General.

A county clerk may not store any records with a private storage firm without approval from the Department for Libraries and Archives, and even with such approval, can only store records with a private firm if the local agency maintains and operates the storage space. OAG 82-283 .

171.700. Certification of records.

Any official who is authorized to certify to facts on the basis of records in his custody is authorized to certify to facts on the basis of records that have been transferred by him or his predecessors to the department, further provided, that any fee due any official of the state or its subdivisions shall not be eliminated by KRS 171.410 to 171.740 .

History. Enact. Acts 1958, ch. 49, § 30; 1970, ch. 92, § 55.

171.710. Safeguarding agency records.

The head of each state and local agency shall establish such safeguards against removal or loss of records as he shall deem necessary and as may be required by rules and regulations issued under authority of KRS 171.410 to 171.740 . Such safeguards shall include making it known to all officials and employees of the agency that no records are to be alienated or destroyed except in accordance with law, and calling their attention to the penalties provided by law for the unlawful removal or destruction of records.

History. Enact. Acts 1958, ch. 49, § 31, effective June 19, 1958.

Opinions of Attorney General.

The University of Kentucky subverted the intent of the Open Records Act, which is essentially related to the intent of the State Archives and Records Act, by failing to develop an adequate program for ensuring records management through agency oversight of employee records handling practices. OAG 94-ORD-121.

171.720. Agency recovery of records.

The head of each state and local agency shall notify the department of any actual, impending or threatened unlawful removal, defacing, alteration or destruction of records in the custody of the agency that shall come to his attention, and with the assistance of the department shall initiate action through the Attorney General for recovery of such records as shall have been unlawfully removed and for such other redress as may be provided by law.

History. Enact. Acts 1958, ch. 49, § 32; 1970, ch. 92, § 56.

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

Nothing in KRS 171.410 to 171.740 shall be construed as limiting the authority of the State Auditor, or other officers charged with prescribing accounting systems, forms, or procedures or of lessening the responsibility of collecting and disbursing officers for rendering of their accounts for settlement. Nothing in KRS 171.410 to 171.740 shall be construed as changing, modifying or affecting the present law or laws concerning confidential records of any state agency and the use thereof. All such laws remain in full force and effect.

History. Enact. Acts 1958, ch. 49, § 33.

171.740. General Assembly records.

The Legislative Research Commission shall, unless otherwise directed by the Senate or House of Representatives obtain at the close of each session of the General Assembly all of the noncurrent records of the General Assembly and of each committee thereof and transfer them to the State Archives and Records Center for preservation.

History. Enact. Acts 1958, ch. 49, § 34.

Kentucky Capitol Centennial Commission

171.750. Kentucky Capitol Centennial Commission. [Repealed]

History. Enact. Acts 2009, ch. 43, § 1, effective June 25, 2009; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2009, ch. 43, § 1, effective June 25, 2009) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

171.751. Duties of Kentucky Capitol Centennial Commission. [Repealed]

History. Enact. Acts 2009, ch. 43, § 2, effective June 25, 2009; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2009, ch. 43, § 2, effective June 25, 2009) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

171.752. Expiration of Kentucky Capitol Centennial Commission. [Repealed]

History. Enact. Acts 2009, ch. 43, § 3, effective June 25, 2009; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2009, ch. 43, § 3, effective June 25, 2009) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

Commonwealth of Kentucky War of 1812 Bicentennial Commission

171.755. Kentucky War of 1812 Bicentennial Commission. [Repealed]

History. Enact. Acts 2010, ch. 68, § 1, effective July 15, 2010; 2015 ch. 69, § 10, effective June 24, 2015; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2010, ch. 68, § 1, effective July 15, 2010; 2015, ch. 69, § 10, effective June 24, 2015) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

171.757. Commission’s powers. [Repealed]

History. Enact. Acts 2010, ch. 68, § 2, effective July 15, 2010; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2010, ch. 68, § 2, effective July 15, 2010) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

Kentucky Military Heritage Commission

171.780. Definitions for KRS 171.780 to 171.788.

As used in KRS 171.780 to 171.788 , unless the context otherwise requires:

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

History. Enact. Acts 2002, ch. 40, § 1, effective July 15, 2002.

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

  1. The Kentucky Military Heritage Commission is hereby established as an independent agency of the Commonwealth of Kentucky which is attached to the Kentucky Heritage Council for administrative and support purposes. The Heritage Council may request and receive additional administrative aid and support from the Kentucky Historical Society, the Department of Military Affairs, the Commission on Military Affairs, and the Department of Veterans’ Affairs.
  2. The Kentucky Military Heritage Commission shall consist of the adjutant general, the executive director of the Kentucky Historical Society, the state historic preservation officer, the executive director of the commission on Military Affairs, and the commissioner of the Department of Veterans’ Affairs or their designees, whose names shall be provided in writing.
  3. The commission shall receive requests for designation of a geographic site as a military heritage site and for designation of an object as a military heritage object in accordance with KRS 171.780 to 171.788 and the administrative regulations promulgated thereunder.
  4. The commission shall promulgate administrative regulations necessary to carry out KRS 171.780 to 171.788 and to protect military heritage sites and military heritage objects.
  5. The commission may seek funding from any source, public or private, and may expend funds for the operation of the commission and for the protection of military heritage sites and military heritage objects.
  6. The commission may employ such persons as it deems necessary, consistent with available funding, to carry out the duties of the commission.

HISTORY: Enact. Acts 2002, ch. 40, § 2, effective July 15, 2002; 2006, ch. 194, § 4, effective July 12, 2006; 2015 ch. 69, § 11, effective June 24, 2015.

171.784. Nomination of locations and objects for military heritage designation — Rescission.

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

History. Enact. Acts 2002, ch. 40, § 3, effective July 15, 2002.

171.786. Meaning of military heritage designation — Administrative regulations.

  1. Designation of an historic geographic site as a military heritage site means that the site cannot be destroyed, removed, or significantly altered, other than for repair or renovation without the written consent of the commission.
  2. Designation of an object as a military heritage object means that the object cannot be destroyed, removed, sold, or significantly altered, other than for repair or renovation or temporary loan not exceeding one (1) year without the written consent of the commission.
  3. The commission shall promulgate administrative regulations defining permitted and forbidden activities relating to military heritage sites and military heritage objects and which activity requires either written permission of the commission or action by the commission to rescind the designation of the site as a military heritage site or rescind the designation of the object as a military heritage object.

History. Enact. Acts 2002, ch. 40, § 4, effective July 15, 2002.

171.788. Penalties for destruction or alteration.

  1. Destruction, removal, sale, gift, loan, or significant alteration of a site designated as a military heritage site without the written approval of the commission or the commission’s rescinding the designation of the site as a military heritage site is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
  2. Destruction, removal, sale, gift, loan, or significant alteration of an object designated as a military heritage object without the written approval of the commission or the commission’s rescinding the designation of the object as a military heritage object is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
  3. The provision of this section shall not apply to repair, restoration, and temporary loan activities which are permitted by KRS 171.786 .

History. Enact. Acts 2002, ch. 40, § 5, effective July 15, 2002.

Kentucky African-American Heritage Commission

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

  1. The Kentucky African-American Heritage Commission is hereby established to perform the functions specified in KRS 171.805 .
  2. The membership of the commission shall consist of three (3) ex officio members and seventeen (17) members who derive from geographically diverse areas of the state and who represent various heritage interests as follows:
    1. The secretary of the Tourism, Arts and Heritage Cabinet, or the secretary’s designee to serve ex officio;
    2. The president of Kentucky State University, or the president’s designee to serve ex officio;
    3. The director of the Kentucky Heritage Council, or the director’s designee to serve ex officio;
    4. Four (4) members from institutions of higher education;
    5. One (1) member from the preservation community;
    6. One (1) member from the arts community; and
    7. Eleven (11) members from the public-at-large.
  3. Appointed members shall be appointed by the Governor and shall serve for terms of four (4) years. Any vacancies shall be filled by appointment of the Governor for the remainder of the unexpired term.
  4. Commission members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
  5. From the commission membership, the Governor shall appoint a chairman and a vice chairman of the commission. The commission may elect by majority vote other officers deemed necessary.
  6. The commission shall meet at the call of the chairman, but not less often than three times during each calendar year. A majority of the members appointed to the commission shall constitute a quorum.
  7. The commission shall be attached to the Kentucky Heritage Council for administrative purposes.
  8. The commission may accept grants or raise funds from any available source, public or private, to accomplish its duties and responsibilities. Committees may be formed at the discretion of the chairman.
  9. The African-American Heritage Program is established as a branch within the Kentucky Heritage Division, whose responsibilities shall include providing staff services needed to perform its duties under KRS 171.805 .

History. Enact. Acts 1996, ch. 241, § 2, effective July 15, 1996; 2009, ch. 16, § 47, effective June 25, 2009.

171.805. Purpose of commission — Duties and functions.

  1. The Kentucky African-American Heritage Commission shall be dedicated to the preservation and protection of all meaningful vestiges of Kentucky’s African-American heritage.
  2. The duties and functions of the commission shall be to:
    1. Advise the secretary of the Tourism, Arts and Heritage Cabinet and agencies within the cabinet on matters relating to African-American heritage;
    2. Encourage other public and private agencies within the areas of the arts, the humanities, and the sciences to incorporate the African-American influence when developing programs on the history and heritage of Kentucky;
    3. Represent a network of groups and individuals interested or involved in promoting awareness of African-American heritage in Kentucky;
    4. Advocate the preservation, conservation, and interpretation of significant buildings, sites, neighborhoods, documents, artifacts, and lifeways that represent and embody African-American heritage;
    5. Recognize and sanction projects which advance wider knowledge of African-Americans’ impact on life in Kentucky; and
    6. Coordinate an initiative to protect, preserve, and promote the history of the Underground Railroad in Kentucky, in accordance with KRS 171.812 .

History. Enact. Acts 1996, ch. 241, § 3, effective July 15, 1996; 2003, ch. 11, § 4, effective June 24, 2003; 2006, ch. 211, § 112, effective July 12, 2006; 2009, ch. 16, § 48, effective June 25, 2009.

171.810. Definitions for KRS 171.810 to 171.814.

As used in KRS 171.810 to 171.814 :

  1. “Commission” means the Kentucky African-American Heritage Commission.

“Underground Railroad” means the escape of African-American slaves from or through Kentucky.

HISTORY: Enact. Acts 2003, ch. 11, § 1, effective June 24, 2003; 2017 ch. 80, § 14, effective June 29, 2017.

171.812. Underground Railroad initiative.

The commission shall coordinate Kentucky’s Underground Railroad initiative in accordance with KRS 171.805 . The commission’s duties as they relate to this initiative shall include but not be limited to the following:

  1. Undertake a comprehensive statewide inventory of historic sites related to the Underground Railroad, and implement a master plan for site protection and development;
  2. Encourage and assist the state preservation officer within the Kentucky Heritage Council to nominate significant historical sites of the Kentucky Underground Railroad to the national and state registers of historic places;
  3. Develop and operate, in conjunction with the Tourism, Arts and Heritage Cabinet, a program of public information, education, and promotion of the history of the Underground Railroad in Kentucky, to include but not be limited to implementing and maintaining a Web site connected to the Tourism, Arts and Heritage Cabinet;
  4. Coordinate with local, state, and federal authorities in project planning that may affect Underground Railroad sites in Kentucky and neighboring states;
  5. Present to the secretary of the Tourism, Arts and Heritage Cabinet an annual report and plan for future action; and
  6. Pursue public and private funds to carry out the duties set forth in this section.

HISTORY: Enact. Acts 2003, ch. 11, § 2, effective June 24, 2003; 2005, ch. 95, § 37, effective June 20, 2005; 2009, ch. 16, § 49, effective June 25, 2009; 2017 ch. 80, § 15, effective June 29, 2017.

171.814. Underground Railroad Advisory Council — Members — Duties — Meetings. [Repealed]

History. Enact. Acts 2003, ch. 11, § 3, effective June 24, 2003; 2005, ch. 95, § 38, effective June 20, 2005; 2006, ch. 211, § 113, effective July 12, 2006; 2009, ch. 11, § 57, effective June 25, 2009; 2009, ch. 16, § 50, effective June 25, 2009; 2015 ch. 69, § 12, effective June 24, 2015; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2003, ch. 11, § 3, effective June 24, 2003; 2005, ch. 95, § 38, effective June 20, 2005; 2006, ch. 211, § 113, effective July 12, 2006; 2009, ch. 11, § 57, effective June 25, 2009; 2009, ch. 16, § 50, effective June 25, 2009; 2015, ch. 69, § 12, effective June 24, 20152015, ch. 69, § 12, effective June 24, 2015) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

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

The Tourism, Arts and Heritage Cabinet shall be charged with the purpose of protecting, preserving, and promoting the history of the Underground Railroad in Kentucky in accordance with KRS 171.805 and 171.810 to 171.812 . The secretary of the Tourism, Arts and Heritage Cabinet shall receive an annual report from the Kentucky African-American Heritage Commission in accordance with KRS 171.812 (5), and shall review and submit the annual report to the Governor and the Legislative Research Commission for distribution to the appropriate committees.

HISTORY: Enact. Acts 2003, ch. 11, § 5, effective June 24, 2003; 2006, ch. 211, § 114, effective July 12, 2006; 2009, ch. 16, § 51, effective June 25, 2009; 2017 ch. 80, § 16, effective June 29, 2017.

Legislative Research Commission Note.

(6/24/2003). Although 2003 Ky. Acts ch. 11,sec. 5, indicated that this section was to be codified as a new section of KRS Chapter 12, the statute has been placed in KRS Chapter 171 because, given the subject matter of the section, KRS Chapter 171 is the more logical placement. See KRS 7.136 .

Kentucky Native American Heritage Commission

171.820. Kentucky Native American Heritage Commission — Members — Officers — Meetings — Funding.

  1. The Kentucky Native American Heritage Commission is hereby established to promote, in partnership with the Tourism, Arts and Heritage Cabinet, awareness of significant Native American influences within the historical and cultural experiences of Kentucky.
  2. The membership of the commission shall consist of seventeen (17) members who derive from geographically diverse areas of the state and who represent various heritage interests as follows:
    1. The secretary of the Tourism, Arts and Heritage Cabinet, or the secretary’s designee;
    2. Three (3) members from institutions of higher learning;
    3. Two (2) members from the preservation or archeological communities;
    4. One (1) member from the arts community; and
    5. Ten (10) members from the public at large, eight (8) of whom shall be of Native American heritage.
  3. Members listed in paragraphs (b) to (e) of subsection (2) of this section shall be appointed by the Governor and shall serve for terms of four (4) years. Any vacancy shall be filled by appointment of the Governor for the remainder of the unexpired term.
  4. Commission members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
  5. From the commission membership, the Governor shall appoint a chair and vice chair of the commission. The commission may elect by majority vote other officers deemed necessary.
  6. The commission shall meet at least three (3) times per year. Notice of the time and location of each meeting shall be provided in writing to each member at least ten (10) days in advance of the meeting.
  7. A majority of the members present shall constitute a quorum.
  8. Committees may be formed at the discretion of the chair.
  9. The commission may seek and accept grants or raise funds from any available source, public or private, to accomplish its duties and responsibilities.
  10. The commission shall be attached for administrative purposes to the Kentucky Heritage Council, whose responsibilities shall include but not be limited to designating a staff person to coordinate commission staff needs and providing other staff and services as needed for the commission to perform its duties under KRS 171.822 .

History. Enact. Acts 2004, ch. 49, § 1, effective July 13, 2004.

Legislative Research Commission Notes.

(6/25/2009). 2009 Ky. Acts ch. 16, relating to the creation and organization of the Tourism, Arts and Heritage Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

171.822. Duties of Kentucky Native American Heritage Commission.

The duties of the Kentucky Native American Heritage Commission shall be to:

  1. Advise the Tourism, Arts and Heritage Cabinet, the Kentucky Heritage Council, and the Kentucky General Assembly on matters relating to Native American heritage;
  2. Encourage other public and private agencies within the areas of the arts, humanities, and sciences to incorporate the Native American influence when developing programs on the history and heritage of Kentucky;
  3. Represent a network of groups and individuals interested, or actively involved, in promoting awareness of Native American heritage in Kentucky;
  4. Support the preservation, conservation, and interpretation of significant buildings, sites, structures, documents, artifacts, and lifestyles that represent and embody Native American heritage; and
  5. Recognize and sanction projects that advance wider knowledge of Native Americans’ contributions to, and influence and impact on, life in Kentucky.

History. Enact. Acts 2004, ch. 49, § 2, effective July 13, 2004; 2009, ch. 16, § 52, effective June 25, 2009.

Property on Loan to Museums

171.830. Definitions for KRS 171.830 to 171.849.

As used in KRS 171.830 to 171.849 , unless the context otherwise requires:

  1. “Loan” means a deposit of property in a museum not accompanied by a transfer of title to the property, whether or not such deposit is accompanied by an oral or written agreement or other documentation;
  2. “Museum” means an institution located in Kentucky and operated by a nonprofit corporation, the Commonwealth of Kentucky, a city, a county, an urban-county, or a charter county, primarily for educational, scientific, aesthetic, historic, or preservation purposes, and which owns, cares for, exhibits, studies, archives, or catalogues property. Museums shall include, but not be limited to, traditional museums, historical societies, historic sites or landmarks, parks, monuments, and libraries;
  3. “Museum records” means documents created or held by a museum in its regular course of business;
  4. “Property” means a tangible object, under a museum’s care, which has intrinsic historic, artistic, scientific, or cultural value; and
  5. “Tangible objects” shall include, but not be limited to, manuscripts, letters, correspondence, writings, notes, ledgers, accounts, charts, maps, photographs, drawings and similar renderings, and personal property, regardless of the medium in which an object is held.

History. Enact. Acts 1996, ch. 368, § 1, effective July 15, 1996.

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

No later than forty-five (45) days after a museum receives a loan of property, the museum shall mail the provisions of KRS 171.830 to 171.849 to the owner, by certified mail, return receipt requested.

History. Enact. Acts 1996, ch. 368, § 2, effective July 15, 1996.

171.836. Museum’s ability to acquire title to property held by loan or otherwise.

  1. If property is on loan to a museum pursuant to a loan agreement and the loan term expires, then the museum may initiate proceedings, pursuant to KRS 171.840 , to cause title to the property to vest in the museum.
  2. After a museum has held property for seven (7) years, other than by the terms of a loan agreement, that museum may initiate proceedings, pursuant to KRS 171.840 , to cause title to the property to vest in the museum.
  3. This section shall be retroactive.

History. Enact. Acts 1996, ch. 368, § 3, effective July 15, 1996.

171.840. Procedure to acquire title under KRS 171.836.

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

History. Enact. Acts 1996, ch. 368, § 4, effective July 15, 1996.

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

  1. If no written assertion of title has been presented to the museum within six (6) months from the date of the final published notice, title to the property shall vest in the museum free from all claims of the owner and all persons claiming under the owner.
  2. If title to property has vested in a museum pursuant to this section, a person who acquires that property from a museum also acquires good title.

History. Enact. Acts 1996, ch. 368, § 5, effective July 15, 1996.

171.846. Conservation measures for property on loan to museum.

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

History. Enact. Acts 1996, ch. 368, § 6, effective July 15, 1996.

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

The Kentucky Historical Society shall implement the provisions of KRS 171.830 to 171.849 through the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A.

History. Enact. Acts 1996, ch. 368, § 7, effective July 15, 1996.

Penalties

171.990. Penalties.

  1. Any person or library board violating any of the provisions of KRS 171.240 to 171.300 shall be fined not less than ten ($10) nor more than one hundred dollars ($100) for each offense.
  2. The board for certification of librarians may revoke the certificate of any person violating any of the provisions of KRS 171.240 to 171.300 , or any of the regulations as established by the board for certification.
  3. Any person knowingly violating the rules and regulations of the department pursuant to the provisions of KRS 171.450 , 171.560 , 171.670 , 171.710 , or 171.720 is guilty of a Class A misdemeanor and is also liable for damages or losses incurred by the Commonwealth. Any state employee who knowingly violates these provisions shall also be subject to dismissal from state employment upon a determination of fact, at a hearing, that a serious violation did occur. The employee’s right to appeal to the state personnel board is not abridged or denied. In the event of an appeal, the decision of the state personnel board is final.
  4. State employees dismissed under the provision of subsection (3) of this section shall have the right to reapply for state employment in accordance with state personnel rules governing dismissal. Such individuals shall have the full rights and privileges accorded under applicable equal opportunity laws.

History. 4618-130i, 4618-130k; amend. Acts 1972, ch. 223, § 5; 1982, ch. 245, § 7, effective July 15, 1982.

CHAPTER 172 County Law Libraries

172.010. County public library; establishment of. [Repealed.]

Compiler’s Notes.

This section (938d-1) was repealed by Acts 1944, ch. 160, § 13.

172.020. County library board. [Repealed.]

Compiler’s Notes.

This section (938d-1, 938d-3) was repealed by Acts 1944, ch. 160, § 13.

172.030. Certificate of appointment and oath; record of. [Repealed.]

Compiler’s Notes.

This section (938d-2) was repealed by Acts 1944, ch. 160, § 13.

172.040. Powers and duties of county library board. [Repealed.]

Compiler’s Notes.

This section (938d-3) was repealed by Acts 1944, ch. 160, § 13.

172.050. Tax levy for county library. [Repealed.]

Compiler’s Notes.

This section (938d-1, 938d-6) was repealed by Acts 1944, ch. 160, § 13.

172.060. Finance; county library fund; disbursements. [Repealed.]

Compiler’s Notes.

This section (938d-3) was repealed by Acts 1944, ch. 160, § 13.

172.070. Consolidation with other local libraries. [Repealed.]

Compiler’s Notes.

This section (938d-7) was repealed by Acts 1944, ch. 160, § 13.

172.080. County tax to support city library when used by county. [Repealed.]

Compiler’s Notes.

This section (938d-4) was repealed by Acts 1944, ch. 160, § 13.

172.090. Additional members on board; when appointed; terms; qualifications; authority. [Repealed.]

Compiler’s Notes.

This section (938d-5) was repealed by Acts 1944, ch. 160, § 13.

172.095. Contract with county. [Renumbered.]

Compiler’s Notes.

This section (2801c-1, 2801c-2) is recompiled as KRS 173.105 .

172.100. County law library — Location — Books — On-line legal resources.

  1. A county law library shall be established in each county seat and the fiscal court of each county shall designate sufficient room in the courthouse, in a building of good construction adjacent to the courthouse, in the local public library, or in a building where sessions of the District or Circuit Court are regularly held, or a combination of the foregoing, where such library shall be located and where the books and materials of the library may be safely kept.
  2. The books of the county law library shall consist of all volumes belonging to the state heretofore sent to the various county officials directed by law to receive such books, and all volumes hereafter sent to such library by the state, and all books now owned or hereafter acquired by the county for the library. The counties may provide on-line legal resources and may acquire books, maps, or other articles for the library by purchase, gift, or devise.

History. 2438c-8; 2007, ch. 35, § 1, effective June 26, 2007.

Opinions of Attorney General.

Under the provisions of this section and KRS 172.110 the Circuit Court Clerk may take reasonable steps to regulate the use of the county law library. OAG 72-394 .

A fiscal court may purchase a private law library and office equipment for the county law library pursuant to this section or it may purchase such library and equipment as a purchase for the county attorney’s office out of the excess fees of the succeeding county attorney or out of the county treasury where the fees of that office are insufficient for that purpose under the authority of KRS 64.530 and 67.080 . OAG 73-433 .

The strict language as to location of the library found in this section is permissive only. OAG 79-270 .

The establishing of a county law library in the county seat is mandatory. OAG 82-177 .

Research References and Practice Aids

Cross-References.

Books furnished by the state to be public property, KRS 57.360 .

City, county and regional libraries, KRS Ch. 173.

Kentucky historical society, fiscal court may authorize delivery of old books and documents to, KRS 171.340 .

Kentucky Reports, law library of each county entitled to one copy of, KRS 57.320 .

Public books to be stamped property of state, KRS 57.370 .

Session Acts, law library of each county entitled to one copy of, KRS 57.300 .

State library services and archives, KRS Ch. 171.

172.110. Circuit clerk is librarian — Duties — Salary — Inventory.

  1. The circuit clerk shall be ex officio librarian of the county law library, and he shall see that county and state officials have access to the library at reasonable hours each day except Sunday and holidays. He shall receive a salary of not less than fifty dollars ($50) nor more than one hundred dollars ($100) per month for his services as librarian.
  2. He shall keep the library rooms in order, preserve, arrange and index all the books, charts, maps and furniture belonging in the library, and see that no books or other things are taken from the library rooms without a receipt being given therefor.
  3. He shall receipt for all books, maps and furniture placed in the library. The receipts shall be given to the state law librarian and preserved in his office at Frankfort.
  4. He shall take an inventory each December of all the books, maps, charts or other property in the library belonging to the state and report the inventory under oath to the state law librarian before January 1 of the following year.

History. 2438c-8; amend. Acts 1954, ch. 42, § 22; 1956, ch. 142.

NOTES TO DECISIONS

  1. Salary.
  2. Social Security Contributions.
1. Salary.

Circuit Court Clerk in office when this section was enacted increasing only slightly duties theretofore imposed upon him, was not entitled to additional salary as librarian of county law library, in view of Const., §§ 161 and 235 prohibiting change of salary during term. Greenup County v. Spears, 259 Ky. 114 , 81 S.W.2d 905, 1935 Ky. LEXIS 268 ( Ky. 1935 ); Jackson County v. Madden, 271 Ky. 535 , 112 S.W.2d 986, 1938 Ky. LEXIS 20 ( Ky. 1938 ); Johnson County v. Meek, 276 Ky. 656 , 124 S.W.2d 1024, 1939 Ky. LEXIS 561 ( Ky. 1939 ).

2. Social Security Contributions.

State is not liable for social security contributions for sums paid to Circuit Court Clerk under this section. Barnes v. Barnes, 241 S.W.2d 993, 1951 Ky. LEXIS 1034 ( Ky. 1951 ).

Cited:

Wolfe County v. Smith, 283 Ky. 483 , 141 S.W.2d 874, 1940 Ky. LEXIS 357 ( Ky. 1940 ).

Opinions of Attorney General.

Income to the Circuit Court Clerk as county law librarian should be included in fees of the office for the purpose of social security coverage. OAG 63-880 .

The fiscal court could validly raise that portion of the circuit clerk’s salary that constituted his salary as law librarian after his term of office had begun. OAG 66-412 .

The salary payment of not less than $50.00 nor more than $100 per month for a librarian is mandatory. OAG 67-369 .

The Circuit Court Clerk as ex officio librarian of the county law library can receive the salary stipulated in this section in addition to his compensation as clerk which cannot exceed $15,667.20 per annum. OAG 75-134 .

The circuit clerk is ex officio the librarian of the county law library, his duties as librarian may not be delegated to an outsider but may be performed by a regular deputy circuit clerk, and his salary as librarian is official income and must be counted as a part of his fees in considering his maximum statutory compensation. OAG 75-573 .

On and after January 2, 1978, the law librarian’s salary will have to be paid out of the county treasury, and if the librarian’s salary, when considered as a part of the circuit clerk’s total compensation, exceeds the rubber dollar maximum for circuit clerks, the excess money will have to be turned over to the Department for Finance and Administration (now Finance and Administration Cabinet). OAG 77-270 .

The consumer price index formula adjustment of the circuit clerk’s compensation is only applied against the monetary level set forth in the state Constitution and does not operate on any statutory fees, salaries or statutory limits. OAG 77-482 .

A plan whereby a county law library would be housed in a university library 300 yards from the county courthouse, where the Circuit Court Clerk would receive new books, keep records of books received, take inventory, and deliver books to the library to be stored in the reference section to be available to all, but checked out only by officials and attorneys, is in substantial compliance with this section. OAG 79-270 .

The duties of the county law librarian generally cannot be delegated to others, however, since under KRS 61.035 a deputy clerk may perform any act permitted to be done by the principal ministerial officer, the circuit clerk may designate one or more of his deputy clerks to assist in the librarian function, where necessary. OAG 80-423 .

Since the circuit clerk has the positive duty to serve as the county law librarian, he is implicitly required to provide any personnel necessary to assist him in performing properly the function of county law librarian; this statutory responsibility really falls on the office of circuit clerk, regardless of who is clerk and thus the office staff (the clerk through use of his deputies) are held responsible for the librarian function. OAG 80-517 .

The librarian’s salary is not subject to indexing under the Consumer Price Index, since this section makes no provisions for indexing. OAG 82-177 .

The payment of the librarian’s salary is mandatory since this section says “shall receive.” OAG 82-177 .

There is no constitutional problem with subsection (1) of this section, which makes the circuit clerk the ex officio law librarian, except that the county law librarian function must not interfere with the clerk’s court functions as envisioned in Const., § 114 and KRS 30A.010 ; the circuit clerk is entitled to receive a salary from the county treasury, as a properly budgeted item under KRS Ch. 68, for actually serving as the ex officio librarian of the county law library and the salary provisions of KRS 64.055 (repealed) relate solely to the work of the clerk as Circuit and District Court Clerk. OAG 82-177 .

Where two successive circuit clerks performed the duties of county law librarian without compensation, the fiscal court might be required by a court to make up those payments, under the salary established pursuant to subsection (1) of this section, but within the five-year statute of limitation, pursuant to KRS 413.120(2). OAG 82-177 .

While the maximum salary, as set forth in Const., § 246 and indexed under the consumer price index concept, must apply to the same person for public services, regardless of whether such services are rendered in one position or more than one, the circuit clerk can accept the salary as law librarian, provided that the regular clerk’s salary and the library salary in the aggregate do not exceed the rubber dollar maximum for the particular year. OAG 82-177 .

The monthly salary of the clerk as ex officio librarian must be fixed by the fiscal court, payable out of the county treasury. OAG 83-75 .

The compensation for the librarian function, when added to what the circuit clerk receives as circuit clerk, cannot exceed the rubber dollar limit for each particular year. OAG 83-75 .

The circuit clerk is the ex officio librarian of the county law library and that function cannot legally be delegated to another person, except that the circuit clerk can delegate the clerk’s librarian function to the clerk’s deputies under KRS 61.035 . OAG 83-75 .

Salary paid to a Circuit Court clerk by a county fiscal court, for such officer’s services as ex officio county law librarian, cannot be lawfully credited in relation to a clerk’s Kentucky Employees Retirement System account, as such salary is not “creditable compensation” within that system. OAG 93-75 .

Circuit Court Clerk, as a part-time worker as ex officio county law librarian, was not eligible to have the salary for part-time work credited in relation to the County Employees Retirement System (CERS). OAG 94-45 .

Payment to the Circuit Court Clerk for part-time work as ex officio county law librarian did not constitute “creditable compensation” within the meaning of applicable statutes; moreover, there is no provision authorizing purchase of credit for part-time service as ex officio county law librarian. OAG 94-45 .

Where circuit clerk who took office in January 1995, in addition to her salary as circuit clerk, and as required by this section, received a monthly salary for her duties as county law librarian of $75, a reduction of such salary to $50 per month in July, 1995 was illegal since it is illegal to increase a clerk’s salary as law librarian during his term, in violation of Const. §§ 161 and 235, it is also illegal to decrease it. OAG 96-35 .

Research References and Practice Aids

Cross-References.

Officers to take good care of books entrusted to them, KRS 57.360 .

Kentucky Law Journal.

Vanlandingham, The Fee System in Kentucky, 40 Ky. L.J. 275 (1952).

172.120. Clerk to give inventories to successor — Receipt to predecessor — Liability for books lost.

  1. Each clerk shall turn over to his successor separate inventories of all books, stationery and other property in the library at the commencement of his term, and all property placed in the library during his term.
  2. Each clerk shall receipt to his predecessor for all books, stationery, and other property in the library at the time he takes charge, and shall be responsible upon his official bond for the value of all books lost from the library during his term of office.

History. 2438c-9.

172.130. Fiscal court members to be trustees — Appropriations.

The members of the fiscal court shall be trustees of the county law library and shall see that the circuit clerk properly discharges his duties as librarian. The fiscal court may appropriate money out of the county treasury to pay for legal textbooks and decisions of the courts of other states, and to replace decisions of the Court of Justice furnished by the state which have been lost, mutilated or destroyed.

History. 2438c-10; amend. Acts 1976, ch. 62, § 91.

Research References and Practice Aids

Cross-References.

Burned books, replacement of, KRS 57.350 .

172.140. Use of books — Removal from library — To be returned on request.

  1. Any person may use the books in the library, but the clerk shall not permit anyone to take the books out of the library, except that officials and attorneys-at-law may take the books to courtrooms to be used in the argument of cases there pending but not elsewhere.
  2. Any person who has in his possession any public book belonging to the state shall, upon request of the clerk having custody of the book, return it to the clerk.

History. 2431, 2438c-11.

172.150. Record of books taken from library — Liability for failure to return book — Action.

The clerk shall keep a record in which he shall charge each book to the person taking it from the library and he shall see that all books so taken are returned at the proper time. If any person fails to return a book taken out by him, he shall be liable for double the cost thereof and the clerk shall move for judgment in the name of the state against such person under the procedure set out in KRS 418.005 to 418.015 and CR 6.03(2). The state may have attachment without bond for all such books.

History. 2438c-12, 2438c-13; amend. Acts 1962, ch. 210, § 24.

172.160. State university and college libraries — Clerk may give material to.

The circuit clerk as county law librarian may give to the library of the University of Kentucky and to the libraries of the state universities and colleges, such noncurrent documents and reports and other library materials in his possession as are not needed by the county.

History. 2438c-11a.

Research References and Practice Aids

Cross-References.

Kentucky Historical Society, fiscal court may authorize delivery of old books and documents to, KRS 171.340 .

172.170. County law library.

  1. The provisions of KRS 172.100 to 172.160 shall not apply to any county that has a law library acquired under the provisions of Chapter 2 of the Acts of 1916. The fiscal court of such county may make such rules and regulations regarding the maintenance and operation of the library as the court deems proper and as are approved by the judge or judges of the Circuit Court of the county, and may employ a librarian at a salary not to exceed one hundred dollars ($100) per month, and pay said salary out of the general funds of the county. The library shall be for the use of the court officers and county officers of the county, and the fiscal court may provide for the use of the library by others than the court and county officers, on such terms as the fiscal court deems advisable and proper.
  2. All books belonging to the state heretofore or hereafter sent to the county officials directed by law to receive such books, all books sent to the library by the state, and all books now owned or hereafter acquired by the county for the library, shall constitute part of the library. The county may acquire books, maps or other articles for the library by purchase, gift or devise.

History. Enact. Acts 1946, ch. 168; 2014, ch. 92, § 242, effective January 1, 2015.

172.180. Alternate method of financing library.

Any county may adopt the following method of financing the cost of operation and maintenance of the county law library, in lieu of the method set out in KRS 172.130 or 172.170 :

  1. Upon petition of three-fourths (3/4) of the duly licensed and practicing attorneys resident in the county addressed to the Circuit Judge of the county, to the effect that they, as officers of the various courts of the county, recognize the need of a more adequate county law library, there being attached to said petition an attested copy of a resolution of the fiscal court of the county indorsing the adoption of this optional method of financing the cost of operation and maintenance of the county law library, the Circuit Judge shall enter an order noting that said optional plan for the financing of the cost of operation and maintenance of the county law library has been adopted.
  2. The order shall set forth the name of each duly licensed and practicing attorney signing said petition, and the order book and page number containing the resolution of the fiscal court.
  3. The order shall direct the following:
    1. That upon receipt of the order by the clerks of said courts there shall be taxed as costs in all criminal actions, except examining trials and felony trials, thereafter instituted in said court the following fee, which shall be designated as county law library fee, in District Court, a sum not to exceed fifty cents ($0.50); in Circuit and District Courts, on all civil actions a sum not to exceed one dollar ($1) excepting, however, in counties containing cities of the first class and counties containing an urban-county government or cities with populations equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, where the county law library fee, in District Court, shall be a sum not to exceed one dollar and fifty cents ($1.50); in Circuit and District Courts, on all civil actions, a sum not to exceed three dollars ($3); and
    2. That the circuit clerk shall at the end of each month pay all sums collected as county law library fees during the preceding month, to the trustees of the county law library, and the clerk shall make a full report with said payment, and receive a receipt for all payments.

History. Enact. Acts 1956, ch. 206, § 1; 1958, ch. 75, § 1; 1960, ch. 17, effective June 16, 1960; 1976 (Ex. Sess.), ch. 14, § 165, effective January 2, 1978; 1978, ch. 384, § 295, effective June 17, 1978; 1986, ch. 392, § 1, effective July 15, 1986; 1996, ch. 231, § 1, effective July 15, 1996; 2014, ch. 92, § 243, effective January 1, 2015.

Opinions of Attorney General.

The library tax cannot be imposed upon a fine paid to a police chief for a parking violation where no court action was involved. OAG 68-196 .

The trustees of the law library have no authority to expend law library funds for capital improvement or for items constituting realty. OAG 68-196 .

The county law library fee must be added to the costs in misdemeanor cases handled in city police courts. OAG 70-119 .

Where the Circuit Court ordered a fee for the county law library to be taxed as costs, the county law library fee must be added to the costs in misdemeanor cases handled by the police court of a second class city. OAG 70-119 .

It is the responsibility of the Circuit Court Clerk to keep records of books purchased under this section which are placed in the county law library. OAG 72-394 .

The 50¢ fee authorized by this section is applicable to the city of Paducah and is mandatory. OAG 72-484 .

172.190. County law library fund.

Upon adoption of the optional method of financing a county law library provided in KRS 172.180 , the funds derived from the county law library fee shall be designated county law library fund, and said fund shall be under the sole and full control of the trustees of the county law library.

History. Enact. Acts 1956, ch. 206, § 2; 1958, ch. 75, § 2, effective June 19, 1958.

172.200. Appointment of trustees — Powers — Duties — Limits on indebtedness — County not to be liable — Treasurer, duties.

  1. Upon the adoption of this optional plan, in counties other than those containing a city of the first class or consolidated local government, the Circuit Judge shall appoint one (1) member of the county’s bar, and the members of the county’s bar shall, by majority vote, elect another of their number, which two (2) attorneys shall, with the county attorney of the county, constitute and be designated as “Trustees,  . . . . . . . . . . . . . . . . . . . .  County Law Library.” In counties containing a city of the first class or consolidated local government, the Chief Circuit Judge shall appoint one (1) member of the county’s bar; the members of the county’s bar shall, by majority vote, elect another of their number; the fiscal court or consolidated local government pursuant to the provisions of KRS 67C.139 shall appoint one (1) member, and one (1) member shall be appointed by the Commonwealth’s attorney, which four (4) attorneys shall, with the county attorney of the county, constitute and be designated as “Trustees,  . . . . . County Law Library” or in a county containing a consolidated local government, “Trustees,  . . . . . / . . . . . County Law Library,” which shall be a combination of the names of the largest city in existence on the date of the approval of the consolidated local government and the county.
  2. The trustees shall serve for a term of two (2) years or until their successors are elected or qualified.
  3. The trustees shall be in charge of the county law library, and they shall make purchases of the various state and federal case reports, textbooks, legal encyclopedia, and all other books or equipment usually incident to or customarily found in law libraries, or necessary to the protection of the rights of litigants, and they shall cause same to be properly arranged in the county law library or Court of Justice facilities, directing the ex officio librarian in the exercise of his duties. The trustees may also provide on-line legal resources for the use of library patrons.
  4. The trustees shall exercise their absolute discretion in the purchase of books, pamphlets, periodicals, and other materials and equipment, and in the appointment and compensation of personnel to assist the ex officio librarian in the handling of materials and in the maintenance of the library, but the trustees shall not contract for any such purchases and appointments so as to create an indebtedness greater than the anticipated revenue for the following eighteen (18) months, the anticipated revenue being based upon the preceding eighteen (18) months’ revenue, and any indebtedness of the county law library fund shall not be considered in any way an indebtedness of the county, but shall be an indebtedness of the county law library fund only, and all creditors must look only to the county law library fund for satisfaction of their indebtedness.
  5. The trustees shall designate one (1) of their number as treasurer and he shall be accountable for the receipt, deposit, and disbursement of all sums received for the operation of the county law library. He shall be bonded by a corporate bond, the cost of which shall be paid out of the receipts of the library fund. He shall deposit all sums received by him as treasurer in a regular banking depository, and he shall pay for all purchases made by the trustees by check or draft, keeping a true and accurate account of all sums received and expended by him. He shall annually file a written report with the Circuit Judge of the county showing all sums received by him, together with the court from which they were received, and an itemized statement of all expenditures made by him. The treasurer shall turn all funds over to his successor, together with a full inventory of the county law library, and together with a full and complete itemized statement of all outstanding accounts.

History. Enact. Acts 1956, ch. 206, § 3; 1962, ch. 11, § 1; 1978, ch. 375, § 1, effective June 17, 1978; 2002, ch. 346, § 177, effective July 15, 2002; 2007, ch. 35, § 2, effective June 26, 2007; 2013, ch. 20, § 1, effective June 25, 2013.

Opinions of Attorney General.

For the initial 18 months of the existence of the library, the trustees can only make expenditures out of available cash receipts. OAG 68-196 .

The trustees of the law library have no authority to expend law library funds for capital improvement or for items constituting realty. OAG 68-196 .

172.990. Penalties.

  1. Any clerk who is delinquent in making the inventory required in subsection (4) of KRS 172.110 shall be fined five dollars ($5) for each month or part of month he is delinquent.
  2. Any person who violates subsection (2) of KRS 172.140 shall, in addition to his civil liability, be fined not exceeding fifty dollars ($50).
  3. Any clerk who knowingly permits any book of the laws of this state or reports of the Court of Justice to be taken from his office in such a manner that he cannot produce the book when called upon to do so, shall be fined not exceeding fifty dollars ($50).

History. 2430, 2431, 2438c-8; amend. Acts 1976, ch. 62, § 92.

Research References and Practice Aids

Cross-References.

Double liability for failure to return book, KRS 172.150 .

CHAPTER 173 City, County, and Regional Libraries

173.005. Compliance with KRS 65A.010 to 65A.090.

Any board of trustees formed and operating under KRS 173.010 to 173.410 shall comply with the provisions of KRS 65A.010 to 65A.090 .

History. Enact. Acts 2013, ch. 40, § 59, effective March 21, 2013.

Cities of First Class

173.010. Public library in cities of first class — Arrangement with existing libraries — Provisions of contract.

  1. The mayor of any city of the first class, with the consent of the city legislative body, may contract with the governing authority of any library in the city, containing fifty thousand (50,000) or more volumes, for the purpose of making the library free and open to the public at reasonable times and under reasonable regulations to be determined by the governing authority of the library.
  2. The contract shall be for not over five (5) years and may be renewed. The contract shall provide that the uses, privileges and facilities of the library, subject to the reasonable regulation of its governing body, shall be equal and free to all persons; that it shall be nonsectarian; and that its reading rooms, and its circulating department shall be maintained free and open to the general public.

History. 2801a-1.

NOTES TO DECISIONS

1. Governmental Function.

The operation of the Louisville free public library is a governmental function. Alvey v. Brigham, 286 Ky. 610 , 150 S.W.2d 935, 1940 Ky. LEXIS 6 ( Ky. 1940 ).

Opinions of Attorney General.

KRS 173.340(3), forbidding nepotism, only applies to county and regional libraries and to libraries in cities from the second to sixth class established under KRS 173.300 to 173.410 , and would not apply to libraries in first class cities, public library districts or library districts formed by petition. OAG 82-373 .

Research References and Practice Aids

Cross-References.

Department for Libraries and Archives, duties and powers, KRS 171.140 , 171.220 .

Property exempt from taxation; public libraries and their endowments, Const., § 170.

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Functional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

173.020. Tax for existing library — Report to mayor.

  1. Any city acting under the provisions of KRS 173.010 shall annually, in its annual ordinance fixing the tax rate, include a levy for library purposes not exceeding two cents ($0.02) on each one hundred dollars ($100) worth of property assessed for taxation for city purposes. The amount levied annually shall be credited to the library fund of the city, and the revenue, as collected, shall be paid over to the governing authority of the library by the director of finance in regular weekly installments.
  2. All money so received shall be used exclusively for conducting and maintaining the library for the public purposes mentioned in KRS 173.010 . The governing authority of the library shall make a report to the mayor each September, showing statistics covering the attendance at and the use of the books of the library, the receipts and expenditures of all money handled by it during the year, and other information bearing upon the usefulness of the library to the public.

History. 2801a-2.

Research References and Practice Aids

Cross-References.

Expenditure not to exceed revenue; use of money limited to purpose for which collected, KRS 68.110 , 68.990 .

Ordinance fixing tax rate in cities of the first class, KRS 91.280 .

173.030. Establishment of free public library in cities of first class — Use of — Ordinances regarding conduct.

  1. Any city of the first class may, by ordinance, establish and maintain within its corporate limits a free public library, with circulating and reference departments and reading rooms, or any of them, for the use of the residents thereof, with such branches and stations as the board of trustees of the library think proper. All the uses and privileges of such library shall be free and equal to all residents of the city, subject only to the rules and regulations established by the board of trustees. The board may extend the privilege and use of the library to persons residing outside of the city, upon such terms and conditions as the board prescribes.
  2. The city legislative body may pass such ordinances as the board recommends providing for the punishment of persons injuring the library property and regulating the conduct of persons using the library.

History. 2801b-1, 2801b-2, 2801b-8.

Opinions of Attorney General.

The board of trustees of the Louisville free public library has the authority under this section to participate in the state’s library communications network pilot project. OAG 70-773 .

The library board of trustees has the authority under subsection (1) of this section to establish a program whereby residents of adjacent counties are permitted to use its facilities and services in return for reciprocal use of their library and facilities. OAG 75-695 .

173.040. Board of trustees — Officers and employees.

  1. As soon as practicable after the passage of the ordinance providing for a free public library, the mayor shall appoint twelve (12) trustees. The appointments shall be made for four (4) year terms except that the original appointees shall be so appointed that the terms of three (3) members shall expire each year. Each appointee must be, at the time of his appointment, a taxpayer and qualified voter in the city and must have resided therein for two (2) years prior to his appointment. The mayor shall continue to appoint all twelve (12) trustees unless the county judge/executive becomes authorized to appoint trustees under the provisions of KRS 173.105 , after which the mayor shall appoint only the trustee positions not appointed by the county judge/executive. The trustees shall serve without compensation. The twelve (12) trustees, whether appointed under this subsection or under KRS 173.105 , together with the mayor of the city, shall constitute the board of trustees of the free public library, and shall be a corporation with power to make such rules and regulations to govern itself and the property entrusted to its care as it deems proper. Absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee’s term shall constitute automatic resignation from the board by the trustee.
  2. Vacancies in the office of trustee shall be reported by the board to the mayor, if the vacancy occurs in a trustee position filled by appointment of the mayor, or to the county judge/executive if the vacancy occurs in a trustee position which the county judge/executive has authority to fill under KRS 173.105 . The vacancy shall be filled by the mayor if so authorized or the county judge/executive if so authorized under subsection (1) of this section and KRS 173.105 , for the remainder of an unexpired term or for a full term if the vacancy results from the expiration of a term. The trustees shall, before entering upon the duties of office, make an oath or affirmation before a judicial officer that they will discharge their duties.
  3. At its first meeting and each year thereafter, the board shall select members of the board to serve as president and vice president, and it may choose other necessary officers and employees, fix their duties and compensation, and remove them at pleasure.

History. 2801b-3, 2801b-4; amend. Acts 1978, ch. 267, § 1, effective March 30, 1978; 1982, ch. 245, § 8, effective July 15, 1982.

NOTES TO DECISIONS

1. Salaries.

The secretary of the board of trustees, and the librarian, are public officers whose salaries are subject to the limits of Const., § 246. Alvey v. Brigham, 286 Ky. 610 , 150 S.W.2d 935, 1940 Ky. LEXIS 6 ( Ky. 1940 ).

Research References and Practice Aids

Cross-References.

Oaths of officers, KRS Ch. 62.

173.045. Retirement plan for employees.

The board of trustees of the free public libraries in cities of the first class, created or existing under the laws of Kentucky, which have not less than two (2) full time employees, may provide for their retirement with annuities; may adopt the American Library Association retirement plan or make such other provisions for retirement of its employees as the board deems proper, whether similar to the American Library Association retirement plan or otherwise.

History. Enact. Acts 1946, ch. 197, § 5.

173.050. Powers of board of trustees.

  1. The board of trustees may, in its corporate name:
    1. Contract and be contracted with, sue and be sued, and have and use a corporate seal, which it may alter at pleasure;
    2. Acquire, by itself or jointly with the city in which the library is located, by gift, purchase or otherwise, and hold, in the same manner, real and personal property to the use of the public library, for the purpose for which it is dedicated;
    3. Use, manage and improve, sell and convey, rent or lease property, and erect suitable buildings.
  2. The board of trustees may mortgage any real or personal property owned by the library to secure any sums borrowed for making repairs or improvements, or paying off any indebtedness it may owe. The mortgage shall not exceed $1,000,000.

History. 2801b-3, 2801b-7; amend. Acts 1946, ch. 197, § 1.

NOTES TO DECISIONS

1. Escheat.

Realty, title to which was retained by polytechnic society, was not subject to escheat, where entire beneficial interest therein had passed by contract to Louisville free public library leaving society trustee of passive or dry trust, and leaving it holding title in trust for library purposes as administered by public library which was performing library functions, thus precluding right of escheat under former Ky. Const., § 192. Commonwealth v. Louisville Public Library, 151 Ky. 420 , 152 S.W. 262, 1913 Ky. LEXIS 503 ( Ky. 1913 ) (repealed 2002).

Cited:

Alvey v. Brigham, 286 Ky. 610 , 150 S.W.2d 935, 1940 Ky. LEXIS 6 , 135 A.L.R. 1024 ( Ky. 1941 ).

173.060. Meetings of board — Incurring of liabilities.

The board shall meet at least once each month for the transaction of its business. A majority of the board shall constitute a quorum, but no appropriation of money, except for ordinary or current expenditures, shall be made without the affirmative vote of a majority of its members. Except for the purpose of erecting the library building, the board of trustees shall not incur liabilities for any current year in excess of its annual income, including gifts and donations and unexpended balances from previous years.

History. 2801b-4.

173.065. Fiscal year of library.

The fiscal year of the free public libraries in cities of the first class shall begin on the first day of July of each year and end on June 30 next following.

History. Enact. Acts 1946, ch. 197, § 4.

173.070. Appropriation for public library — Disposition of revenue — Report to legislative body.

  1. In order to provide funds for the establishment and maintenance of a library established as provided in KRS 173.030 , the legislative body of a city of the first class shall annually appropriate from the general fund of the city such sum as in the judgment of the legislative body shall be reasonably necessary for such purposes. Moneys so appropriated shall be credited to the library fund of the city, and may be paid over to the board of trustees by the director of finance of such city in regular monthly installments.
  2. The board shall make a report to the city legislative body each July, showing the use of the library for the fiscal year ending the last day of June preceding, the receipts and expenditures of all money handled by it during the year, and giving such other information as may promote the usefulness of the library to the public, or as is called for by the city legislative body. No portion of the property or fund held for library purposes under this section shall ever be applied to the support of any library not exclusively under the control of the board of trustees.

History. 2801b-6; amend. Acts 1946, ch. 197, § 2; 1954, ch. 164, § 7.

NOTES TO DECISIONS

Cited:

Alvey v. Brigham, 286 Ky. 610 , 150 S.W.2d 935, 1940 Ky. LEXIS 6 , 135 A.L.R. 1024 ( Ky. 1941 ).

173.080. Issuance of library bonds.

The board of trustees may, in its discretion, issue bonds in the sum of not over one million dollars ($1,000,000) for the purpose of making improvements or repairs, or paying off any indebtedness it may owe. The bonds may be secured by any or all real or personal property owned by the library. The bonds shall be designated as “library bonds” and the board of trustees shall, by resolution, fix the date and maturity of the bonds, the rate of interest and form they shall bear, and where they shall be payable. The board shall determine when, at what price and how the bonds shall be sold. As the bonds are sold their proceeds shall be placed in some bank, but shall be kept in a separate account and shall be used only for the purpose for which the bonds were issued, provided however the expense and cost of floating the bonds may be paid therefrom. The rent received in any year from any real property belonging to the board of trustees shall be first applied to the payment of interest on bonds for such year, and next to the sinking fund requirements of the bond issue for such year, and the balance may be used for current operating expenses of the board of trustees.

History. 2801b-9; amend. Acts 1946, ch. 197, § 3.

173.090. City may guarantee library bonds.

  1. If bonds are issued as provided in KRS 173.030 to 173.100 , the city in which the library is located may, by ordinance, guarantee the bonds, either as to principal or interest or both.
  2. When the ordinance guaranteeing the bonds is enacted by the city, the bonds shall be indorsed “guaranteed” and the name of the city attached and the guarantee shall be signed by the mayor and attested by the director of finance, and stamped with the proper seal of the city.

History. 2801b-10.

173.100. Deposit of library funds.

All money due the board shall be deposited in a bank, in the city, selected by the board, and funds shall be withdrawn from the bank only on order of the board by check of its treasurer countersigned by its president.

History. 2801b-5.

173.105. Contract with county — Support by county — Effect of compact — Effect on joint department upon establishment of consolidated local government.

  1. The fiscal court of any county containing a population of over two hundred thousand (200,000) and a city of the first class, may contract with the board of trustees of the free public library of any such city for the purpose of granting to the residents and schools of such county the same privileges afforded by such library to residents and schools in the city.
  2. Notwithstanding any provisions of Kentucky Revised Statutes to the contrary, when the fiscal court of any county containing a population of over two hundred thousand (200,000) and a city of the first class have in effect a compact under KRS 79.310 to 79.330 , the city and county shall by joint action create a joint city/county department for the purpose of providing a free public library. In such event, the board of trustees shall be dissolved as a corporate entity, and all assets and liabilities of the board of trustees shall be transferred to the joint department. An advisory board may be established by joint agreement of such city and county. Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing that city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330 , the joint department shall become a department of the consolidated local government and all assets and liabilities of the joint department shall be transferred to the consolidated local government. An advisory board may be established or maintained by a consolidated local government. Members of the advisory board shall be appointed pursuant to the provisions of KRS 67C.139 and shall serve at the pleasure of the mayor of the consolidated local government.
  3. If the fiscal court enters into a contract pursuant to subsection (1) of this section, then the county judge/executive shall have the authority to appoint one-half (1/2) of the positions on the board of trustees of the free public library. Appointments shall be made for four (4) year terms. Each appointee must be at the time of his or her appointment a taxpayer and qualified voter in the county.
  4. The county judge/executive shall make the appointments authorized by subsection (3) of this section in the following manner. On March 31 of 1978 and March 31 of 1980, he or she shall appoint persons to fill two (2) of the vacancies which occur. On March 31 of 1979 and March 31 of 1981, he or she shall appoint a person to fill one (1) vacancy which occurs. He or she shall continue to make the appointments to these positions when a vacancy occurs or a term expires, subject to subsection (5) of this section.
  5. If the contract between the fiscal court and a free public library terminates or ceases to be in effect, the county judge/executive shall no longer have the authority to appoint persons as trustees to the board of the free public library and the mayor may terminate the appointment of trustees appointed by the county judge/executive and appoint persons to fill their unexpired terms.
  6. The fiscal court may annually appropriate money out of the county treasury to the maintenance and support of the library.
  7. Money so appropriated by the fiscal court may be expended by the board of trustees of the free public library in the establishment of branch stations in the county outside the city of the first class, under regulations of the board of trustees.

History. 2801c-1, 2801c-2; amend. Acts 1978, ch. 267, § 2, effective March 30, 1978; 1986, ch. 77, § 21, effective July 15, 1986; 2002, ch. 346, § 178, effective July 15, 2002.

Compiler’s Notes.

This section was formerly compiled as KRS 172.095 .

NOTES TO DECISIONS

Cited:

Alvey v. Brigham, 286 Ky. 610 , 150 S.W.2d 935, 1940 Ky. LEXIS 6 , 135 A.L.R. 1024 ( Ky. 1941 ).

173.106. Opportunity for voluntary contribution for free public library when registering vehicle in county with compact in effect — Procedure upon establishment of consolidated local government.

In a county where the county and a city of the first class have in effect a compact under KRS 79.310 to 79.330 and have created a joint city/county library department, the county clerk, when he or she receives an application for vehicle registration pursuant to KRS 186.030 , shall present the person making the application an opportunity to make a voluntary contribution for the support of the free public library. If the applicant chooses to donate to the library, he or she shall include the donation in the fee. The clerk shall pay the donations to the library department in the same fashion as taxes are paid pursuant to KRS 134.815 and shall be entitled to the same commission as that payable on county taxes pursuant to KRS 134.805 . Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing that city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330 , and have created a joint city/county library department, the county clerk shall continue the procedure by which persons may make voluntary contributions for the support of the free public library. The donations shall be transferred to the consolidated local government for the maintenance of the library department in the same manner as moneys are transferred pursuant to KRS 134.815 and the county clerk shall be entitled to the same commission as that payable on taxes pursuant to KRS 134.805 .

History. Enact. Acts 1994, ch. 100, § 1, effective July 15, 1994; 2002, ch. 346, § 179, effective July 15, 2002.

173.107. Library tax or appropriation not to be decreased when city becomes city of first class or consolidated local government.

Any library established or maintained pursuant to the provisions of KRS 173.310 to 173.410 shall not, upon becoming a city of the first class, or a consolidated local government, or a county containing a city of the first class, have its tax levy or appropriation decreased except by the procedure in KRS 173.790 .

History. Enact. Acts 1972, ch. 223, § 6; 2002, ch. 346, § 180, effective July 15, 2002.

Cities of Second to Sixth Class, Counties and Regions

173.110. Free public libraries in cities of second class; board of trustees. [Repealed.]

Compiler’s Notes.

This section (3210b-1) was repealed by Acts 1944, ch. 160, § 13.

173.120. Powers of board of trustees. [Repealed.]

Compiler’s Notes.

This section (3210b-1) was repealed by Acts 1944, ch. 160, § 13.

173.130. Conduct of public library; disposition of fines and costs. [Repealed.]

Compiler’s Notes.

This section (3210b-1) was repealed by Acts 1944, ch. 160, § 13.

173.140. Tax for public library; limit on incurring of liabilities. [Repealed.]

Compiler’s Notes.

This section (3210b-1) was repealed by Acts 1944, ch. 160, § 13.

173.150. Tax for libraries established upon accumulation of funds under laws enacted prior to 1900. [Repealed.]

Compiler’s Notes.

This section (3210a-1) was repealed by Acts 1944, ch. 160, § 13.

173.160. Public libraries in cities of third, fourth, fifth and sixth classes; establishment; board of trustees. [Repealed.]

Compiler’s Notes.

This section (2741d-2) was repealed by Acts 1944, ch. 160, § 13.

173.170. Powers of board of trustees. [Repealed.]

Compiler’s Notes.

This section (2741d-2) was repealed by Acts 1944, ch. 160, § 13.

173.180. Conduct of the library; rules as to use and preservation of library property. [Repealed.]

Compiler’s Notes.

This section (2741d-4) was repealed by Acts 1944, ch. 160, § 13.

173.190. Tax to establish public library. [Repealed.]

Compiler’s Notes.

This section (2741d-1) was repealed by Acts 1944, ch. 160, § 13.

173.200. Popular subscription to establish library. [Repealed.]

Compiler’s Notes.

This section (2741d-1) was repealed by Acts 1944, ch. 160, § 13.

173.210. Tax for maintenance of public library. [Repealed.]

Compiler’s Notes.

This section (2741d-3) was repealed by Acts 1944, ch. 160, § 13.

173.220. Library to receive one-half of fines collected in police court; donations; limit on incurring of liabilities. [Repealed.]

Compiler’s Notes.

This section (2741d-2, 2741d-5) was repealed by Acts 1944, ch. 160, § 13.

173.230. Application of sections. [Repealed.]

Compiler’s Notes.

This section (2741d-12) was repealed by Acts 1944, ch. 160, § 13.

173.240. Other public libraries entitled to benefits of KRS 173.160 to 173.290. [Repealed.]

Compiler’s Notes.

This section (2741d-6, 2741d-12) was repealed by Acts 1944, ch. 160, § 13.

173.250. Division of fines and revenue between races. [Repealed.]

Compiler’s Notes.

This section (2741d-7) was repealed by Acts 1944, ch. 160, § 13.

173.260. When library for one race to receive all fines; race not using library not to be taxed. [Repealed.]

Compiler’s Notes.

This section (2741d-8) was repealed by Acts 1944, ch. 160, § 13.

173.270. Library board; appointment; terms. [Repealed.]

Compiler’s Notes.

This section (2741d-9) was repealed by Acts 1944, ch. 160, § 13.

173.280. Warrant to specify fund out of which to be paid. [Repealed.]

Compiler’s Notes.

This section (2741d-10) was repealed by Acts 1944, ch. 160, § 13.

173.290. Petition to make library a free library; appeal. [Repealed.]

Compiler’s Notes.

This section (2741d-11) was repealed by Acts 1944, ch. 160, § 13.

Cities of Home Rule Class, Counties and Regions

173.300. Definitions for KRS 173.310 to 173.410.

As used in KRS 173.310 to 173.410 , unless the context requires a different meaning:

  1. “Governmental unit” means any county or city; except a city of the first class and a county containing a city of the first class;
  2. “Legislative body” means the governing body of a governmental unit; and
  3. “Library” means a free public library supported in whole or in part with money derived from taxation, and governed by a board as provided for in KRS 173.340 , excluding a city of the first class and a county containing a city of the first class.

History. Enact. Acts 1944, ch. 160, § 1.

NOTES TO DECISIONS

1. Educational Institution.

A public library is a public educational institution and not solely a place of amusement. Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806, 1945 Ky. LEXIS 801 ( Ky. 1945 ).

Cited:

Kennard v. Bracken County Library Bd. of Trustees, 887 S.W.2d 363, 1994 Ky. App. LEXIS 137 (Ky. Ct. App. 1994).

Opinions of Attorney General.

For libraries created pursuant to this section and KRS 173.310 to 173.410 , membership on the library board would be incompatible with membership on the city council. OAG 71-462 .

KRS 173.340(3), forbidding nepotism, only applies to county and regional libraries and to libraries in cities from the second to sixth class established under KRS 173.300 to 173.410 , and would not apply to libraries in first class cities, public library districts or library districts formed by petition. OAG 82-373 .

A public library created pursuant to KRS 173.300 through 173.410 is not a local governmental unit nor a political subdivision within the meaning of KRS 66.480 governing the investment of local public funds. OAG 84-343 .

173.310. Methods by which library service may be provided — Appropriation or levy on establishment.

Any governmental unit may provide library service for its inhabitants according to any one (1) of the following methods:

  1. The legislative body on its own initiative may establish an independent library.
  2. Upon receipt of a petition signed by a number of taxpayers equal to five percent (5%) of the number of votes cast for officers in the last general election of such governmental unit, the legislative body shall submit the question to a vote at the next general election by submitting the question to the county clerk not later than the second Tuesday in August preceding the general election. If a majority of those voting on the question vote in favor of the proposition, the legislative body shall forthwith establish a library, except as provided in subsection (4) of this section.
  3. The legislative bodies of two (2) or more adjacent counties may on their own initiative, or upon a petition and vote in each county as provided in subsection (2) above, or upon the initiative of some legislative bodies and petition and vote in others, join in establishing and maintaining a regional library, provided the aggregate assessed valuation of the property assessable for local taxation in such counties is a minimum of $10,000,000, and subject to the provisions of KRS 173.320 .
  4. The legislative body of any governmental unit may on its own initiative contract to receive service from an existing nearby library, the library of a nearby institution of higher learning, the State Department for Libraries and Archives, or from a nearby library not owned by a governmental unit but which provides free service, each of these having reciprocal power to render the service. In the event of a petition and vote as provided by subsection (2), a legislative body shall have the privilege of providing library service by contract in lieu of establishing an independent library.

When any one (1) of the above methods has been complied with, the legislative bodies of the governing units shall at once make the necessary appropriation or levy to establish and maintain such library service annually and perpetually.

History. Enact. Acts 1944, ch. 160, § 2; 1960, ch. 61, § 1; 1996, ch. 195, § 62, effective July 15, 1996.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Tax Levy.
  3. Diversion of Land for Library.
  4. Acceptance of Donation.
  5. Voting on Indebtedness.
  6. Limitation on City Library.
1. Constitutionality.

The restriction of the authority to establish libraries to governmental units having a minimum assessed valuation of $5,000,000 (now $10,000,000) does not constitute an unreasonable classification in violation of Ky. Const., §§ 59, 60 or 156 (repealed). Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806, 1945 Ky. LEXIS 801 ( Ky. 1945 ).

2. Tax Levy.

The roll-back provisions of KRS Ch. 132 apply to tax levies to maintain public libraries. Under KRS Ch. 132, a taxing district’s revenue from ad valorem taxes is limited; this chapter has the effect of rolling back the tax rate to maintain a constant revenue. Taxes levied to support a library created under this section or KRS 173.450 would have to comply with KRS Ch. 132; however, where the library is not maintained by a tax levy, but by appropriation of funds from the local government, this section does not mandate a levy to maintain libraries created thereunder. Lexington-Fayette Urban County Government v. Hayse, 684 S.W.2d 301, 1984 Ky. App. LEXIS 586 (Ky. Ct. App. 1984).

3. Diversion of Land for Library.

Land devised to, and accepted by, fourth-class city to be used forever as public park could not thereafter be devoted in part to free public library; such use amounting to diversion from terms of devise. Hopkinsville v. Jarrett, 156 Ky. 777 , 162 S.W. 85, 1914 Ky. LEXIS 198 ( Ky. 1914 ) (decided under prior law).

4. Acceptance of Donation.

No binding contractual relationship between city and donor of library was created by ordinances and resolutions accepting donation upon certain terms, one of which provided that city was bound to expend $3,000 yearly for maintenance; such perpetual appropriation being violative of Ky. Const., § 157. Owensboro v. Board of Trustees, 210 Ky. 482 , 276 S.W. 143, 1925 Ky. LEXIS 714 ( Ky. 1925 ) (decided under prior law).

5. Voting on Indebtedness.

An ordinance binding the city to make an annual appropriation of $1,000 for the maintenance of a public library violates Ky. Const., § 157 unless the proposed indebtedness was approved by the voters. Ramsey v. Shelbyville, 119 Ky. 180 , 83 S.W. 116, 26 Ky. L. Rptr. 1102 , 1904 Ky. LEXIS 151 ( Ky. 1904 ) (decided under prior law).

6. Limitation on City Library.

Though this section authorizes a city to levy a tax to fund a library, a city library cannot constitute a “public library district” under KRS 173.460 . Kennard v. Bracken County Library Bd. of Trustees, 887 S.W.2d 363, 1994 Ky. App. LEXIS 137 (Ky. Ct. App. 1994) (decided under prior law).

Opinions of Attorney General.

A city can appropriate money annually for library services by a special levy if the constitutional limit has not been reached or the money can be appropriated from the general fund. OAG 64-250 .

For libraries established under the statute in cities of the second to sixth class, the method of disestablishment shall be the same as the method by which such libraries were established. OAG 64-509 .

A library created under this section is not a separate taxing district. The library tax must be included in the city’s general tax levy and the city’s legislative body establishes the library tax, under the provisions of KRS 173.360 , at a rate which cannot be lower than five cents, subject to the rollback provisions of KRS 132.027 . OAG 68-320 .

KRS 132.023 does not apply to a county library established under this section. OAG 69-394 .

The minimum annual appropriation by the fiscal court for a library established under this section is five cents on each $100 worth of property assessed for local taxation including net assessment growth. OAG 69-394 .

Where libraries were established under this section, prior to the 1965 rollback legislation, the city or county which established such libraries must reduce its respective library tax to the applicable compensating tax rate, or restricted budget, regardless of whether that rate or revenue would be less than five cents on the hundred. OAG 69-590 .

Attorney General Opinions 68-84 and 70-327 may be distinguished although both are construing subsection (2) of this section, as the voters of Barren County in 1954 voted to establish not only a library service but also a concomitant tax levy which should be made in addition to the regular county general tax levy, while the 1956 Allen County vote was only an acknowledgment of the voters’ desire for library services so that any library appropriation must necessarily come out of the general county tax levy. OAG 73-291 .

The revenue sharing fund belonging to the city and county may be spent for the categories selected by the board, as necessity demands. OAG 73-400 .

If the library was created under this section or KRS 173.450 , it would come within the term “other municipality” of Const., § 165, a member of the board of trustees would be a municipal officer, and under KRS 61.260 (repealed), there would be a conflict of interest if a law firm accepted employment from the library board where a member of the law firm was a member of the library board of trustees when the contract was made and such member might receive benefit as a result of the contract. OAG 74-95 .

The legislative body of any governmental unit may contract on its own initiative to receive service from the State Department of Libraries (now Department for Libraries and Archives), and this would include an agreement for a bookmobile. OAG 80-570 .

After a library is established, the legislative body may appropriate moneys from the general tax revenues or the question of a tax rate may be submitted to the voters as a special levy in addition to the existing property tax; thus, where it appeared that a city had made an appropriation, the appropriation had to come from the general tax revenues of the city. OAG 84-27 .

Research References and Practice Aids

Kentucky Law Journal.

Lewis, Kostas, Carnes, Consolidation — Complete or Func- tional — of City and County Governments in Kentucky, 42 Ky. L.J. 295 (1954).

173.320. Regional libraries.

The establishment of a regional library shall be by contract, in writing, by the legislative bodies of the counties. The expenses of the regional library shall be apportioned between the contracting parties concerned in proportion to the taxable property of each as shown by their respective assessments and as shall be agreed upon in the contract. The treasurer of one of the counties, as provided in the contract, shall have the custody of the funds for the regional library; and the treasurers of the other counties concerned shall transfer to him as collected all the moneys received for public library purposes and interest from library funds in their respective governmental units. The contract for a regional library shall continue in force for a period of five (5) years and no county shall be permitted to withdraw without the consent of all the other participating counties during the five (5) year period. If the legislative body of a county decides to withdraw from a regional library contract, it shall be entitled to a division of the property on the same basis as its contributions, such division being completed within six (6) months from the withdrawal date. If no unit withdraws, at the end of the five (5) year period, the contract shall continue in force for a like period.

History. Enact. Acts 1944, ch. 160, § 3.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945).

173.330. Contracts for library service.

A contract for library service made pursuant to subsection (4) of KRS 173.310 shall require the existing library to perform all the functions of a library within the governmental unit wanting service. Such contracts shall not be valid nor shall funds be obligated until the contracts are approved in writing by all the contracting parties and have been certified by the Department for Libraries and Archives as providing standard library service for the sum specified. Initial contracts shall be for two (2) years or longer, subject to renewal. The board of trustees of a regional library shall have the same power to contract for library service as is given to a legislative body in subsection (4) of KRS 173.310 .

History. Enact. Acts 1944, ch. 160, § 4.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945).

Opinions of Attorney General.

The phrase “all the functions of a library” as it is used in this section means those library services that may be available and may be contracted for, and would not require a library district that contracted to provide bookmobile service to an adjoining county to establish a branch library in that county. OAG 70-296 .

173.340. Library board of trustees.

  1. The management and control of a library shall be vested in a board of trustees. In cities and counties, the board shall consist of five (5) members except that in cities with populations equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, it shall consist of seven (7) members. In the event a contract for library service is made pursuant to subsection (4) of KRS 173.310 , the board may consist of equal representation from the contracting parties with the total membership not to exceed twelve (12). In a library region, there shall be five (5) members, except if the number of counties exceeds five (5), there shall be one (1) trustee from each county in the region.
  2. Within thirty (30) days after the establishment of a library has been authorized by any of the methods authorized by KRS 173.310 , a library board shall be appointed. In cities the trustees shall be appointed by the mayor and in counties they shall be appointed by the county judge/executive. There shall be established a board of trustees in each regional library district for purposes of coordinating library programs and effecting economies and efficiencies of the member county library systems. In each regional library district, the trustees shall be appointed by the joint action of the judges/executive of the respective counties or as may be agreed upon by contract. In any region in which there are four (4) or less counties, provision shall be made in the contract for rotation of members and an equitable adjustment of terms. If a region consists of an even number of counties, the trustees appointed by the judges/executive of the respective counties shall appoint an additional trustee whose term of office shall be four (4) years and whose successor shall be appointed by the trustees in office at the time of expiration of such term. Trustees shall be appointed from the governmental unit at large with special reference to their fitness for such office. Upon initial establishment of the board, members of the board shall be appointed to terms as follows: two (2) members for two (2) years, one (1) member for three (3) years, and two (2) members for four (4) years respectively, and thereafter trustees shall be appointed to serve terms of four (4) years. Trustees may serve for two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no earlier than twelve (12) months following the end of their last service. Vacancies shall be filled for the unexpired terms as soon as possible in the same manner as the original appointments. In the event that vacancies have existed for a period of at least six (6) months, the Governor of the Commonwealth of Kentucky, upon the recommendation of the state librarian, may make such necessary appointments. After absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee’s term, the trustee shall be considered to have automatically resigned from the board. An advisory board may be appointed and serve as specified in bylaws of the public library board of trustees.
  3. Library trustees shall not receive a salary or other compensation for their services, but may be reimbursed for actual expenses necessarily incurred in the performance of their duties, upon approval by the board. Before entering upon the duties of his office, a trustee shall take oath that he will faithfully discharge his duties. No board shall employ as a member of its library staff any member of the board or any person related closer than a second cousin to any member of the board. No person is eligible to this office who is directly or indirectly interested in the sale to the library of books, magazines, supplies, equipment, materials, insurance or services for which library funds are expended.
  4. A library trustee may be removed only by vote of the legislative body of the respective governmental unit from which he was appointed.

History. Enact. Acts 1944, ch. 160, § 5; 1970, ch. 109, § 1; 1974, ch. 8, § 4; 1976, ch. 367, § 2; 1982, ch. 245, § 9, effective July 15, 1982; 1990, ch. 58, § 1, effective July 13, 1990; 2014, ch. 92, § 244, effective January 1, 2015.

Compiler’s Notes.

For this section as effective until January 1, 2015, see the preceding section also numbered 173.340 .

NOTES TO DECISIONS

1. Liability of Trustees.

Action for declaratory judgment whether library trustees could issue ten notes maturing yearly to pay debt for books sold to library was remanded for further pleadings to show when and in what amounts debt was incurred, whether debt was valid, and whether notes could be executed without personal liability upon library trustees. Rothier v. Stewart-Kidd Co., 260 Ky. 659 , 86 S.W.2d 667, 1935 Ky. LEXIS 539 ( Ky. 1935 ) (decided under prior law).

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945).

Opinions of Attorney General.

A city is legally authorized to appropriate public funds to the library board to pay various employees in the operation and control of the library. OAG 68-129 .

The plain language of subsection (2) of this section clearly indicates a library board may not be appointed before a library is established by the fiscal court. OAG 78-332 .

The members of a board of trustees of a county library are appointed by the county judge/executive, and the only qualification for the job is “fitness of office”; a county judge/executive therefore could conceivably appoint a joint board with representation from both the county and the city. OAG 80-570 .

Subsection (3) of this section, forbidding nepotism, only applies to county and regional libraries and to libraries in cities from the second to sixth class established under KRS 173.300 to 173.410 , and would not apply to libraries in first class cities, public library districts or library districts formed by petition. OAG 82-373 .

Fiscal court’s motion limiting to two the number of consecutive terms that members of the airport board, library board, water commission, district board of health, planning commission and parks and recreation board may serve was illegal, since there is no statutory authority for such action. While this section and KRS 212.855 impose a limit on consecutive terms, as relate to a library board and a district board of health, the General Assembly has established no policy limiting the number of consecutive terms for members of the other boards and commissions, and there is no statutory authority for the fiscal court’s enacting such a policy as relates to the four bodies not covered by statute. OAG 85-116 .

173.350. Organization of board — Meetings — Powers and duties.

  1. The board of trustees shall constitute a corporate body with perpetual succession. Within ten (10) days after their appointment, the appointive officer shall call a meeting of the library board to organize by the election of such officers as they deem necessary and meet on a regularly scheduled basis thereafter once each month. If the appointive officer does not call a meeting, the trustees may do so on their own initiative.
  2. They shall adopt such bylaws and policies for their own guidance and for the government of the library as they deem expedient; have the supervision, care and custody of all property of the library including its quarters or buildings; employ a library director and upon that person’s recommendation employ such other staff as may be necessary, who shall be certified in accordance with KRS 171.240 to 171.300 , fix the compensation of the library director and staff; adopt personnel policies which shall include dismissal of employees; submit annually to the legislative body a budget containing estimates in detail of the amount of money necessary for the library for the ensuing year; allot funds for the purchase of library materials and supplies for the library; and do all other acts necessary for the orderly and efficient management and control of the library.
  3. They may accept such gifts of money or property for library purposes as they deem expedient; lease or purchase land for library buildings; lease, purchase or erect an appropriate building or buildings for library purposes and acquire such other property and equipment as may be needed therefor; and may enter into contracts for library service with other library boards as provided for in KRS 65.210 to 65.300 and with other units of government as provided for in KRS 173.310(4).

History. Enact. Acts 1944, ch. 160, § 6; 1974, ch. 8, § 5; 1990, ch. 58, § 2, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945).

Opinions of Attorney General.

A city library board established pursuant to this section may adopt its own rules of procedure and the board could adopt a rule of procedure which would permit the chairman to make motions at their business meetings. OAG 80-216 .

173.360. Annual appropriations, amounts — Powers and duties of board as to funds.

  1. After the legislative body of a governmental unit has made provisions for library service according to any of the methods set forth in KRS 173.310 , the legislative body shall appropriate money annually to furnish such service. In library regions it shall not be less than three cents ($0.03), nor more than ten cents ($0.10) on each one hundred dollars ($100) worth of property assessed for local taxation. In counties containing a city of the first class it shall be not more than fifteen cents ($0.15) on each one hundred dollars ($100) worth of property assessed for local taxation. In all other governmental units it shall be not less than five cents ($0.05) nor more than fifteen cents ($0.15) on each one hundred dollars ($100) worth of property assessed for local taxation. In those instances where county library service has been established on the initiative of the fiscal court and when an appropriation of less than the minimum amount required by this subsection is proposed, the minimum amount of support for county library service may be determined annually through a mutual agreement of the county library board, the county fiscal court, and the state Department for Libraries and Archives. This agreement shall be reflected in the records of the legislative body of the governmental unit making the appropriation.
  2. All funds for the library shall be deposited monthly to the credit of the library board. These funds shall not be used for any but library purposes. The treasurer of the library board shall be required to execute bond with good and sufficient surety thereon for the faithful performance of his duties, the amount of the bond to be fixed by the board. If the bond has a corporate surety the premium shall be paid from the library fund. The board shall have exclusive control of expenditures, subject to an examination of accounts as may be required by the legislative body, and money shall be paid only upon vouchers approved by the board. The board shall not make expenditures or incur indebtedness in any year in excess of the amount of money appropriated and available for library purposes, except where a library board is the owner of real estate not used for library purposes, in which case they may borrow money secured solely by that property. Principal and interest on indebtedness on real estate owned by a library board not used for library purposes is not chargeable to the library funds derived from taxation.

History. Enact. Acts 1944, ch. 160, § 7; 1960, ch. 61, § 2; 1964, ch. 55, § 3.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Tax Levy.
1. Constitutionality.

The fact that the minimum levy required by this section may produce more revenue than is required for adequate maintenance of the library is not a ground for holding the law unconstitutional, but is a matter which can be remedied only by the legislature. Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806, 1945 Ky. LEXIS 801 ( Ky. 1945 ).

2. Tax Levy.

The roll-back provisions of KRS Ch. 132 apply to tax levies to maintain public libraries. Under KRS Ch. 132, a taxing district’s revenue from ad valorem taxes is limited; this chapter has the effect of rolling back the tax rate to maintain a constant revenue. Taxes levied to support a library created under KRS 173.310 or KRS 173.450 would have to comply with KRS Ch. 132; however, where the library is not maintained by a tax levy, but by appropriation of funds from the local government, KRS 173.310 does not mandate a levy to maintain libraries created thereunder. Lexington-Fayette Urban County Government v. Hayse, 684 S.W.2d 301, 1984 Ky. App. LEXIS 586 (Ky. Ct. App. 1984).

Opinions of Attorney General.

A city can appropriate money annually for library services by a special levy if the constitutional limit has not been reached or the money can be appropriated from the general fund. OAG 64-250 .

The special library tax levy must be included in determining the maximum tax levy permitted under Const., § 157. OAG 64-250 .

A city is legally authorized to appropriate public funds to the library board to pay various employees in the operation and control of the library. OAG 68-129 .

Subsection (1) of this section, which establishes the minimum tax rate which may be imposed by a municipality for library services, is subject to the compensating tax rate provisions of KRS 132.027 , even when the compensating tax rate would require a tax levy that is less than the minimum established by this section. OAG 68-259 .

A library created under KRS 173.310 is not a separate taxing district. The library tax must be included in the city’s general tax levy and the city’s legislative body establishes the library tax, under this section, at a rate which cannot be lower than five cents, subject to the rollback provisions of KRS 132.027 . OAG 68-320 .

The minimum annual appropriation by the fiscal court for a library established under KRS 173.310 is five cents on each $100 worth of property assessed for local taxation including net assessment growth. OAG 69-394 .

Where libraries were established under KRS 173.310 , prior to the 1965 roll-back legislation, the city or county which established such libraries must reduce its respective library tax to the applicable compensating tax rate, or restricted budget, regardless of whether that rate or revenue would be less than five cents on $100. OAG 69-590 .

A county fiscal court is mandatorily required to levy a tax of not less than five cents on each $100 worth of property assessed for taxation by the county, for the county library. OAG 70-327 .

Once a library district has been established under KRS 173.310 , the fiscal court is required to appropriate money annually to furnish such library service, and the amount shall be not less than five cents nor more than 15 cents on each $100 worth of property assessed for local taxation, subject to the limitations of KRS 68.245 . OAG 70-706 .

After a library is established, the legislative body may appropriate moneys from the general tax revenues or the question of a tax rate may be submitted to the voters as a special levy in addition to the existing property tax; thus, where it appeared that a city had made an appropriation, the appropriation had to come from the general tax revenues of the city. OAG 84-27 .

Research References and Practice Aids

Kentucky Law Journal.

Leathers and Mooney, Civil Procedure, 74 Ky. L.J. 355 (1985-86).

173.370. Annual reports.

At the close of its fiscal year the board of trustees of every library shall make a report to the legislative body of the governmental unit wherein the board serves, showing the condition of its trust during the year, the sums of money received for the library fund, the sums of money expended and the purposes of the expenditures, the number of books and bound periodicals on hand, the number added during the year, the number discarded, the number lent, and such other statistics and information and such suggestions as they deem of public interest. A report shall also be filed with the Department for Libraries and Archives at Frankfort, Kentucky, upon forms supplied by said department.

History. Enact. Acts 1944, ch. 160, § 8.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945).

173.380. Free use of libraries.

Every library established or maintained under KRS 173.300 to 173.390 shall be free for the use of the inhabitants of the governmental unit in which it is located, subject to such reasonable rules and regulations the trustees find necessary.

History. Enact. Acts 1944, ch. 160, § 9.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945).

Opinions of Attorney General.

A library board could permit a private profit corporation to use library facilities for meetings after library hours for an agreed upon rental fee and subject to appropriate restrictions and conditions determined by the board. OAG 72-456 .

173.390. Title to money and property.

The title to money or property given to or for the use or benefit of a library shall be vested in the board of trustees, to be used according to the terms of the gift. Should a library be closed or services discontinued, it shall be the duty of the governmental unit to hold all library property and funds received by gift in trust to be used for library purposes, unless the terms of the gift permit use for other purposes or unless such assets are transferred to a public library district pursuant to KRS 173.395 .

History. Enact. Acts 1944, ch. 160, § 10; 1980, ch. 167, § 2, effective July 15, 1980.

NOTES TO DECISIONS

Cited:

Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806 (1945); Myers v. Davis, 311 Ky. 471 , 224 S.W.2d 690, 1949 Ky. LEXIS 1187 ( Ky. 1949 ).

173.395. Consolidation of city library with public library district — Dissolution of city library tax levy — Transfer of assets.

  1. If a public library district is established under KRS 173.450 to 173.800 , the legislative body of any city in such county that has established a library under KRS 173.310 (1) or (2) may dissolve the city library for the purpose of consolidating library services in the public library district. Such dissolution shall have the effect of removing any tax levied under KRS 173.310 for the specific purpose of establishing and maintaining the city library.
  2. If a city library is dissolved pursuant to subsection (1) of this section, the city legislative body shall immediately file an order of dissolution with the official who is responsible for collecting any tax levied under KRS 173.310 . The official shall thereupon remove any tax levied under KRS 173.310 , for the specific purpose of establishing and maintaining the city library, from the tax bills of the property owners of the city.
  3. After the satisfaction of any existing contractual obligations assumed in connection with the dissolved library, the assets of the library shall be transferred to the public library district, unless the terms of a gift held in trust prohibit such transfer.

History. Enact. Acts 1980, ch. 167, § 1, effective July 15, 1980.

NOTES TO DECISIONS

1. Coexistence of City and County Libraries.

This section contemplates the coexistence of a city library and a county public library district and funding of city library by city taxes does not result in impermissible double taxation of those living in the city. Kennard v. Bracken County Library Bd. of Trustees, 887 S.W.2d 363, 1994 Ky. App. LEXIS 137 (Ky. Ct. App. 1994).

173.400. Status of existing libraries and contracts.

Any free public library established after June 13, 1944, shall be established as provided in KRS 173.300 to 173.390 . Every existing public library which has been heretofore established under provisions of state law except a city of the first class and a county containing a city of the first class shall be considered as operating under the authority of KRS 173.300 to 173.390 . Every existing contract for library service shall continue until the contract be terminated or a library be established by the governmental unit for which the service was engaged. The provisions of KRS 173.300 to 173.390 shall be construed as superseding the provisions of any municipal charter in conflict therewith.

History. Enact. Acts 1944, ch. 160, § 11.

NOTES TO DECISIONS

1. Constitutionality.

The fact that cities and counties having existing libraries are required, under this section and KRS 173.360 , to levy a tax to support the libraries, while cities and counties not having libraries are not required to establish them and therefor may escape the tax, does not create an unconstitutional discrimination. Board of Trustees v. Newport, 300 Ky. 125 , 187 S.W.2d 806, 1945 Ky. LEXIS 801 ( Ky. 1945 ).

173.410. Retirement plan for employees.

The governing board of any tax-supported library, created or existing under the laws of Kentucky, which has not less than two (2) full-time employees, may provide for their retirement with annuities; may adopt the American Library Association retirement plan; or make any other provisions for the retirement of its employees.

History. Enact. Acts 1944, ch. 160, § 12.

Public Library Districts

173.450. Definitions for KRS 173.450 to 173.650.

  1. “District” means “public library district”; and
  2. “Board” means the board of trustees of a public library district.

History. Enact. Acts 1960, ch. 114, § 1; 1972, ch. 223, § 7.

NOTES TO DECISIONS

  1. Creation of District.
  2. Tax Levy.
1. Creation of District.

Where valid petitions for both the “ballot method” and “petition method” of creating a library district were filed, once the fiscal court had determined that the “petition method” petition was free of technical deficiencies, the library district came into being by operation of statute and the question proposed by the “ballot method” petition became moot. Crafton v. Board of Trustees, 554 S.W.2d 82, 1977 Ky. LEXIS 484 ( Ky. 1977 ).

2. Tax Levy.

The roll-back provisions of KRS Ch. 132 apply to tax levies to maintain public libraries. Under KRS Ch. 132, a taxing district’s revenue from ad valorem taxes is limited; this chapter has the effect of rolling back the tax rate to maintain a constant revenue. Taxes levied to support a library created under KRS 173.310 or this section would have to comply with KRS Ch. 132; however, where the library is not maintained by a tax levy, but by appropriation of funds from the local government, KRS 173.310 does not mandate a levy to maintain libraries created thereunder. Lexington-Fayette Urban County Government v. Hayse, 684 S.W.2d 301, 1984 Ky. App. LEXIS 586 (Ky. Ct. App. 1984).

Cited:

Kennard v. Bracken County Library Bd. of Trustees, 887 S.W.2d 363, 1994 Ky. App. LEXIS 137 (Ky. Ct. App. 1994).

Opinions of Attorney General.

A county library district could not borrow funds to build a new building to be repaid from tax revenues over a period of 20 years. OAG 65-261 .

If the library was created under this section or KRS 173.310 , it would come within the term “other municipality” of Const., § 165, a member of the board of trustees would be a municipal officer, and under KRS 61.260 (repealed), there would be a conflict of interest if a law firm accepted employment from the library board where a member of the law firm was a member of the library board of trustees when the contract was made and such member might receive benefit as a result of the contract. OAG 74-95 .

It is improper to supply the omission of the provisions of KRS 173.340(3), regarding library trustees, in KRS 173.450 et seq., when it does not appear that this provision was contemplated by the legislature in enacting these latter statutes. OAG 78-331 .

If a county library district is no longer providing library services to the people of the county, the sheriff could be enjoined from paying over the library tax collected pending repeal of that tax; further, deposit with the board of trustees under these circumstances would be unauthorized and illegal. OAG 80-570 .

The board of trustees of a county library district could be subject to a taxpayer’s suit, but to successfully maintain an action the taxpayer would have to show standing to bring such a suit, as well as special or peculiar injury. OAG 80-570 .

KRS 173.340(3), forbidding nepotism, only applies to county and regional libraries and to libraries in cities from the second to sixth class established under KRS 173.300 to 173.410 , and would not apply to libraries in first class cities, public library districts or library districts formed by petition. OAG 82-373 .

Research References and Practice Aids

Cross-References.

Formation of library districts by petition, KRS 173.710 to 173.800 .

173.460. Public library district — Taxation — Purpose.

All of the territory in a county, or in two (2) or more counties contiguous to each other may be organized into a public library district for the purpose of levying a tax to pay for establishing, equipping, maintaining and administering libraries, or for contracting for library service from any existing library.

History. Enact. Acts 1960, ch. 114, § 2, effective June 16, 1960.

NOTES TO DECISIONS

1. Formation Limited to Counties.

This section allows only counties to form a “public library district.” Kennard v. Bracken County Library Bd. of Trustees, 887 S.W.2d 363, 1994 Ky. App. LEXIS 137 (Ky. Ct. App. 1994).

Cited:

Board of Trustees v. Henderson County Fiscal Court, 549 S.W.2d 828, 1976 Ky. App. LEXIS 123 (Ky. Ct. App. 1976).

Opinions of Attorney General.

The authority of a public library district to levy a tax pursuant to this section is limited by the provisions of KRS 132.200 which except certain types of property from local taxation and pursuant to former subsection (6) of that section, a public library district could not levy a tax on stocks and bonds. OAG 62-1005 .

Any taxes collected in a county for a public library district are to be included in the total county taxes for the purpose of determining the sheriff’s fee. OAG 72-612 .

The establishment of two library districts in the same county would be contrary to the provisions of this section. OAG 80-570 .

Unless a public library district plans to establish its own library, a public library district can only levy a tax to pay for contracting for library services from an existing library and, this being the case, there must be a contract for services before payment for services can be made; a public library district appears to be prohibited under either this section or KRS 173.715 from making payment to an existing library for services without first having a contract. OAG 82-114 .

173.470. Organization — Special tax.

  1. Districts shall be organized in accordance with the procedures of KRS 65.182 .
  2. A public library district created pursuant to KRS 65.182 and this section shall constitute and be a taxing district within the meaning of Section 157 of the Constitution of Kentucky. In no event shall the maximum special ad valorem tax imposed for the maintenance and operation of the district exceed twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all property in the district.
  3. All special ad valorem taxes authorized by KRS 173.450 to 173.650 shall be collected in the same manner as are other county ad valorem taxes in each county affected and shall be turned over to the board as the governing body of the district. The special ad valorem tax shall be in addition to all other ad valorem taxes.

History. Enact. Acts 1960, ch. 114, § 3; 1962, ch. 71; 1964, ch. 55, § 4; 1978, ch. 384, § 296, effective June 17, 1978; 1982, ch. 360, § 52, effective July 15, 1982; 1984, ch. 100, § 12, effective July 13, 1984.

NOTES TO DECISIONS

1. In General.

Where county followed procedures to create a public library under both the “ballot method” and the “petition method,” one method should not be utilized to block the other so that if the public library issue was defeated at the polls, nonetheless the public library district would be deemed created pursuant to KRS 173.720 . Board of Trustees v. Henderson County Fiscal Court, 549 S.W.2d 828, 1976 Ky. App. LEXIS 123 (Ky. Ct. App. 1976).

Cited:

Kennard v. Bracken County Library Bd. of Trustees, 887 S.W.2d 363, 1994 Ky. App. LEXIS 137 (Ky. Ct. App. 1994).

Opinions of Attorney General.

The fiscal court is required by the terms of this section to adopt a resolution submitting to the voters the question of establishing a library district upon submission of a duly certified petition of 100 or more qualified voters within the territorial limits of the proposed district. OAG 62-788 .

It is the duty of the county clerk to list the county library tax on the tax rolls and, since computation of the library tax is part of the tax referred to in KRS 132.550 , he is not entitled to extra compensation for performance of the task. OAG 63-709 .

Petitioners must be qualified and registered voters at the precise time they sign the petition document. OAG 67-247 .

Where petitions are filed under both KRS 173.720 and this section, the first valid petition in time must control. OAG 67-263 .

Regardless of whether the petition method or the vote method is utilized, if the fiscal court so determines that a petition, filed under either method is valid, it is mandatory that the fiscal court take the required action in either case. OAG 67-263 .

A library district created by the petition method can only be dissolved by the petition method, and a library district created by a vote of the people can only be dissolved by a vote of the people. OAG 67-263 .

The increase or decrease in the tax rate must follow the identical method employed in the creation of such library district. OAG 67-263 .

Library districts organized under this section are not exempt from the payment of the sales tax provided in KRS Chapter 139 or the utility gross receipts license tax provided in KRS Chapter 160. OAG 68-241 .

If, when submitting the question of the establishment of a library district and the imposition of a library tax to the voters, the question is stated on the ballot in substantially the form prescribed by subsection (2) of this section and the exact amount of the tax in cents is stated as required therein, it is permissible to express the tax also as a percentage. OAG 68-331 .

Where after the rollback a library district did not have sufficient funds to operate, under KRS 173.610 a petition could be filed putting the question of an increased tax levy to a vote of the people, and if the vote was affirmative the tax could be raised to exceed the roll-back rate. OAG 68-606 .

The county library board can obtain the levy of a tax by the county fiscal court over and beyond the county’s general tax levy by either establishing a library district and thus a separate taxing district organized under this section or KRS 173.720 or it may request the county fiscal court, pursuant to the power of the fiscal courts under KRS 67.083 , to present to the voters of the county the question of an additional tax levy which, if assented to by two-thirds of those voting upon the question, would be an intended, authorized “voting levy” and therefore not subject to KRS 68.245(1) nor prohibited by Const., § 157. OAG 73-291 .

Although there is no express statement in this section that the precise tax rate desired be indicated in the petition, a reading of this section in connection with KRS 173.720 , which expressly requires the proposed rate be included in petitions under that section, implies that the rate be indicated in petitions under this section as well. OAG 79-102 .

The legislative intent was for the precise ad valorem tax rate for support of the library district to be established by the petitioners under the petition method and by the voters under the ballot method and the fiscal court was not required or permitted to set such tax rate. OAG 79-102 .

There was no publication requirement other than that required by KRS 424.290 with respect to the library tax referendum which pertained to a county library district established pursuant to KRS 173.450 to 173.650 . OAG 79-602 .

173.480. Notice of organization — Copy of petition — Duties of Department for Libraries and Archives — Board membership.

Upon the creation of a district, the fiscal court of each county in the district shall at once notify the Department for Libraries and Archives of the establishment of the district and shall forward to the department a copy of the petition required pursuant to KRS 173.470 . The Department for Libraries and Archives shall then recommend to the county judge/executive of each county in the district the names of suitable persons from among the signers of the petition to be appointed to the board. The Department for Libraries and Archives in recommending persons to the county judge/executive for appointment to the board shall recommend twice as many persons for each county as the county is entitled to have members appointed, and the county judge/executive shall immediately, with the approval of the fiscal court, make the selection from those recommended. Where the district consists of one (1) county, the county judge/executive shall appoint five (5) persons from that county as members. The Department for Libraries and Archives shall prescribe by regulation the number of board members when the district consists of more than one (1) county, provided that the board shall consist of not less than one (1) nor more than four (4) members from each county, each county having such number of members as the proportion of its population bears to the total population in the district, and that the total membership of the board consists of not less than five (5) members. Where a county joins an already established district, the Department for Libraries and Archives shall, from among the signers of the petition, recommend to the county judge/executive of each county included in the new district for the first time twice as many persons for appointment to the board as the county is entitled to have appointed, and the county judge/executive shall select the members for the county from this list. The terms of the members of the counties composing the previously existing district shall expire immediately upon the organization of the new board and such vacancies shall be filled as provided in KRS 173.490 .

History. Enact. Acts 1960, ch. 114, § 4, effective June 16, 1960; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 1980, ch. 18, § 15, effective July 15, 1980; 1980, ch. 188, § 130, effective July 15, 1980; 1984, ch. 218, § 1, effective July 13, 1984; 1990, ch. 58, § 3, effective July 13, 1990.

Opinions of Attorney General.

Board members under this section are to be classified as municipal officers. OAG 75-696 .

There is no statute authorizing the fiscal court or the county judge to remove a library trustee under any circumstances. OAG 76-757 .

An elected county official, except a commissioner of the fiscal court of a county containing a first-class city, may serve on the board of a library formed under KRS 173.450 to 173.650 or 173.710 to 173.800 . OAG 78-331 .

173.490. Terms of board members — Appointment to fill vacancies — Removal of members — Advisory board.

  1. One-third (1/3) of the persons first appointed to the board shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and one-third (1/3) for a term of four (4) years. Where the board consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number divisible by three (3), shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms expire, their successors shall be recommended by the board. The board shall recommend two (2) persons committed to the provision of library services to the Department for Libraries and Archives, for each vacancy. The names shall be forwarded to the Department for Libraries and Archives and the state librarian and commissioner shall recommend those names to the county judge/executive. The county judge/executive shall immediately, with the approval of the fiscal court, make his selection from those recommended. Board members thus appointed shall serve a term of four (4) years each. Trustees may serve for two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no earlier than twelve (12) months following the end of their last service. The members shall hold office until their respective successors are appointed and qualified. After absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee’s term, the trustee shall be considered to have automatically resigned from the board. An advisory board may be appointed and serve as specified in the bylaws of the board of trustees.
  2. Any vacancy occurring in the terms of office of members shall be filled for the unexpired term by the county judge/executive, with the approval of the fiscal court, by appointment on recommendation of the state librarian and commissioner of two (2) names of persons committed to the provision of library services and living in the county in which the vacancy occurred.
  3. A member of the board may be removed from office as provided by KRS 65.007 .

History. Enact. Acts 1960, ch. 114, § 5; 1974, ch. 8, § 6; 1974, ch. 74, Art. VIII, B, § 1; 1980, ch. 18, § 16, effective July 15, 1980; 1982, ch. 245, § 10, effective July 15, 1982; 1984, ch. 218, § 2, effective July 13, 1984; 1990, ch. 58, § 18, effective July 13, 1990.

Opinions of Attorney General.

There is no statute authorizing the fiscal court or the county judge (now county judge/executive) to remove a library trustee under any circumstances. OAG 76-757 .

173.500. Board constitutes body corporate — Name — Officers — Meetings — Quorum.

Each board shall be a body corporate under the name and style of “.... Public Library District Board of Trustees.” The members shall, as soon as possible after their appointment, organize by electing a president, a secretary, a treasurer, and other officers as deemed necessary, each to serve for a term of two (2) years and until a successor is elected and qualified. The board shall meet on a regularly scheduled basis once each month. A majority of the board shall constitute a quorum.

History. Enact. Acts 1960, ch. 114, § 6; 1974, ch. 8, § 7; 1990, ch. 58, § 4, effective July 13, 1990.

173.510. Expenses — Employment of relatives — Conflict of interest.

The members of the board shall not receive compensation for their services, but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties, upon vouchers duly approved by the board, signed by the secretary and countersigned by the president. No board shall newly employ as a member of its library staff any member of the board or any person related closer than a second cousin to any member of the board. No person is eligible to this office who is directly or indirectly interested in the sale to the library of books, magazines, supplies, equipment, materials, insurance, or services for which library funds are expended.

History. Enact. Acts 1960, ch. 114, § 7; 1982, ch. 245, § 14, effective July 15, 1982; 1990, ch. 58, § 5, effective July 13, 1990.

173.520. Duties, powers of board — Approval by department.

  1. The board shall establish, equip and maintain libraries or contract with existing libraries for the furnishing of library service for the district and do all things necessary to provide efficient library service. The board may also enter an agreement pursuant to KRS 65.210 to 65.300 for the provision of additional library service. No district shall establish a library unless the plans for the establishment, equipment, and maintenance have been approved by the Department for Libraries and Archives. No contract shall be made unless the libraries contracting to furnish service are libraries approved by the Department for Libraries and Archives for this purpose.
  2. The district, as a body corporate, by and through the board may:
    1. Sue and be sued, complain and defend, purchase, or lease grounds, purchase, lease, occupy or erect appropriate buildings for the use of the district libraries and their branches, sell and convey real and personal property for and on behalf of the district, receive gifts of real and personal property for the use and benefit of the district, the same when accepted to be held and controlled by the board according to the terms of the deed, gift, devise or bequest of such property;
    2. Borrow money on the credit of the board in anticipation of the revenue to be derived from taxes levied by the district for the fiscal year in which the money is borrowed, and to pledge the taxes levied for the district for the payment of the principal and interest of the loan. The principal shall not exceed fifty percent (50%) of the anticipated revenue for the fiscal year in which the money is borrowed;
    3. Establish bylaws it deems necessary and expedient to define the duties of officers or employees and make all necessary policies governing libraries, library service and personnel within the district.
  3. The board in exercise of its powers shall be guided by the regulations and requirements of the Department for Libraries and Archives.
  4. The powers set forth in this section shall not be construed to limit, restrict or modify any powers or authority granted by any other part of KRS 173.450 to 173.650 or any other law not in conflict with the provisions of this section.

History. Enact. Acts 1960, ch. 114, § 8, effective June 16, 1960; 1970, ch. 241, § 6; 1982, ch. 245, § 12, effective July 15, 1982; 1990, ch. 58, § 6, effective July 13, 1990.

Opinions of Attorney General.

Under subsection (2)(b) of this section the entire principal sum borrowed shall not exceed 50 percent of the anticipated revenue for the fiscal year in which the money is borrowed. OAG 64-207 .

A county library district could not borrow funds to build a new building to be repaid from tax revenues over a period of 20 years. OAG 65-261 .

The county judge (now county judge/executive) and the fiscal court have no authority in the determination of whether or not a branch library will be established, for this matter is solely one for the sound judgment of the district board of trustees. OAG 76-757 .

The board of a library established under KRS 173.450 to 173.650 and 173.710 to 173.800 has the duty to file with the county judge/executive an annual report and such other reports as the fiscal court may require. OAG 78-331 .

A library district can qualify to issue revenue bonds under KRS Ch. 58, since it is a special taxing district under Const., § 157 and is a “governmental agency”under KRS 58.010(3); if it issues revenue bonds for a proposed project, the library district board can exercise the power to condemn real estate pursuant to KRS 58.140 . However, a library district which planned to use mortgage financing for library improvements had no power to condemn the real estate needed. OAG 82-343 .

While subsection (1) of this section and KRS 173.745(1) provide that the library district board shall “do all things necessary to provide efficient library service,” that language does not, standing alone, grant the power of condemnation. OAG 82-343 .

173.530. Library director and staff.

The board shall employ a library director and upon that person’s recommendation may employ other staff as it deems necessary. The library director and staff shall be certified in accordance with the provisions of KRS 171.240 to 171.300 .

History. Enact. Acts 1960, ch. 114, § 9, effective June 16, 1960; 1990, ch. 58, § 7, effective July 13, 1990.

173.540. Duties of treasurer of board — Bond.

The treasurer of the board shall:

  1. Have the custody of all money, securities, and obligations belonging to that district, and shall disburse money only for the uses and purposes of the district and in the manner prescribed by the bylaws on itemized vouchers allowed by the board, signed by the secretary and countersigned by the president;
  2. Keep a full and accurate account of all receipts and payments in the manner directed by the bylaws, and such other accounts as the board prescribes;
  3. Render statements of accounts of the several books, funds, and property of the library whenever required by the board;
  4. Have all accounts and records for the fiscal year fully made up and present the same to the board within ninety (90) days following the close of that fiscal year;
  5. Give bond to the Commonwealth for the faithful performance of those duties, in the sum and form and with the sureties approved by the board.

History. Enact. Acts 1960, ch. 114, § 10, effective June 16, 1960; 1990, ch. 58, § 8, effective July 13, 1990.

173.550. Records to be kept open.

Every district established under KRS 173.450 to 173.650 shall at all reasonable times keep open for the inspection of the Auditor of Public Accounts all of its records and books of accounts.

History. Enact. Acts 1960, ch. 114, § 11, effective June 16, 1960.

173.560. Fiscal year.

The fiscal year of a district shall commence July 1st and close on June 30th.

History. Enact. Acts 1960, ch. 114, § 12, effective June 16, 1960.

173.570. Report required — Contents — Compliance with KRS 65A.010 to 65A.090.

  1. Within sixty (60) days after the close of each fiscal year the board shall make a written report to the Department for Libraries and Archives. A copy of this report shall be filed with the county clerk of each county within the district. The report shall contain:
    1. A statement of the property acquired by devise, bequest, purchase, gift or otherwise during the fiscal year;
    2. A statement of the character of library service furnished to the district during the fiscal year; and
    3. Any other statistics or information requested by the Department for Libraries and Archives.
  2. The board shall comply with the provisions of KRS 65A.010 to 65A.090 .

History. Enact. Acts 1960, ch. 114, § 13, effective June 16, 1960; 2013, ch. 40, § 60, effective March 21, 2013.

173.580. Attorney — Compensation.

  1. The board may, in its discretion, employ or retain a regularly licensed attorney to advise them on all matters pertaining to their duties and shall have the discretion to delegate such authority to said attorney not forbidden by law.
  2. The board may fix the salary or compensation of the attorney provided for in subsection (1) of this section, in its discretion.

History. Enact. Acts 1960, ch. 114, § 14, effective June 16, 1960; 1990, ch. 58, § 9, effective July 13, 1990.

173.590. Workshop attendance. [Repealed.]

Compiler’s Notes.

This section (Acts 1960, ch. 114, § 15, effective June 16, 1960) was repealed by Acts 1982, ch. 245, § 18, effective July 15, 1982.

173.600. Revenue bonds.

Public library districts may, in addition to all other methods provided by law, acquire, construct, and improve library facilities through the issuance of revenue bonds under the terms and provisions of KRS 58.010 to 58.140 .

History. Enact. Acts 1960, ch. 114, § 16, effective June 16, 1960.

173.610. Tax rate change prohibited except by vote of people — Procedure — Limitation.

  1. The special ad valorem tax rate for the maintenance and operation of a public library district created pursuant to KRS 173.470 before July 13, 1984, may be increased or decreased by submission to the voters of the district at a general election and approved by a majority of the votes cast on the issue. The board or any one hundred (100) qualified voters residing within the district may file a duly certified copy of a resolution or petition with the clerk of each county within the district and the county clerk shall certify whether the petition is sufficient not later than the second Tuesday in August prior to the election and the clerk shall thereupon cause the question to be prepared to be presented to the voters in substantially the following form:
  2. Any increase provided for in subsection (1) or (3) of this section shall not exceed twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all property in the district.
  3. The special ad valorem tax rate for the maintenance and operation of a public library district created pursuant to KRS 173.470 before July 13, 1984, may be increased or decreased by the procedure in KRS 173.790 .

“Are you in favor of increasing (or decreasing) from (insert amount) cents to (insert amount) cents on each one hundred dollars ($100) of the assessed valuation of all property in the (insert name of public library district) public library district the maximum tax which the district can impose for the maintenance and operation of (insert name of district) public library district?”

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History. Enact. Acts 1960, ch. 114, § 17; 1972, ch. 223, § 8; 1982, ch. 360, § 53, effective July 15, 1982; 1984, ch. 100, § 13, effective July 13, 1984; 1996, ch. 195, § 63, effective July 15, 1996.

Legislative Research Commission Note.

Although this section was included in Acts 1982, Ch. 245, § 16, the change in this section was deleted in the House Committee Substitute adopted by the General Assembly.

Opinions of Attorney General.

The increase or decrease in the tax rate must follow the identical method employed in the creation of such library district. OAG 67-263 .

Where after the rollback a library district did not have sufficient funds to operate, under this section a petition could be filed putting the question of an increased tax levy to a vote of the people, and if the vote was affirmative the tax could be raised to exceed the rollback rate. OAG 68-606 .

There is no limitation to the number of times a tax question can be submitted to the voters. OAG 72-571 .

Since the requirement of KRS 173.790(3)(c) applies only to library districts created by petition, and this section contains no such restrictions, there is no need for a ballot created district to wait three years before seeking reduction of the supporting ad valorem tax. OAG 79-102 .

The compensating tax rate would be computed on the rate passed by the voters of a county library district, whatever that rate may be for the previous year. OAG 79-597 .

Where a petition seeking an increase in the special ad valorem tax rate is filed with the county clerk, the county clerk must make a reasonable comparison of the signatures on the petition sufficient to satisfy himself that the petitioners are in fact qualified and registered voters of the district. OAG 84-141 .

173.620. Annexation — Procedure.

Counties outside of any existing district, and contiguous thereto, may be annexed to the district in the following manner:

  1. Upon filing with the fiscal court of a duly certified petition of one hundred (100) or more qualified voters residing within each county proposed to be annexed, the fiscal court of each county in the district and each county proposed to be annexed shall adopt a resolution submitting to the qualified voters of the county the question as to whether the territory should be annexed. A certified copy of the order of the fiscal court shall be filed with the county clerk not later than the second Tuesday in August prior to the next general election and thereupon the county clerk shall cause the question to be placed before the voters.
  2. The question shall be in substantially the following form:
  3. If the majority of those voting in each county on the question favor the annexation of the territory it shall be so annexed.

“Are you in favor of annexing the following described territory (here describe the territory) to the (name district) Public Library District?”

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History. Enact. Acts 1960, ch. 114, § 18, effective June 16, 1960; 1982, ch. 360, § 54, effective July 15, 1982; 1996, ch. 195, § 64, effective July 15, 1996.

173.630. Dissolution — Procedure.

A library district established pursuant to KRS 173.470 which has been in existence for at least three (3) years may be dissolved in the following manner:

  1. Upon filing of a duly-certified petition of ten percent (10%) or more of the qualified voters in the district or one hundred (100) or more qualified voters in the district, whichever is more, the fiscal court of each county in the district shall adopt a resolution submitting to the qualified voters of the district the question as to whether the district shall be dissolved. A certified copy of the order of each fiscal court shall be filed with the county clerk not later than the second Tuesday in August prior to the next regular election and thereupon the clerk shall cause the question to be placed before the voters;
  2. The question shall be in substantially the following form:
  3. If a majority of those voting on the question within the district favor the dissolution such district shall thereupon be dissolved.

“Are you in favor of dissolving the (insert name of district) Public Library District?”; and

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History. Enact. Acts 1960, ch. 114, § 19, effective June 16, 1960; 1978, ch. 384, § 297, effective June 17, 1978; 1982, ch. 245, § 17, effective July 15, 1982; 1982, ch. 360, § 55, effective July 15, 1982; 1996, ch. 195, § 65, effective July 15, 1996.

Opinions of Attorney General.

A library district created by the petition method can only be dissolved by the petition method, and a library district created by a vote of the people can only be dissolved by a vote of the people. OAG 67-263 .

173.640. Conduct of elections.

All elections authorized by KRS 173.450 to 173.650 shall be held and conducted in all respects under the general election laws obtaining in this Commonwealth at the time of the election.

History. Enact. Acts 1960, ch. 114, § 20, effective June 16, 1960.

173.650. Certification of election results.

The results of the election in each county shall be certified by the county election commissioners to the county judge/executive in each county. When more than one (1) county is involved the county judges/executive shall certify the results in their respective counties to the county judge/executive of the county having the largest voting population.

History. Enact. Acts 1960, ch. 114, § 21, effective June 16, 1960; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978.

Library Districts Formed by Petition

173.710. Definitions for KRS 173.710 to 173.800.

  1. “District” means “public library district”;
  2. “Board” means the board of trustees of a public library district.

History. Enact. Acts 1964, ch. 92, § 1; 1972, ch. 223, § 9.

NOTES TO DECISIONS

1. Creation of District.

Where valid petitions for both the “ballot method” and “petition method” of creating a library district were filed, once the fiscal court had determined that the “petition method” petition was free of technical deficiencies, the library district came into being by operation of statute and the question proposed by the “ballot method” petition became moot. Crafton v. Board of Trustees, 554 S.W.2d 82, 1977 Ky. LEXIS 484 ( Ky. 1977 ).

Cited:

Shreve v. Taylor County Public Library Board, 419 S.W.2d 779, 1967 Ky. LEXIS 198 ( Ky. 1967 ).

Opinions of Attorney General.

If a county library district is created under this section and KRS 173.715 to 173.800 , a later reclassification of a city within the county to first-class city status would not change or affect the legal existence of the library district. OAG 70-518 .

KRS 173.340(3), forbidding nepotism, only applies to county and regional libraries and to libraries in cities from the second to sixth class established under KRS 173.300 to 173.410 , and would not apply to libraries in first class cities, public library districts or library districts formed by petition. OAG 82-373 .

Research References and Practice Aids

Cross-References.

Public library districts, KRS 173.450 to 173.650 .

173.715. County or counties may become library district.

All of the territory in a county, or in two (2) or more counties contiguous to each other may be organized into a public library district for the purpose of levying a tax to pay for establishing, equipping, maintaining and administering libraries, or for contracting for library service from any existing library.

History. Enact. Acts 1964, ch. 92, § 2.

NOTES TO DECISIONS

1. Construction.

This section recognizes that a library district has the power to tax and under KRS 173.720 the county merely collects the tax as agent of the library district hence the library tax is not a part of the county tax within the prohibition of Const., § 157 but is a tax levied by a new authorized taxing district created pursuant to statutory authority. Boggs v. Reep, 404 S.W.2d 24, 1966 Ky. LEXIS 286 ( Ky. 1966 ).

Cited:

Board of Trustees v. Henderson County Fiscal Court, 549 S.W.2d 828, 1976 Ky. App. LEXIS 123 (Ky. Ct. App. 1976).

Opinions of Attorney General.

Where all the territory in a county, including a town containing a library, was included in a library district the district could make an agreement with the existing library to pay it an annual fee for two years to expand the existing library. OAG 69-329 .

The establishment of a second library district within a county while another library district exists within the same county is contrary to the provisions of this section, since this section speaks in terms of authorization to organize all of the territory in a county into a library district and makes no provisions for there being more than one library district in the same county. OAG 81-257 .

Unless a public library district plans to establish its own library, a public library district can only levy a tax to pay for contracting for library services from an existing library and, this being the case, there must be a contract for services before payment for services can be made; a public library district appears to be prohibited under either this section or KRS 173.460 from making payment to an existing library for services without first having a contract. OAG 82-114 .

173.720. Organization of district — Tax collection.

  1. Districts organized pursuant to the provisions of this section prior to July 13, 1984, shall be governed by the provisions of KRS 173.710 to 173.800 .
  2. All special ad valorem taxes authorized by KRS 173.710 to 173.800 shall be collected in the same manner as are other county ad valorem taxes in each county affected and shall be turned over to the board as the governing body of the district. The special ad valorem tax shall be in addition to all other ad valorem taxes.

History. Enact. Acts 1964, ch. 92, § 3; 1978, ch. 384, § 298, effective June 17, 1978; 1984, ch. 100, § 14, effective July 13, 1984.

NOTES TO DECISIONS

  1. In General.
  2. Certification of Petition.
  3. Filing Petition.
  4. Percentage of Voters.
  5. Action by Fiscal Court.
  6. Rescinding Order.
  7. Tax Not County Tax.
  8. Appeal.
1. In General.

Where county followed procedures to create a public library under both the “ballot method” and the “petition method,” one method should not be utilized to block the other so that if the public library issue was defeated at the polls, nonetheless the public library district would be deemed created pursuant to this section. Board of Trustees v. Henderson County Fiscal Court, 549 S.W.2d 828, 1976 Ky. App. LEXIS 123 (Ky. Ct. App. 1976).

2. Certification of Petition.

Petition was “duly certified” as required by this section where each sheet of the petition contained the full prayer of the petition, and when presented to the fiscal court the sheets were fastened together, with a certification by two persons that they were duly qualified and registered voters and residents of Taylor County; that they had signed the petition and that “the foregoing petition containing 2502 names, addresses and respective dates of signing constitutes more than 51 percent of the total number of duly qualified voters who cast 4042 votes in the last general election in November 1966 in Taylor County, Kentucky, as required and provided in Kentucky Revised Statutes 173.720 .” Shreve v. Taylor County Public Library Board, 419 S.W.2d 779, 1967 Ky. LEXIS 198 ( Ky. 1967 ).

3. Filing Petition.

The filing of the petition with the clerk of the fiscal court was a proper filing within the purview of the statute. Aldridge v. Slusher, 446 S.W.2d 636, 1969 Ky. LEXIS 131 ( Ky. 1969 ).

4. Percentage of Voters.

Where the appellants circulated a petition to establish a library district prior to the 1979 general election and filed it after the election, and the petition contained the signatures of more than 51 percent of the number of qualified voters who voted in the 1978 general election, but only about 30 percent of the number of voters who voted in the 1979 general election, the petition was invalid under this section since the phrase “last general election” in subsection (1) of this section refers to the election prior to the filing of the petition rather than the election prior to the commencement of the petition, and the appellants, if they desired to have the 1978 general election control, could have started circulating the petition early enough to be filed before the 1979 general election. Dewey v. Wagers, 617 S.W.2d 55, 1981 Ky. App. LEXIS 245 (Ky. Ct. App. 1981) (decided under prior law).

5. Action by Fiscal Court.

Where the county library trustees filed a petition with the county fiscal court petitioning for a public library and a tax levy to support it, and the fiscal court declined to act on the petition, a mandamus was proper, for once a petition is filed with the fiscal court it cannot arbitrarily be ignored or denied and if technical deficiencies are found in the petition then there rests upon the court an obligation to inform those who filed it of such deficiencies. Holmes v. Hume, 424 S.W.2d 824, 1968 Ky. LEXIS 470 ( Ky. 1968 ).

6. Rescinding Order.

A fiscal court’s adoption of an order establishing a library district as the result of petition is a nondiscretionary action which effectuates a statutory procedure, and a fiscal court has no power to rescind its order. Meredith v. Sears, 427 S.W.2d 813, 1968 Ky. LEXIS 694 ( Ky. 1968 ).

Where the fiscal court adopted an order establishing a library district and subsequently found that the petition on which the action was instituted did not have sufficient valid signatures, the fiscal court had no authority to rescind its order establishing the district. Meredith v. Sears, 427 S.W.2d 813, 1968 Ky. LEXIS 694 ( Ky. 1968 ).

The act of a fiscal court in approving a petition seeking the establishment of a library district is administrative or ministerial, or “political,” and not judicial, so the ordinary rules giving a court control over its judgments for a specified period are not applicable. Meredith v. Sears, 427 S.W.2d 813, 1968 Ky. LEXIS 694 ( Ky. 1968 ).

Where the fiscal court had no authority to rescind its order establishing a library district and there was no appeal taken from that order, the sufficiency of the petition on which the order was adopted was not entitled to be questioned in an action to require the fiscal court to comply with its order. Meredith v. Sears, 427 S.W.2d 813, 1968 Ky. LEXIS 694 ( Ky. 1968 ).

7. Tax Not County Tax.

Tax imposed under this section on behalf of library district is imposed by the fiscal court as an agent of the district and it does not constitute a county tax. Consequently the fact that the amount of the tax when added to that of the county tax exceeds the maximum for counties does not make it violative of the Constitution. Boggs v. Reep, 404 S.W.2d 24, 1966 Ky. LEXIS 286 ( Ky. 1966 ).

8. Appeal.

On appeal from the rejection of a petition, the scope of review is the sufficiency of the petition and that is the issue presentable by any aggrieved party. Miller v. Bell, 453 S.W.2d 746, 1970 Ky. LEXIS 339 ( Ky. 1970 ).

Where the fiscal court refused to grant a petition to establish a library district, the petitioners’ remedy was by appeal rather than mandamus. Miller v. Bell, 453 S.W.2d 746, 1970 Ky. LEXIS 339 ( Ky. 1970 ).

Cited:

Varney v. Varney, 609 S.W.2d 704, 1980 Ky. App. LEXIS 398 (Ky. Ct. App. 1980); Miller v. Powell, 680 S.W.2d 128, 1984 Ky. App. LEXIS 528 (Ky. Ct. App. 1984).

Opinions of Attorney General.

Signatures on a library petition obtained on Sunday or other legal holidays would be valid. OAG 67-150 .

The petition must be signed by the number of people who would equal 51 percent of the people voting in the last general election in the district. OAG 67-229 .

Whether or not the signers of the petition voted in the last general election is immaterial. OAG 67-229 .

The signers of the petition must be qualified and registered voters in the district at the time of signing. OAG 67-230 .

The word “property” in the statute embraces both real and personal property having a situs in the library district and which is required to be assessed for local taxation and which is not exempted from taxation by a library district by statute or by the Constitution. OAG 67-230 .

A petition under KRS 173.790 authorizing a decrease in the rate specified in the organizing petition could be effective in the year the library was organized only if the petitioned decrease coincided with or occurred prior to the regular county tax levying and collection program of events. OAG 67-234 .

A petition would be sufficiently “certified” if it contained a prefatory statement of the general nature and purpose of the petition and that it was being signed by duly qualified and registered voters of the particular county. OAG 67-234 .

If from the context of the petition the address of the petitioner can be fairly made out, and such that the signer reasonably may be located, it is sufficient. OAG 67-234 .

If the fiscal court decides it wants to accept or validate a defective petition, if it believes the petition is sufficient, it may do so by an appropriate order. OAG 67-234 .

Petitioners must be qualified and registered voters at the precise time they sign the petition document. OAG 67-247 .

A library district created by the petition method can only be dissolved by the petition method, and a library district created by a vote of the people can only be dissolved by a vote of the people. OAG 67-263 .

Regardless of whether the petition method or the vote method is utilized, if the fiscal court so determines that a petition, filed under either method, is valid, it is mandatory that the fiscal court take the required action in either case. OAG 67-263 .

The increase or decrease in the tax rate must follow the identical method employed in the creation of such library district. OAG 67-263 .

Where petitions are filed under both this section and KRS 173.470 , the first valid petition in time must control. OAG 67-263 .

In determining when the library tax is to be added to the tax bill by the clerk of the county court the key phrase is “the next annual tax bills.” A reasonable interpretation of this phrase is that the tax should be added to the nearest annual tax bill that will accommodate the regular tax collection schedule. This really says that it will be added to the tax bill as soon as practicable. OAG 67-383 .

While the library tax is to be added to the nearest tax bills of the county that will accommodate the regular tax collection schedule, the county clerk cannot add the library tax to the tax bills until the fiscal court orders the library tax levy. OAG 67-485 .

Library districts organized under this section are not exempt from the payment of the sales tax provided in KRS Chapter 139 or the utility gross receipts license tax provided in KRS Chapter 160. OAG 68-241 .

A library district tax would be applicable to franchise assessments with a taxable situs within the library district. OAG 68-545 .

A district is created upon the filing of a valid petition and the fiscal court is mandatorily required to adopt a resolution ordering the tax levy. OAG 68-588 .

The filing of the petition and the adoption of the resolution should be contemporaneous with an allowance of time for the fiscal court to determine the validity of the petition. OAG 68-588 .

The fiscal court has no authority to change the tax rate set up in the petition. OAG 68-588 .

This section is mandatory and upon the submission of a petition complying with the requirements of this section, the fiscal court is required to order the tax levy. OAG 69-286 .

A library district organized pursuant to this section may contract with the fiscal court of an adjoining county to provide bookmobile service to that county provided it is done at no expense to the board or taxpayers of the county providing the service. OAG 70-296 .

Once a petition is deemed by a fiscal court to be validly filed, the fiscal court is required to levy the specific library tax spelled out in the petition. OAG 70-578 .

Once a petition is filed, it is the responsibility of the fiscal court to determine if it was validly filed under this section and to determine the validity of the signatures if they are questioned. OAG 70-578 .

The petition method of establishing a county library district is legal. OAG 70-578 .

Where a petition by the required voters to dissolve a library district was filed, the dissolution of the library district would be effected upon the entry of a proper resolution of dissolution of the fiscal court. OAG 71-80 .

The signers of the petition need only be qualified voters within the territorial limits of the proposed district and need not be property owners. OAG 71-210 .

Although for libraries formed by the petition method the reports required under both KRS 173.770(2) and KRS 424.220 are necessary, the library board, in making its report under KRS 173.770(2), need only show the totals of amounts paid to each individual as salary and public utility bills with any other expenditures shown by individual voucher. OAG 71-438 .

The county library board can obtain the levy of a tax by the county fiscal court over and beyond the county’s general tax levy by either establishing a library district and thus a separate taxing district organized under this section or KRS 173.470 or it may request the county fiscal court, pursuant to the power of the fiscal courts under KRS 67.083 , to present to the voters of the county the question of an additional tax levy which, if assented to by two-thirds of those voting upon the question, would be an intended, authorized “voting levy” and therefore not subject to KRS 68.245(1) nor prohibited by Const., § 157. OAG 73-291 .

All taxes levied by a county in one year constitute one fund and are to be taken in the aggregate in computing the commission due the collecting officer except that where a special district is a separate taxing district and where commission procedure is not otherwise provided apart from KRS 134.290(2), the county should be reimbursed for that portion of the sheriff’s commission allocated to the collection of such separate taxing district taxes and paid by the county as the library tax and the public health taxing district, under KRS 212.720 , are not a part of the county tax within the prohibition of Const., § 157. OAG 73-647 .

A petitioner’s signature should be counted if the court in reviewing the signatures can reasonably determine that petitioner is a registered voter as shown on the registration records. OAG 74-357 .

Supplemental petitions can be filed until the 90-day expiration date. OAG 74-357 .

The phrase “in the last general election” as formerly contained in subsection (1) of this section refers to the last general election preceding the time the 90 day petition signing period begins to run, which would be the time the first signature appears on the petition. OAG 76-608 .

The legislative intent was for the precise ad valorem tax rate for support of the library district to be established by the petitioners under the petition method and by the voters under the ballot method and the fiscal court was not required or permitted to set such tax rate. OAG 79-102 .

A person who has signed a petition for a library district, before it is properly filed with the clerk, may revoke or obliterate his own signature by marking lines through the signature, stating that it is withdrawn and initialing the expungement, giving the fiscal court a documented basis for determining any such prefiling withdrawals. OAG 79-265 .

Once a library district petition is filed, the fiscal court is responsible for determining whether or not the petition is valid and properly filed on its face including the checking of the names on the petition against the voters’ registration data in the county clerk’s office. OAG 79-265 .

The method of creation of a library district governs the method of dissolution and tax rate change; such methods must be the same. OAG 80-570 .

The members of the fiscal court would not be liable for the nonexpenditure of library funds collected and turned over to the library board under subsection (4) (now (2)) of this section, because the library board and its treasurer, and not the members of the fiscal court, are responsible for the expenditure of funds in accordance with KRS 173.745 and KRS 173.755 . OAG 81-257 .

Under subsection (1) of KRS 173.790 a library tax rate established by the petition method may be decreased, suspended or amended only by the petition method. OAG 81-257 .

The library tax imposed under this section is not a part of the county tax within the prohibition of Const., § 157; to the contrary, the library tax is a tax levied by a new authorized and separate taxing district pursuant to statutory authority. OAG 83-310 .

The word “shall,” in the first sentence of subsection (1) of this section, is mandatory and where the petition is properly drawn and filed in every particular under this section, the fiscal court members, at a proper meeting by majority vote, are required to vote on and pass the resolution of a tax levy; any member failing to vote yes on such resolution would be in violation of this section. OAG 83-310 .

Where the members of fiscal court fail or refuse to enter an order ordering the levy of a library tax pursuant to the filing of a petition, such inaction is in violation of this section and is arbitrary; Const., § 2 would also be violated, since it expressly prohibits the exercise of arbitrary power. If the fiscal court does not enter the order, as required, it may be subjected to a citizens’ suit in the local circuit court for mandamus or mandatory injunction to compel the fiscal court to do its duty. OAG 83-310 .

173.725. Library board — Members, number, appointment.

  1. Upon the creation of a district, the fiscal court of each county in the district shall at once notify the Department for Libraries and Archives of the establishment of the district and shall forward to the department a copy of the petition required pursuant to KRS 173.720 . The Department for Libraries and Archives shall then recommend to the county judge/executive of each county in the district the names of suitable persons from among the signers of the petition to be appointed to the board. The Department for Libraries and Archives in recommending persons to the county judge/executive for appointment to the board shall recommend twice as many persons for each county as the county is entitled to have members appointed, and the county judge/executive shall, with the approval of the fiscal court, immediately make the selection from those recommended. Where the district consists of one (1) county, the county judge/executive shall appoint five (5) persons from that county as members. The Department for Libraries and Archives shall prescribe by regulation the number of board members when the district consists of more than one (1) county, provided that the board shall consist of not less than one (1) nor more than four (4) members from each county, each county having such number of members as the proportion of its population bears to the total population in the district, and that the total membership of the board consists of not less than five (5) members. Where a county joins an already established district, the Department for Libraries and Archives shall, from among the signers of the petition, recommend to the county judge/executive of each county included in the new district for the first time twice as many persons for appointment to the board as the county is entitled to have appointed, and the county judge/executive shall select the members for the county from this list. The terms of the members of the counties composing the previously existing district shall expire immediately upon the organization of the new board and such vacancies shall be filled as provided in KRS 173.730 .
  2. In making recommendations and appointments under subsection (1) of this section and KRS 173.730 , the Department for Libraries and Archives and the county judge/executive shall attempt to assure, to the extent permitted by the county’s entitlement to board members, that the board includes members from different geographical areas, and from both cities and unincorporated areas, of the county.

History. Enact. Acts 1964, ch. 92, § 4; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 1980, ch. 18, § 17, effective July 15, 1980; 1980, ch. 167, § 3, effective July 15, 1980; 1984, ch. 218, § 3, effective July 13, 1984; 1990, ch. 58, § 10, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Miller v. Powell, 680 S.W.2d 128, 1984 Ky. App. LEXIS 528 (Ky. Ct. App. 1984).

Opinions of Attorney General.

The recommendation of potential appointees by the Department of Libraries (now Department for Libraries and Archives) extends to the situation involving one county in a library district as well as to a multi-county district. OAG 67-329 .

There is no statute authorizing the fiscal court or the county judge to remove a library trustee under any circumstances. OAG 76-757 .

An elected county official, except a commissioner of the fiscal court of a county containing a first-class city, may serve on the board of a library formed under KRS 173.450 to 173.650 or 173.710 to 173.800 . OAG 78-331 .

Reading this section and KRS 173.745 in pari materia it must be concluded that this section implicitly provides that library district board members must, as a minimal qualification, be willing to accept the mandates of KRS 173.745 as to doing all things necessary to provide efficient library service. OAG 82-202 .

173.730. Board members — Terms — Vacancies to be filled by persons recommended by the board — Removal of members — Advisory board.

  1. One-third (1/3) of the persons first appointed to the board shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and one-third (1/3) for a term of four (4) years. Where the board consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number divisible by three (3), shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms expire, their successors shall be recommended by the board. The board shall recommend two (2) persons committed to the provision of library services to the Department for Libraries and Archives, for each vacancy. The state librarian and commissioner shall recommend those names to the county judge/executive. The county judge/executive shall immediately, with the approval of the fiscal court, make the selection from those recommended. Board members thus appointed shall serve a term of four (4) years each. Trustees may serve for two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no earlier than twelve (12) months following the end of their last service. The members shall hold office until their respective successors are appointed and qualified. After absence of a trustee from four (4) regular monthly meetings of the board during any one (1) year of the trustee’s term, the trustee shall be considered to have automatically resigned from the board. An advisory board may be appointed and serve as specified in bylaws of the board of trustees.
  2. Any vacancy occurring in the terms of office of members shall be filled for the unexpired term by the county judge/executive, with the approval of the fiscal court, by appointment on recommendation of the state librarian and commissioner of two (2) persons interested in the provision of library services and living in the county in which the vacancy occurred.
  3. A member of the board may be removed from office as provided by KRS 65.007 .

History. Enact. Acts 1964, ch. 92, § 5; 1974, ch. 8, § 8; 1974, ch. 74, Art. VIII, B, § 1; 1980, ch. 18, § 18, effective July 15, 1980; 1982, ch. 245, § 11, effective July 15, 1982; 1984, ch. 218, § 4, effective July 13, 1984; 1990, ch. 58, § 11, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Miller v. Powell, 680 S.W.2d 128, 1984 Ky. App. LEXIS 528 (Ky. Ct. App. 1984).

Opinions of Attorney General.

There is no statute authorizing the fiscal court or the county judge (now county judge/executive) to remove a library trustee under any circumstances. OAG 76-757 .

A board member who serves either an initial two, three, or four-year term serves a full “term,” and although they may serve a second term of four years, they may not after such second term of four years succeed themselves as board members. OAG 82-471 .

The initial two and three-year terms as well as the initial four-year term all count as full terms for purposes of subsection (1) of this section. OAG 82-471 .

173.735. Corporate name — Officers — Meetings — Quorum.

Each board shall be a body corporate under the name and style of “.... Public Library District Board of Trustees.” The members shall, as soon as possible after their appointment, organize by electing a president, a secretary, a treasurer, and other officers as deemed necessary each to serve for a term of two (2) years and until a successor is elected and qualified. The board shall meet on a regularly scheduled basis once each month. A majority of the board shall constitute a quorum.

History. Enact. Acts 1964, ch. 92, § 6; 1974, ch. 8, § 9; 1990, ch. 58, § 12, effective July 13, 1990.

Opinions of Attorney General.

All three (3) officers of the county library district must be members of the library board. OAG 81-39 .

Since under this section it is the treasurer and not the board who is to give the performance bond, there is no requirement that the board advertise for bids. OAG 81-39 .

173.740. Expenses of board members — Employment of relatives — Conflict of interest.

The members of the board shall not receive compensation for their services, but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties, upon vouchers duly approved by the board, signed by the secretary and countersigned by the president. No board shall newly employ as a member of its library staff any member of the board or any person related closer than a second cousin to any member of the board. No person is eligible to this office who is directly or indirectly interested in the sale to the library of books, magazines, supplies, equipment, materials, insurance, or services for which library funds are expended.

History. Enact. Acts 1964, ch. 92, § 7; 1982, ch. 245, § 15, effective July 15, 1982; 1990, ch. 58, § 13, effective July 13, 1990.

173.745. Powers and duties of board.

  1. The board shall establish, equip and maintain libraries or contract with existing libraries for the furnishing of library service for the district and do all things necessary to provide efficient library service. The board may also enter an agreement pursuant to KRS 65.210 to 65.300 for the provision of additional library services. No district shall establish a library unless the plans for the establishment, equipment and maintenance have been approved by the Department for Libraries and Archives. No contract shall be made unless the libraries contracting to furnish service are libraries approved by the Department for Libraries and Archives for this purpose.
  2. The district, as a body corporate, by and through the board may:
    1. Sue and be sued, complain and defend, purchase, or lease grounds, purchase, lease, occupy or erect appropriate buildings for the use of the district libraries and their branches, sell and convey real and personal property for and on behalf of the district, receive gifts of real and personal property for the use and benefit of the district, the same when accepted to be held and controlled by the board according to the terms of the deed, gift, devise or bequest of such property;
    2. Borrow money on the credit of the board in anticipation of the revenue to be derived from taxes levied by the district for the fiscal year in which the money is borrowed, and to pledge the taxes levied for the district for the payment of the principal and interest of the loan. The principal to be repaid annually shall not exceed fifty percent (50%) of the anticipated revenue for the fiscal year in which the money is borrowed.
    3. Establish bylaws it deems necessary and expedient to define the duties of officers or employees and make all necessary policies governing libraries, library service and personnel within the district.
  3. The board in exercise of its powers shall be guided by the regulations and requirements of the Department for Libraries and Archives.
  4. The powers set forth in this section shall not be construed to limit, restrict or modify any powers or authority granted by KRS 173.710 to 173.800 or any other law not in conflict with the provisions of this section.

History. Enact. Acts 1964, ch. 92, § 8; 1982, ch. 245, § 13, effective July 15, 1982; 1990, ch. 58, § 14, effective July 13, 1990.

Opinions of Attorney General.

Where all the territory in a county, including a town containing a library, was included in a library district the district could make an agreement with the existing library to pay it an annual fee for two years to expand the existing library. OAG 69-329 .

The six percent restriction of subsection (2)(b) of this section, applicable to library district boards, does not apply to a nonprofit construction corporation organized to build a library and lease it to the library district. OAG 69-552 .

A library district cannot obligate itself to spend more money in a particular year than the anticipated income and revenue provided for such year. OAG 71-34 .

The entire principal indebtedness would govern and not the amount of principal to be paid each year in measuring an obligation of the library district against the requirements of Ky. Const., § 157. OAG 71-34 .

Where a proposed library building would exceed the debt limitations of the library district, a holding company could be used to borrow the necessary funds and lease the library building to the library district. OAG 71-34 .

The board of a library established under KRS 173.450 to 173.650 and 173.710 to 173.800 has the duty to file with the county judge/executive an annual report and such other reports as the fiscal court may require. OAG 78-331 .

The members of the fiscal court would not be liable for the nonexpenditure of library funds collected and turned over to the library board under subsection (4) (now (2)) of KRS 173.720 , because the library board and its treasurer, and not the members of the fiscal court, are responsible for the expenditure of funds in accordance with this section and KRS 173.755 . OAG 81-257 .

Reading KRS 173.725 and this section in pari materia it must be concluded that KRS 173.725 implicitly provides that library district board members must, as a minimal qualification, be willing to accept the mandates of this section as to doing all things necessary to provide efficient library service. OAG 82-202 .

A library district can qualify to issue revenue bonds under KRS Ch. 58, since it is a special taxing district under Ky. Const., § 157 and is a “governmental agency” under KRS 58.010(3); if it issues revenue bonds for a proposed project, the library district board can exercise the power to condemn real estate pursuant to KRS 58.140 . However, a library district which planned to use mortgage financing for library improvements had no power to condemn the real estate needed. OAG 82-343 .

While KRS 173.520(1) and subsection (1) of this section provide that the library district board shall “do all things necessary to provide efficient library service,” that language does not standing alone grant the power of condemnation. OAG 82-343 .

Under the literal provisions of subdivision (2)(b) of this section, the library board’s authority to borrow money for the district operation is clearly limited to the anticipation of the revenue to be derived form taxes levied by the district for the fiscal year in which the money is borrowed; thus, the board could not borrow money in March of 1984 as a loan against tax revenues to be received during the fiscal year beginning July 1, 1984. OAG 84-109 .

173.750. Library director and staff.

The board shall employ a library director and upon that person’s recommendation may employ other staff as it deems necessary. The library director and staff shall be certified in accordance with the provisions of KRS 171.240 to 171.300 .

History. Enact. Acts 1964, ch. 92, § 9; 1990, ch. 58, § 15, effective July 13, 1990.

173.755. Duties of treasurer of board — Bond.

The treasurer of the board shall:

  1. Have the custody of all money, securities, and obligations belonging to that district, and shall disburse money only for the uses and purposes of the district and in the manner prescribed by the bylaws on itemized vouchers allowed by the board, signed by the secretary and countersigned by the president;
  2. Keep a full and accurate account of all receipts and payments in the manner directed by the bylaws, and such other accounts as the board prescribes;
  3. Render statements of accounts of the several books, funds, and property of the library whenever required by the board;
  4. Have all accounts and records for the fiscal year fully made up and present the same to the board within ninety (90) days following the close of that fiscal year;
  5. Give bond to the Commonwealth for the faithful performance of those duties, in the sum and form and with the sureties approved by the board.

History. Enact. Acts 1964, ch. 92, § 10; 1990, ch. 58, § 16, effective July 13, 1990.

Opinions of Attorney General.

The board member/treasurer of a county library district may employ, if permitted by the bylaws, a person to actually do the work of the treasurer under the member/treasurer’s supervision and since such employment would qualify under the “uses and purposes of the district” language of this section it would be an authorized expenditure. OAG 81-39 .

The members of the fiscal court would not be liable for the nonexpenditure of library funds collected and turned over to the library board under subsection (4) (now (2)) of KRS 173.720 , because the library board and its treasurer, and not the members of the fiscal court, are responsible for the expenditure of funds in accordance with KRS 173.745 and this section. OAG 81-257 .

173.760. Records open for state audit.

Every district established under KRS 173.710 to 173.800 shall at all reasonable times keep open for the inspection of the Auditor of Public Accounts all of its records and books of accounts.

History. Enact. Acts 1964, ch. 92, § 11.

173.765. Fiscal year.

The fiscal year of a district shall commence July 1 and close on June 30.

History. Enact. Acts 1964, ch. 92, § 12.

173.770. Annual report — Compliance with KRS 65A.010 to 65A.090.

  1. Within sixty (60) days after the close of each fiscal year, the board shall make a written report to the Department for Libraries and Archives. A copy of this report shall be filed with the county clerk of each county within the district. The report shall contain:
    1. A statement of the property acquired by devise, bequests, purchase, gift, or otherwise during the fiscal year;
    2. A statement of the character of library service furnished to the district during the fiscal year; and
    3. Any other statistics or information requested by the Department for Libraries and Archives.
  2. The board shall comply with the provisions of KRS 65A.010 to 65A.090 .

History. Enact. Acts 1964, ch. 92, § 13; 2013, ch. 40, § 61, effective March 21, 2013.

Opinions of Attorney General.

Although for libraries formed by the petition method the reports required under both this section and KRS 424.220 are necessary, the library board, in making its report under this section, need only show the totals of amounts paid to each individual as salary and public utility bills with any other expenditures shown by individual voucher. OAG 71-438 .

173.775. Attorney for board — Employment — Authority.

  1. The board may, in its discretion, employ or retain a regularly licensed attorney to advise them on all matters pertaining to their duties and shall have the discretion to delegate such authority to said attorney not forbidden by law.
  2. The board may fix the salary or compensation of the attorney provided for in subsection (1) of this section, in its discretion.

History. Enact. Acts 1964, ch. 92, § 14; 1990, ch. 58, § 17, effective July 13, 1990.

173.780. Attendance of librarians at meetings. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 92, § 15) was repealed by Acts 1982, ch. 245, § 18, effective July 15, 1982.

173.785. Revenue bonds may be issued.

Public library districts may, in addition to all other methods provided by law, acquire, construct, and improve library facilities through the issuance of revenue bonds under the terms and provisions of KRS 58.010 to 58.140 .

History. Enact. Acts 1964, ch. 92, § 16.

173.790. Increase or decrease in tax levy — Procedure.

  1. The special ad valorem tax rate for the maintenance and operation of a public library district created pursuant to KRS 173.710 to 173.800 before July 13, 1984, shall not be increased or decreased unless a duly certified petition requesting an increase or decrease in the tax rate of a specifically stated amount is signed by fifty-one percent (51%) of the number of duly qualified voters voting at the last general election in each county in the district. Such petition shall be filed with the fiscal court in each county in the district not later than ninety (90) days after the date of the first signature. The fiscal court shall order the court to increase or decrease the ad valorem tax, as stated in the petition.
    1. The petition shall read, “The following duly qualified voters of (insert name of county or counties) hereby petition the fiscal court of each county concerned to increase (or decrease) the special ad valorem tax from (insert exact amount) to (insert exact amount) on each one hundred dollars ($100) worth of property assessed for local taxation in the district for the maintenance and operation of the (insert name) Public Library District.”
    2. The petition shall contain the following: The name and address of each petitioner and the date upon which he signed the petition.
  2. Any increase provided for in subsection (1) of this section shall not exceed twenty cents ($0.20) on each one hundred dollars ($100) of the assessed valuation of all property in the district.
  3. A petition requesting a decrease in the tax rate will not be considered of any legal effect if, at any time prior to the filing of such a petition for decrease, either:
    1. Contractual obligations have been assumed by pertinent contracting authorities in connection with said subject library, which contractual obligations would be adversely affected by any such decrease; or
    2. If, as of the time of filing of such a petition for decrease, the board of such district shall have arranged for the financing of a library in that district pursuant to a plan of financing involving a lease of that library to the board under which lease the board is not bound for more than one (1) year at a time without exercising an annual option to renew the lease and such lease remains effective and has not been terminated; or
    3. If less than three (3) years have passed since the certified copy of the order of the fiscal court ordering the levy of the tax was filed with the county clerk.

History. Enact. Acts 1964, ch. 92, § 17; 1970, ch. 241, § 7; 1972, ch. 223, § 10; 1978, ch. 384, § 299, effective June 17, 1978; 1984, ch. 100, § 16, effective July 13, 1984.

NOTES TO DECISIONS

  1. Jurisdiction.
  2. Petition of Voters.
  3. Separation of Powers.
1. Jurisdiction.

Taxpayers’ actions against the Boards for allegedly not complying with KRS 173.790 governing the increase or decrease of the tax levy had to be remanded to the state trial court for further proceedings. The Tax Injunction Act, 28 U.S.C.S. § 1341, deprived the federal trial court of jurisdiction over those actions, as even though the actions were removed to the federal trial court, they were attempts to govern tax collections dictated by state law. Coleman v. Campbell County Library Bd. of Trs., 901 F. Supp. 2d 925, 2012 U.S. Dist. LEXIS 140859 (E.D. Ky. 2012 ).

2. Petition of Voters.

Circuit courts erred in rendering summary judgments in favor of two library districts because, while the applicable statutes were facially in conflict, they were both applicable to library districts formed by petition and could be harmonized in their application, where, if revenue from ad valorem taxes was to be increased above four percent, the increase had to be approved by petition of the voters. Campbell County Library Bd. of Trs. v. Coleman, 475 S.W.3d 40, 2015 Ky. App. LEXIS 39 (Ky. Ct. App. 2015).

3. Separation of Powers.

Prospective-only application of Ky. Rev. Stat. Ann. § 173.790 did not violate the separation of powers doctrine as no legal authority supported the theory that a prospective-only application of the holding of the opinion harmonizing statutes relating to public library ad valorem taxes violated the doctrine of separation of powers by nullifying the effect of § 173.790 for the period preceding the opinion. Coleman v. Campbell Cty. Library Bd. of Trs., 547 S.W.3d 526, 2018 Ky. App. LEXIS 17 (Ky. Ct. App.), cert. denied, 139 S. Ct. 482, 202 L. Ed. 2d 388, 2018 U.S. LEXIS 6681 (U.S. 2018).

Opinions of Attorney General.

Petitioners must be qualified and registered voters at the precise time they sign the petition document. OAG 67-247 .

The increase or decrease in the tax rate must follow the identical method employed in the creation of such library district. OAG 67-263 .

The library tax continues in effect during the life of the district unless the tax rate is increased or decreased under the petitioning procedure set out in this section. OAG 71-210 .

In a library district established under KRS 173.720 , an increase or decrease in the library tax levy can only be effected through the procedure outlined in this section; therefore, the fiscal court could not properly request by resolution that the library board reconsider the tax levy. OAG 72-384 .

The only valid resolution the county board of trustees can pass to set the library tax rate is that required by the “rollback” law and any other change can only be made by the petition method. OAG 74-644 .

This section relates only to library districts created by the petition method. OAG 79-102 .

The method of creation of a library district governs the method of dissolution and tax rate change; such methods must be the same. OAG 80-570 .

Under subsection (1) of this section a library tax rate established by the petition method may be decreased, suspended or amended only by the petition method. OAG 81-257 .

Where a petition to rescind an increase in the library tax levy was filed several months after fiscal court had delivered the tax levy to the county clerk and the actual collection of the tax had already begun at the time the petition for decrease was filed with the clerk, the petition to decrease the library tax would be invalid under subdivision (3)(c) of this section, in that less than three years had passed since the county clerk received the fiscal court’s tax levy order. OAG 84-52 .

173.795. Annexation of counties to district.

Counties outside of any existing district, and contiguous thereto, may be annexed to the district in the following manner:

  1. Upon filing with the fiscal court of a duly certified petition of fifty-one percent (51%) of the duly qualified voters voting at the last general election, the fiscal court of each county in the district and each county proposed to be annexed shall adopt a resolution annexing the territory to the district. A certified copy of the order of the fiscal court shall be filed with the county clerk within the next thirty (30) days.
  2. The petition shall be in substantially the following form:

“The following duly qualified voters of (insert name of county or counties) petition their respective fiscal courts to annex the following described territory (here describe the territory) to the (name district) public library district with the authority to levy an ad valorem tax of (state exact amount) on each one hundred dollars ($100) worth of property subject to local taxation in the above stated territory.”

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History. Enact. Acts 1964, ch. 92, § 18.

173.800. Procedure for dissolution of district.

A district may be dissolved in the following manner:

  1. Upon filing of a duly-certified petition of fifty-one percent (51%) of the number of qualified voters who voted in the last general election in the district, the fiscal court of each county in the district shall adopt a resolution to dissolve a library district.
  2. The petition shall be in substantially the following form:
  3. A certified copy of the order of the fiscal court shall be filed with the county clerk.
  4. The county clerk or clerks in the district will thereupon remove the tax levy from the tax bills of the property owners of the district and the district shall be dissolved.
  5. A petition for dissolution will not be considered of any legal effect if, at any time prior to the filing of such a petition for dissolution, either:
    1. Contractual obligations have been assumed by pertinent contracting parties in connection with said subject library, which contractual obligations would be adversely affected by any such dissolution; or
    2. If, as of the time of filing of such a petition for dissolution, the board of such district shall have arranged for the financing of a library in that district pursuant to a plan of financing involving a lease of that library to the board under which lease the board is not bound for more than one (1) year at a time without exercising an annual option to renew the lease and such lease remains effective and has not been terminated; or
    3. If less than three (3) years have passed since the certified copy of the order of the fiscal court ordering the levy of the tax was filed with the county clerk.
  6. After all contractual obligations, existing prior to the time of the attempted filing of such petition for dissolution, have been satisfied, then, at such time, a petition for dissolution may be effectively filed under this section, provided that other provisions of this section are complied with.

“The following qualified voters in (insert name of county or counties) favor dissolving the (insert name of district) Public Library District.” It shall be presented to the fiscal court within ninety (90) days after having been signed by the first petitioner.

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History. Enact. Acts 1964, ch. 92, § 19; 1966, ch. 154; 1970, ch. 241, § 8; 1972, ch. 223, § 11; 1978, ch. 384, § 300, effective June 17, 1978.

NOTES TO DECISIONS

  1. Construction.
  2. Reason for Dissolution.
  3. Levy of Taxes after Petition Filed.
  4. Payment of Liabilities.
  5. Action after Entry of Dissolution Resolution.
  6. Time for Appeal.
1. Construction.

This section contemplates dissolution of a library district upon the entry of a resolution filing a valid petition by the required voters. Padgett v. Sensing, 438 S.W.2d 501, 1969 Ky. LEXIS 405 ( Ky. 1969 ).

2. Reason for Dissolution.

Where an order of a fiscal court establishing a library district was erroneous or made without proper consideration of the sufficiency of the petition, the remedy is by appeal, not by rescission, and if voters are not satisfied with the order they can dissolve the district under this section. Meredith v. Sears, 427 S.W.2d 813, 1968 Ky. LEXIS 694 ( Ky. 1968 ).

3. Levy of Taxes after Petition Filed.

The library board having received more than sufficient funds from 1967 taxes to meet its contractual obligations as of the date the petition to dissolve was filed, any further levy or collection of taxes for its benefit was unauthorized and illegal. Padgett v. Sensing, 438 S.W.2d 501, 1969 Ky. LEXIS 405 ( Ky. 1969 ).

4. Payment of Liabilities.

The dissolution of the library district cannot operate to prevent the library board from paying its just debts and its contractual obligations, and once this is done, the dissolution is complete. Padgett v. Sensing, 438 S.W.2d 501, 1969 Ky. LEXIS 405 ( Ky. 1969 ).

5. Action after Entry of Dissolution Resolution.

After the entry, by the fiscal court of the dissolution resolution, the action of the library board is limited to performing the contractual obligations it incurred before the date of filing of the petition, with the possible exception of the necessary or incidental expense of closing out its business. Padgett v. Sensing, 438 S.W.2d 501, 1969 Ky. LEXIS 405 ( Ky. 1969 ).

6. Time for Appeal.

Where a resolution dissolving a library district was adopted by a county fiscal court on May 18, 1971, but the resolution was not entered into the order book or assigned by the county judge (now county judge/executive) until May 21, 1971, the appeal time started running from the date the resolution was signed and entered. Graves County Public Library Dist. Board v. Graves County Fiscal Court, 479 S.W.2d 27, 1972 Ky. LEXIS 290 ( Ky. 1972 ).

Opinions of Attorney General.

The fiscal court should not permit the withdrawal of names from library petitions after the petitions have been filed, and even though the petition may be filed on a date prior to the deadline for filing. OAG 66-276 .

A library district created by the petition method can only be dissolved by the petition method, and a library district created by a vote of the people can only be dissolved by a vote of the people. OAG 67-263 .

The phrase “contractual obligations” as used in subsection (5) of this section was intended by the Legislature to refer to actual financial obligations arising out of contract. OAG 67-524 .

Once a resolution of dissolution is entered pursuant to subsection (1) of this section, the library district is dissolved subject to the payment of accrued obligations and can no longer carry on its usual function of furnishing library services, and books and a bookmobile owned by the Department of Libraries (now Department for Libraries and Archives) in the possession of the dissolved district should be immediately returned. OAG 69-247 .

A dissolution cannot be completed until all contractual obligations, existing prior to the time of the filing of such petition for dissolution have been satisfied. OAG 69-552 .

A dissolution of the library district, effected after the execution of the loan documents and transfer of money to a nonprofit corporation to build a library would not operate to prevent the liquidation of the total contractual obligation of the construction corporation. OAG 69-552 .

Where a petition by the required voters to dissolve a library district was filed, the dissolution of the library district would be effected upon the entry of a proper resolution of dissolution of the fiscal court. OAG 71-80 .

Where a valid petition to dissolve has been filed and a resolution of dissolution adopted, such dissolution cannot operate to prevent the library board from paying its just debts or contractual obligations, but after such obligations have been paid, the dissolution would be complete. OAG 71-80 .

If a petition for dissolution is filed prior to the time the tax bills containing the first library levy are sent out, the tax must still be imposed if the library district has outstanding contractual obligations. OAG 71-210 .

The method of creation of a library district governs the method of dissolution and tax rate change; such methods must be the same. OAG 80-570 .

State Advisory Council

173.810. State Advisory Council on Libraries. [Repealed]

HISTORY: Enact. Acts 1976, ch. 367, § 1; 1978, ch. 154, § 14, effective June 17, 1978; 1988, ch. 288, § 2, effective July 15, 1988; 1994, ch. 405, § 34, effective July 15, 1994; 2007, ch. 65, § 3, effective June 26, 2007; 2009, ch. 11, § 58, effective June 25, 2009; repealed by 2018 ch. 176, § 9, effective July 14, 2018.

173.850. Definitions for KRS 173.860 and 173.870.

Unless the context otherwise requires:

  1. “State librarian” means the state librarian as defined in KRS 171.130 ;
  2. “Governmental unit” means any county or city or urban-county government or other agency or instrumentality which is authorized by Kentucky Revised Statutes to levy and collect taxes for public purposes; and
  3. “Qualifying library” means any free public library supported in whole or in part with money derived from taxation, and governed by a board as provided for in KRS 173.040 , 173.340 , 173.500 or 173.725 , which is located in any county containing a city of the first class, a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, an urban-county government, or any county in which there are no incorporated areas.

History. Enact. Acts 1980, ch. 383, § 1, effective July 15, 1980; 1988, ch. 327, § 8, effective July 15, 1988; 2014, ch. 92, § 245, effective January 1, 2015.

173.860. Urban libraries fund — Source of money.

There is hereby created the urban libraries fund for distribution to qualifying libraries as defined by KRS 173.850 . The fund shall be administered pursuant to the provisions of KRS 173.870 . The fund shall consist of such sums as are appropriated by the General Assembly, and any grants, gifts, legacies, devises, or other funds or property from any available source, public or private. The receipt, control, and expenditure of funds shall be subject to the general provisions of KRS Chapters 41 to 47, governing financial administration of state agencies.

History. Enact. Acts 1980, ch. 383, § 2, effective July 15, 1980; 1988, ch. 327, § 9, effective July 15, 1988; 2002, ch. 346, § 181, effective July 15, 2002; 2014, ch. 92, § 246, effective January 1, 2015.

173.870. Allocation of funds.

The state librarian shall annually on September 1 cause the State Treasurer to pay to each qualifying library out of the urban libraries fund, to the extent that funds are available, the sums computed as follows:

  1. The sum of twenty-five cents ($0.25) for each resident of the county containing a qualifying library based on the then current census of such county supplied by the Bureau of Census, United States Department of Commerce; and
  2. The remainder of available funds shall be divided equally between each qualifying library as defined by KRS 173.850 .

History. Enact. Acts 1980, ch. 383, § 3, effective July 15, 1980; 1988, ch. 237, § 10, effective July 15, 1988; 2014, ch. 92, § 247, effective January 1, 2015.