KRS ch. 148 | Kentucky Revised Statutes, Chapter 148 — Parks and Tourism

Title XII — Conservation and State Development

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-08-31.

Title XII Conservation and State Development

Chapter 148 Parks and Tourism

148.001 Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1) "Department" means the Department of Parks;

(2) "Commissioner" means the commissioner of parks;

(3) "Commission" means the State Property and Buildings Commission;

(4) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;

(5) "Prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated, and incarcerated by an enemy of the United States;

(6) "Sanctuary" means a place of refuge where wildlife is maintained and protected from depredation and destruction; and

(7) "Wildlife" means all living things that are neither human nor domesticated, including but not limited to mammals, reptiles, amphibians, birds, fishes, crustaceans, mollusks, trees, shrubs, vines, wildflowers, and nonflowering plants.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 129, sec. 3, effective June 29, 2017. -- Amended 1988 Ky. Acts ch. 95, sec. 2, effective July 15, 1988. -- Amended 1972 Ky. Acts ch. 189, sec. 1. -- Created 1964 Ky. Acts ch. 157, sec. 1.

148.010 Repealed, 1964.

[Repealed]

148.011 Department of Parks created -- Commissioner -- Appointment -- Divisions.

(1) There shall be established in the state government a Department of Parks, a statutory administrative department within the meaning of KRS Chapter 12, the executive head of which shall be the commissioner of parks.

(2) The commissioner of parks shall be appointed by the Governor as provided in KRS 12.040 for the heads of statutory administrative departments and shall receive an annual salary not to exceed the amount provided in KRS 64.640(2) relating to compensation for the heads of other statutory administrative departments.

(3) The commissioner of parks may establish divisions in accordance with the terms of KRS 12.050.

(4) The heads of the divisions in the Department of Parks shall be appointed by the commissioner of parks in accordance with the provisions of KRS 12.050.

Effective: July 15, 1980

History: Amended 1980 Ky. Acts ch. 188, sec. 109, effective July 15, 1980. -- Created 1964 Ky. Acts ch. 157, sec. 2.

148.020 Repealed, 1964.

[Repealed]

148.021 Functions, powers, duties of department.

(1) The Department of Parks shall exercise all administrative functions of the state relating to the operation of state parks, shrines, monuments, and museums except those allocated to the historical society.

(2) The department may request acquisition, subject to the provisions of KRS Chapters 42, 45, 45A, 56, and the provisions made in this chapter, of lands by purchase, lease, or otherwise, on which to operate state parks.

(3) The department may improve said parks by constructing and equipping improvements or facilities in said parks.

(4) The department may operate said parks, fix fees and charges for the use of said parks and the improvements and facilities constructed therein, and provide for the collection of said fees and charges and the proper accounting therefor, except that:

(a) The department shall not impose boat launching fees at any boat ramp over which it has authority and control;

(b) The department shall not allow, grant permission to, or permit any individual, sole proprietorship, partnership, corporation, limited liability company, or other form of business arrangement to which the department has granted a rental or leasehold interest or has engaged to manage or operate facilities that include a public boat launching ramp, to charge a boat launching fee at any boat ramp; and

(c) 1. The department shall not impose on graduates of the PGA HOPE program any green fees or associated golf rates except fees for golf cart rental.

To claim the fee and rate exemption provided by this paragraph, a PGA HOPE graduate shall present his or her valid PGA HOPE graduate card at the time of purchase, and the exemption shall extend to the PGA graduate and one (1) guest.
As used in this paragraph, "PGA HOPE program" means the Helping Our Patriots Everywhere program established by the Professional Golfers' Association of America's Reach Foundation, which introduces and teaches golf to veterans and active-duty military to enhance their physical, mental, social, and emotional well-being.

(5) The Department of Parks is authorized to enter into any agreement with the Breaks Interstate Park Commission for the operation of any facilities in the Breaks Interstate Park.

(6) The Department of Parks is authorized to accept, for deposit in a trust and agency fund account in accordance with KRS 45.253, on behalf of the state any grant or contribution, federal or otherwise, to assist in meeting the cost of carrying out the functions assigned to the Department of Parks.

(7) Notwithstanding any provision in KRS Chapter 41, 45, 45A, or 47 to the contrary, there may be established separate cash funds and depositories at each state park from which immediate payment of refunds may be made to a patron or guest of such state park of any unearned money advanced or paid by such guest or patron. The department may accept from a guest or patron an amount which includes the fee for the service rendered plus a gratuity for the waitress or other designated person and remit the gratuity directly from the depository or cash fund to the designated recipient thereof. Such funds or depositories shall be governed by regulations established by the Department of Parks and approved by the Finance and Administration Cabinet.

(8) The commissioner may promulgate administrative regulations in accordance with provisions of KRS Chapter 13A in order to carry out the provisions of this section.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 41, sec. 1, effective July 15, 2026. -- Amended 2006 Ky. Acts ch. 232, sec. 1, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 424, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 496, sec. 40, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 450, sec. 67, effective July 1, 1983. -- Amended 1978 Ky. Acts ch. 384, sec. 30, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1). -- Amended 1968 Ky. Acts ch. 126, sec. 1. -- Amended 1966 Ky. Acts ch. 173, sec. 1. -- Created 1964 Ky. Acts ch. 157, sec. 3.

Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 232, sec. 2, provides that "[a]ny person who has purchased and has in their possession evidence of the purchase of an annual ramp pass from the Department of Parks may apply for and shall receive a prorated refund for the cost of the unexpired portion of the annual ramp pass."

148.0211 Resident veteran who was a prisoner of war exempt from camping fees.

(1) Any veteran who has been a prisoner of war, was honorably discharged from the military forces, and is a resident of this state is exempt from camping fees in parks or campgrounds owned or operated by the Commonwealth of Kentucky.

(2) To claim the exemption provided for by subsection (1) of this section, a veteran shall forward:

(a) A copy of his separation form from military service; or

(b) A letter from one (1) of the military forces or the United States Department of Veterans Affairs; and

(c) Written proof of residence to the Department of Parks. The department shall mail a card to the veteran certifying that he is exempt from the fees specified in subsection (1) of this section.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 42, sec. 5, effective June 29, 2017. -- Created 1988 Ky. Acts ch. 95, sec. 1, effective July 15, 1988.

148.0212 Permanently and totally disabled resident veteran exempt from overnight accommodation rate at Kentucky state parks -- Maximum number of stays -- Peak periods -- Administrative regulations.

(1) A Kentucky resident shall be exempt from the relevant overnight accommodations rate at any Kentucky state park if he or she is:

(a) A permanently and totally disabled veteran with a one hundred percent (100%) service-connected disability, regardless of wartime service; or

(b) A permanently and totally disabled member of the Kentucky National Guard or Reserve Component injured while on state active duty, active duty training, or inactive duty training.

(2) To be entitled to the exemption under this section, a veteran must be a Kentucky resident and must be rated one hundred percent (100%) permanently and totally disabled, as the result of an injury suffered while on active duty, by the United States Department of Veterans Affairs or the Department of Defense. Members of the Kentucky National Guard or Reserve Component must be rated one hundred percent (100%) permanently and totally disabled as provided in KRS Chapter 342.

(3) The exemption shall be made available to qualified Kentucky residents as described in this section for a maximum of three (3) overnight stays per calendar year at any Kentucky state park. Each stay shall be limited to a maximum of three (3) days, subject to availability. During peak periods, as defined elsewhere in this section, stays are to be taken during the Sunday through Thursday five (5) day period only. Outside of peak periods, stays are available at any time.

(4) The Department of Parks shall promulgate any administrative regulations necessary to carry out this section, including but not limited to:

(a) Defining peak periods, which shall be no longer than the days between Memorial Day and Labor Day and the month of October;

(b) Establishing the ten (10) day window during which reservations by residents under this section may be made;

(d) Delineating the types of proof acceptable for establishing eligibility for persons entitled to the exemption provided for in this section, while working in conjunction with the Kentucky Department of Veterans' Affairs.

(5) The exemption described in this section shall not limit the benefits of a qualified Kentucky resident if he or she is also eligible for benefits under KRS 148.0211.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 42, sec. 6, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 3, sec. 1, effective July 15, 2010.

148.022 Outdoor recreation programs administered by Department for Local Government -- Breaks Interstate Park functions.

(1) The Department for Local Government shall administer and operate the outdoor recreation programs of the state and shall be responsible for developmental planning and the administration of United States Bureau of Outdoor Recreation funds.

(2) All functions of the Commonwealth relating to the Breaks Interstate Park shall be attached to the Tourism, Arts and Heritage Cabinet for administrative purposes.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 117, sec. 72, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 16, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 47, sec. 75, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 95, sec. 15, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 48, sec. 6, effective July 15, 1998; and ch. 69, sec. 60, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 424, sec. 2, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 396, sec. 14, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. VIII, C., sec. 1.

Kentucky Mountain Regional Recreation Authority Kentucky Mountain Regional Recreation Authority

148.0221 Definitions for KRS 148.0221 to 148.0225.

As used in KRS 148.0221 to 148.0225, unless the context requires otherwise:

(1) "Authority" or "KMRRA" means the Kentucky Mountain Regional Recreation Authority established in KRS 148.0222;

(2) "Board" means the board of directors of KMRRA;

(3) "County" means a county, charter county, urban-county government, unified local government, or consolidated local government;

(4) "Kentucky Mountain Recreational Area" or "KMRA" means lands on which there is a system of recreational trails, including streams, rivers, and other waterways, and appurtenant facilities, including trailhead centers, parking areas, camping facilities, picnic areas, recreational areas, historic or cultural interpretive sites, and other facilities in Kentucky and designated by the KMRRA as a part of the KMRA;

(5) "Land" means roads, water, watercourses, buildings, structures, and machinery or equipment thereon when attached to the realty;

(6) "Landowner" means a tenant, lessee, occupant, or person in control of the premises;

(7) "Participating county" means a county that has qualified under KRS 148.0222(5);

(8) "Participating landowner" means a landowner who owns land in a participating county and has a contractual agreement with the KMRRA for trail development as part of the KMRA;

(9) "Recreational purposes" means all-terrain vehicle riding, bicycling, canoeing, hiking, horseback riding, hunting, kayaking, motorcycle riding, rock climbing, fishing, swimming, archaeological activities, nature study, off-highway vehicle driving, pleasure driving, watersports, winter sports, visiting or viewing historical or scenic sites, and otherwise using land for purposes pertaining to recreation or trail activities; and

(10) "Target county" means Bell, Boyd, Breathitt, Carter, Clay, Clinton, Elliott, Estill, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Madison, Magoffin, Martin, McCreary, Menifee, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Wayne, Whitley, or Wolfe County.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 170, sec. 1, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 124, sec. 4, effective July 14, 2018. -- Created 2017 Ky. Acts ch. 164, sec. 3, effective June 29, 2017.

148.0222 Kentucky Mountain Regional Recreation Authority -- Creation -- Status -

Powers -- Purpose -- Governance -- Operation -- Membership -- Compliance with special purpose governmental entities laws -- Employees.

(1) The Kentucky Mountain Regional Recreation Authority is hereby created and established as an independent, de jure municipal corporation and political subdivision of the Commonwealth and shall exercise all of the powers that a corporation may lawfully exercise under the laws of the Commonwealth. The authority shall be a public body corporate and politic and an instrumentality of the Commonwealth, established with all the general corporate powers incidental thereto. The authority shall be attached to the Kentucky Department for Local Government for administrative purposes only. The authority shall be reauthorized for five (5) years from June 27, 2019, and may be renewed by the General Assembly. The authority may adopt by laws and administrative regulations, subject to KRS Chapter 13A, for the orderly conduct of its affairs.

(2) The purpose of the authority is to establish, maintain, and promote a recreational trail system throughout the KMRRA to increase economic development, tourism, and outdoor recreation for residents and visitors. The recreational trail system shall be located with significant portions of the system situated on private property made available for use through lease, license, easement, or other appropriate legal form by willing landowners.

(3) The authority shall be governed by a board of directors consisting of representatives from participating counties and the Commonwealth as provided in this section.

(4) The authority and board shall become operational when sixteen (16) target counties complete the requirements established by subsection (5)(a) of this section. When at least sixteen (16) target counties become participating counties, the commissioner of the Department for Local Government shall notify the county judge/executive of each of the participating counties, as well as the board members described in subsection (6) of this section, that the requirements have been met for the authority and board to become operational. The commissioner shall also establish a date, time, and place for an initial organizational meeting of the board, and shall serve as interim chair of the initial organizational meeting until such time as a chair is elected. The chair shall be a resident of a participating county.

(5) Any target county may become a participating county upon adoption of a resolution or ordinance by the governing body of the county specifically approving the county's participation in the KMRRA and submission of the adopted resolution or ordinance to:

(a) The commissioner of the Department for Local Government if the resolution or ordinance is adopted prior to the KMRRA becoming operational pursuant to subsection (4) of this section; or

(b) The KMRRA if the resolution or ordinance is adopted after KMRRA becomes operational.

(6) The KMRRA board shall consist of the following members:

(a) The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;

(b) The commissioner of the Department for Local Government or his or her designee;

(d) If an executive director of the authority has been employed under subsection

(10) of this section, he or she shall serve as a nonvoting member, except in the event of a tie vote of the board;

(e) One (1) representative selected for each of the nine (9) participating counties as provided in subsection (8) of this section, who shall be either:

The county judge/executive; or
The county judge/executive's designee, who shall be an individual involved with economic development, tourism, recreation, or a related area within the county;

(f) One (1) state Representative who is from the KMRRA region shall serve as a nonvoting member, appointed to a two (2) year term by the Speaker of the Kentucky House of Representatives, and shall not serve another term consecutively with a prior term; and

(g) One (1) state Senator who is from the KMRRA region shall serve as a nonvoting member, appointed to a two (2) year term by the President of the Kentucky Senate, and shall not serve another term consecutively with a prior term.

(7) The board membership of each county judge/executive or his or her designee shall:

(a) Begin with the county judge/executive's term of office; and

(b) End with the county judge/executive's term of office. If a county judge/executive ceases to serve as the county judge/executive prior to the end of his or her term, he or she shall be removed from the board, and his or her replacement as county judge/executive shall serve on the board for the remainder of the term.

(8) (a) The twelve (12) voting members of the board shall be:

The nine (9) county judges/executive, or their designees, from different KMRRA participating counties as described in subsection (6)(e) of this section;
The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;
The commissioner of the Department for Local Government or his or her designee; and
The commissioner of the Department of Fish and Wildlife Resources or his or her designee.

(b) The nine (9) initial county representatives shall be the county judges/executive of Breathitt, Martin, Perry, Knott, Leslie, Letcher, Pike, Magoffin, and Floyd Counties or their designees in that order. The first three (3) representatives listed shall serve a three (3) year term as voting members, the next three (3) representatives shall serve a two (2) year term as voting members, and the remaining three (3) representatives shall serve a one (1) year term as voting members.

(c) After each term ends, the voting county representative shall be replaced by one (1) of the county judges/executive or his or her designee from one (1) of the target counties whose representative has not yet served as a voting member.

(d) After the third year of operation, each new voting member shall serve a term of three (3) years, then step down and let a representative from the next county in line alphabetically whose representative has not served as a voting member take his or her place.

(e) Once representatives from all participating counties within KMRA have each served one (1) term, the rotation shall begin again.

(9) (a) The board shall meet at least once annually to elect officers, establish a regular meeting schedule, and perform other duties as may be prescribed in the authority's bylaws. The board chair may call special meetings at any time.

(b) Notice of each meeting shall be made both in writing and electronically and delivered to board members at least seven (7) days before the scheduled meeting date. Electronic mail alone is an acceptable form of notice of special meetings, so long as it is sent to directors at least seven (7) days before the scheduled meeting date.

(c) Accommodations shall be made for remote attendance of each board meeting, whether regular or special, through means such as video conferencing, conference call, or similar services.

(d) The presence of a majority of the total voting members of the KMRRA board, whether in person or remote, shall constitute a quorum. Vacant board positions shall be counted against the quorum total necessary for board action.

(e) Board meetings shall be held exclusively within KMRRA participating counties, and each meeting shall be held in a different participating county until every participating county has hosted a meeting, at which time the cycle shall begin again.

(10) The KMRRA board:

(a) Shall elect a chair, vice chair, secretary, treasurer, and any other officers as established in the bylaws of the board;

(b) May appoint temporary and standing committees to accomplish the purposes of KRS 148.0221 to 148.0225 and shall clearly describe the role, responsibilities, and tenure of each committee so created;

(c) Shall adopt bylaws for the management and regulation of its affairs and all other matters necessary to effect proper management and accountability of the board. The bylaws shall include, at a minimum, the following:

The powers and duties of the board's members and the manner and number of officers to be elected from among the board members; and
The terms, conditions, and manner in which a board member will be removed;

(d) Shall review and approve an annual budget;

(e) Shall ensure that all administrative costs for operating the authority are paid from funds accruing to the authority. The authority, its board, and its staff shall incur no liability or obligation beyond the extent to which revenues have been provided under KRS 148.0221 to 148.0225;

(f) May seek administrative and management assistance through written agreement with state agencies, local area development districts, or local governing bodies until such time as the board has secured sufficient funding through grants, loans, fee systems, or any other funding source to hire staff; and

(g) Shall employ an executive director to act as its chief executive officer to serve at its will and pleasure once it is financially possible to do so.

(11) The authority shall comply with the provisions of KRS Chapter 65A.

(12) The executive director:

(a) Shall be a person who is domiciled in a KMRRA participating county;

(b) May, with permission of the board and approval of the commissioner of the Department for Local Government or his or her designee, employ any other hourly personnel considered necessary and retain temporary services. Pay raises for any personnel shall require approval of the board and the commissioner of the Department for Local Government or his or her designee;

(c) Shall carry out plans to implement KRS 148.0221 to 148.0225 and to exercise those powers enumerated in the bylaws of the board;

(d) Shall, along with any staff with responsibilities so delegated by the executive director, ensure that all minutes, records, and orders of the authority and its board are complete and available for public inspection, if necessary;

(e) Shall prepare narrative and financial reports of the authority's fiscal obligations and submit these reports to the board at regularly scheduled meetings or as otherwise directed; and

(f) May cast a tiebreaking vote in board decisions, but shall not be permitted to cast a vote under any other circumstances. Until such time as an executive director is hired, the chairperson of the board shall make the final determination in the event of a tie vote of the board.

(13) The executive director, all full-time or part-time personnel, all seasonal employees, and all contractual employees, if any, shall be paid from funds accruing to the authority and authorized in a budget approved by the board, unless the Department for Local Government has temporarily taken on the responsibility of paying any of those employees.

(14) Board members shall serve without compensation, but may be reimbursed for actual and necessary travel expenses incurred in the performance of their duties, subject to Finance and Administration Cabinet administrative regulations. Board members may have their lodging reimbursed by KMRRA. Any reimbursement requests exceeding five hundred dollars ($500) per person shall be submitted to the Department for Local Government for approval.

Effective: July 14, 2022

History: Amended 2022 Ky. Acts ch. 123, sec. 1, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 170, sec. 2, effective June 27, 2019. -- Created 2017 Ky. Acts ch. 164, sec. 4, effective June 29, 2017.

148.0223 Duties of authority -- Prioritizing contractual obligations -- Authorized functions -- No waiver of sovereign immunity.

(1) The KMRRA shall:

(a) Supervise the design and construction of trail systems within the KMRA and provide all management functions for the trails and for any other property built, acquired, or leased pursuant to its powers under KRS 148.0221 to 148.0225;

(b) Construct, develop, manage, maintain, operate, improve, renovate, finance, or otherwise provide for recreational and trail-related activities and facilities on designated public lands and private lands of participating landowners who have voluntarily entered into use agreements with the board;

(c) Promote the growth and development of the trail system, tourism, and the hotel, restaurant, and entertainment industry within the KMRA and the Commonwealth, through marketing KMRA to enhance local economic and tourism development;

(d) Establish agreements with other persons, businesses, agencies, organizations, or any other entity to levy a surcharge on tickets for events, activities, festivals, or functions that are cosponsored with other entities and contribute to the authority's operating revenue; and

(e) Procure insurance against any losses in connection with its property, licenses, easements, or contracts, including hold-harmless agreements, operations, or assets in such amounts and from such insurers as the board considers desirable.

(2) The board's management program shall prioritize contractual arrangements with private landowners to use land for recreational purposes, which shall not diminish the participating landowner's interest, control, or profitability of the land. If necessary to implement a comprehensive trail system, the board may also contract with public landowners through contractual agreements that recognize the primary mission for which the public entity controls and manages the land.

(3) The board may carry out any of the following to accomplish the purposes of KRS 148.0221 to 148.0225:

(a) Acquire, own, and hold property, and all interests therein, by deed, purchase, gift, devise, bequest, or lease, or by transfer from the State Property and Buildings Commission, except that the authority shall not acquire property through the exercise of the power of eminent domain;

(b) Dispose of any property acquired in any manner provided by law;

(c) Lease property, whether as lessee or lessor, and acquire or grant through easement, license, or other appropriate legal form, the right to develop and use property and open it to the use of the public;

(d) Mortgage or otherwise grant security interests in its property;

(e) Maintain sinking funds and reserves as the board determines appropriate for the purposes of meeting future monetary obligations and needs of the authority; however, contributions to a sinking fund during a fiscal year shall not exceed ten percent (10%) of the total fees collected during the prior year;

(f) Sue and be sued, plead and be impleaded, and complain and defend in any court;

(g) Make contracts and execute instruments necessary for carrying on its business, including contracts with any Kentucky state agency, the federal government, or any person, individual, partnership, or corporation to effect any or all of the purposes of KRS 148.0221 to 148.0225, as follows:

Contracts shall go through a public bidding process;
Contracts for one thousand dollars ($1,000) or more shall be sent, with at least three (3) bids from separate entities, to the Department for Local Government for review and final approval;
Bids from entities within KMRRA participating counties are to be given preference over competing bidders from outside of KMRRA participating counties; and
If the Department for Local Government has not given a response in the form of an approval or rejection after five (5) business days from the date the department received the contract to be reviewed, it shall be considered approved;

(h) Accept grants and loans from and enter into contracts and other transactions with any federal agency, regional commission, or state agency for accomplishing the purposes of KRS 148.0221 to 148.0225;

(i) Borrow money and issue bonds, security interests, or notes;

(j) Provide for and secure the payment of the bonds, security interests, or notes;

(k) Provide for the rights of the holders of the bonds, security interests, or notes;

(l) Purchase, hold, and dispose of any of its bonds, security interests, or notes;

(m) Accept gifts or grants of property, security interests, money, labor, supplies, or services from any governmental unit or from any person, firm, or corporation;

(n) Establish a regional recreational trail system based upon contracts and agreements with participating landowners. The board may enter into contracts with landowners, and other persons holding an interest in the land being used for its recreational facilities, to hold those landowners harmless with respect to any claim in tort growing out of the use of the land for public recreation or growing out of the recreational activities operated or managed by the board from any claim, except a claim for damages proximately caused by the willful or malicious conduct of the landowner or any of his or her agents or employees;

(o) 1. Establish a fee-based system of permits, user registrations, or other trail or facility access mechanisms.

The fees may be imposed for access to and use of the trails, parking facilities, visitor centers, or other trail-related recreational purpose facilities or recreation activities that are part of the KMRA or as an admission to an event.
The fees shall be decided by the board.
The KMRRA shall retain and use the revenue from fees for any purposes consistent with KRS 148.0221 to 148.0225 and within the guidelines in subsection (4) of this section;

(p) Promulgate administrative regulations in accordance with KRS Chapter 13A to govern use and maintenance of the KMRA and any other matters for effective management of the KMRA;

(q) Cooperate and contract with the regional recreation authorities of Tennessee, Virginia, West Virginia, and other contiguous states to connect the trails in Kentucky with similar recreation facilities in those states; and

(r) Exercise all of the powers that a corporation may lawfully exercise under the laws of the Commonwealth.

(4) The fees collected by the KMRRA are to be used within the following guidelines:

(a) To pay the salary of the executive director and all staff of the KMRRA;

(b) To reimburse travel expenses of board members including lodging, subject to Finance and Administration Cabinet administrative regulations;

(d) To maintain a sinking fund with contributions to the fund during a fiscal year not to exceed ten percent (10%) of the total fees collected during the prior year and the total fund not to exceed a balance of one million dollars ($1,000,000) at the end of any fiscal year; and

(e) Any remaining moneys not already appropriated in accordance with KRS 148.0221 to 148.0225 at the end of the fiscal year are to be sent to the Department for Local Government to be placed into an account to be used exclusively for economic development grants in KMRRA participating counties. These grants shall give preference to projects in economically distressed counties, then to at-risk counties, and then to transitional counties, as defined by the Appalachian Regional Commission.

(5) Nothing in this section shall be construed as a waiver of sovereign immunity.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 170, sec. 3, effective June 27, 2019. -- Created 2017 Ky. Acts ch. 164, sec. 5, effective June 29, 2017.

148.0224 Revenue bonds and revenue refunding bonds.

(1) Revenue bonds and revenue refunding bonds of the authority issued under KRS 148.0221 to 148.0225 do not constitute a debt of the Commonwealth or of any political subdivision of the Commonwealth or a pledge of the faith and credit of the Commonwealth or of any political subdivision, but the bonds shall be payable solely from the funds provided for in KRS 148.0221 to 148.0225 from revenues resulting from the issuance of bonds.

(2) All bonds shall contain on the face of the bond a statement to the effect that neither the Commonwealth nor any political subdivision of the Commonwealth is obligated to pay the bond or the interest on the bond, except from revenues of the recreational project or projects for which they are issued, and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision of the Commonwealth is pledged to the payment of the principal or the interest on the bonds.

Effective:June 29, 2017

History: Created 2017 Ky. Acts ch. 164, sec. 6, effective June 29, 2017.

148.0225 No waiver of landowner protections of KRS 411.190.

A participating landowner who has a contractual agreement with the KMRRA for use of private land as part of the KMRA does not waive any protection granted to the landowner by KRS 411.190.

Effective:June 29, 2017

History: Created 2017 Ky. Acts ch. 164, sec. 7, effective June 29, 2017.

148.026 Employees -- Contract for services.

The commissioner of parks may employ or contract with such other persons, firms or corporations as he may deem necessary or desirable to accomplish the duties and functions assigned by law to the Department of Parks; may fix the compensation and the terms of employment or contract of those employed or contracted with; and may assign to them such duties and responsibilities as he may determine; provided, however, that any contract shall be approved by the Finance and Administration Cabinet before it shall become effective. Individuals employed by the commissioner of parks on a temporary basis for specific construction projects under KRS 56.491(5) or for maintenance projects shall be exempt from the requirements of KRS 18A.005 to 18A.200.

Effective: July 15, 1982

History: Amended 1982 Ky. Acts ch. 448, sec. 68, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 331, sec. 2, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 9(2). -- Created 1964 Ky. Acts ch. 157, sec. 7.

148.028 Determination of need for state park -- Request for acquisition.

The Department of Parks, may, through its commissioner, determine the need for lands or waters, or any interest or estate therein, located in Kentucky, having scenic beauty, material or recreational utility, historic interest, natural phenomena or other unusual features which should be acquired, preserved and maintained as a part of the state park system of Kentucky. If a determination is made that any such property or interest therein should be acquired for use in the state park system, the finding of such determination by the commissioner of parks shall be conveyed in writing to the Finance and Administration Cabinet. Such written notification shall apprise the Finance and Administration Cabinet of the interest sought to be acquired and shall serve as a request that the Finance and Administration Cabinet proceed, pursuant to the powers vested in the Finance and Administration Cabinet by KRS Chapters 42, 45 and 56, to acquire the property or interest therein sought for use of the Department of Parks.

History: Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1). -- Created 1968 Ky. Acts ch. 126, sec. 2.

148.029 Recreation areas designated wildlife sanctuaries -- Wildlife protected -- Permits for scientific collecting -- Duties of department.

(1) All areas controlled by the Department of Parks and designated as camping, hiking, or other family-oriented recreation areas are designated wildlife sanctuaries for the purpose of affording protection to the wildlife thereon as natural, integrated, interrelated, ecological communities.

(2) No unauthorized person shall enter a wildlife sanctuary and take, damage, injure, kill, destroy, or unduly disturb the wildlife therein except as provided in this section.

(3) The department may issue to any person a permit for the scientific collection of wildlife provided the applicant for such permit holds a current state scientific collecting permit issued by the Department of Fish and Wildlife Resources.

(4) This section does not apply to fish taken pursuant to KRS Chapter 150 and all rules and regulations promulgated by the Department of Parks and the Department of Fish and Wildlife Resources.

(5) The department may authorize the Department of Fish and Wildlife Resources to administer a wildlife management plan that may include the implementation of any management method provided in KRS Chapter 150 in the course of operating and administering the parks; and in so doing shall consider the ecological impact on the sanctuary as a whole.

Effective: July 14, 2000

History: Amended 2000 Ky. Acts ch. 87, sec. 1, effective July 14, 2000. -- Created 1972 Ky. Acts ch. 189, sec. 2(1) to (5).

148.030 Repealed, 1964.

[Repealed]

148.031 Manner of payment of cost of acquisition and construction -- Revenue bonds.

(1) The cost of acquiring parks and constructing improvements and facilities therein and equipping same may be defrayed by funds received from general expenditure fund appropriations, gifts, the use of money received as fees and charges for the use of said parks and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds.

(2) In the event revenue bonds are issued to defray all or any part of such costs, said revenue bonds shall be issued pursuant to the terms of KRS 58.010 to 58.140.

(3) The Department of Parks may unite into one (1) project for financing purposes all or as many parks, and the improvements therein, or to be constructed, enlarged or improved, as it deems practicable, so that the fees and charges and other revenue or receipts from every source whatsoever from the parks thus united shall be used for the payment of the principal and interest of all bonds which may be issued. Such united receipts shall continue until all bonds issued have been paid in full. The lien of the bonds for such united project shall be a lien upon the gross income and revenue of all parks thus united into a project.

(4) All parks in which improvements and facilities are constructed and equipped by the issuance of revenue bonds shall be maintained and operated by the Department of Parks until the bonds are paid, and the cost of operation and maintenance shall be paid out of appropriations and receipts received by the Department of Parks.

History: Created 1964 Ky. Acts ch. 157, sec. 11.

Kentucky Ohio River Regional Recreation Authority Kentucky Ohio River Regional Recreation Authority

148.033 Definitions for KRS 148.033 to 148.039.

As used in KRS 148.033 to 148.039, unless the context requires otherwise:

(1) "Authority" or "KORRRA" means the Kentucky Ohio River Regional Recreation Authority established in KRS 148.034;

(2) "Board" means the board of directors of KORRRA;

(3) "County" means a county, charter county, urban-county government, unified local government, or consolidated local government;

(4) "Land" means roads, water, watercourses, buildings, structures, and machinery or equipment thereon when attached to the realty;

(5) "Landowner" means a tenant, lessee, occupant, or person in control of the premises;

(6) "Participating county" means a county that has qualified under KRS 148.034(5);

(7) "Participating landowner" means a landowner who owns land in a participating county and has a contractual agreement with the KORRRA for trail development as part of the RA;

(8) "Recreational Area" or "RA" means lands on which there is a system of recreational trails, including streams, rivers, and other waterways, and appurtenant facilities, including trailhead centers, parking areas, camping facilities, picnic areas, historic or cultural interpretive sites, and other facilities in Kentucky and designated by the KORRRA as part of the RA;

(10) "Target county" means Ballard, Boone, Boyd, Bracken, Breckinridge, Campbell, Carroll, Crittenden, Daviess, Gallatin, Greenup, Hancock, Hardin, Henderson, Jefferson, Kenton, Lewis, Livingston, Mason, McCracken, Meade, Oldham, Pendleton, Trimble, or Union County.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 151, sec. 1, effective July 15, 2024.

Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.

148.034 Kentucky Ohio River Regional Recreation Authority -- Purpose, powers, and duties -- Sunset -- Membership -- Meetings -- Executive director.

(1) The Kentucky Ohio River Regional Recreation Authority is hereby created and established as an independent, de jure municipal corporation and political subdivision of the Commonwealth and shall exercise all of the powers that a corporation may lawfully exercise under the laws of the Commonwealth. The authority shall be a public body corporate and politic and an instrumentality of the Commonwealth, established with all the general corporate powers incidental thereto. The authority shall be attached to the Kentucky Department for Local Government for administrative purposes only. The authority shall be authorized for an initial period of five (5) years from July 15, 2024, and may be renewed by the General Assembly. The authority may adopt bylaws and administrative regulations, subject to KRS Chapter 13A, for the orderly conduct of its affairs.

(2) The purpose of the authority is to establish, maintain, and promote a recreational trail system throughout the RA to increase economic development, tourism, and outdoor recreation for residents and visitors. The recreational trail system shall be located with significant portions of the system situated on private property made available for use through lease, license, easement, or other appropriate legal form by willing landowners.

(3) The authority shall be governed by a board of directors consisting of representatives from participating counties and the Commonwealth as provided in this section.

(4) The authority and the board shall become operational when eleven (11) target counties complete the requirements established by subsection (5)(a) of this section. When at least eleven (11) target counties become participating counties, the commissioner of the Department for Local Government shall notify the county judge/executive or consolidated local government mayor of each of the participating counties, as well as the board members described in subsection (6) of this section, that the requirements have been met for the authority and board to become operational. The commissioner shall also establish a date, time, and place for an initial organizational meeting of the board, and shall serve as interim chair of the initial organizational meeting until such time as a chair is elected. The chair shall be a resident of a participating county.

(5) Any target county may become a participating county upon adoption of a resolution or ordinance by the governing body of the county specifically approving the county's participation in the KORRRA and submission of the adopted resolution or ordinance to:

(a) The commissioner of the Department for Local Government if the resolution or ordinance is adopted prior to the KORRRA becoming operational pursuant to subsection (4) of this section; or

(b) The KORRRA if the resolution or ordinance is adopted after KORRRA becomes operational.

(6) The KORRRA board shall consist of the following members:

(a) The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;

(b) The commissioner of the Department for Local Government or his or her designee;

(d) If an executive director of the authority has been employed under subsection

(10) of this section, he or she shall serve as a nonvoting member, except in the event of a tie vote of the board;

(e) One (1) representative selected for each of the six (6) participating counties as provided in subsection (8) of this section, who shall be either:

The county judge/executive or consolidated local government mayor; or
The county judge/executive's designee or consolidated local government mayor's designee, who shall be an individual involved with economic development, tourism, recreation, or a related area within the county;

(f) One (1) state Representative who is from the KORRRA region shall serve as a nonvoting member, appointed to a two (2) year term by the Speaker of the Kentucky House of Representatives, and shall not serve another term consecutively with a prior term; and

(g) One (1) state Senator who is from the KORRRA region shall serve as a nonvoting member, appointed to two (2) year term by the President of the Kentucky Senate.

(7) A county judge/executive or consolidated local government mayor shall only serve on the board while holding the office for which he or she was elected. If a county judge/executive or consolidated local government mayor ceases to serve as the county judge/executive or consolidated local government mayor prior to the end of his or her term, he or she shall be removed from the board, and his or her replacement as county judge/executive or consolidated local government mayor shall serve on the board for the remainder of the term.

(8) (a) The nine (9) voting members of the board shall be:

The six (6) county judges/executive, consolidated local government mayor, or their designees, from different KORRRA participating counties as described in subsection (6)(e) of this section;
The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;
The commissioner of the Department for Local Government or his or her designee; and
The commissioner of the Department of Fish and Wildlife Resources or his or her designee.

(b) The six (6) initial county representatives shall be the county judges/executive or consolidated local government mayor of Boone, Campbell, Daviess, Jefferson, Kenton, and Mason Counties or their designees in that order. The first three (3) representatives listed shall serve a three (3) year term as voting members, the next three (3) representatives shall serve a two (2) year term as voting members, and the remaining three (3) representatives shall serve a one

(1) year term as voting members.

(c) After each term ends, the voting county representative shall be replaced by one (1) of the county judges/executive, consolidated local government mayor, or his or her designee from one (1) of the target counties whose representative has not yet served as a voting member.

(d) After the third year of operation, each new voting member shall serve a term of three (3) years, then step down and let a representative from a county whose representative has not served as a voting member take his or her place.

(e) Once representatives from all participating counties within RA have each served one (1) term, the rotation shall begin again.

(9) (a) The board shall meet at least once every quarter to elect officers, establish a regular meeting schedule, and perform other duties as may be prescribed in the authority's bylaws. The board chair may call special meetings at any time.

(b) Notice of each meeting shall be made in writing and delivered to board members at least seven (7) days before the scheduled meeting date. Electronic mail is an acceptable form of notice of special meetings, so long as it is sent to directors at least seven (7) days before the scheduled meeting date.

(c) Accommodations shall be made for remote attendance for each board meeting, whether regular or special, through means such as video conferencing, conference call, or similar services.

(d) The presence of a majority of the total voting members of the KORRRA board shall constitute a quorum. Vacant board positions shall be counted against the quorum total necessary for board action.

(e) Board meetings shall be held exclusively within the KORRRA participating counties, and each meeting shall be held in a different participating county until every participating county has hosted a meeting, at which time the cycle shall begin again.

(10) The KORRRA board:

(a) Shall elect a chair, vice chair, secretary, treasurer, and any other officers as established in the bylaws of the board;

(b) May appoint temporary and standing committees to accomplish the purposes of KRS 148.033 to 148.039 and shall clearly describe the role, responsibilities, and tenure of each committee so created;

The powers and duties of the board's members and the manner and number of officers to be elected from among the board members; and
The terms, conditions, and manner in which a board member will be removed.

(d) Shall review and approve an annual budget;

(g) Shall employ an executive director to act as its chief executive officer to serve at its will and pleasure.

(11) The authority shall comply with the provisions of KRS Chapter 65A.

(12) The executive director:

(a) Shall be a person who is domiciled in a KORRRA participating county;

(c) Shall carry out plans to implement KRS 148.033 to 148.039 and to exercise those powers enumerated in the bylaws of the board;

(e) Shall prepare narrative and financial reports of the authority's fiscal obligations and submit these reports to the board at regularly scheduled meetings or as otherwise directed; and

(14) Board members shall serve without compensation, but may be reimbursed for actual and necessary travel expenses incurred in the performance of their duties, subject to Finance and Administration Cabinet administrative regulations. Board members may have their lodging reimbursed by KORRRA. Any reimbursement requests exceeding five hundred dollars ($500) per person shall be submitted to the Department for Local Government for approval.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 151, sec. 2, effective July 15, 2024.

148.036 Authority duties relating to development of recreational and trail-related activities -- Powers and duties of the board of directors -- Fees -- Administrative regulations -- Sinking fund -- Grants.

(1) The KORRRA shall:

(a) Supervise the design and construction of trail systems within the RA and provide all management functions for the trails and for any other property built, acquired, or leased pursuant to its powers under KRS 148.033 to 148.039;

(c) Promote the growth and development of the trail system, tourism, and the hotel, restaurant, and entertainment industry within the RA and the Commonwealth, through marketing RA to enhance local economic and tourism development;

(3) The board may carry out any of the following to accomplish the purposes of KRS 148.033 to 148.039:

(b) Dispose of any property acquired in any manner provided by law;

(d) Mortgage or otherwise grant security interests in its property;

(f) Sue and be sued, plead and be impleaded, and complain and defend in any court;

Contracts shall go through a public bidding process;
Contracts for one thousand dollars ($1,000) or more shall be sent, with at least three (3) bids from separate entities, to the Department for Local Government for review and final approval;
Bids from entities with KORRRA participating counties are to be given preference over competing bidders from outside of KORRRA participating counties; and
If the Department for Local Government has not given a response in the form of an approval or rejection after five (5) business days from the date the department received the contract to be reviewed, it shall be considered approved;

(i) Borrow money and issue bonds, security interests, or notes;

(j) Provide for and secure the payment of the bonds, security interests, or notes;

(k) Provide for the rights of the holders of the bonds, security interests, or notes;

(l) Purchase, hold, and dispose of any of its bonds, security interests, or notes;

(m) Accept gifts or grants of property, security interests, money, labor, supplies, or services from any governmental unit or from any person, firm, or corporation;

(o) 1. Establish a fee-based system of permits, user registrations, or other trail or facility access mechanisms.

The fees may be imposed for access to and use of the trails, parking facilities, visitor centers, or other trail-related recreational purpose facilities or recreation activities that are part of the RA or as an admission to an event.
The fees shall be decided by the board.
The KORRRA shall retain and use the revenue from fees for any purposes consistent with KRS 148.033 to 148.039 and within the guidelines in subsection (4) of this section;

(p) Promulgate administrative regulations in accordance with KRS Chapter 13A to govern use and maintenance of the RA and any other matters for effective management of the RA;

(q) Cooperate and contract with the regional recreation authorities of Illinois, Indiana, Ohio, West Virginia, and other contiguous states to connect the trails in Kentucky with similar recreation facilities in those states; and

(r) Exercise all of the powers that a corporation may lawfully exercise under the laws of the Commonwealth.

(4) The fees collected by the KORRRA are to be used within the following guidelines;

(a) To pay the salary of the executive director and all staff of the KORRRA;

(b) To reimburse travel expenses of board members including lodging, subject to Finance and Administration Cabinet administrative regulations;

(e) Any remaining moneys not already appropriated in accordance with KRS 148.033 to 148.039 at the end of the fiscal year are to be sent to the Department for Local Government to be placed into an account to be used exclusively for economic development grants in KORRRA participating counties. These grants shall give preference to projects in economically distressed counties, then to at-risk counties, then to transitional counties, as defined by Kentucky Council of Area Development Districts.

(5) Nothing in this section shall be construed as a waiver of sovereign immunity.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 151, sec. 3, effective July 15, 2024.

148.038 Revenue bonds.

(1) Revenue bonds and revenue refunding bonds of the authority issued under KRS 148.033 to 148.039 do not constitute a debt of the Commonwealth or of any political subdivision of the Commonwealth or a pledge of the faith and credit of the Commonwealth or of any political subdivision, but the bonds shall be payable solely from the funds provided for in KRS 148.033 to 148.039 from revenues resulting from the issuance of bonds.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 151, sec. 4, effective July 15, 2024.

148.039 Protections for participating landowners.

A participating landowner who has a contractual agreement with the KORRRA for use of private land as part of the RA does not waive any protection granted to the landowner by KRS 411.190.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 151, sec. 5, effective July 15, 2024.

Miscellaneous Provisions Miscellaneous Provisions

148.040 Repealed, 1964.

[Repealed]

148.041 Regulations -- Accounting system.

The department shall adopt regulations necessary for the operation, maintenance and use of state parks. These regulations shall include the setting up of an accounting system to properly show the receipts and expenditures of the parks operated by the department, and shall provide for the setting aside and pledging of sufficient revenue to secure the payment of all bonds and the interest thereon which may be issued.

History: Created 1964 Ky. Acts ch. 157, sec. 4.

148.050 Repealed, 1964.

[Repealed]

148.051 Regulations to be posted.

(1) All regulations adopted by the department for the purpose of protecting and maintaining the property under the control of the department and devoted to public park purposes, shall be printed and posted at the main entrance to the parks and at three (3) or more public places within the park.

(2) All persons using, occupying or going upon any property held by or controlled by the Department of Parks shall comply with all the regulations made by the department.

History: Created 1964 Ky. Acts ch. 157, sec. 5.

148.055 Repealed, 1964.

[Repealed]

148.056 Commissioner of parks may commission park rangers -- Powers as peace officers.

(1) The commissioner of parks, in his discretion, may employ and commission park rangers as the commissioner deems necessary to secure the parks and property of the Department of Parks and to maintain law and order and such employees, when so commissioned, shall have all of the powers of peace officers and shall have on all parks property and on public highways transversing such property in all parts of the state the same powers with respect to criminal matters and enforcement of the laws relating thereto as sheriffs, constables granted peace officer powers, and police officers in their respective jurisdictions, and shall possess all the immunities and matters of defense now available or hereafter made available to sheriffs and police officers in any suit brought against them in consequence of acts done in the course of their employment.

(2) The designation of any such employee as a peace officer shall be governed by the provisions of KRS 61.300 except that he shall not be required to have resided in the county wherein he is to serve for a period of at least two (2) years, and he shall be required to file his photograph and affidavit only with the Franklin county clerk.

(3) Any employee so commissioned shall be required to execute bond, subject to the provisions of KRS 62.170, for the faithful and lawful performance of his duties.

Effective: January 1, 2023

History: Amended 2022 Ky. Acts ch. 90, sec. 17, effective January 1, 2023. -- Amended 1982 Ky. Acts ch. 343, sec. 21, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 111, effective July 15, 1980; and ch. 295, sec. 23, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 217, sec. 1. -- Created 1964 Ky. Acts ch. 157, sec. 6.

148.060 Repealed, 1964.

[Repealed]

148.061 Repealed, 1968.

[Repealed]

148.066 Acceptance of park property -- Title -- Use.

(1) The Department of Parks shall accept for the state any real estate or personal property conveyed or dedicated for public park purposes to the state or to the department or to its predecessor, but the department is not compelled to accept any such property if it deems it unwise to do so.

(2) The title to all property that has been, or shall be, acquired by the Commonwealth or its agency for public park purposes shall be vested in the Commonwealth. Such property shall be managed, maintained, and improved by the Department of Parks for public park purposes.

History: Created 1964 Ky. Acts ch. 157, sec. 8.

148.070 Repealed, 1964.

[Repealed]

148.071 Repealed, 1968.

[Repealed]

148.080 Repealed, 1964.

[Repealed]

148.085 Repealed, 1964.

[Repealed]

148.090 Repealed, 1960.

[Repealed]

148.100 Repealed, 1960.

[Repealed]

148.110 Repealed, 1964.

[Repealed]

148.111 State Property and Buildings Commission to promote national parks -- Agreements -- Powers.

The State Property and Buildings Commission is hereby authorized and directed to further the establishment of national parks in such areas in Kentucky as the Congress of the United States designates. To accomplish that purpose, the commission may enter into agreements with the United States relating to the survey, location, and conveyance of property acquired by the commission for that purpose. It may fully cooperate with the United States and do all necessary acts to provide for the establishment of national parks under such terms as are provided by any relative Act of Congress. To accomplish this end the commission shall acquire land, caves, cave rights, leasehold interests, money and other property for public park purposes and to convey them to the United States for the establishment of national parks. The commission may do such other acts necessary to promote and accomplish its purpose. The acts of the commission shall be the acts of the state.

History: Created 1964 Ky. Acts ch. 157, sec. 13.

148.120 Repealed, 1964.

[Repealed]

148.121 Condemnation of land designated by United States for parks -- Procedure.

(1) The commission may condemn any land or any interest in land within areas designated by the United States for park sites. Condemnation proceedings shall be exercised in accordance with the Eminent Domain Act of Kentucky. No condemnation proceedings shall impose on the state any liability for which provision has not previously been made. The commission shall also pay the expenses of condemnation proceedings, judgments and awards in condemnation proceedings, and other expenses necessary to acquire property.

(2) The action shall be brought in the Circuit Court where the property lies by the Attorney General, and the county attorney of that county at the direction of the Attorney General shall assist in the prosecution of said action.

(3) It shall not be mandatory for the commission to take the property at the price fixed by the jury or court judgment. However, in case the commission does not take the property, and perform all requirements of the judgment rendered by the court, then and in that event said commission shall pay the property owner all expenses as he may have incurred incident to the law suit, including attorney's fees, and the property owner may have judgment in the original action upon filing proper proof thereof with the court.

Effective: January 2, 1978

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 160, effective January 2, 1978. -- Created 1964 Ky. Acts ch. 157, sec. 14.

148.130 Repealed, 1964.

[Repealed]

148.131 Commission may accept property for national park purposes.

The commission may receive by gift or purchase and hold any property or money for the purpose of establishing national parks, and may use such gifts in the purchase of real estate interests therein needed for proposed national parks. It may also dispose of any property so accepted by it, and use the proceeds or consideration received, in the acquisition of other real estate for national park purposes. The commission may also take over assets assigned to it by any private corporation formed and conducted for the purpose of acquiring and establishing national parks. The commission may collect any delinquent contributions or subscriptions or other obligations turned over to it, whether they have been made directly to the commission or acquired by assignment to it.

History: Created 1964 Ky. Acts ch. 157, sec. 15.

148.140 Repealed, 1964.

[Repealed]

148.141 Conveyances to the United States, conditions.

Conveyances to the United States shall be made on the condition that the government of the United States administer, protect and develop the property for national park purposes, in accordance with federal laws regulating national parks.

History: Created 1964 Ky. Acts ch. 157, sec. 16.

148.150 Repealed, 1964.

[Repealed]

148.151 Regulations for handling national park property.

The commission may adopt and enforce lawful regulations for the proper administration and disposition of any property to which it may acquire title or over which it may gain control previous to the conveyance thereof to the United States.

History: Created 1964 Ky. Acts ch. 157, sec. 17.

148.160 Repealed, 1964.

[Repealed]

148.161 Civil War cemeteries, maintenance, acquisition by department -- Expenditures limited.

(1) Upon the request of the public body or private entity owning or controlling a Civil War cemetery, the Department of Parks may, as to a cemetery other than those mentioned in subsection (2) of this section, maintain a cemetery in an appropriate manner and may take title in the name of the Commonwealth to such cemetery by a deed of conveyance, subject to the appropriate sections of KRS Chapters 45 and 56. As used herein, the term, "Civil War cemetery" means a cemetery, or separate part of a cemetery, in which twenty-five (25) or more soldiers who fought in the war between the states are interred.

(2) The Department of Parks shall maintain or take title to any of the following cemeteries upon formal request of the owning or controlling entity: Pewee Valley Confederate Cemetery, Oldham County. Goodnight Farm Confederate Cemetery, Boyle County. Zollicoffer Park Confederate Cemetery, Pulaski County. Camp Beauregard Cemetery, Graves County.

(3) Expenditures by the Department of Parks for the purposes of this section shall not exceed twelve hundred dollars ($1,200) annually.

History: Created 1968 Ky. Acts ch. 18, secs. 1, 2, and 3.

148.163 Repealed, 1980.

[Repealed]

148.170 Repealed, 1964.

[Repealed]

148.171 Repealed, 1982.

[Repealed]

148.180 Repealed, 1964.

[Repealed]

148.190 Repealed, 1964.

[Repealed]

148.200 Repealed, 1960.

[Repealed]

148.210 Repealed, 1956.

[Repealed]

148.220 Compact with Virginia for Breaks Interstate Park.

The Governor is hereby authorized and directed to execute, on behalf of the Commonwealth of Kentucky, the following compact with the Commonwealth of Virginia which is hereby approved, ratified and enacted into law: BREAKS INTERSTATE PARK COMPACT Pursuant to authority granted by an Act of the 83rd Congress of the United States, being Public Law 275, approved August 14, 1953, the Commonwealth of Kentucky and the Commonwealth of Virginia do hereby covenant and agree as follows: ARTICLE I. The Commonwealth of Kentucky and the Commonwealth of Virginia agree to create, develop and operate an interstate park to be known as The Breaks Interstate Park, which shall be located along the Russell Fork of the Levisa Fork of the Big Sandy River and on adjacent areas in Pike County, Kentucky, and Dickenson and Buchanan counties, Virginia. Said park shall be of such area and of such character as may be determined by the commission created by this compact. ARTICLE II. There is hereby created The Breaks Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the appropriate authorities of Kentucky and Virginia. The commission shall consist of the Director of the Virginia Department of Conservation and Recreation or his designee and the Commissioner of the Kentucky Department of Parks or his designee as voting, ex officio members and three commissioners from each of the two states, each of whom shall be a citizen of the state he shall represent. Members of the commission shall be appointed by the Governor. Vacancies shall be filled by the Governor for the unexpired term. The term of the commissioners appointed by the Governor shall be for four years. Each commissioner shall hold office until his successor is appointed and qualified. An officer or employee of the state, a political subdivision or the United States government may be appointed a commissioner under this compact. ARTICLE III. The commission created herein shall be a joint corporate instrumentality of both the Commonwealth of Kentucky and the Commonwealth of Virginia for the purpose of effecting the objects of this compact, and shall be deemed to be performing governmental functions of the two states in the performance of its duties hereunder. The commission shall have power to sue and be sued, to contract and be contracted with, to use a common seal and to make and adopt suitable bylaws, rules and regulations. The commission shall have the authority to acquire by gift, purchase or otherwise real estate and other property, and to dispose of such real estate and other property. Each Commonwealth agrees that it will authorize the commission to exercise the right of eminent domain to acquire property located within each Commonwealth required by the commission to effectuate the purposes of this compact. ARTICLE IV. The commission shall select from among its members a chairman and a vice chairman, and may select from among its members a secretary and treasurer or may designate other persons to fill these positions. It may appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants and employees as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of business. The commissioners shall serve without compensation, but shall be paid their expenses incurred in and incident to the performance of their duties. They shall take the oath of office required of officers of their respective states. ARTICLE V. Each Commonwealth agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or incidental to the carrying out of the compact in every particular. The commission shall be entitled to the services of any state officer or agency in the same manner as any other department or agency of this state. The commission shall keep accurate records, showing in full its receipts and disbursements, and said records shall be open at any reasonable time to the inspection of such representatives of the two Commonwealths as may be duly constituted for that purpose. The commission shall submit annually and at other times as required such reports as may be required by the laws of each Commonwealth or by the Governor thereof. ARTICLE VI. The cost of acquiring land and other property required in the development and operation of The Breaks Interstate Park and constructing, maintaining and operating improvements and facilities therein and equipping same may be defrayed by funds received from appropriations, gifts, the use of money received as fees or charges for the use of said park and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds. The commission may charge for admission to said park, or make other charges deemed appropriate by it and shall have the use of funds so received for park purposes. The commission is authorized to issue revenue bonds, which shall not be obligations of either state, pursuant to procedures which shall be in substantial compliance with the provisions of laws of either or both states governing the issuance of revenue bonds by governmental agencies. ARTICLE VII. All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission and used for the development, maintenance and operation of the Park or for other Park purposes. The commission shall not pledge the credit of either Commonwealth except by and with the authority of the General Assembly thereof. ARTICLE VIII. This compact may be amended from time to time by the concurrent action of the two Commonwealth parties hereto.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 22, sec. 1, effective July 15, 1994. -- Amended 1964 Ky. Acts ch. 98, sec. 1. -- Created 1954 Ky. Acts ch. 82, sec. 1.

Legislative Research Commission Note (8/16/95). The Commonwealth of Virginia approved changes in the Breaks Interstate Park Compact that were substantially the same as those adopted in 1994 Ky. Acts ch. 22. See Virginia Acts of Assembly, 1994 Session, Chapter 622 (approved April 10, 1994, effective upon approval of same amendments by the Commonwealth of Kentucky). Thus, pursuant to 1994 Ky. Acts ch. 22, sec. 3, the 1994 amendment of this statute became effective July 15, 1994, the normal effective date for legislation enacted during the 1994 Regular Session of the Kentucky General Assembly.

148.225 Lieutenant Governor to be member of board.

One (1) of the four (4) members of the Breaks Interstate Park Commission appointed by the Governor pursuant to Article II of the compact set forth in KRS 148.220 shall be the Lieutenant Governor.

Effective: July 15, 1994.

History: Amended 1994 Ky. Acts ch. 22, sec. 2, effective July 15, 1994. -- Created 1980 Ky. Acts ch. 141, sec. 10, effective July 15, 1980.

148.230 State agencies to cooperate with Breaks Interstate Park Commission -- Powers of State Property and Buildings Commission.

(1) All governmental agencies of the Commonwealth of Kentucky are authorized to cooperate with the Breaks Interstate Park Commission created by the compact approved by KRS 148.220, it being the policy of this Commonwealth to perform and carry out the compact and to accomplish the purposes thereof.

(2) The Finance and Administration Cabinet is authorized to allot funds appropriated by the General Assembly and the State Property and Buildings Commission is authorized to make appropriations to the Breaks Interstate Park Commission for the same purposes it is authorized to make expenditures for other state agencies. Either the State Property and Buildings Commission or the Breaks Interstate Park Commission may exercise the right of eminent domain on behalf of the Commonwealth of Kentucky in acquiring land or other property required in the establishment or enlargement of the Breaks Interstate Park.

History: Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1). -- Amended 1968 Ky. Acts ch. 152, sec. 111. -- Amended 1964 Ky. Acts ch. 98, sec. 2; and ch. 157, sec. 18. -- Created 1954 Ky. Acts ch. 82, sec. 2.

148.231 Repealed, 1968.

[Repealed]

148.235 Breaks Interstate Park Commission may condemn land -- Conveyances by state to commission.

The Breaks Interstate Park Commission may acquire by condemnation in the manner provided in the Eminent Domain Act of Kentucky such lands lying within this state as may be necessary to be acquired for purposes of the Breaks Interstate Park. Deeds to land in this state comprising the Breaks Interstate Park shall be in the name of the Breaks Interstate Park Commission, KRS 56.030 notwithstanding. Subject to the approval of the Governor, the State Property and Buildings Commission is hereby empowered to convey by deed to the Breaks Interstate Park Commission all right, title and interest of the Commonwealth in and to all real property now held in behalf of this Commonwealth and comprising the Breaks Interstate Park.

History: Amended 1976 Ky. Acts ch. 140, sec. 64. -- Created 1964 Ky. Acts ch. 99, sec. 1.

148.240 Repealed, 1964.

[Repealed]

148.241 Compact for Falls of the Ohio Interstate Park.

The Falls of the Ohio Interstate Park Compact is hereby enacted into law and entered into by this state with the state of Indiana, in the form substantially as follows: FALLS OF THE OHIO INTERSTATE PARK COMPACT ARTICLE I. The State of Indiana and the Commonwealth of Kentucky agree to create, develop and operate an interstate park to be known as Falls of the Ohio Interstate Park, which shall be located along the Ohio River at the Falls of the Ohio and on adjacent areas in Clark and Floyd Counties, Indiana, and Jefferson County, Kentucky. Said park shall be of such area and of such character as may be determined by the commission created by this compact. ARTICLE II. There is hereby created The Falls of the Ohio Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the appropriate authorities of Indiana and Kentucky. The commission shall consist of three commissioners from each of the two states, each of whom shall be a citizen of the state he shall represent. Members of the commission shall be appointed by the Governor. Vacancies shall be filled by the Governor for the unexpired term. The term of one of the first commissioners appointed shall be for two years, the term of another for three years, and the term of the third for four years. Their successors shall be appointed for terms of four years each. Each commissioner shall hold office until his successor is appointed and qualified. An officer or employee of the state, a political subdivision or the United States government may be appointed a commissioner under this compact. ARTICLE III. The commission created herein shall be a joint corporate instrumentality of both the State of Indiana and the Commonwealth of Kentucky for the purpose of effecting the objects of this compact, and shall be deemed to be performing governmental functions of the two states in the performance of its duties hereunder. The commission shall have power to sue and be sued, to contract and be contracted with, to use a common seal and to make and adopt suitable bylaws, rules and regulations. The commission shall have the authority to acquire by gift, purchase or otherwise real estate and other property, and to dispose of such real estate and other property. Each state agrees that it will exercise the right of eminent domain to acquire property located within each state required by the commission to effectuate the purposes of this compact. ARTICLE IV. The commission shall select from among its members a chairman and a vice chairman, and may select from among its members a secretary and treasurer or may designate other persons to fill these positions. It may appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants and employees as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of business. The commissioners shall serve without compensation, but shall be paid their expenses incurred in and incident to the performance of their duties. They shall take the oath of office required of officers of their respective states. ARTICLE V. Each state agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or incidental to the carrying out of the compact in every particular. The commission shall be entitled to the services of any state officer or agency in the same manner as any other department or agency of this state. The commission shall keep accurate records, showing in full its receipts and disbursements, and said records shall be open at any reasonable time to the inspection of such representative of the two states as may be duly constituted for that purpose. The commission shall submit annually and at other times as required such reports as may be required by the laws of each state or by the Governor thereof. ARTICLE VI. The cost of acquiring land and other property required in the development and operation of the Falls of the Ohio Interstate Park and constructing, maintaining and operating improvements and facilities therein and equipping same may be defrayed by funds received from appropriations, gifts, the use of money received as fees or charges for the use of said park and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds. The commission may charge for admission to said park, or make other charges deemed appropriate by it and shall have the use of funds so received for park purposes. The commission is authorized to issue revenue bonds, which shall not be obligations of either state, pursuant to procedures which shall be in substantial compliance with the provisions of laws of either or both states governing the issuance of revenue bonds by governmental agencies. ARTICLE VII. All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission and used for the development, maintenance and operation of the park or for other park purposes. The commission shall not pledge the credit of either state except by and with the authority of the General Assembly thereof. ARTICLE VIII. This compact may be amended from time to time by the concurrent action of the two states parties hereto. The compact approved herein shall become effective upon ratification and approval of the compact by the General Assembly of the State of Indiana and upon approval of this compact by the Congress of the United States.

History: Created 1968 Ky. Acts ch. 8, sec. 1.

148.242 Lieutenant Governor to be member of board.

One (1) of the three (3) members of the Falls of the Ohio Interstate Park Commission appointed by the Governor pursuant to Article II of the compact set forth in KRS 148.241 shall be the Lieutenant Governor.

Effective: July 15, 1980

History: Created 1980 Ky. Acts ch. 141, sec. 10, effective July 15, 1980.

148.250 Thoroughbred State Park.

There may be a state park at a site to be selected by the commissioner of parks in Fayette County, Kentucky, which park shall be known as Thoroughbred State Park. It shall be developed for recreational and educational purposes, in commemoration of the influence of the Thoroughbred horse industry on the history and traditions of the Commonwealth. It shall include restaurant facilities for visitors and a museum of the Thoroughbred industry.

History: Created 1970 Ky. Acts ch. 179, sec. 1.

Legislative Research Commission Note. Acts 1970, ch. 179, §§ 2, 3 provide for a site selection committee which shall report its recommendations to the commissioner of parks by July 1, 1971, and for the acquisition of property necessary to construct and equip the facility.

148.255 Legislative approval required for disposal of certain park property.

No interest in real property that is located in a county containing a consolidated local government and that is owned by the Commonwealth and managed by the Kentucky Department of Parks and having a value greater than four hundred thousand dollars ($400,000) shall be sold, traded, or otherwise disposed of without prior authorization by the General Assembly.

Effective: June 20, 2005

History: Created 2005 Ky. Acts ch. 145, sec. 1, effective June 20, 2005.

Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

148.257 Interim state employees designated as craftspersons -- Permission to sell.

(1) Notwithstanding KRS 11A.020, 11A.040, and 45A.340, or any other law to the contrary, the commissioner may designate as a craftsperson any interim state employee whose duties consist primarily of craft-making demonstrations and who has been juried by a craft jury.

(2) Persons designated as craftspersons under subsection (1) of this section may sell craft products to gift shops operated by the Department of Parks, provided that the products are made from materials that have not been purchased with state funds.

Effective: July 12, 2006

History: Created 2006 Ky. Acts ch. 68, sec. 3, effective July 12, 2006.

Kentucky Horse Park Commission Kentucky Horse Park Commission

148.258 Definitions for KRS 148.258 to 148.320.

As used in KRS 148.258 to 148.320:

(1) "Commission" means the "Kentucky Horse Park Commission" unless the context clearly indicates otherwise;

(2) "Emergency" means an incident or situation which impedes the operations of the Kentucky Horse Park, or poses a major threat to the public safety of any guest, employee, or equine population of the Kentucky Horse Park; and

(3) "Solely for administrative purposes" means for those limited functions and purposes expressly requested by the commission to be performed by the Tourism, Arts and Heritage Cabinet. The commission shall have sole discretion as to which functions shall be deemed necessary for the efficient operation of the Kentucky Horse Park.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 125, sec. 1, effective June 29, 2023. -- Created 1986 Ky. Acts ch. 96, sec. 1, effective July 15, 1986.

148.260 Kentucky Horse Park Commission -- Members -- Terms -- Meetings -- Reimbursement for expenses -- Bylaws -- Advisory committee.

(1) There is hereby created and established an agency of state government to be known as the Kentucky Horse Park Commission, which shall constitute a separate administrative body of state government within the meaning of KRS 12.010(8) and under the provisions of KRS 12.015 shall be attached to the Tourism, Arts and Heritage Cabinet solely for administrative purposes.

(2) The commission shall be composed of the following eighteen (18) members:

(a) The secretary of the Tourism, Arts and Heritage Cabinet or designee;

(b) The secretary of the Finance and Administration Cabinet or designee;

(d) The mayor of Lexington or designee;

(e) The Scott County judge/executive or designee;

(f) The dean of the University of Kentucky College of Agriculture, Food and Environment or designee; and

(g) Twelve (12) members appointed by the Governor who possess the ability to provide broad management expertise and direction in the operation of the Kentucky Horse Park and, to the extent possible, represent the diverse interests of the Kentucky horse industry, four (4) or more of whom represent the equine industry and four (4) or more of whom are active in industry, tourism, or commerce. The members of the commission appointed under this paragraph shall serve no more than three (3) consecutive four (4) year terms.

(3) Members serving under subsection (2)(a) to (f) of this section shall serve as ex officio members with full voting rights, except as provided in subsection (4) of this section.

(4) The Governor shall designate one (1) member of the commission to serve as chairperson and one (1) member of the commission to serve as vice chairperson, both of whom shall serve at the pleasure of the Governor. The chairperson shall generally serve as a nonvoting member, but shall vote when there is a tie among the other members. The vice chairperson shall preside over meetings in the absence of the chairperson, and shall retain the right to vote unless serving in the capacity of chairperson.

(5) If a vacancy occurs on the commission, the unexpired term shall be filled pursuant to the requirements and procedures for the original appointment.

(6) The commission shall meet quarterly, and the chairperson shall preside over the meetings. The chairperson may call special meetings of the commission upon a request of the majority of the members of the commission, or upon request of the Governor.

(7) Members shall be reimbursed only for expenses incurred in the discharge of official business, subject to regulations established by the Finance and Administration Cabinet. All expenses reimbursed to members shall be paid from operating funds of the Kentucky Horse Park.

(8) The commission shall establish and maintain an office at the Kentucky Horse Park for the transaction of its business and shall not establish any branch office. The commission may hold meetings at any other place when the convenience of the commission requires.

(9) The commission shall be authorized to adopt bylaws providing for the call of its meetings, which shall be held at least quarterly, and for its operating procedures. A quorum of the commission shall consist of ten (10) members, and a quorum of members present at any duly-called meeting may act upon any matter before it for consideration. Each member shall have one (1) vote.

(10) The Governor may establish an advisory committee to advise in the administration, development, and operation of the Kentucky Horse Park or other functions, activities, and programs provided for or authorized by KRS 148.258 to 148.320.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 125, sec. 2, effective June 29, 2023. -- Repealed, reenacted, and amended 2017 Ky. Acts ch. 73, sec. 1, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 16, sec. 17, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 16, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 48, sec. 7, effective July 15, 1998; and ch. 70, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 196, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 205, sec. 9. -- Amended 1986 Ky. Acts ch. 96, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 404, sec. 12, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 396, sec. 15, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 295, sec. 24, effective July 15, 1980. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 1, effective July 1, 1979.

148.270 Corporate powers of commission -- Appointment of president -- Duties -- Organization of commission -- Additional staff.

(1) (a) The commission shall be a body corporate with usual corporate powers.

(b) The General Assembly hereby recognizes and reaffirms that the operations of the Kentucky Horse Park and the operations of its facilities are unique activities for state government and that an independent corporate structure is best to enable the Kentucky Horse Park to be managed in an entrepreneurial and businesslike manner. The Kentucky Horse Park Commission shall be an independent, de jure municipal corporation and political subdivision of the Commonwealth of Kentucky, which shall be a public body corporate and politic.

(c) The Kentucky Horse Park Commission is a public agency as defined in KRS 61.805 and is subject to the Open Meetings Act, KRS 61.805 to 61.850.

(d) The Kentucky Horse Park Commission shall be attached to the Tourism, Arts and Heritage Cabinet solely for administrative purposes and shall not be subject to reorganization under KRS Chapter 12.

(2) Full minutes and records shall be kept of all meetings of the board and all official actions shall be recorded.

(3) (a) The commission shall appoint a president, who shall hold the position at the pleasure of the commission and shall devote his or her entire time to the duties of the office.

(b) The president shall be the chief executive officer and secretary of the commission and shall provide the staff direction and coordination in implementing the program and discharging the duties of the commission. The president shall serve as the administrative head of the Kentucky Horse Park, thereby overseeing daily operations of the park.

(c) The president shall keep a full and true record of all the proceedings of the commission, of all books and papers ordered filed by the commission, and of all orders made by the commission or approved and confirmed by it and ordered filed, and shall be responsible to it for the safe custody and preservation of all such documents in its office. All documents shall be subject to the open records provisions of KRS 61.870 to 61.884.

(d) The commission shall designate from time to time staff persons to perform the duties of the president during his or her absence, and during the absence, the persons so designated shall possess the same powers as the president.

(4) The president may only be removed by an affirmative vote of a majority of the members of the commission, and upon thirty (30) days' written notice.

(5) The commission shall determine the term, conditions, and compensation of its president, provided the term does not exceed four (4) years. There is no limit on the number of terms an individual can serve as president.

(6) (a) The president shall have the authority to organize administrative divisions and may designate chiefs of the divisions who, under the control and supervision of the president, shall have the duties of direction of the divisions.

(b) The president shall organize a Division of Personnel Management and Staff Development that shall manage all personnel matters, including staff development and training programs for affirmative action. The director of this division shall be appointed by the president, and the appointment shall be subject to confirmation by the commission.

(c) The president shall employ other employees and agents necessary to carry out the policies of the commission and to conduct the affairs of the Kentucky Horse Park, and shall fix the duties and compensation of any employees or agents with the approval of the commission.

(7) The president and any persons newly employed under this section after July 1, 2023, shall not be subject to KRS Chapter 18A.

(8) The commission acting through the president may employ such additional staff as necessary to perform the duties and exercise the powers conferred upon it by the provisions of KRS 148.258 to 148.320.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 125, sec. 3, effective June 29, 2023. -- Amended 1986 Ky. Acts ch. 96, sec. 3, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 396, sec. 16, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 2, effective July 1, 1979.

148.280 Functions of commission -- Acquisition, control, disposition, and use of property -- Holding of events -- Contracts -- Exclusion of persons from property.

(1) The commission:

(a) Shall have the authority and control of such property as now is under its custody and control, and of such property as may hereafter be placed under its control or transferred to it by the State Property and Buildings Commission, for any purpose mentioned in this section;

(b) May erect and repair buildings on the Kentucky Horse Park and make any and all necessary or proper improvements, and generally carry on a program of development and extension of facilities designed to accomplish the objectives defined in this section; and

(c) Shall promote the progress of the state and stimulate public interest in the advancement and development of the state by providing the facilities of the Kentucky Horse Park for exhibitionary, competitive, and other events relative to various aspects of the horse industry and other functions calculated to advance and enhance the tourist industry, economy, entertainment, cultural, and educational interests of the public.

(2) The commission may take, acquire, and hold property, and all interest herein, by deed, gift, devise, bequest, lease, or by transfer from the state property so acquired in the manner provided by law, and may dispose of any property so acquired in the manner provided by law.

(3) The commission may promulgate administrative regulations in accordance with KRS Chapter 13A to govern the operation, maintenance, or use of property under its custody and control, as are necessary to:

(a) Maintain decency and good order;

(b) Protect the peace or safety of the general public;

(d) Govern the operation, maintenance, or use of the Kentucky Horse Park; and

(e) Exercise the authority granted in subsection (4)(d) of this section.

(4) The commission may:

(a) Employ or contract with other persons, firms, or corporations the commission may deem necessary or desirable to accomplish its duties and functions; may fix the compensation and the terms of employment or contract of those employed or contracted with; and may assign to them duties and responsibilities the commission may determine, including the responsibility of actual operation of any or all of the facilities under the control of the commission;

(b) Purchase liability insurance for the members and executive officers exempted from the classified service of the state by KRS 18A.115;

(d) Through the president, eject or exclude from Kentucky Horse Park property any person who engages or has engaged in conduct that would negatively impact the safety and security of park attendees.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 121, sec. 1, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 125, sec. 4, effective June 29, 2023. -- Amended 1994 Ky. Acts ch. 196, sec. 2, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 96, sec. 4, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 396, sec. 17, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 3, effective July 1, 1979.

148.285 Duties of commission.

The commission shall:

(1) Formulate policies and procedures as necessary to carry out the provisions of KRS 148.258 to 148.320;

(2) Promulgate administrative regulations as necessary to carry out the provisions of KRS 148.258 to 148.320;

(3) Annually provide the Interim Joint Committee on Tourism, Small Business, and Information Technology a report by November 1 showing the status of the horse industry within the Commonwealth and recommend any action necessary to preserve and strengthen that industry; and

(4) Employ staff personnel, if any, as it may deem necessary to implement the business of the commission and the intent of KRS 148.258 to 148.320. The commission shall fix the compensation of such employees and any employee of the commission shall be reimbursed for expenses paid or incurred in the discharge of official business when approved by the commission.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 125, sec. 5, effective June 29, 2023. -- Created 1986 Ky. Acts ch. 96, sec. 9, effective July 15, 1986.

148.290 Policing of Kentucky Horse Park -- Speed limits.

(1) The commission may enter into agreements with the law enforcement agency of any urban-county or counties in which the Kentucky Horse Park is located or in any adjacent county or with the Department of Kentucky State Police for proper policing of the Kentucky Horse Park. If authorized to do so by the commission and subject to KRS 61.300, the president may commission employees of the park as patrol officers. These patrol officers shall have all the powers of peace officers upon the property of the Kentucky Horse Park and the public property and roads traversing or immediately adjacent thereto.

(2) The commission is authorized to establish by resolution speed limits governing the operation of motor vehicles on horse park property. Notice to the public of such speed limits shall be posted by signs or markings.

(3) The commission may by administrative regulation establish restrictions on the use, including the operation, parking, impoundment, and removal, of golf cart-type vehicles, all-terrain vehicles as defined by KRS 189.010(24), horse trailers, and automobiles operated on Kentucky Horse Park property. The commission may prohibit the use of all-terrain vehicles on Kentucky Horse Park property.

(4) The commission may by administrative regulation establish a permit system, including a fee schedule, for golf cart-type vehicles, require owners to purchase usage permits, and require that the usage permit be displayed on the vehicle when operated on Kentucky Horse Park property.

(5) The commission may by administrative regulation establish a trailer permit system, including a fee schedule, for horse owners participating in events but not renting stalls at the Kentucky Horse Park.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 125, sec. 6, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 73, sec. 2, effective June 29, 2017. -- Amended 2008 Ky. Acts ch. 22, sec. 1, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 161, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 330, sec. 1, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 96, sec. 5, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 396, sec. 18, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 4, effective July 1, 1979.

148.300 Control of activities on park grounds -- Liens against exhibitors and others -- Enforcement of liens.

(1) The commission shall have exclusive control of concessions, exhibitions, shows, entertainments and attractions at any place on the State Horse Park grounds, and may under the direction of the commission operate any or all of such activities, by law.

(2) The commission shall have a prior lien upon the property of any concessionaire, exhibitor or person, immediately upon its coming or being brought on the grounds to secure existing or future indebtedness.

(3) Any designated employee or agent of the commission may sell the property to satisfy the indebtedness after giving ten (10) days' notice to the owner or agent of the owner or, if notice cannot be given to the owner, after a notice is posted for ten

(10) days in the office of the commission on the grounds, announcing that the property is to be sold. The commission through its designated agent, may bid on and buy the property offered for sale for the use and benefit of the State Horse Park.

Effective: July 15, 1986

History: Amended 1986 Ky. Acts ch. 96, sec. 6, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 81, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 396, sec. 19, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 5, effective July 1, 1979.

148.310 Provisions of KRS Chapter 137 and KRS 92.280 not to apply.

None of the provisions of KRS Chapter 137 and none of the provisions of KRS 92.280(2) shall apply to any operations on State Horse Park grounds wherein the commission shares in the receipts and proceeds of such operations.

Effective: July 15, 1986

History: Amended 1986 Ky. Acts ch. 96, sec. 7, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 396, sec. 20, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 6, effective July 1, 1979.

148.320 Use of revenues -- Deposit of funds -- Accounts and reports -- Emergency for purchasing purposes.

(1) (a) All revenues derived by the commission from the use of properties and facilities under its custody and control shall be used exclusively for the purpose of defraying the expenses of the commission, the cost of the management and operation of such properties and facilities, the payment of interest and principal upon any indebtedness incurred by the commission for such properties and facilities, the creation of adequate reserves for the repair and replacement thereof and for the financing of further extensions, improvements, and additions thereto. Included in the cost of operation may be such promotional activities as the commission may determine upon as calculated to stimulate and increase the use and the revenues of such facilities, and to increase and stimulate the interest and usefulness of the Kentucky Horse Park.

(b) Any surplus revenues remaining after full provision for the purposes in paragraph (a) of this subsection shall:

Be used to reduce the admission fees to the public for admittance to the Kentucky Horse Park and for public use by the citizens of the Commonwealth of the facilities, or reduce the annual appropriation by the General Assembly to the Kentucky Horse Park; and
Not be appropriated to any other agency or function.

(2) The commission shall generally cause its funds to be deposited in the State Treasurer's office to be withdrawn on appropriate vouchers approved by the commission.

(3) An annual accounting of the funds of the commission shall be made by the Auditor of Public Accounts and reported to the Governor for the benefit of the Governor and the General Assembly.

(4) The commission may receive tax revenues from any governmental unit and financial contributions from local governments, private persons, or foundations.

(5) The president of the Kentucky Horse Park may, in lieu of the secretary of the Finance and Administration Cabinet, declare an emergency for purchasing purposes.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 125, sec. 7, effective June 29, 2023. -- Amended 1986 Ky. Acts ch. 96, sec. 8, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 396, sec. 21, effective July 15, 1982. -- Created 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 7, effective July 1, 1979.

My Old Kentucky Home State Park My Old Kentucky Home State Park

148.400 My Old Kentucky Home Endowment Fund.

There is established in the State Treasury "My Old Kentucky Home Endowment Fund" which shall be administered by the park superintendent at My Old Kentucky Home State Park under the supervision of the commissioner of the Department of Parks. The fund may receive state appropriations, federal funds, and private donations. The fund shall be used for maintenance, furnishings, and repairs of My Old Kentucky Home House Museum and maintenance of the grounds of My Old Kentucky Home State Park.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 80, sec. 5, effective June 29, 2017. -- Amended 1994 Ky. Acts ch. 176, sec. 7, effective July 15, 1994. -- Created 1986 Ky. Acts ch. 189, sec. 1, effective July 15, 1986.

148.510 Repealed, 1964.

[Repealed]

148.520 Repealed, 1964.

[Repealed]

Tourism, Arts and Heritage Cabinet Tourism, Arts and Heritage Cabinet

148.522 Organization of Tourism, Arts and Heritage Cabinet.

(1) The Tourism, Arts and Heritage Cabinet shall consist of the Office of the Secretary, the Office of Legal Affairs, the Office of Finance, the Office of Government Relations and Administration, the Office of Human Resources, the Office of Public Affairs and Constituent Services, the Office of Arts and Cultural Heritage, the Kentucky Department of Tourism, the Kentucky Department of Parks, the Tourism Development Finance Authority, and such other divisions and sections as are from time to time deemed necessary for the proper and efficient operation of the cabinet subject to the provisions of KRS Chapter 12.

(2) The Office of Legal Affairs shall be headed by a general counsel appointed by the secretary pursuant to KRS 12.210, shall provide legal services for the cabinet, and shall be directly responsible to the secretary.

(3) The Kentucky Department of Tourism shall be headed by a commissioner appointed by the Governor pursuant to the provisions of KRS 12.040. The commissioner shall have the authority and responsibility for the promotion, development, and support services for the tourism industry within the Commonwealth.

(4) The Divisions of Tourism Services, Marketing and Administration, and Communications and Promotions are created within the Kentucky Department of Tourism. Each division shall be headed by a division director who shall be appointed by the commissioner of the department pursuant to the provisions of KRS 12.050.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 156, sec. 23, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 69, sec. 3, effective July 14, 2018; and ch. 124, sec. 2, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 65, sec. 3, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 18, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 152, sec. 6, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 95, sec. 17, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 1, sec. 10, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 48, sec. 8, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 13, sec. 7, effective July 14, 1992; ch. 159, sec. 3, effective July 14, 1992; and ch. 424, sec. 3, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 404, sec. 11, effective July 13, 1984.

Legislative Research Commission Note (6/29/2017). Under the authority of KRS 7.136(2), references to various agencies within the Tourism, Arts and Heritage Cabinet in this statute have been changed in codification to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2016-856 and confirmed by the General Assembly in 2017 Ky. Acts ch. 110.

Legislative Research Commission Note (6/29/2017). Under the authority of KRS 7.136(2), one or more references to the "Kentucky Department of Travel and Tourism" in this statute have been changed in codification to the "Kentucky Department of Tourism" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2016-856 and confirmed by the General Assembly in 2017 Ky. Acts ch. 110.

Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 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.

148.525 Functions of divisions.

(1) The Division of Tourism Services shall operate the highway welcome centers, conduct a hospitality education program for the tourism industry, coordinate the provision of mail and telephone information services to visitors, and generate sales revenue to the tourism industry of the Commonwealth through participation in trade shows and markets.

(2) The Division of Marketing and Advertising shall be responsible for state tourism advertising, the state matching fund tourism advertising program, the development and maintenance of a marketing and research database on tourism, market survey programs, and special studies related to the tourism industry.

(3) The commissioner of tourism may promulgate administrative regulations in accordance with provisions of KRS Chapter 13A in order to carry out the provisions of KRS 148.522 and this section.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 424, sec. 4, effective July 14, 1992.

148.527 Kentucky Certified Retirement Community Program.

(1) The Kentucky Department of Travel and Tourism of the Tourism, Arts and Heritage Cabinet shall, after appropriate research has been conducted, establish and maintain a Kentucky Certified Retirement Community Program whereby retirees and those planning to retire are encouraged to make their homes in Kentucky communities that have met certain criteria to be certified by the Tourism, Arts and Heritage Cabinet as a Kentucky certified retirement community. In support of this program, the Kentucky Department of Travel and Tourism shall identify certain issues of interest to retirees or potential retirees in order to inform them of the benefits of living in Kentucky. Issues of interest to retirees may include but are not limited to:

(a) Kentucky's state and local tax structure;

(b) Housing opportunities and cost;

(d) Personal safety;

(e) Working opportunities;

(f) Health care services and other services along the continuum of services, including but not limited to home and community based services;

(g) Transportation;

(h) Continuing education;

(i) Leisure living;

(j) Recreation;

(k) The performing arts;

(l) Festivals and events;

(m) Sports at all levels; and

(n) Other services and facilities that are necessary to enable persons to age in the community and in the least restrictive environment.

(2) The mission of the Kentucky Certified Retirement Community Program shall be to:

(a) Promote the state as a retirement destination to retirees and those persons and families who are planning retirement both in and outside of Kentucky;

(b) Assist Kentucky communities in their efforts to market themselves as retirement locations and to develop communities that retirees would find attractive for a retirement lifestyle;

(c) Assist in the development of retirement communities and lifecare communities for economic development purposes and as a means of providing a potential workforce and enriching Kentucky communities; and

(d) Encourage tourism to Kentucky in the form of mature market travel to Kentucky in reference to retirement desirability for the future, and for the visitation of those who have chosen to retire in Kentucky.

(3) The Tourism, Arts and Heritage Cabinet shall coordinate the development and planning of the Kentucky Certified Retirement Community Program with the Cabinet for Economic Development, the Department for Aging and Independent Living in the Cabinet for Health and Family Services, the Kentucky Commission on Military Affairs, the Department of Veterans' Affairs, and other state and local groups interested in participating in and promoting the program.

(4) To obtain certification as a Kentucky certified retirement community, the following requirements shall be met:

(a) Official community support. A resolution by the governing authority endorsing the local retirement recruitment effort is required;

(b) Designation of a sponsor. The program shall have an official sponsoring organization that shall appoint an individual who will be accountable to the community and to the state;

(c) Funding. The sponsoring organization must commit a minimum of ten thousand dollars ($10,000) per year for the local program;

(d) Health services. There shall be a hospital and emergency medical services that are readily accessible to the community;

(e) Available housing. The community shall maintain information on both resale housing and rental housing to ensure that the quantity is sufficient to meet the needs of potential new retiree residents;

(f) Retiree desirability assessment. The community shall conduct a retiree desirability assessment that shall focus on a number of factors including, but not limited to, medical services, adult education opportunities, shopping, recreation, cultural opportunities, safety, aging services, and a continuum of care including home and community based services, housing for the elderly, assisted living, personal care, and nursing care facilities;

(g) Establishment of subcommittees. Each locality shall have a general retiree attraction committee and a minimum of four (4) subcommittees as follows:

Community inventory/assessment subcommittee. This subcommittee shall conduct an unbiased inventory and assessment of whether the community can offer the basics that retirees demand and develop a professional portfolio containing brief biographies of professionals in the community;
Community relations/fundraising subcommittee. This subcommittee shall locate retirees living in the community, act as salespersons for the program, raise funds necessary to run the program, recruit subcommittee members, organize special events, and promote and coordinate the program with local entities;
Marketing and promotion subcommittee. This subcommittee shall establish a community image, evaluate target markets, develop and distribute promotional material, and coordinate advertising and public relations campaigns; and
Ambassadors subcommittee. This subcommittee shall be the first contact with prospective retirees and provide tour guides when prospects visit the community. The subcommittee shall respond to inquiries, log contacts made, provide tours, invite prospects to special community events, and maintain continual contact with prospects until the time that the prospect makes a retirement location decision;

(h) Community profile. The sponsor shall develop a community profile similar to that used by many chambers of commerce. It will include factors such as crime statistics, tax information, recreational opportunities, and housing availability; and

(i) Written marketing plan. The retiree attraction committee shall submit a marketing plan that shall detail the mission, the target market, the competition, an analysis of the community's strengths, weaknesses, opportunities and threats, and the strategies the program will employ to attain its goals.

(5) During the certification process, a representative of the retirement attraction committee shall attend state training meetings.

(6) The retiree attraction committee shall work to gain the support of churches, clubs, businesses, and the local media, as this support is necessary for the success of the program.

(7) Within ninety (90) days of certification, the locality shall submit a complete retiree attraction package to the Kentucky Department of Travel and Tourism.

(8) Before certification is awarded, the retiree attraction committee shall submit a written three (3) year commitment to the program and a long-term plan outlining steps the community will undertake to maintain its desirability as a destination for retirees. The long-range plan shall outline plans to correct any facility and service deficiencies identified in the retiree desirability assessment required by subsection (4)(f) of this section. The written commitment and long-range plan shall be forwarded to the Kentucky Department of Travel and Tourism of the Tourism, Arts and Heritage Cabinet.

(9) Upon being certified as a Kentucky certified retirement community, the Tourism, Arts and Heritage Cabinet shall provide the following assistance to the community:

(a) Assistance in the training of local staff and volunteers;

(b) Ongoing oversight and guidance in marketing, plus updating on national retirement trends;

(c) Inclusion in the state's national advertising and public relations campaigns and travel show promotions, including a prominent feature on the cabinet's Internet Web site;

(d) Eligibility for state financial assistance for brochures, support material, and advertising; and

(e) An annual evaluation and progress assessment on maintaining and improving the community's desirability as a home for retirees.

(10) The Tourism, Arts and Heritage Cabinet shall promulgate administrative regulations to implement the provisions of this section.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 65, sec. 4, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 19, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 24, sec. 3, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 95, sec. 18, effective June 20, 2005; and ch. 99, sec. 120, effective June 20, 2005. -- Created 2001 Ky. Acts ch. 78, sec. 1, effective June 21, 2001.

148.530 Repealed, 1964.

[Repealed]

148.531 Renumbered as KRS 154.29-010.

[Renumbered as KRS 154.29-010.]

148.532 Renumbered as KRS 154.29-020.

[Renumbered as KRS 154.29-020.]

148.534 Renumbered as KRS 154.29-030.

[Renumbered as KRS 154.29-030.]

148.536 Renumbered as KRS 154.29-040.

[Renumbered as KRS 154.29-040.]

148.538 Renumbered as KRS 154.29-050.

[Renumbered as KRS 154.29-050.]

148.539 Renumbered as KRS 154.29-060.

[Renumbered as KRS 154.29-060.]

148.540 Repealed, 1964.

[Repealed]

148.542 Repealed, 2021.

[Repealed]

148.544 Repealed, 2021.

[Repealed]

148.545 Repealed, 1964.

[Repealed]

148.546 Repealed, 2021.

[Repealed]

148.548 Repealed, 2021.

[Repealed]

148.550 Repealed, 1964.

[Repealed]

Appalachian/Kentucky Artisans Gateway Center Authority Appalachian/Kentucky Artisans Gateway Center Authority

148.560 Definitions for KRS 148.560 to 148.569.

As used in KRS 148.560 to 148.569, unless the context indicates otherwise:

(1) "Authority" means the Appalachian/Kentucky Artisans Gateway Center Authority;

(2) "Board" means the board of directors of the Appalachian/Kentucky Artisans Gateway Center Authority; and

(3) "Center" means the Appalachian/Kentucky Artisans Gateway Center.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 22, sec. 1, effective July 14, 2000.

148.561 Appalachian/Kentucky Artisans Gateway Center Authority.

The Appalachian/Kentucky Artisans Gateway Center Authority is created and established as an independent, de jure municipal corporation and political subdivision of the Commonwealth that shall be a public body corporate and politic. The authority shall develop, operate, and manage the Appalachian/Kentucky Artisans Gateway Center funded by 1998 Ky. Acts ch. 615, Part X, under the reference "Artisans Center--Berea." The authority shall be attached to the Tourism, Arts and Heritage Cabinet for administrative purposes.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 16, sec. 20, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 19, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 22, sec. 2, effective July 14, 2000.

148.562 Board of directors -- Appointment -- Terms -- Removal.

(1) The authority shall be governed by a board of directors consisting of thirteen

(13) members as follows:

(a) Secretary of the Tourism, Arts and Heritage Cabinet, or his or her designee;

(b) Secretary of the Transportation Cabinet, or his or her designee;

(d) Secretary of the Finance and Administration Cabinet, or his or her designee;

(e) Three (3) members appointed by the Governor, one (1) to be a representative of the Kentucky Arts Council, and two (2) to be at-large members; and

(f) Six (6) members appointed by the mayor of the city of Berea to include two (2) representatives of Berea city government, two (2) representatives of Berea College recommended by the president of Berea College, one

(1) representative of Eastern Kentucky University recommended by the president of Eastern Kentucky University, and one (1) at-large member.

(2) Members shall serve for staggered terms of four (4) years beginning August 1, 2000, except that of the initial appointments:

(a) One (1) appointment by the Governor and two (2) appointments by the mayor of the city of Berea shall each serve a term of four (4) years;

(b) Two (2) appointments by the mayor of the city of Berea and one (1) appointment by the Governor shall each serve a term of three (3) years;

(c) One (1) appointment by the Governor and one (1) appointment by the mayor of the city of Berea shall each serve a term of two (2) years; and

(d) One (1) appointment by the mayor of the city of Berea shall serve a term of one (1) year.

(3) The Governor shall appoint a chair from among the members of the board.

(4) A quorum of the board shall consist of seven (7) members, with a majority of members present authorized to act upon any matter legally before the authority.

(5) A member may be removed by the appointing authority only for neglect of duty, misfeasance, or malfeasance, and after being afforded an opportunity for a hearing in accordance with KRS Chapter 13B, relating to administrative hearings.

Effective:July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 27, effective July 1, 2022. -- Amended 2009 Ky. Acts ch. 11, sec. 12, effective June 25, 2009; and ch. 16, sec. 21, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 211, sec. 19, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 95, sec. 20, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 22, sec. 3, effective July 14, 2000.

148.563 Executive Director -- Appointment -- Duties -- Staff.

(1) An executive director shall be appointed in accordance with KRS 12.050.

(a) The executive director shall at all times attempt to accommodate the desires expressed by the board of directors.

(b) The executive director shall keep all minutes, records, and orders of the authority and shall be responsible for the preservation of all the documents. The documents shall be public records subject to KRS 61.870 to 61.884, relating to open records.

(2) The staff of the authority, including its executive director, shall be employees of the Tourism, Arts and Heritage Cabinet.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 16, sec. 22, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 21, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 22, sec. 4, effective July 14, 2000.

148.564 Articles of incorporation -- Executive committee of board -- Authority to act on board's behalf -- Bylaws.

(1) The board shall develop articles of incorporation and appropriate documentation to establish its existence as a nonprofit corporation under KRS 58.180.

(2) The board may establish from among its membership an executive committee, which shall have full authority to act between board meetings to the extent delegated by the board.

(3) The board may enact bylaws concerning the election of officers and other administrative procedures it deems necessary.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 22, sec. 5, effective July 14, 2000.

148.566 Authority's powers and duties -- Compensation of board members.

The authority shall have the following duties and authorities:

(1) The authority shall supervise the design, construction, and operation of the center and shall provide all management functions for the facility and for any other property acquired or leased under its powers established by law.

(2) The authority shall promote the growth and development of statewide tourism related to arts and crafts destinations throughout the state and shall ensure that its efforts conform to marketing and promotion strategies devised by the Tourism, Arts and Heritage Cabinet.

(3) The authority shall have the exclusive control of scheduling all exhibitions, performances, retail activities, and concessions in the center. The authority shall have a prior lien upon the property of any private exhibitor, concessionaire, or other person holding an exhibition or performance or operating a concession in the center and may sell the property upon ten (10) days' notice to satisfy any indebtedness.

(4) The authority shall participate with local hotels and the travel industry to develop tourist packages and additional services to attract events, conferences, and conventions to the region.

(5) The authority may take, acquire, and hold property, and all interests therein, by deed, purchase, gift, devise, bequest, or lease, or by transfer from the State Property and Buildings Commission and may dispose of any property so acquired in any manner provided by law.

(6) The authority may adopt administrative regulations in accordance with KRS Chapter 13A only for governing the operation, maintenance, or use of property under its custody and control.

(7) The authority may levy a surcharge on tickets for functions held within the center to contribute to operating revenue.

(8) The authority may sue and be sued and maintain and defend legal actions in its name.

(9) Members of the authority shall serve without compensation, but shall be reimbursed for actual and necessary travel expenses incurred in the performance of their duties. The reimbursement shall be in accordance with administrative regulations promulgated under KRS Chapter 13A by the Finance and Administration Cabinet.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 16, sec. 23, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 22, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 22, sec. 6, effective July 14, 2000.

148.569 Revenues derived by authority -- Permitted uses.

All revenues derived by the authority from the use of the center and from contributions to the center from other sources, and any additional revenues derived by the authority from any other source, shall be used solely for the expenses of the center, including payment on debt; the cost of management and operation of its facilities; the creation of an adequate reserve for repair, replacement, debt service, and capital improvements; the procurement of insurance; and promotional activities.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 22, sec. 7, effective July 14, 2000.

Kentucky Center for African-American Heritage Kentucky Center for African-American Heritage

148.570 Kentucky Center for African-American Heritage -- Purpose -- Members -- Meetings -- Powers and duties.

(1) The Kentucky Center for African-American Heritage is hereby created to educate the public and to preserve and research the cultural heritage of African-Americans by establishing a center to showcase the contributions of Kentucky African- Americans to the Commonwealth, the nation, and the world. In addition to exhibit space, the center shall provide performance space for activities, such as but not limited to plays, poetry readings, and concerts.

(2) The Kentucky Center for African-American Heritage shall be governed by a board of directors who represent various African-American heritage interests. The board shall also reflect significant membership from the African-American community. On June 8, 2011, the board of directors of the African-American Heritage Foundation, Inc., the secretary of the Tourism, Arts and Heritage Cabinet or his or her designee, and the chair of the Kentucky African-American Heritage Commission shall be the initial board of directors of the center, and shall serve four

(4) year terms. Upon the expiration of the four (4) year term of the initial board of directors, the membership of the board of directors shall be as follows:

(a) The secretary of the Tourism, Arts and Heritage Cabinet or the secretary's designee;

(b) The chair of the Kentucky African-American Heritage Commission;

(d) One (1) member who is an expert in African-American history;

(e) One (1) member from the arts community;

(f) Four (4) members with expertise in Kentucky, United States, or world history with an emphasis on the African-American experience. Of the four (4) members required by this paragraph, there shall be one (1) from central Kentucky, one (1) from northern Kentucky, one (1) from western Kentucky, and one (1) from eastern Kentucky;

(g) One (1) member at large with expertise in Kentucky, United States, or world history with an emphasis on the African-American experience;

(h) Five (5) members from the metro Louisville area. The mayor of Louisville shall submit five (5) separate lists of three (3) names for each of the appointments provided for in this paragraph. One (1) member shall be appointed from each list of names. At least one (1) of the members appointed from the mayor's lists shall have experience in Kentucky, United States, or world history with an emphasis on the African-American experience; and

(i) Ten (10) members from the public at large.

(3) Members listed in subsection (2)(c) to (i) of this section shall be appointed by the Governor. Twelve (12) of the Governor's initial appointees shall serve two (2) year terms. Eleven (11) of the Governor's initial appointees shall serve four (4) year terms. Subsequent appointments by the Governor shall be for four (4) year terms, and members may be reappointed for subsequent terms. Any vacancy shall be filled by appointment of the Governor for the remainder of the unexpired term.

(4) Board members shall serve without compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.

(5) The board shall elect by a majority vote a chair, a vice chair, and any other officers deemed necessary.

(6) The board 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 shall constitute a quorum.

(8) Committees may be formed at the direction of the chair.

(9) The Kentucky Center for African-American Heritage may seek and accept grants or raise funds from any available source, public or private, to accomplish its responsibilities and achieve its objectives.

(10) The Kentucky Center for African-American Heritage shall be attached for administrative purposes to the Tourism, Arts and Heritage Cabinet, whose responsibilities shall include but are not limited to designating a staff person to coordinate board needs and providing other staff and services requested by the board to achieve its objectives under KRS 148.572.

Effective: June 8, 2011

History: Created 2011 Ky. Acts ch. 84, sec. 1, effective June 8, 2011.

148.572 Objectives of Kentucky Center for African-American Heritage.

The objectives of the Kentucky Center for African-American Heritage, through the programs and activities of the center, shall be to:

(1) Educate the public and school-age children on the cultural, historical, political, and artistic contributions that African-Americans have made to the Commonwealth;

(2) Cooperate with the Kentucky Heritage Council, the Kentucky African-American Heritage Commission, and the Kentucky General Assembly on matters relating to Kentucky African-American heritage;

(3) Promote Kentucky African-American heritage by working with educational, arts, and humanities organizations;

(4) Recognize and sanction projects that advance wider knowledge of Kentucky African-Americans' contributions to, and influence and impact on, life in Kentucky; and

(5) Support the mission of the Kentucky African-American Heritage Commission.

Effective: June 8, 2011

History: Created 2011 Ky. Acts ch. 84, sec. 2, effective June 8, 2011.

Iraq/Afghanistan War Memorial Iraq/Afghanistan War Memorial

148.580 Iraq/Afghanistan War Memorial Committee -- Purpose -- Members -- Duties -- Responsibilities of cabinet.

(1) There is established an Iraq/Afghanistan War Memorial Committee for the purpose of creating an Iraq/Afghanistan War Memorial in the city of Frankfort, Kentucky, or another location within the Commonwealth deemed more appropriate by the committee. Members of the committee shall include:

(a) The Governor or his or her designee;

(b) The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;

(d) The Adjutant General of the Kentucky Department of Military Affairs or his or her designee; and

(e) A member recommended by the Joint Executive Council of Veterans Organizations to be appointed by the Governor.

(2) The Iraq/Afghanistan War Memorial Committee shall be charged with the following duties:

(a) Choosing a design for the memorial;

(b) Determining a location for the memorial;

(d) Requesting proposals for the construction of the memorial;

(e) Making recommendations on an entity to oversee the installation of the memorial;

(f) Making recommendations on an entity that will be responsible for maintenance and day-to-day upkeep of the memorial; and

(g) Seeking appropriations, gifts, grants, federal funds, and any other funds, both public and private, to assist with the costs associated with the establishment of the memorial, which shall be deposited in the Iraq/Afghanistan War Memorial fund established in KRS 148.582.

(3) The Iraq/Afghanistan War Memorial Committee shall complete the requirements of subsection (2)(a) to (f) of this section no later than October 1, 2012. The committee shall produce a written report to be provided to the Governor, the secretary of the Tourism, Arts and Heritage Cabinet, the President of the Senate, and the Speaker of the House of Representatives. The report shall include, at a minimum, the following information:

(a) The results of the Iraq/Afghanistan War Memorial Committee's work with regard to the requirements of subsection (2)(a) to (f) of this section;

(b) An update on the costs required to complete the Iraq/Afghanistan War Memorial; and

(4) The Tourism, Arts and Heritage Cabinet shall have the following responsibilities related to the Iraq/Afghanistan War Memorial and the committee established to create the memorial:

(a) Provision of staff and administrative resources, not including reimbursement for any expense related to the committee's work, for the committee; and

(b) Administration of the Iraq/Afghanistan War Memorial fund established in KRS 148.582.

Effective: July 12, 2012

History: Created 2012 Ky. Acts ch. 67, sec. 1, effective July 12, 2012.

148.582 Iraq/Afghanistan War Memorial fund.

(1) The Iraq/Afghanistan War Memorial fund is hereby created as a separate trust fund in the State Treasury. The Iraq/Afghanistan War Memorial fund shall consist of amounts received from appropriations and any other proceeds from gifts, grants, federal funds, or any other funds, both public and private, made available for the purposes of KRS 148.580 and this section.

(2) The Iraq/Afghanistan War Memorial fund shall be administered by the Tourism, Arts and Heritage Cabinet.

(3) Amounts deposited in the Iraq/Afghanistan War Memorial fund shall be used only for the purpose of the establishment of the Iraq/Afghanistan War Memorial as provided in KRS 148.580.

(4) Notwithstanding KRS 45.229, Iraq/Afghanistan War Memorial fund amounts 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 Iraq/Afghanistan War Memorial fund shall become a part of the Iraq/Afghanistan War Memorial fund and shall not lapse.

(6) Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

Effective: July 12, 2012

History: Created 2012 Ky. Acts ch. 67, sec. 2, effective July 12, 2012.

Legislative Research Commission Note (7/12/2012). The internal numbering of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 67, sec. 2, under the authority of KRS 7.136(1). The words in the text were not changed.

148.585 Harrodsburg Sestercentennial Commission -- Duties -- Membership. (Repealed - Effective until January 1, 2027) (Effective until January 1, 2027)

(1) As used in this section:

(a) "Commission" means the Harrodsburg Sestercentennial Commission established in subsection (2) of this section; and

(b) "Sestercentennial" means the two hundred fiftieth anniversary of the founding of Harrodsburg on June 16, 1774.

(2) The Harrodsburg Sestercentennial Commission is hereby established to plan, encourage, develop, and coordinate events and other activities related to the two hundred fiftieth anniversary of Harrodsburg in 2024. To accomplish its charge, the commission shall:

(a) Ensure that adequate way-finding signage and mapping is accomplished to mark and identify Old Fort Harrod State Park;

(b) Educate citizens of the Commonwealth and the nation about the stories of pioneers and Native Americans in the early days of westward settlement and the impact Harrodsburg and settlements of its nature had on Kentucky and American history;

(c) Plan and implement events for a year-long sestercentennial commemoration in the year 2024 of the founding of Harrodsburg and whatever events in the immediately preceding and following years are deemed appropriate by the commission, including any battlefield commemorations if funds are available;

(d) Assist local governments and their representatives with planning, preparation, and grant applications for sestercentennial events and projects;

(e) Coordinate federal, state, local, and nonprofit organizations' sestercentennial activities occurring in Kentucky;

(f) Coordinate events and activities with parties, commissions, and organizations wishing to participate in the 2024 commemoration;

(g) Act as a point of contact for national organizations wishing to distribute information to state and local groups about grant opportunities, meetings, and national events related to the settlement of Harrodsburg and sestercentennial activities;

(h) Seek funding sources such as foundations, line item appropriations, federal grants, philanthropic organizations, and lineage societies;

(i) Create press, print, and electronic contacts that generate stories on a continual basis;

(j) Encourage and contract new publications and create a call for papers on Harrodsburg, Fort Harrod, James Harrod, or other participating or involved parties, and how the history of this early frontier settlement impacted American history;

(k) Organize symposiums and other methodologies to investigate genealogy relative to Harrodsburg;

(l) Create higher and lower educational programs;

(m) Perform other duties necessary to educate Kentuckians on the history of Harrodsburg and early frontier settlements and on the Commonwealth's role in early westward expansion;

(n) Evaluate the existing infrastructure of Old Fort Harrod State Park, provide recommendations for what infrastructure should be in place for the successful undertaking of appropriate events and activities in accordance with this section, and coordinate with state and local bodies to make necessary infrastructure improvements; and

(o) Coordinate planning for the sestercentennial with the nonprofit organization Harrodsburg 250th, Inc., this organization having been established by the local governments of Harrodsburg and Mercer County to serve as the point of contact for local planning for the sestercentennial.

(3) The commission shall consist of the following eleven (11) members:

(a) The secretary of the Education and Labor Cabinet or his or her designee;

(b) The secretary of the Transportation Cabinet or his or her designee;

(d) One (1) member from the Kentucky Heritage Council, appointed by the state historic preservation officer;

(e) One (1) member of the Kentucky Humanities Council, appointed by the chair of the council;

(f) One (1) member of Harrodsburg 250th, Inc., recommended by the chair of that organization and appointed by the Governor;

(g) One (1) member of the Friends of Fort Harrod, recommended by the leader of that organization and appointed by the Governor; and

(h) Three (3) citizen members appointed by the Governor, one (1) of whom shall be designated as the chair.

(4) The Harrodsburg Sestercentennial Commission shall be attached to the Kentucky Historical Society for administrative purposes only.

(5) This section shall expire on January 1, 2027.

Effective: July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 28, effective July 1, 2022. -- Created 2021 Ky. Acts ch. 194, sec. 1, effective April 7, 2021.

148.585 Repealed, 2027. (Effective January 1, 2027)

[Repealed]

148.586 Repealed, 2025.

[Repealed]

148.587 Kentucky Sestercentennial Commission -- Duties -- Membership. (Repealed - Effective until January 1, 2027) (Effective until January 1, 2027)

(1) As used in this section:

(a) "Commission" means the Kentucky Sestercentennial Commission established in subsection (2) of this section; and

(b) "Sestercentennial" means the two hundred fiftieth anniversary of historic events from 1774 to 1776 that include the founding of Harrodsburg in 1774, the opening of Boone Trace in 1775, the genesis of westward movement, and the important events tied to our nation's founding in 1776.

(2) The Kentucky Sestercentennial Commission is hereby established to plan and implement events to celebrate the two hundred fiftieth anniversary of Old Fort Harrod in 2024, culminating with the Declaration of Independence in 1776. To accomplish its charge, the commission shall:

(a) Elect a chair of the commission and have the authority to form subcommittees and working groups that include non-commission members in order to plan, develop, and coordinate specific activities;

(b) Plan, encourage, develop, and coordinate the commemoration of the two hundred fiftieth anniversary of the founding of the United States and recognize Kentucky's integral role in that event and the impact of its people on the nation's past, present, and future;

(c) Ensure that adequate way-finding signage and mapping is accomplished to mark and identify the relevant points of interest and routes involved in the founding of Kentucky and the opening of the west;

(d) Educate citizens of the Commonwealth and the nation about the stories of pioneers, African Americans, and Native Americans in the early days of westward settlement and the impact Fort Harrod and Fort Boonesborough had on Kentucky and American history;

(e) Plan and implement events for a three (3) year sestercentennial commemoration of the years 2024 to 2026 and following years deemed appropriate by the commission, including any battlefield commemorations if funds are available;

(f) Assist local governments with planning, preparation, and grant applications for sestercentennial events and projects;

(g) Coordinate federal, state, local, and nonprofit organizations' sestercentennial activities occurring in Kentucky;

(h) Coordinate events and activities with parties, commissions, and organizations wishing to participate in the commemoration;

(i) Seek funding sources such as foundations, line item appropriations, federal grants, philanthropic organizations, and lineage societies;

(j) Establish press, print, and electronic contacts that generate stories on a continual basis;

(k) Encourage and contract new publications and create a call for papers on how the history of this early frontier settlement impacted American history;

(l) Organize symposiums and other methodologies to investigate genealogy relative to the events involved in the founding of Kentucky and opening of the west;

(m) Create higher and lower educational programs; and

(n) Perform other duties necessary to educate Kentuckians on the history of early frontier settlements and on the Commonwealth's role in early westward expansion and to highlight the importance of the years 1774 to 1776 to Kentucky history.

(3) The commission shall consist of the following fourteen (14) members:

(a) The secretary of the Education and Labor Cabinet or his or her designee;

(b) One (1) member from the Tourism, Arts and Heritage Cabinet appointed by the secretary of the cabinet;

(d) One (1) member from the Kentucky Humanities Council, appointed by the chair of the council;

(e) One (1) member of the Friends of Fort Harrod, recommended by the leader of that organization and appointed by the Governor;

(f) Three (3) citizen members appointed by the Governor, one (1) of whom shall be designated as the chair;

(g) The commissioner of the Department of Parks or his or her designee;

(h) The president of Friends of Boone Trace, Inc. or his or her designee;

(i) The president of the Fort Boonesborough Foundation, or his or her designee;

(j) One (1) member from the Kentucky African American Heritage Commission appointed by the chair of that commission;

(k) One (1) member of the Kentucky Native American Heritage Commission appointed by the chair of that commission; and

(l) One (1) member of the Kentucky Historical Society appointed by the executive director of the society.

(4) The Kentucky Sestercentennial Commission shall be attached to the Kentucky Historical Society for administrative purposes only.

(5) This section shall expire on January 1, 2027.

Effective: July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 29, effective July 1, 2022. -- Created 2021 Ky. Acts ch. 194, sec. 3, effective April 7, 2021.

148.587 Repealed, 2027. (Effective January 1, 2027)

[Repealed]

148.590 Repealed, 2018.

[Repealed]

Kentucky Trails System Kentucky Trails System

148.610 Purpose of trails system.

(1) In order to provide for the ever-increasing outdoor recreation needs of an expanding population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the state, trails should be established in natural, scenic areas of the state, and in and near urban areas.

(2) The purpose of KRS 148.610 to 148.780 is to provide the means for attaining these objectives by instituting a state system of scenic and recreation trails and by prescribing the methods and standards by which trails may be added to the system.

History: Created 1974 Ky. Acts ch. 288, sec. 2.

148.620 Definitions.

Except as otherwise required by the context, the following terms when used in KRS 148.610 to 148.780 shall be construed respectively to mean:

(1) "Commissioner" means the commissioner of the Department of Parks.

(2) "Department" means the Department of Parks.

(3) "System" means the "Kentucky Trails System" as established in KRS 148.610 to 148.780 and including all trails and trail segments, together with their rights-of- way.

(4) "Scenic easement" means a perpetual easement in land which is held for the benefit of the people of Kentucky, is specifically enforceable by its holder or beneficiary, and limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.

(5) "Political subdivision" means any county, incorporated city, or other political subdivision of the state.

History: Created 1974 Ky. Acts ch. 288, sec. 3.

148.630 Classes of trails established.

The state system of trails shall be composed of:

(1) State scenic trails, which will be extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological, and cultural qualities of the areas through which such trails pass. Each of these trails will be limited exclusively to foot use, except that the use of horses or off-road motorized vehicles or nonmotorized bicycles may also be permitted on segments of scenic trails where specifically designated by the department. Because of their extended length, the state scenic trails shall be supplemented by support facilities but only on that part of a trail which is in a state park or recreation area. Such support facilities may include, where deemed necessary and feasible, primitive shelters, fireplaces, safe water supply, and other related public-use facilities. These facilities shall comply with the state's health standards. No open wood fires shall be permitted on state scenic trails except in areas with support facilities specifically designated for such purpose.

(2) State recreation trails, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. These trails may be of the following types: foot, horse, off-road motorized vehicles or nonmotorized bicycles as specifically designated by the department.

(3) Connecting or side trails, which will provide additional points of public access to state recreation trails, state scenic trails, or which will provide connections between such trails. They shall be of the nature of the trails they serve.

History: Created 1974 Ky. Acts ch. 288, sec. 4.

148.640 Criteria for various classes of trails.

Criteria for establishing the different classes of trails named in KRS 148.630 shall be as follows:

(1) State scenic trails shall traverse mostly scenic and natural areas and shall be of sufficient length that they cannot be travelled in one (1) day or less. Scenic trails shall be narrow paths causing the minimum disturbance to the natural environment and shall be restricted to foot travel with all other modes of locomotion prohibited, except as set forth in KRS 148.630(1) and 148.720.

(2) Horse and bicycle trails shall have a surface and overhead clearance appropriate for their designated mode of locomotion. Motorized vehicles of any kind shall be barred from foot, horse, and bicycle trails, except as set forth in KRS 148.720.

History: Created 1974 Ky. Acts ch. 288, sec. 5.

148.650 Establishment and designation of trails.

(1) State scenic trails shall be established and designated by the department on lands administered by the department and on lands under the jurisdiction of a state department, political subdivision, or private lands providing:

(a) Such trails are not located in nor traverse any state-owned wildlife management area; and

(b) Such trails meet the criteria established in KRS 148.610 to 148.780 and supplementary criteria as may be prescribed by the department.

(2) The department may establish and designate state recreation trails on lands administered by the department and on lands under the jurisdiction of a state department, political subdivision, or private lands providing:

(a) Such trails are not located in nor traverse any state-owned wildlife management area;

(b) Such trails are reasonably accessible to urban areas;

(c) Such trails meet the criteria established in KRS 148.610 to 148.780 and supplementary criteria as may be prescribed by the department; and

(d) Fee simple, scenic easements, or other rights are obtained from private landowners through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under the provisions of federal law and the provisions of paragraphs (b) and (c) of this subsection.

(3) As provided in this section, trails within park, forest, recreation areas, state natural areas, or any other public area excluding state-owned wildlife management areas may be established and designated state recreation trails by the department.

(4) Connecting or side trails within park, forest, recreation areas, or natural areas may be established, designated, and marked as components of a state recreation or state scenic trail.

History: Created 1974 Ky. Acts ch. 288, sec. 6.

148.660 Proposals for additions to system.

The commissioner shall study and from time to time submit to the Governor and the General Assembly proposals for additions to the state scenic trails system and recreation trails that have been designated by the department, regarding rights-of-way that have been established and on the program for implementing KRS 148.610 to 148.780. Each proposal shall include a short statement on the significance of the various trails to the system.

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 373, sec. 1, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 288, sec. 7.

148.670 Process of locating routes of trails.

The process of locating routes of trails in the system shall be as follows:

(1) For state scenic trails, the department shall select a route. The selected route shall be compatible with the preservation and enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions.

(2) For state recreation trails and for connecting or side trails, the department shall select the route; provided, however, that when a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route.

(3) In selecting routes and implementing KRS 148.610 to 148.780, the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation, and outdoor recreation. Furthermore, the General Assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of KRS 148.610 to 148.780.

(4) In the selection of the route for any trail, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops, or with the livestock, or pasture land, and such trail may then follow existing farm roads. The owner of such farm lands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land.

History: Created 1974 Ky. Acts ch. 288, sec. 8.

148.680 Information forwarded by state agencies.

All state agencies shall inform the commissioner of any proceedings, studies, or other activities which may affect any component of the system.

History: Created 1974 Ky. Acts ch. 288, sec. 9.

148.690 Determination of boundaries of abandoned rights-of-way and abandoned railroad corridors -- Evaluation of potential for conversion to railtrail.

(1) The department shall review all formal declarations of railroad right-of-way abandonments by the Surface Transportation Board or other agency with jurisdiction and may review former railroad corridors for possible inclusion in the state trails system. The commissioner shall, within three (3) years after the route of a trail or trail segment included in the system has been located, determine the boundaries of the right-of-way to be associated with that trail. Such boundaries shall be established in such a manner that they protect the scenic value of the trail.

(2) The commissioner is authorized to develop effective procedures to assure that, wherever practicable, utility rights-of-way, abandoned railroad corridors, or similar properties having value for trail purposes may be made available for such use; however, the commissioner shall take into consideration the rights of adjacent property owners in the development of any such procedures. Other departments of state government having jurisdiction, control over, or information concerning the use, abandonment, or disposition of rights-of-way, railroad corridors, and similar properties that may be suitable for trail purposes shall cooperate with the commissioner in the transfer of these rights for trail use. These procedures shall include, at a minimum, that, for every railroad corridor that is the subject of a request for federal authority to discontinue service or for federal regulatory abandonment, the commissioner shall evaluate the potential of converting that corridor into a railtrail. The commissioner shall cause a preliminary review to be completed within thirty (30) days of the publication of the request for federal authority in the Federal Register. The commissioner shall cause a final review to be completed ninety (90) days after the publication of the request for federal authority in the Federal Register. The commissioner shall timely transmit copies of these reviews to the Legislative Research Commission and to the Commonwealth's Railtrail Development Office in the Department for Local Government as they are completed. If either review indicates the possibility of converting the corridor into a railtrail, the commissioner may participate in the federal proceeding to request that the corridor be railbanked in accordance with federal law or to request the imposition of a public use condition.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 117, sec. 73, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 76, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 338, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 373, sec. 2, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 288, sec. 10.

148.700 Acquisition of land or interest in land.

Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state, lands in fee title, or interest in land in the form of scenic easements, or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds, funds appropriated by the General Assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. Such acquisition should not interfere with the growing of crops, or with the livestock, or pasture land on the remaining property of the farm owner.

History: Created 1974 Ky. Acts ch. 288, sec. 11.

148.710 Preservation of natural vegetation, etc.

Within the exterior boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in KRS 148.750. The department shall make every effort to avoid any use of the right-of-way that is incompatible with the purposes for which the trails were established. Development and management of each segment of the state trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to insure continual maximum benefits from the land. Other uses along the trail which will not substantially interfere with the nature and purposes of the trail may be permitted by the department; provided, that the owner of real property adjacent to any part of the system may hunt on that portion of the system which is adjacent to his property.

History: Created 1974 Ky. Acts ch. 288, sec. 12.

148.720 Limitation on use of motorized vehicles.

The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited and nothing in KRS 148.610 to 148.780 shall be construed as authorizing the use of motorized vehicles in these rights-of-way; provided, that the department shall establish regulations which shall authorize the use of motorized vehicles when such vehicles are required to meet emergencies where life or health is at risk, for the maintenance of established trails, or to enable present or adjacent landowners or land users to have access to their lands or timber rights where no reasonable alternative method of access exists or could be constructed. Prosecution for violation of this section may be initiated by a peace officer who witnessed an offense in violation of this section or by any private citizen who witnessed any violation of this section who is willing to make the initial charge and testify for the state.

History: Created 1974 Ky. Acts ch. 288, sec. 13.

148.730 Effect of statutes on lands which are a part of more than one system.

Any component of the system that is a part of any state park, recreation area, or similar area shall be subject to the provisions of KRS 148.610 to 148.780 and the acts under which the other areas are administered, and in the case of conflict between the provisions of these acts the more restrictive provisions shall apply.

History: Created 1974 Ky. Acts ch. 288, sec. 14.

148.740 Trail markers.

The department, in consultation with appropriate governmental agencies, and public and private organizations, shall establish a marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail; provided, that where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be marked with paint or other simple means.

History: Created 1974 Ky. Acts ch. 288, sec. 15.

148.750 Administration of system -- Responsibility.

The Kentucky Trails System shall be administered by the department according to the policies and criteria set forth in KRS 148.610 to 148.780. The department shall have the responsibility for maintaining the trails and building bridges, campsites, shelters, and related public-use facilities where required. The department shall establish a trails coordinator to carry out the purposes of KRS 148.610 to 148.780.

Effective: July 15, 1998

History: Amended 1998 Ky. Acts ch. 373, sec. 3, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 288, sec. 16.

148.760 Procedure for relocation.

Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trails were established. Relocation may be accomplished by the department after consultation with other governmental agencies involved and following publication of notice in a newspaper of general circulation, together with maps and descriptions. In establishing the new location and right-of-way the procedures set forth in KRS 148.670 through 148.710, inclusive, shall be followed.

History: Created 1974 Ky. Acts ch. 288, sec. 17.

148.770 Coordination with national trails system.

Nothing in KRS 148.610 to 148.780 shall preclude a component of the state trails system from becoming a part of the national trails system. The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of the state's trails in the national trails system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a state component of the national trails system, provided such agreements for administration of land uses are not less restrictive than those set forth in KRS 148.610 to 148.780.

History: Created 1974 Ky. Acts ch. 288, sec. 18.

148.775 Coordination of efforts to develop bicycling opportunities.

The department shall coordinate its efforts with and work with the Transportation Cabinet in so far as the provisions of KRS 148.610 to 148.780 and the provisions of KRS 174.100, 174.120, and 174.125 can be used to develop bicycling opportunities in the state.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 373, sec. 4, effective July 15, 1998.

148.780 Owner's consent required for access to or use of premises.

Nothing in KRS 148.610 to 148.780 shall be construed as authorizing any person to enter upon or use the land in any manner without the consent of the owner.

History: Created 1974 Ky. Acts ch. 288, sec. 19.

148.790 Citation of KRS 148.610 to 148.780.

KRS 148.610 to 148.780 may be cited as the "Kentucky Trails System Act."

History: Created 1974 Ky. Acts ch. 288, sec. 1.

148.795 Repealed, 2017.

[Repealed]

148.796 Repealed, 2017.

[Repealed]

State Parks Capital Maintenance and Renovation State Parks Capital Maintenance and Renovation

148.800 Park capital maintenance and renovation fund.

There is hereby established in the State Treasury a separate trust and agency account to be known as the "Park Capital Maintenance and Renovation Fund" to be administered by the Department of Parks, with the approval of the Governor's Office for Policy and Management, for the purposes provided for in KRS 148.800 to 148.810. The balance of any moneys accruing to this fund in any fiscal year shall not lapse but shall be carried forward to the next fiscal year or biennium.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 433, sec. 1, effective July 15, 1994.

148.805 Moneys attributable to increases in fees and charges after August 1, 1994, to be deposited in fund.

(1) On or after August 1, 1994, there shall be deposited in the fund created in KRS 148.800, the moneys attributable to any increase in fees and charges at the state's parks made by the department and designated by the commissioner as an increase for the purpose of KRS 148.800 to 148.810.

(2) Any increase in fees and charges made pursuant to subsection (1) of this section shall be used to supplement rather than to replace other anticipated department funding sources or budgeted expenditure accounts.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 433, sec. 2, effective July 15, 1994.

148.810 Use of moneys in fund.

(1) Funds in the park capital maintenance and renovation fund shall be used for the maintenance and renovation of park facilities. Maintenance shall include equipment purchases, used primarily in the maintenance of infrastructure and park facilities, and expenditures related to preventative maintenance of capital assets. Renovation includes the replacement of depreciable assets, including furnishings, and purchase of depreciable assets which enhance the quality of the parks.

(2) In no case shall the moneys from the fund be expended on:

(a) New capital project construction;

(b) Any new maintenance or renovation project estimated to cost four hundred thousand dollars ($400,000) or more in cash or other consideration; or

(c) Any new item of equipment estimated to cost one hundred thousand dollars ($100,000) or more in cash or other consideration.

(3) Moneys in the park capital maintenance and renovation fund may be used to provide additional funding for any capital project, as defined in KRS 45.750, that received line item authorization from the General Assembly in any executive branch budget bill only if the state budget director or the director's designee submits the proposed allocation to the Capital Projects and Bond Oversight Committee at least fourteen (14) days prior to the committee meeting, in accordance with the provisions of KRS 45.800.

(4) Notwithstanding the provisions of KRS 45.760(6), moneys in the park capital maintenance and renovation fund shall not be used to provide additional funding for any capital project, as defined in KRS 45.750, that received line item authorization from the General Assembly in any executive branch budget bill, and that has already received maximum additional funding as permitted by KRS 45.760(6) unless the state budget director or the director's designee submits the proposed allocation to the Capital Projects and Bond Oversight Committee at least fourteen

(14) days prior to the committee meeting, in accordance with the provisions of KRS 45.800. In addition to the requirements of KRS 45.800, the submission shall include a written certification that:

(a) Due to extraordinary circumstances, which shall be described, additional funds are necessary for the project to be completed in a manner that will allow it to serve its intended purpose; and

(b) The use of funds from the parks capital maintenance and renovation fund do not unduly compromise the routine maintenance and renovation needs that the fund was created to address.

(5) The commissioner shall, by September 1 of each year, report to the Legislative Research Commission the receipts, expenditures, and any amounts carried forward for the fiscal year ending on June 30 of that year from the fund established in KRS 148.800.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 78, sec. 38, effective June 25, 2009. -- Amended 1998 Ky. Acts ch. 26, sec. 1, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 433, sec. 3, effective July 15, 1994. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, M, 4, (1) at 2113.

148.815 Repealed, 2005.

[Repealed]

148.820 Repealed, 2005.

[Repealed]

148.825 Repealed, 2005.

[Repealed]

Promotion of Kentucky Products Promotion of Kentucky Products

148.830 Program to promote sale of Kentucky-grown products in state resort parks -- Administrative regulations.

The Department of Parks shall establish a promotion program within the Department of Parks to promote the sale of Kentucky-grown agricultural products, as defined in KRS 260.016, in state resort park restaurants, gift shops, concessions, and golf courses. The promotion program shall operate in conjunction with the Kentucky Proud™ Program in accordance with KRS 260.017. The commissioner of the Department of Parks shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the promotion program no later than October 1, 2011.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 19, sec. 2, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 154, sec. 2, effective July 15, 2008. -- Created 2002 Ky. Acts ch. 344, sec. 3, effective July 15, 2002.

148.832 State resort park contracts to promote sale of Kentucky-grown products.

(1) Any contract for the provision and sale of food services and agricultural products in state resort park restaurants, gift shops, concessions, and golf courses shall promote the sale of Kentucky-grown agricultural products under the Kentucky Proud™ Program in accordance with KRS 45A.645, 148.830, 148.835, and 260.017.

(2) Only contracts entered into or renewed after June 8, 2011, shall be required to comply with the provisions of this section.

Effective: June 8, 2011

History: Created 2011 Ky. Acts ch. 19, sec. 1, effective June 8, 2011.

148.835 Promotion program requiring state parks to purchase Kentucky agricultural products -- Administrative regulations.

The Department of Parks shall establish a promotion program within the Department of Parks to require that if purchasing agricultural products, state parks purchase Kentucky- grown agricultural products if the purchasing officer determines that they are available, can be priced on the menu to encourage their sale, and meet the quality standards set by the Department of Parks. The commissioner of the Department of Parks shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the promotion program as set forth in this section no later than October 1, 2011.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 19, sec. 3, effective June 8, 2011. -- Created 2002 Ky. Acts ch. 344, sec. 4, effective April 23, 2002.

148.840 Steering committee to assist in promotion -- Recommendation -- Reports -- Termination.

(1) The Department of Parks shall establish a steering committee which shall consist of:

(a) The secretary of the Finance and Administration Cabinet, or a designee;

(b) The Commissioner of Agriculture, or a designee;

(d) The director of the Agriculture Development Board, or a designee;

(e) The coordinator of the Kentucky State University Aquaculture Program, or a designee;

(f) The chairperson of the horticulture department at the University of Kentucky, or a designee; and

(g) Two (2) members of organizations and associations representing the Kentucky farming community, appointed by the Commissioner of Agriculture.

(2) The steering committee shall plan and assist in the implementation of the promotion program identified in KRS 148.830 and 148.835.

(3) The steering committee shall recommend by October 1, 2011, the structure and objectives of the promotion program identified in KRS 148.830 and 148.835.

(4) Upon implementation of the promotion program identified in KRS 148.830 and 148.835, the steering committee shall evaluate the promotion program and submit an initial report to the Governor, the secretary of the Finance and Administration Cabinet, and the Legislative Research Commission no later than July 1, 2012, and subsequent annual reports no later than July 1 of each year thereafter.

(5) The steering committee shall continue to meet at least once each year at a date and location to be determined by its members to ensure the continuation of the promotion program.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 19, sec. 4, effective June 8, 2011. -- Created 2002 Ky. Acts ch. 344, sec. 5, effective July 15, 2002.

Financing of Tourism Development Financing of Tourism Development

148.850 Tourism Development Finance Authority created -- Members -- Terms -- Conflicts of interest -- Powers.

(1) The Tourism Development Finance Authority is created within the Tourism, Arts and Heritage Cabinet. The authority shall consist of nine (9) members appointed by the Governor, at least one (1) of whom shall represent individuals with professional experience in financial management or economic development. The members of the authority shall serve without compensation but shall be entitled to reimbursement for their necessary expenses incurred in performing their duties. Of the members initially appointed to the authority, two (2) members shall be appointed for terms of one (1) year, three (3) members shall be appointed for terms of two (2) years, and two (2) members shall be appointed for terms of three (3) years. Thereafter, the members of the authority shall be appointed for terms of four (4) years.

(2) The Governor shall appoint one (1) member as chairperson of the Tourism Development Finance Authority. The members of the authority may elect other officers as they deem necessary.

(3) No member of the Tourism Development Finance Authority shall either directly or indirectly be a party to, or be in any manner interested in, any contract or agreement with the authority for any matter, cause, or thing that creates any liability or indebtedness against the authority.

(4) The Tourism Development Finance Authority shall have the powers necessary to carry out the purposes of this section, KRS 139.536, and KRS 148.851 to 148.860, including but not limited to the power to:

(a) Employ fiscal consultants, attorneys, appraisers, and other agents on behalf of the authority whom the authority deems necessary or convenient for the preparation and administration of agreements and documents necessary or incidental to any project. The fees for the services provided by persons employed on behalf of the authority shall be paid by the beneficiary of a loan under this program directly to the person providing consultation, advisory, legal, or other services; and

(b) Impose and collect fees and charges in connection with any transaction and provide for reasonable penalties for delinquent payment of fees and charges.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 156, sec. 24, effective June 29, 2021. -- Amended 2017 Ky. Acts ch. 132, sec. 2, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 16, sec. 26, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 23, effective June 20, 2005. -- Created 2001 Ky. Acts ch. 1, sec. 1, effective June 21, 2001.

148.851 Definitions for KRS 148.851 to 148.860.

As used in 148.851 to 148.860, unless the context clearly indicates otherwise:

(1) "Agreement" means the tourism development agreement entered into between the authority and an approved company;

(2) "Approved company" means any eligible company that has received final approval to receive incentives provided under KRS 148.853;

(3) "Approved costs" means the amount of eligible costs approved by the authority upon completion of the project;

(4) "Authority" means the Kentucky Tourism Development Finance Authority as set forth in KRS 148.850;

(5) "Cabinet" means the Tourism, Arts and Heritage Cabinet;

(6) "Crafts and products center" means a facility primarily devoted to the display, promotion, and sale of Kentucky products, and at which a minimum of eighty percent (80%) of the sales occurring at the facility are of Kentucky arts, crafts, or agricultural products;

(7) "Eligible company" means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, business trust, or any other entity operating or intending to operate a tourism development project;

(8) "Eligible costs" means:

(a) Obligations incurred for labor and amounts paid to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism development project;

(b) The costs of acquiring real property or rights include the acquisition of real property by a leasehold interest with a minimum term of ten (10) years, and any costs incidental thereto;

(c) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism development project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided;

(d) All costs of architectural and engineering services, including but not limited to estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism development project;

(e) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism development project;

(f) All costs required for the installation of utilities, including but not limited to water, sewer, sewer treatment, gas, electricity and communications, and including off-site construction of the facilities paid for by the approved company; and

(g) All other costs comparable with those described in this subsection, excluding costs subject to refund under KRS 154.20-202, 154.20-204, 154.20-206, 154.20-208, and 154.20-210 or Subchapter 31 of KRS Chapter 154;

(9) "Entertainment destination center project" means a facility that meets the requirements of KRS 148.853(2)(b);

(10) "Final approval" means the action taken by the authority authorizing the eligible company to receive incentives under KRS 139.536 and 148.851 to 148.860;

(11) "Full-service lodging facility" means a facility that provides overnight sleeping accommodations, including private bathrooms and all of the following:

(a) On-site dining facilities;

(b) Room service;

(d) Meeting space;

(12) "Heritage county" means a county where the county population ranking determined by the Cabinet for Economic Development under KRS 154.21-017 scores greater than or equal to ninety-seven (97);

(13) "Incentives" means the Kentucky sales tax refund as prescribed in KRS 139.536;

(14) "Kentucky sales tax" means the sales tax imposed by KRS 139.200;

(15) "Lodging facility project" means a full-service lodging facility that:

(a) 1. Is located on recreational property owned or leased by the Commonwealth or the federal government;

Involves the restoration or rehabilitation of a structure that:

a. Is listed individually on the National Register of Historic Places; or

b. Is located in the National Register Historic District; and is certified by the Kentucky Heritage Council as contributing to the historic significance of the district, and the rehabilitation or restoration of the structure has been approved in advance by the Kentucky Heritage Council;

Is an integral part of a major convention or sports facility;
Is located:

a. Within a fifty (50) mile radius of a property listed on the National Register of Historic Places with a current function of recreation and culture; and

b. In any of the one hundred (100) least-populated counties in the Commonwealth, in terms of population density, according to the most recent census;

Is located on property:

a. Owned by the Commonwealth, or leased by the Commonwealth from the federal government;

b. Acquired for use in the state park system pursuant to KRS 148.028; and

c. Operated by the Kentucky Department of Parks pursuant to KRS 148.021 or the Kentucky Horse Park Commission pursuant to KRS 148.258 to 148.320;

Is located on property:

a. Owned or leased by the federal government and under the control of the Department of the Interior; or

b. Owned by the Commonwealth and in the custody of the State Fair Board as provided in KRS 247.140;

Is part of a tourism attraction project, entertainment destination center project, or theme restaurant destination attraction project and the full- service lodging facility represents less than fifty percent (50%) of the total eligible costs; or
Has not less than five hundred (500) guest rooms; or

(b) 1. Is located:

a. In any of the one hundred (100) least-populated counties in the Commonwealth, in terms of population density, according to the most recent decennial census;

b. In a county, the boundaries of which:

i. Include, in part, the boundaries of a designated national forest; or

ii. Are adjacent to or include a portion of parallel reservoirs of water surrounding a national recreation area;

c. Within a heritage county and will create at least fifty (50) new full- time jobs within that county; and

d. Within one-half (1/2) mile of a state resort park;

Has a capital investment of at least one hundred million dollars ($100,000,000); and
Contains accommodations for:

a. Lodging, with a minimum of one hundred (100) guest rooms, cabins, or rental units;

b. Relaxation, including a spa;

c. More than one (1) on-site dining facility; and

d. More than one (1) meeting or event space;

(16) "Net positive fiscal impact" means the amount by which increased state tax revenues will exceed the incentives given;

(17) "Preliminary approval" means the action taken by the authority conditionally approving an eligible company for the incentives under KRS 139.536 and 148.851 to 148.860;

(18) "Recreational facility" means a structure or outdoor area that:

(a) Provides visitors recreational opportunities, including but not limited to amusement parks, boating, hiking, horseback riding, hunting, fishing, camping, wildlife viewing, live theater, rock climbing, and all-terrain vehicle trails; and

(b) Serves as a likely destination where individuals who are not residents of the Commonwealth would remain overnight in commercial lodging at or near the recreational facility;

(19) "Theme restaurant destination attraction project" means a restaurant facility that meets the requirements for incentives under KRS 148.853(2)(c);

(20) (a) "Tourism attraction project" means:

A cultural or historical site;
A recreational facility;
An entertainment facility;
An area of natural phenomenon or scenic beauty; or
A Kentucky crafts and products center;

(b) "Tourism attraction project" does not include facilities that are primarily devoted to the retail sale of goods, other than a Kentucky crafts and products center, or a tourism attraction where the sale of goods is a secondary and subordinate component of the attraction; and

(21) "Tourism development project" means:

(a) A tourism attraction project;

(b) A theme restaurant destination attraction project;

(d) A lodging facility project.

Effective: April 27, 2026

History: Amended 2026 Ky. Acts ch. 198, sec. 24, effective April 27, 2026. -- Amended 2025 Ky. Acts ch. 98, sec. 11, effective June 27, 2025. -- Amended 2014 Ky. Acts ch. 104, sec. 1, effective July 15, 2014. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 36, effective June 26, 2009. -- Amended 2009 Ky. Acts ch. 16, sec. 27, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 149, sec. 206, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 95, sec. 24, effective June 20, 2005; ch. 184, sec. 15, effective June 20, 2005; and ch. 168, sec. 46, effective March 18, 2005. -- Amended 2004 Ky. Acts ch. 105, sec. 23, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 73, sec. 3, effective March 18, 2003. -- Amended 2002 Ky. Acts ch. 338, sec. 43, effective April 11, 2002. -- Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 1, sec. 1, effective February 7, 2000. -- Amended 1998 Ky. Acts ch. 48, sec. 11, effective July 15, 1998; and ch. 238, sec. 1, effective April 1, 1998. -- Created 1996 Ky. Acts ch. 335, sec. 1, effective July 15, 1996.

Legislative Research Commission Note (6/26/2009). In 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 36, because of a manifest clerical or typographical error, the definition of "authority," referring to the Kentucky Tourism Development Finance Authority, was inadvertently deleted from this statute. It has been restored in codification by the Reviser of Statutes under the authority of KRS 7.136 and subsequent subsections have been renumbered accordingly.

Legislative Research Commission Note (6/26/2009). For the purpose of clarification and after consultation with the drafter, the internal numbering of renumbered subsection (14) of this statute has been changed by the Reviser of Statutes from the way it appeared in 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 36, subsec. (13), under the authority of KRS 7.136.

Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 168, sec. 165, provides that the amendments to KRS 148.851 in 2005 Ky. Acts ch. 168, sec. 46, "relating to income tax changes and incentives, shall apply to tax years beginning on or after January 1, 2005."

Legislative Research Commission Note (6/21/2001). This is former KRS 154.29-010 as amended by 2001 Ky. Acts ch. 1, sec. 2, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.853 Legislative findings -- Qualifications for incentives -- Incentives available. (Effective until July 1, 2027)

(1) The General Assembly finds and declares that:

(a) The general welfare and material well-being of the citizens of the Commonwealth depend in large measure upon the development of tourism in the Commonwealth;

(b) It is in the best interest of the Commonwealth to provide incentives for the creation of new tourism attractions and the expansion of existing tourism attractions within the Commonwealth in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the incentives offered by the authority to approved companies, and by preserving and creating sources of tax revenues for the support of public services provided by the Commonwealth;

(c) The authorities granted by KRS 148.851 to 148.860 are proper governmental and public purposes for which public moneys may be expended; and

(d) That the creation or expansion of tourism development projects is of paramount importance mandating that the provisions of KRS 139.536 and KRS 148.851 to 148.860 be liberally construed and applied in order to advance public purposes.

(2) To qualify for incentives provided in KRS 139.536 and 148.851 to 148.860, the following requirements shall be met:

(a) For a tourism attraction project:

The total eligible costs shall exceed one million dollars ($1,000,000), except for a tourism attraction project located in a county designated as a heritage county at the time the eligible company becomes an approved company as provided in KRS 148.857(6), the total eligible costs shall exceed five hundred thousand dollars ($500,000);
In any year, including the first year of operation, the tourism attraction project shall be open to the public at least one hundred (100) days; and
In any year following the third year of operation, the tourism attraction project shall attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;

(b) For an entertainment destination center project:

The total eligible costs shall exceed five million dollars ($5,000,000);
The facility shall contain a minimum of two hundred thousand (200,000) square feet of building space adjacent or complementary to an existing tourism attraction project or a major convention facility;
The incentives shall be dedicated to a public infrastructure purpose that shall relate to the entertainment destination center project;
In any year, including the first year of operation, the entertainment destination center project shall:

a. Be open to the public at least one hundred (100) days per year;

b. Maintain at least one (1) major theme restaurant and at least three

(3) additional entertainment venues, including but not limited to live entertainment, multiplex theaters, large-format theater, motion simulators, family entertainment centers, concert halls, virtual reality or other interactive games, museums, exhibitions, or other cultural and leisure-time activities; and

c. Maintain a minimum occupancy of sixty percent (60%) of the total gross area available for lease with entertainment and food and drink options not including the retail sale of tangible personal property; and

In any year following the third year of operation, the entertainment destination center project shall attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;

The total eligible costs shall exceed five million dollars ($5,000,000);
In any year, including the first year of operation, the attraction shall:

a. Be open to the public at least three hundred (300) days per year and for at least eight (8) hours per day; and

b. Generate no more than fifty percent (50%) of its revenue through the sale of alcoholic beverages;

In any year following the third year of operation, the theme restaurant destination attraction project shall attract a minimum of fifty percent (50%) of its visitors from among persons who are not residents of the Commonwealth; and
The theme restaurant destination attraction project shall:

a. At the time of final approval, offer a unique dining experience that is not available in the Commonwealth within a one hundred (100) mile radius of the attraction;

b. In any year, including the first year of operation, maintain seating capacity of four hundred fifty (450) guests and offer live music or live musical and theatrical entertainment during the peak business hours that the facility is in operation and open to the public; or

c. Within three (3) years of the completion date, the attraction shall obtain a top two (2) tier rating by a nationally accredited service and shall maintain a top two (2) tier rating through the term of the agreement;

(d) For a lodging facility project defined in KRS 148.851(15)(a):

a. The eligible costs shall exceed five million dollars ($5,000,000) unless the provisions of subdivision b. of this subparagraph apply.

b. i. If the lodging facility is an integral part of a major convention or sports facility, the eligible costs shall exceed six million dollars ($6,000,000); and

ii. If the lodging facility includes five hundred (500) or more guest rooms, the eligible costs shall exceed ten million dollars ($10,000,000); and

In any year, including the first year of operation, the lodging facility shall:

a. Be open to the public at least one hundred (100) days; and

b. Attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;

(e) For a lodging facility project defined in KRS 148.851(15)(b):

The eligible costs shall exceed one hundred million dollars ($100,000,000); and
The lodging facility shall:

a. Be open to the public at least one hundred (100) days each year, including the first year of operation; and

b. In any year following the third year of operation, attract a minimum of twenty-five percent (25%) of its overnight visitors from among persons who are not residents of the Commonwealth;

(f) Any tourism development project shall not be eligible for incentives if it includes material determined to be lewd, offensive, or deemed to have a negative impact on the tourism industry in the Commonwealth; and

(g) An expansion of any tourism development project shall in all cases be treated as a new stand-alone project.

(3) (a) The incentives offered to an approved company under the Kentucky Tourism Development Act may include a sales tax incentive based on the Kentucky sales tax imposed on sales generated by or arising at the tourism development project.

(b) 1. For a tourism development project other than a lodging facility project described in subparagraph 4. or 5. of this paragraph:

a. A sales tax incentive shall be allowed to an approved company over a period of ten (10) years, except as provided in subparagraphs 7. and 8. of this paragraph; and

b. The sales tax incentive shall not exceed the lesser of the total amount of the sales tax liability of the approved company and its lessees or a percentage of the approved costs as specified by the agreement, not to exceed twenty-five percent (25%).

For projects approved according to the application period established under KRS 148.8531, a tourism attraction project located in a heritage county at the time the eligible company becomes an approved company as provided in KRS 148.857(6):

a. A sales tax incentive shall be allowed to the approved company over a period of ten (10) years; and

For applications considered after June 27, 2025, including projects related to property to which the title passed from a seller to a buyer on or after March 1, 2025, a tourism attraction project located in a heritage county with a population equal to or less than twenty thousand (20,000) based on the most recent decennial census at the time the eligible company becomes an approved company as provided in KRS 148.857(6):

a. A sales tax incentive shall be allowed to the approved company over a period of twenty (20) years; and

For a lodging facility project described in KRS 148.851(15)(a)5. or 6.:

a. A sales tax incentive shall be allowed to the approved company over a period of twenty (20) years; and

b. The sales tax incentive shall not exceed the lesser of total amount of the sales tax liability of the approved company and its lessees or a percentage of the approved costs as specified by the agreement, not to exceed fifty percent (50%).

For a lodging facility project described in KRS 148.851(15)(b), a sales tax incentive that shall:

a. Be allowed to the approved company over a period of twenty (20) years; and

b. Not exceed the lesser of the total amount of sales tax liability of the approved company and its lessees or a percentage of the approved costs as specified by the agreement, not to exceed fifty percent (50%).

Any unused incentives from a previous year may be carried forward to any succeeding year during the term of the agreement until the entire specified percentage of the approved costs has been received through sales tax incentives.
If the approved company is an entertainment destination center that has dedicated at least thirty million dollars ($30,000,000) of the incentives provided under the agreement to a public infrastructure purpose, the agreement may be amended to extend the term of the agreement up to two (2) additional years if the approved company agrees to:

a. Reinvest in the original entertainment destination project one hundred percent (100%) of any incentives received during the extension that were outstanding at the end of the original term of the agreement; and

b. Report to the authority at the end of each fiscal year the amount of incentives received during the extension and how the incentives were reinvested in the original entertainment destination project.

The term of a tourism development agreement entered into with a tourism attraction project that was in effect on January 1, 2020, shall be extended for one (1) year if the tourism attraction project:

a. Has historically been open to the public on a seasonal basis consisting of less than six (6) months;

b. Has previously met the requirement of being open to the public at least one hundred (100) days during the entire term of the tourism development agreement as required under subsection (2)(a)2. of this section;

c. Failed to be open to the public at least one hundred (100) days during the calendar year 2020 solely as a result of complying with one (1) or more executive orders issued by the Governor under the authority of KRS 39A.090 that prevented the tourism attraction project from being open to the public for at least one hundred

(100) days during its normal operating season; and

d. Applied for a sales tax incentive related to the calendar year 2020 operating season and was denied the sales tax incentive solely on the basis that the tourism attraction project was not open to the public for at least one hundred (100) days in calendar year 2020.

Effective: April 27, 2026

History: Amended 2026 Ky. Acts ch. 198, sec. 25, effective April 27, 2026. -- Amended 2025 Ky. Acts ch. 98, sec. 12, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 92, sec. 25, effective March 24, 2023. -- Amended 2017 Ky. Acts ch. 132, sec. 3, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 104, sec. 2, effective July 15, 2014. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 37, effective June 26, 2009. -- Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 3, effective June 21, 2001. -- Created 1996 Ky. Acts ch. 335, sec. 2, effective July 15, 1996. Formerly codified as KRS 154.29-020.

Legislative Research Commission Note (6/27/2019). This statute was amended in 2019 Ky. Acts ch. 151, sec. 60 (HB 354). Although HB 354 was enacted, 2019 Ky. Acts ch. 196, sec. 16 (HB 458) repealed certain sections of that prior Act, including Section 60, and directed the Reviser of Statutes to not codify them. Therefore, the amendment to this statute in 2019 Ky. Acts ch. 151, sec. 60, was not codified.

Legislative Research Commission Note (6/26/2009). In codification, the Reviser of Statutes has corrected a manifest clerical or typographical error in 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 37, subsection (3)(b)1. and 2. (this statute), by replacing an incorrect reference to "KRS 148.851(13)(e) or (f)" with the correct reference to "KRS 148.851(14)(e) or (f)."

Legislative Research Commission Note (1/25/2009). This is former KRS 154.29-020 as amended by 2001 Ky. Acts ch. 1, sec. 3, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.853 Legislative findings -- Qualifications for incentives -- Incentives available. (Effective July 1, 2027)

(1) The General Assembly finds and declares that:

(a) The general welfare and material well-being of the citizens of the Commonwealth depend in large measure upon the development of tourism in the Commonwealth;

(c) The authorities granted by KRS 148.851 to 148.860 are proper governmental and public purposes for which public moneys may be expended; and

(2) To qualify for incentives provided in KRS 139.536 and 148.851 to 148.860, the following requirements shall be met:

(a) For a tourism attraction project:

The total eligible costs shall exceed one million dollars ($1,000,000), except for a tourism attraction project located in a county designated as a heritage county at the time the eligible company becomes an approved company as provided in KRS 148.857(6), the total eligible costs shall exceed five hundred thousand dollars ($500,000);
In any year, including the first year of operation, the tourism attraction project shall be open to the public at least one hundred (100) days; and
In any year following the third year of operation, the tourism attraction project shall attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;

(b) For an entertainment destination center project:

The total eligible costs shall exceed five million dollars ($5,000,000);
The facility shall contain a minimum of two hundred thousand (200,000) square feet of building space adjacent or complementary to an existing tourism attraction project or a major convention facility;
The incentives shall be dedicated to a public infrastructure purpose that shall relate to the entertainment destination center project;
In any year, including the first year of operation, the entertainment destination center project shall:

a. Be open to the public at least one hundred (100) days per year;

b. Maintain at least one (1) major theme restaurant and at least three

In any year following the third year of operation, the entertainment destination center project shall attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;

The total eligible costs shall exceed five million dollars ($5,000,000);
In any year, including the first year of operation, the attraction shall:

a. Be open to the public at least three hundred (300) days per year and for at least eight (8) hours per day; and

b. Generate no more than fifty percent (50%) of its revenue through the sale of alcoholic beverages;

In any year following the third year of operation, the theme restaurant destination attraction project shall attract a minimum of fifty percent (50%) of its visitors from among persons who are not residents of the Commonwealth; and
The theme restaurant destination attraction project shall:

a. At the time of final approval, offer a unique dining experience that is not available in the Commonwealth within a one hundred (100) mile radius of the attraction;

(d) For a lodging facility project defined in KRS 148.851(15)(a):

a. The eligible costs shall exceed five million dollars ($5,000,000) unless the provisions of subdivision b. of this subparagraph apply.

b. i. If the lodging facility is an integral part of a major convention or sports facility, the eligible costs shall exceed six million dollars ($6,000,000); and

ii. If the lodging facility includes five hundred (500) or more guest rooms, the eligible costs shall exceed ten million dollars ($10,000,000); and

In any year, including the first year of operation, the lodging facility shall:

a. Be open to the public at least one hundred (100) days; and

b. Attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;

(e) For a lodging facility project defined in KRS 148.851(15)(b):

The eligible costs shall exceed one hundred million dollars ($100,000,000); and
The lodging facility shall:

a. Be open to the public at least one hundred (100) days each year, including the first year of operation; and

b. In any year following the third year of operation, attract a minimum of twenty-five percent (25%) of its overnight visitors from among persons who are not residents of the Commonwealth;

(g) An expansion of any tourism development project shall in all cases be treated as a new stand-alone project.

(b) 1. For a tourism development project other than a lodging facility project described in subparagraph 4. or 5. of this paragraph:

a. A sales tax incentive shall be allowed to an approved company over a period of ten (10) years, except as provided in subparagraphs 7. and 8. of this paragraph; and

For projects approved according to the application period established under KRS 148.8531, a tourism attraction project located in a heritage county at the time the eligible company becomes an approved company as provided in KRS 148.857(6):

a. A sales tax incentive shall be allowed to the approved company over a period of ten (10) years; and

For applications considered after June 27, 2025, including projects related to property to which the title passed from a seller to a buyer on or after March 1, 2025, a tourism attraction project located in a heritage county with a population equal to or less than twenty thousand (20,000) based on the most recent decennial census at the time the eligible company becomes an approved company as provided in KRS 148.857(6):

a. A sales tax incentive shall be allowed to the approved company over a period of twenty (20) years; and

For a lodging facility project described in KRS 148.851(15)(a)5. or 6.:

a. A sales tax incentive shall be allowed to the approved company over a period of twenty (20) years; and

For a lodging facility project described in KRS 148.851(15)(b), a sales tax incentive that shall:

a. Be allowed to the approved company over a period of twenty (20) years; and

Any unused incentives from a previous year may be carried forward to any succeeding year during the term of the agreement until the entire specified percentage of the approved costs has been received through sales tax incentives.
If the approved company is an entertainment destination center that has dedicated at least thirty million dollars ($30,000,000) of the incentives provided under the agreement to a public infrastructure purpose, the agreement may be amended to extend the term of the agreement up to two (2) additional years if the approved company agrees to:

The term of a tourism development agreement entered into with a tourism attraction project that was in effect on January 1, 2020, shall be extended for one (1) year if the tourism attraction project:

a. Has historically been open to the public on a seasonal basis consisting of less than six (6) months;

(100) days during its normal operating season; and

a. If an approved company:

i. Qualified for an incentive under subsection (2)(b) of this section;

ii. Had a tourism development agreement in place under subsection (2)(b) of this section that expired; and

iii. Has not been a party to any tourism development agreement relating to the entertainment destination center in the most recently preceding five (5) years; the approved company may enter into a new agreement under subparagraph 1. of this paragraph.

b. The approved company shall agree to:

i. Reinvest in the original entertainment destination center one hundred percent (100%) of any incentives received under the new agreement into the project; and

ii. Report to the authority at the end of each fiscal year the amount of incentives used and how the incentives were reinvested in the original entertainment destination center.

Effective: July 1, 2027

History: Amended 2026 Ky. Acts ch. 198, sec. 25, effective April 27, 2026; and ch. 198, sec. 34, effective July 1, 2027. -- Amended 2025 Ky. Acts ch. 98, sec. 12, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 92, sec. 25, effective March 24, 2023. -- Amended 2017 Ky. Acts ch. 132, sec. 3, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 104, sec. 2, effective July 15, 2014. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 37, effective June 26, 2009. -- Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 3, effective June 21, 2001. -- Created 1996 Ky. Acts ch. 335, sec. 2, effective July 15, 1996. Formerly codified as KRS 154.29-020.

Legislative Research Commission Note (7/1/2027). This statute was amended by 2026 Ky. Acts ch. 198, secs. 25 and 34, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (1/25/2009). This is former KRS 154.29-020 as amended by 2001 Ky. Acts ch. 1, sec. 3, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.8531 Application period for sales tax incentive under KRS 148.853(3)(b)2.

New applications shall not be accepted or considered before August 1, 2014, or after May 1, 2018, for the sales tax incentive provided in KRS 148.853(3)(b)2. All projects with preliminary or final approval under KRS 148.851 to 148.860 on July 31, 2018, shall continue to be governed by KRS 148.851 to 148.860.

Effective: July 15, 2014

History: Created 2014 Ky. Acts ch. 104, sec. 3, effective July 15, 2014.

148.854 Legacy expansion projects -- Purpose -- Eligibility for incentives -- Incentives available -- Application, approval, and monitoring process -- Term of agreement -- Analysis of positive fiscal impact -- Legislative findings.

(1) As used in this section:

(a) "Legacy expansion project" means an expansion project approved under this section; and

(b) "Premier event" means a sports event that:

Is in the premier series or top sanctioned level of all similar types of events staged on a national basis; and
Is broadcast nationally.

(2) The purpose of this section is to encourage the location of premier events in the Commonwealth.

(3) To qualify for incentives under this section, an eligible company or its assignee shall:

(a) Have an existing project under KRS 148.851 to 148.860 that was approved prior to June 26, 2009;

(b) Invest a minimum of thirty million dollars ($30,000,000) in the expansion of the previously approved project;

(c) Present one (1) or more new premier events on an annual basis at the legacy expansion project site. As used in this paragraph, "new premier event" means a premier event that was not presented at the existing project prior to approval of the legacy expansion project; and

(d) Include a facility with a permanent seating capacity of sixty-five thousand (65,000) or more, where premier events will be held.

(4) An approved company meeting the requirements established by subsection (3) of this section shall be eligible to recover the following:

(a) Up to twenty-five percent (25%) of the approved costs expended for the legacy expansion project; and

(b) One hundred percent (100%) of any amounts outstanding under the agreement for the original project between the approved company, or any assignee of the approved company, and the authority.

(5) To obtain the incentives authorized pursuant to this section, an eligible company that meets the requirements of subsection (3) of this section shall file an application for a legacy expansion project with the authority. The legacy expansion project shall be reviewed and evaluated as a new project under KRS 148.851 to 148.860, and the application and review process established in KRS 148.851 to 148.860 shall apply, except as otherwise provided in this section. The cabinet may establish requirements and guidelines for the review and approval of projects under this section that are different from, or in addition to the requirements and guidelines established for the review of projects in general under KRS 148.851 to 148.860.

(6) (a) The application required under subsection (5) of this section shall include a plan describing the eligible company's efforts to promote the hiring of Kentucky residents to be employed in the construction and operation of the legacy expansion project.

The plan shall be submitted in a format, and with sufficient detail to demonstrate that the eligible company has evaluated the following factors in the development of its plan:

a. An analysis of its specific need to employ particular occupations, skills, trades, and technical expertise in the construction and operation of the legacy expansion project;

b. An estimate of the total number of individuals expected to be employed in the construction and operation of the legacy expansion project, which shall include a categorization of construction phase and operational phase employment projections;

c. An analysis of the specific need to employ individuals skilled in specialized tasks or in the operation of specialized equipment unique to the construction or operation of the legacy expansion project, together with an evaluation of the availability of sufficiently skilled laborers within the Commonwealth who may be employed to perform the specialized tasks identified or to work with particular specialized equipment;

d. An analysis of the labor market conditions in Kentucky counties in the vicinity of the legacy expansion project at the time construction of the project is ongoing and during the time at which operations at the project commence, which shall include the eligible company's estimates of the availability of Kentucky laborers of sufficient skill, training, and expertise to perform the work the company requires, during both the construction and operational phases of the project; and

e. An analysis of any other factor the authority and the eligible company may agree upon.

The plan may include any other items the authority and the eligible company may agree upon.
a. The plan may include an expression of hiring targets and preferences for Kentucky residents in a format and with the detail that the authority and eligible company may agree upon.

b. The benchmark hiring target for the construction phase shall be to hire one hundred percent (100%) of contractors from contractors with facilities in Kentucky, and the benchmark hiring target for the operations phase shall be the employment of workers, of whom at least seventy-five percent (75%) are Kentucky residents.

c. Notwithstanding the benchmark targets established by subdivision

b. of this subparagraph, the authority and eligible company may agree upon specific hiring targets after consideration of the analyses required by subparagraph 1. of this paragraph.

d. The plan may set forth preferences for use of materials manufactured in Kentucky, so long as they are competitively priced.

e. In no event shall hiring benchmarks, hiring targets, or any preferences take precedence over the results of a competitive bidding process.

(b) The authority shall not approve the application required by subsection (5) of this section until the eligible company has submitted the plan required by this subsection, and the plan has been evaluated and approved by the authority.

(d) The authority shall review the annual reports filed by an approved company in relation to an approved company's approved plan to determine compliance with the plan. If the authority determines that the approved company has substantially failed to comply with the terms of its plan, the authority may take reasonably necessary measures to ensure compliance with the plan, including but not limited to the withholding of the incentives authorized by this section. If the authority has determined that the approved company has substantially failed to comply with the terms of its plan, it shall provide the eligible company with written notice of this determination, and the eligible company shall be provided a reasonable opportunity to cure any deficiencies prior to the withholding of any incentives.

(7) (a) The initial term of an agreement entered into under this section shall be ten

(10) years. During each year of the agreement term, the approved company shall be eligible to recover one-tenth (1/10) of the total incentives approved by the authority.

(b) If, at the end of the original ten (10) year term of the legacy expansion project agreement, the approved company has not claimed all of the approved incentives available under the legacy expansion project agreement, the authority shall extend the term of the agreement by one (1) year for each year during the original ten (10) year term of the agreement that the approved company met or exceeded the requirements established by subsection (3)(c) of this section. The term of the legacy expansion project agreement, including all extensions, shall not exceed twenty (20) years, and the amount of recovery during each year that the agreement is extended shall be determined on a pro rata basis, based upon the total number of years for which the agreement is extended.

(8) The Kentucky General Assembly recognizes that the benefits accruing to the Commonwealth from a legacy expansion project include benefits beyond those that would typically be considered in making the determination required by KRS 148.855(4)(c). Therefore, the analysis of positive fiscal impact required by KRS 148.855(4)(c) and (5) shall include an accounting of the following social benefits:

(a) The positive impact that the legacy expansion project will have on the existing tourism attraction project;

(b) The positive impact the legacy expansion project will have on other tourism attractions that will receive increased visitation due to the existence of the legacy expansion project; and

(c) The positive impacts that will accrue to the economy of the Commonwealth from the national and international exposure the legacy expansion project is expected to provide.

Effective: June 26, 2009

History: Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 55, effective June 26, 2009.

148.855 Evaluation standards -- Tourism attraction project applications -- Lodging facility project applications -- Consulting services -- Optional interagency review -- Cabinet recommendations.

(1) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish standards for the making of applications for incentives and the recommendation of eligible companies and their tourism development projects to the authority.

(2) The cabinet shall consult with the authority when establishing standards to ensure that standards established pursuant to subsection (1) of this section and KRS 148.857(1) do not conflict.

(3) (a) The application for incentives shall be filed with the cabinet and shall include:

The name of the applicant;
Marketing plans for the tourism development project that target individuals who are not residents of the Commonwealth;
A description and location of the tourism development project;
Capital and other anticipated expenditures for the tourism development project that indicate that the total cost of the project shall exceed the minimum required costs as provided in KRS 148.853, and the anticipated sources of funding therefor;
The anticipated employment and wages to be paid at the tourism development project;
Business plans which indicate the average number of days in a year in which the tourism development project will be in operation and open to the public;
The anticipated revenues and expenses generated by the tourism development project;
If the tourism development project is an entertainment destination center project, the application shall include the public infrastructure purpose; and
Any other information as required by the cabinet.

(b) Based upon a review of these materials, if the cabinet determines that the eligible company and the proposed tourism development project appears to meet the requirements established by KRS 148.853, and that the proposed tourism development project may reasonably satisfy the criteria for final approval in subsection (4) of this section, the secretary of the cabinet may submit a written request to the authority for a preliminary approval of the eligible company and the tourism development project.

(4) The authority may review the request submitted by the secretary, including all relevant materials, and may, based upon that review, grant preliminary approval to an eligible company. Upon a preliminary approval by the authority, the cabinet shall engage the services of a competent consulting firm to analyze the data made available by the eligible company and to collect and analyze additional information necessary to determine that, in the independent judgment of the consultant, the proposed tourism development project:

(a) Will attract, in all years following the third year of operation, at least twenty- five percent (25%) of its visitors from among persons who are not residents of the Commonwealth, except for a theme restaurant destination attraction project, which shall attract, in all years following the third year of operation, a minimum of fifty percent (50%) of its visitors from among persons who are not residents of the Commonwealth;

(b) Will have costs in excess of the minimum amount required by KRS 148.853;

(c) 1. Will have a net positive fiscal impact on the Commonwealth considering, among other factors, the extent to which the proposed tourism development project will compete directly with existing tourism attractions or previously approved tourism development projects in the Commonwealth and the amount by which increased tax revenues from the tourism development project will exceed the incentives given to the approved company at the maximum level of recovery of approved costs as provided in KRS 148.853; or

If the independent consultant determines that the proposed tourism development project cannot produce a net positive fiscal impact to the Commonwealth at the maximum level of recovery of approved costs as provided in KRS 148.853, the independent consultant shall determine the level of recovery, if any, at which the proposed tourism development project can meet those standards;

(d) Will produce sufficient revenues and public demand to be operating and open to the public for a minimum of one hundred (100) days per year, except for a theme restaurant destination attraction, which shall be operating and open to the public for a minimum of three hundred (300) days per year;

(e) Will not adversely affect existing employment in the Commonwealth;

(f) Meets all other requirements of KRS 148.851 and 148.853; and

(g) For a lodging facility project defined in KRS 148.851(15)(b):

Will have an occupancy study conducted by an independent consultant to determine the percentage of rooms occupied by other lodging facilities:

a. With comparable accommodations as described in KRS 148.851(15)(b)3.; and

b. Within a fifty (50) mile radius of the proposed lodging facility project; for the most recent calendar year for data collected; and

Will have a net positive impact statement that will exclude from consideration any impact related to state-funded infrastructure that was approved prior to the application of the eligible company.

(5) The independent consultant, in determining the amount of net positive fiscal impact to the Commonwealth for a new proposed tourism development project that is an expansion of an existing tourism development project shall not consider positive fiscal impacts from the following sources:

(a) Increased operations at the previously approved tourism development project that is being expanded by the proposed tourism development project;

(b) Increased operations at any other tourism development project approved for incentives provided under KRS 148.853; or

(c) Increased operations at any project approved for tax increment financing that includes state revenues approved pursuant to Subchapter 30 of KRS Chapter 154.

(6) (a) The independent consultant shall consult with the authority, the Office of the State Budget Director and the Finance and Administration Cabinet in the development of a report on the proposed tourism development project.

(b) The Office of the State Budget Director and the Finance and Administration Cabinet shall agree as to the methodology to be used and assumptions to be made by the independent consultant in preparing its report.

(c) On the basis of the independent consultant's report and prior to any final approval of a project by the authority, the Office of the State Budget Director and the Finance and Administration Cabinet shall certify to the authority whether there is a projected net positive fiscal impact to the Commonwealth and the expected amount of incremental state revenues from the tourism development project. A final approval shall not be granted if it is determined that there is no projected net positive fiscal impact to the Commonwealth.

(7) The eligible company shall pay for the cost of the consultant's report and shall cooperate with the consultant and provide all of the data that the consultant deems necessary to make its determination under subsection (4) of this section.

(8) In lieu of the independent consultant analysis required in subsection (4) of this section, if the eligible company is exempt from income tax under Section 501(c)(3) of the Internal Revenue Code and the estimated approved costs are less than ten million dollars ($10,000,000), the cabinet shall have the option of performing an interagency review to analyze the data made available by the eligible company and to collect and analyze additional information necessary to determine that the proposed tourism development project meets the requirements set forth in subsection (4)(a) of this section. The cabinet shall comply with the same consulting and reporting requirements as an independent consultant.

(9) After a review of relevant materials, the consultant's report, and completion of other inquiries, the secretary shall, by written notification to the authority, provide a recommendation to the authority regarding final approval of the tourism development project.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 98, sec. 13, effective June 27, 2025. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 38, effective June 26, 2009. -- Amended 2009 Ky. Acts ch. 16, sec. 28, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 85, sec. 564, effective June 20, 2005; and ch. 95, sec. 25, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 73, sec. 4, effective March 18, 2003. -- Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 4, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 48, sec. 12, effective July 15, 1998; and ch. 238, sec. 2, effective April 1, 1998. -- Created 1996 Ky. Acts ch. 335, sec. 3, effective July 15, 1996. Formerly codified as KRS 154.29-030.

Legislative Research Commission Note (1/25/2009). This is former KRS 154.29-030 as amended by 2001 Ky. Acts ch. 4, sec. 3, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.857 Preliminary and final approval of companies and projects -- Meetings of authority.

(1) The authority shall establish standards for preliminary approval and final approval of eligible companies and their projects by the promulgation of administrative regulations in accordance with KRS Chapter 13A.

(2) The authority shall consult with the secretary when establishing standards to ensure that standards established pursuant to KRS 148.855(1) and subsection (1) of this section do not conflict.

(3) After the authority's preliminary approval, an agent designated by the cabinet shall hold at least one (1) public hearing to solicit public comments regarding the designation of an eligible company as a preliminarily approved company. Notice of the public hearing shall be given in accordance with KRS Chapter 424.

(4) The authority shall review the report of the consultant prepared pursuant to KRS 148.855(4), the recommendation of the secretary, the report prepared by the agent documenting all comments, both written and oral, received at the public hearing required by subsection (3) of this section, and other information that has been made available to the authority in order to assist the authority in determining whether the tourism development project will further the purposes of KRS 148.851 to 148.860.

(5) The criteria for final approval of eligible companies and tourism development projects shall include but not be limited to the criteria set forth in KRS 148.855(4). Final approval shall not be granted if it is determined that there is no projected net positive fiscal impact to the Commonwealth.

(6) After a review of the consultant's report, the recommendation of the secretary, and other information made available to the authority, the authority, by resolution, may grant to the eligible company the status of an approved company and authorize the execution of a tourism development project agreement as provided in KRS 148.859. The decision reached by the authority shall be final and no appeal shall be granted.

(7) All meetings of the authority shall be held in accordance with KRS 61.805 to 61.850. The authority may, pursuant to KRS 61.815, hold closed sessions of its meetings to discuss matters exempt from the open meetings law and pertaining to an eligible company.

Effective: June 26, 2009

History: Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 39, effective June 26, 2009. -- Amended 2009 Ky. Acts ch. 16, sec. 29, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 26, effective June 20, 2005. -- Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 5, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 48, sec. 13, effective July 15, 1998; and ch. 238, sec. 3, effective April 1, 1998. -- Created 1996 Ky. Acts ch. 335, sec. 4, effective July 15, 1996. Formerly codified as KRS 154.29-040.

Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 39, made changes to subsections (3) and (4) of this section. It is apparent from consultation with the drafter and from context that the second use of the word "company" should not have been deleted from subsection (4), now subsection (3) of that section. The Reviser of Statutes has restored this word under the authority of KRS 7.136.

Legislative Research Commission Note (1/25/2009). This is former KRS 154.29-040 as amended by 2001 Ky. Acts ch. 1, sec. 5, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.859 Agreement between authority and approved company.

(1) The authority, upon adoption of its final approval, may enter into a tourism development agreement with any approved company. The terms of the agreement shall be negotiated between the authority and the approved company and shall include but not be limited to:

(a) The amount of approved costs;

(b) That any increase in approved costs incurred by the approved company and agreed to by the authority shall apply retroactively for purposes of calculating the carry forward for unused incentives;

(d) That the authority may grant an extension or change, which in no event shall exceed three (3) years from the date of final approval, to the completion date as specified in the agreement of an approved company;

(e) That within three (3) months of the completion date, the approved company shall document the actual cost of the tourism development project through a certification of the costs to be provided by an independent certified public accountant acceptable to the authority;

(f) The term of the tourism development agreement and the maximum amount of recovery;

(g) That within forty-five (45) days after the end of each fiscal year of the approved company, during the term of the agreement, the approved company shall supply the authority with reports and certifications as the authority may request demonstrating to the satisfaction of the authority that the approved company is in compliance with the provisions of KRS 139.536 and KRS 148.851 to 148.860;

(h) That the approved company shall notify the authority if any change in ownership of the tourism attraction is contemplated. The authority shall reserve the option to renegotiate the terms of the agreement or, if the change in ownership is detrimental to the Commonwealth, the authority may terminate the agreement;

(i) That the approved company shall not receive a sales tax incentive as prescribed by KRS 139.536 with respect to any fiscal year if the requirements of KRS 148.853(2) have not been met;

(j) That the authority may grant an extension of up to three (3) years to the completion date in addition to the extension provided for in paragraph (d) of this subsection, to an approved company that has completed at least fifty percent (50%) of an entertainment destination center project;

(k) That in no event shall the completion date be more than six (6) years from the date of final approval; and

(l) That the extension provided for in paragraph (j) of this subsection shall be subject to the following conditions:

The approved company shall have spent or have contractually obligated to spend an amount equal to or greater than the amount of approved costs set forth in the initial agreement;
The term of the agreement shall not be extended, except as provided in KRS 148.853(3)(b)7. and 8.; and
The scope of the entertainment destination center project, as set forth in the initial agreement, shall not be altered to include new or additional entertainment and leisure options.

(2) The agreement, including the incentives provided under KRS 148.853, shall not be transferable or assignable by the approved company without the written consent of the authority and a passage of a resolution approving the proposed assignee of the incentives as an approved company.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 98, sec. 14, effective June 27, 2025. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 40, effective June 26, 2009. -- Amended 2005 Ky. Acts ch. 85, sec. 565, effective June 20, 2005; ch. 184, sec. 16, effective June 20, 2005; and ch. 173, Pt. XXIV, sec. 2, effective March 20, 2005. -- Amended 2003 Ky. Acts ch. 73, sec. 5, effective March 18, 2003. -- Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 6, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 300, sec. 24, effective July 14, 2000; and ch. 315, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 238, sec. 4, effective April 1, 1998. -- Created 1996 Ky. Acts ch. 335, sec. 5, effective July 15, 1996. Formerly codified as KRS 154.29-050.

Legislative Research Commission Note (6/21/2001). This is former KRS 154.29-050 as amended by 2001 Ky. Acts ch. 1, sec. 6, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.8591 Annual report of tourism development project applications, approvals, and funding.

(1) By November 1 of each year, the authority shall prepare an annual report. The report shall be posted to the Tourism, Arts and Heritage Cabinet's Web site.

(2) The report shall include information for all projects approved after June 26, 2009.

(3) The report shall include the following information:

(a) For each approved project:

The name of the approved company and a brief description of the project;
The amount of approved costs included in the agreement;
The maximum amount of incentives the approved company may recover over the term of the agreement;
The term of the agreement; and
The total amount recovered under the agreement, reported for both the prior fiscal year and cumulatively;

(b) The number of applications for projects submitted during the prior fiscal year;

(d) The total dollar amount approved for recovery for all projects approved during the prior fiscal year, and cumulatively under the Tourism Development Act since its inception, by year of approval.

(4) The information required to be reported under this section shall not be considered confidential taxpayer information and shall not be subject to KRS Chapter 131 or any other provision of the Kentucky Revised Statutes prohibiting disclosure or reporting of information.

Effective: July 14, 2018

History: Amended 2018 Ky. Acts ch. 199, sec. 7, effective July 14, 2018. -- Amended 2014 Ky. Acts ch. 134, sec. 3, effective July 15, 2014. -- Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 41, effective June 26, 2009.

148.860 Short title for KRS 139.536 and KRS 148.851 to 148.860.

KRS 139.536 and KRS 148.851 to 148.860 shall be known as the Kentucky Tourism Development Act.

Effective: June 21, 2001

History: Repealed, reenacted, and amended 2001 Ky. Acts ch. 1, sec. 7, effective June 21, 2001. -- Created 1996 Ky. Acts ch. 335, sec. 7, effective July 15, 1996. Formerly codified as KRS 154.29-060.

Legislative Research Commission Note (1/25/2009). This is former KRS 154.29-060 as amended by 2001 Ky. Acts ch. 1, sec. 7, and renumbered by the Reviser of Statutes under KRS 7.136(1).

Pine Mountain Trail Pine Mountain Trail

148.870 Legislative recognition and purpose.

(1) The General Assembly recognizes that the ridge top of Pine Mountain is a unique area desirable for the creation of a trail. Therefore, it is hereby declared that in order to afford the citizens of the Commonwealth an opportunity to enjoy this natural area, to attract out-of-state visitors, to ensure the well-being of our tourism industry, to preserve for future generations the beauty of certain areas untrammeled by man, to provide for the ever-increasing outdoor recreation needs of an expanding population, and to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the outdoor areas and historic resources of the Commonwealth, there is hereby established a certain defined area in the southeastern part of the Commonwealth for ultimate designation as the Pine Mountain State Scenic Trail, with land in the defined area owned or leased by the Commonwealth or on which the Commonwealth has obtained an easement comprising the initial state park.

(2) It is the intent of KRS 148.870 to 148.892 to assure preservation of the scenic, ecological, and other values within the boundaries of the trail and to provide proper management of the recreational, wildlife, water, and other resources within those boundaries. It is further the intent of KRS 148.870 to 148.892 to impose reasonable policies governing the use of land within the authorized boundaries of the trail, except for the restrictions set forth in KRS 148.870 to 148.892, for the general welfare of the people of the Commonwealth and, where necessary, to enable the Commonwealth or any of its agencies to acquire fee title or lesser interests in land within the boundaries of the trail, in order to maintain the public trust in this unique area.

(3) The General Assembly recognizes the valuable contributions that volunteers and private, nonprofit groups have made to the development and maintenance of trails throughout the Commonwealth. In recognition of these contributions, it is further the purpose of KRS 148.870 to 148.892 to encourage and assist volunteer citizen and nonprofit group involvement in the planning, development, maintenance, and management, where appropriate, of the trail.

(4) The General Assembly recognizes that the establishment of Pine Mountain State Scenic Trail is not intended to create a one hundred twenty (120) mile linear barrier around southeastern Kentucky. The General Assembly further recognizes that to ensure the continued economic development of the area, provisions shall be made for means of ingress and egress for owners of property and those with property rights affected by the creation of the trail, and for new road construction, utility facilities, and pipelines that may cross the trail.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 87, sec. 1, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 118, sec. 1, effective July 15, 2002.

148.872 Definitions for KRS 148.870 to 148.892.

As used in KRS 148.870 to 148.892, unless the context otherwise requires:

(1) "Department" means the Kentucky Department of Parks within the Tourism, Arts and Heritage Cabinet;

(2) "Person" means an individual, trust, firm, estate, joint stock company, corporation, nonprofit corporation, government corporation, limited liability company, partnership, association, organization, government unit or agency whether federal, state, city, commission, or other political subdivision of the Commonwealth, any interstate body, group of persons acting in concert, or other legal entity;

(3) "Secretary" means the secretary of the Tourism, Arts and Heritage Cabinet of the Commonwealth of Kentucky; and

(4) "Trail" means the Pine Mountain State Scenic Trail, as established in KRS 148.870.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 87, sec. 2, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 30, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 27, effective June 20, 2005. -- Created 2002 Ky. Acts ch. 118, sec. 2, effective July 15, 2002.

148.874 Pine Mountain State Scenic Trail -- Boundaries -- Connecting or side paths -- Support facilities -- Limit to nonmotorized uses -- Cemeteries and burial grounds.

(1) There is hereby designated a linear state park, the boundaries of which shall be determined by the department in accordance with this section known as the Pine Mountain State Scenic Trail, a trail of approximately one hundred twenty (120) miles in length, located exclusively within the boundaries of Kentucky beginning along the border of Kentucky and Virginia at or near Breaks Interstate Park, and extending generally south-southwest along the crest of Pine Mountain to the vicinity of Pine Mountain State Resort Park and continuing south to the Cumberland Gap National Park on the vicinity thereof. Insofar as practicable, the boundaries of the trail from the Breaks Interstate Park to Bad Branch State Nature Preserve shall be a one thousand (1,000) foot corridor, the center of which shall be the crest of Pine Mountain, to the extent that the corridor does not encroach upon the territory of the Commonwealth of Virginia. Insofar as practicable, the boundaries of the trail from the Bad Branch State Nature Preserve to the Pine Mountain State Resort Park shall be a corridor one hundred (100) to two hundred fifty (250) feet along the level top of Pine Mountain. The route of the trail from Pine Mountain State Resort Park to Cumberland Gap National Park shall be a corridor no wider than two hundred fifty

(250) feet to be determined by the department. Notwithstanding these boundary limitations, the department may through negotiations with the land owner acquire additional land outside the boundary limitations. The trail shall be depicted on the "Pine Mountain State Scenic Trail Map," which shall be on file and available for public inspection in the office of the commissioner of the department. The trail map shall delineate those portions of the trail that are owned or leased by the Commonwealth or on which the Commonwealth has obtained an easement and shall be updated periodically solely for the purpose of reflecting additions to those specific areas.

(2) The department may designate connecting or side paths which shall provide additional points of public access to the trail or access to points of interest, and which shall be of the same scenic nature as the trail, except that connecting or side paths shall not be acquired through eminent domain.

(3) Because of its extended length, the department may supplement the trail by support facilities located on certain designated parts of the trail or outside the trail. These support facilities may include, as the department deems necessary and feasible, primitive shelters, fireplaces, safe water supplies, and other related public-use facilities that shall meet department standards. No open wood fires shall be permitted on the trail except in areas with support facilities specifically designated for that purpose.

(4) The trail shall be a state scenic trail, so chosen because of its unique location. It shall be limited to foot use and other nonmotorized uses as permitted on segments where deemed appropriate by the department, and as set forth in KRS 148.878.

(5) The department shall, no later than June 30, 2003, determine the boundaries of the trail. In determining the boundaries of the trail the department shall not encroach upon any privately owned dwelling, or areas designated for residential structures and their surrounding properties, but shall route the trail around a privately owned dwelling or areas designated for a residential structure.

(6) The department shall not acquire through eminent domain any cemetery or its surrounding property which is designated as a cemetery or burial ground on July 15, 2002.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 87, sec. 3, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 118, sec. 3, effective July 15, 2002.

148.876 Acquisition of land.

(1) The power of eminent domain may only be exercised to acquire land in fee within the boundaries of the trail, except that the power of eminent domain shall not be exercised to acquire any privately owned dwelling, areas designated for residential structures and their surrounding properties, or property owned or leased, including adjacent or contiguous tracts of land leased or owned or which may be acquired, for the purposes of operating an oil or gas well, surface or underground coal mine operation, or surface or underground mineral quarrying operation, if the person holds a state permit or license issued by the Energy and Environment Cabinet, Division of Mine Permits or Division of Mine Safety.

(2) Within the boundaries of the trail, the department may acquire, on behalf of the Commonwealth, fee title or lesser interests in land. Acquisition of land may be by gift, by purchase with donated funds, by funds appropriated by the General Assembly, by the use of proceeds from the sale of bonds, by exchange, by assumption of property tax payments, or by other authorized means. Notwithstanding the provisions in KRS 350.085(3) and 353.610, in acquiring any interests the Commonwealth or its agencies shall waive the three hundred (300) foot restriction contained in KRS 350.085(3) and boundary restrictions for a well set forth in KRS 353.610.

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 87, sec. 3, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 140, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 17, effective June 20, 2005. -- Created 2002 Ky. Acts ch. 118, sec. 4, effective July 15, 2002.

148.878 Limitations on activities within boundaries of trail -- Motorized vehicles -- Permissible land uses -- Ingress and egress -- Roads -- Rights of persons from whom property acquired -- Permit for change of use.

(1) Within the boundaries of the trail, as designated by the department and once acquired:

(a) The natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in KRS 148.870 to 148.892, except as provided under paragraph (c) of subsection (3) of this section. Development and management of each segment of the trail shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continual maximum benefits from the land;

(b) Hunting of wild game shall be permitted only on or along areas as identified and permitted in administrative regulations as promulgated by the Department of Fish and Wildlife Resources after consultation with the Department of Parks, and as permitted under paragraph (c) of subsection (3) of this section; and

(c) The use of motorized vehicles by the general public within the boundaries of the trail shall be limited, and nothing in KRS 148.870 to 148.892 shall be construed as authorizing the use of motorized vehicles in this area, except upon existing or newly constructed public roadways within the boundaries of the trail and as provided under paragraph (c) of subsection (3) of this section.

(2) The department may promulgate administrative regulations authorizing the use of motorized vehicles on areas other than public roadways, when these vehicles are required to meet emergencies where life or health is at risk, or to enable adjacent landowners to have access to their lands or mineral rights, as provided under paragraphs (a) and (c) of subsection (3) of this section.

(3) (a) Except as expressly authorized in KRS 148.870 to 148.892 or in the administrative regulations promulgated by the department, or as may be allowed under a change of use permit issued by the department, permissible land uses within the boundaries of the trail as designated by the department shall be as set forth in this section. Uses that lawfully existed on July 15, 2002, may continue. After the trail boundaries are designated, new or additional uses shall be in compliance with the policy and purposes of KRS 148.870 to 148.892 and shall minimize disturbance to the trail. Above-ground blasting operations authorized under the provisions of KRS 351.315 to 351.375, except those operations conducted on sites utilizing no more than a total of ten thousand (10,000) pounds of explosives or the equivalent on the site, shall be prohibited for new or additional uses within an area of one thousand two hundred fifty (1,250) feet outward from the crest of Pine Mountain on the portion of the trail from Breaks Interstate Park to Bad Branch State Nature Preserve and within an area of five hundred (500) feet outward from the boundary of the trail on the portion of the trail from Bad Branch State Nature Preserve to Pine Mountain State Resort Park. Select cutting of timber or other resources removal may be allowed pursuant to KRS 148.870 to 148.892 and administrative regulations promulgated by the department upon the issuance of a change of use permit. Unless the property is purchased by the department, any net revenue from the cutting of timber or other resources removal shall inure to the benefit of the owner of the property or property rights from which the Commonwealth acquired the property. In promulgating administrative regulations related to KRS 148.870 to 148.892 and in developing the management plan as set forth in KRS 148.882, the department shall schedule public hearings in the county in which the trail lies that is affected by the administrative regulations and management plan.

(b) In the development of management plans as set forth in KRS 148.882, the department shall include provisions to allow for means of ingress and egress as provided in paragraph (c) of this subsection by owners of property rights affected by the creation of the trail, and for the construction of new roads, utility facilities, and pipelines that would encroach upon the trail. The department shall promulgate administrative regulations setting forth the procedures required to establish means of ingress and egress relating to obtaining rights-of-way, easements, and permits necessary for the construction of new roads, utility facilities, and pipelines that encroach upon the trail.

(c) When the Commonwealth acquires land for the trail authorized by KRS 148.870, regardless of whether the trail property is acquired by purchase, eminent domain, donation, or otherwise restricted, the person from whom the property is acquired or restricted or their successor in title shall have the following rights with regard to the property which has been acquired or restricted by the Commonwealth:

Ingress, egress, and access to trail property for purposes specified in this section or any other provision of law;
An easement to use trail property for the purpose of access to adjacent land of the same property owner or their successor, including but not limited to motorized travel;
To hunt, fish, or trap on that portion of trail property formerly owned, in accordance with applicable law and administrative regulations;
To gather and remove edible, medicinal, or ornamental plants and herbs from that portion of the trail property formerly owned, in accordance with applicable law and administrative regulations; and
To access and maintain a cemetery and burial grounds on that portion of trail property formerly owned.

(d) The rights specified in this section or other provisions of law or administrative regulation shall be included in any judgment when property or an interest therein is taken or restricted by eminent domain and shall be included in any contract for purchase, donation, or other acquisition of the property or an interest therein unless voluntarily waived in that document.

(4) Any person owning property or property rights within the boundaries of the trail may apply to the department for a change of use permit. The secretary or the secretary's designee shall hold a public hearing after public notice on the application within sixty (60) days. Any person shall be allowed to present evidence as to whether the use proposed by the applicant is in accordance with the management plan developed pursuant to the provisions of KRS 148.870 to 148.892, the administrative regulations promulgated pursuant to KRS 148.870 to 148.892, and other applicable law.

(5) The secretary shall, within sixty (60) days after a hearing, issue an order and accompanying opinion granting the permit, denying the permit, or recommending an alternative use to which the land may be put that is more consistent with the provisions of KRS 148.870 to 148.892 than the use for which the application was

made. Any aggrieved party to the hearing shall have the right to petition the local Circuit Court in which the property lies within thirty (30) days after issuance of the secretary's order.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 118, sec. 5, effective July 15, 2002.

148.880 Pine Mountain State Scenic Trail fund.

A fund for the purpose of carrying out the provisions of KRS 148.870 to 148.892 is hereby created, to be designated as the Pine Mountain State Scenic Trail fund, and shall consist of all revenues derived from privileges, concessions, contracts, or otherwise, and all moneys received by gifts, contributions, donations, and grants from public or private sources. This shall be a trust and agency fund account maintained and disbursed by the Tourism, Arts and Heritage Cabinet to carry out the purposes of KRS 148.870 to 148.892, after appropriations are made for administration and other expenses and purposes provided in KRS 148.870 to 148.892. It shall not lapse, and interest earnings shall accrue to the fund.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 87, sec. 4, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 31, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 95, sec. 28, effective June 20, 2005. -- Created 2002 Ky. Acts ch. 118, sec. 6, effective July 15, 2002.

148.882 Duties of Department of Parks -- Management plan -- Administrative regulations -- Trail maintenance.

(1) The trail shall be administered by the department according to the policies and criteria set forth in KRS 148.870 to 148.892. Within six (6) months of the designation of the trail boundary, the department shall consider the needs of local area citizens and develop a management plan for the trail and shall publicize and hold public hearings and record the views expressed on the management plan in the county in which the trail lies that is affected by the management plan. Within twelve

(12) months of development of the management plan, the department shall promulgate administrative regulations that are necessary for the preservation and enhancement of the trail and to carry out the purposes of KRS 148.870 to 148.892, and for control of recreational, educational, scientific, and other uses of these areas in a manner that shall not impair them.

(2) The department shall be responsible for maintaining the trail, building bridges, campsites, shelters, and related public-use facilities where required, to the extent funds are available therefor. The department may enter into written agreements as it relates to any of these functions to one (1) or more nonprofit entities or other persons.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 118, sec. 7, effective July 15, 2002.

148.884 Construction of KRS 148.870 to 148.892 relating to use of private land.

Nothing in KRS 148.870 to 148.892 shall be construed to confer upon any member of the public the right to use or enter upon private lands adjacent to the boundaries of the trail, or to confer on any member of the public the right to enter upon or use any private lands designated as part of the trail until such time as the department has delineated that area as being subject to an easement, purchase, or lease by the Commonwealth under KRS 148.874(1).

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 118, sec. 8, effective July 15, 2002.

148.886 Legal actions.

It shall be the duty of the department or, upon the secretary's request, the duty of the Attorney General to bring an action for the recovery of the penalties provided for in KRS 148.888, or to bring an action for a restraining order or temporary or permanent injunction to prevent or correct a condition that constitutes or threatens to constitute a violation of any of the provisions of KRS 148.870 to 148.892. All actions for injunctive relief shall be brought in the name of the Commonwealth of Kentucky and shall be filed in the local Circuit Court in which the property lies.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 118, sec. 9, effective July 15, 2002.

148.888 Penalties.

(1) Any person, corporation, city, county, or other governmental subdivision who violates any of the provisions of KRS 148.870 to 148.892 shall be liable for a civil penalty not to exceed five hundred dollars ($500) per day for any violation, and in addition may be enjoined from continuing the violation. Each day upon which any violation occurs or continues shall constitute a separate offense.

(2) No person shall trespass on private land adjacent to or within the boundaries of the trail. Any person who:

(a) Unintentionally violates the provisions of this section shall be subject to a prepayable fine of one hundred dollars ($100);

(b) Intentionally violates the provisions of this section shall be subject to a prepayable fine of two hundred dollars ($200); and

(c) Continues to trespass or intentionally violates the provisions of this section and causes damage to the private property may be prosecuted under the provisions of KRS Chapter 512.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 118, sec. 10, effective July 15, 2002.

148.890 Use of lands adjacent to or visible from trail -- Legislative findings.

(1) Subject to the provisions of KRS 148.878(3)(a), nothing in KRS 148.870 to 148.892 shall be construed or interpreted as affecting, in any way, the legitimate use of surface and subsurface property adjacent to or visible from the trail, whether such use was in effect upon the designation of the trail or not, including but not limited to timbering, oil and gas operations, mining, both by surface and underground mining means, or any other legitimate use of surface or mineral property adjacent to or within view of the trail.

(2) Use of the lands outside of the boundary of the trail shall not be limited or restricted because the lands may be viewed from the trail. The viewshed of the trail shall be limited to the trail boundary for any land use regulation of lands outside the boundary of the trail.

(3) The General Assembly finds that the boundaries for the trail prescribed in KRS 148.870 to 148.892 are adequate and sufficient to protect areas inside the trail that may contain fragile or historic lands; or which may have important historic, cultural, scientific, aesthetic values and natural systems; or that may be renewable resource lands which have importance in terms of long-range productivity of water supply, food, or fiber products; or which could be considered natural hazard lands, including lands subject to frequent flooding, areas of unstable geology, or areas in which the health, safety, or welfare of people, property, or the environment is threatened due to surface coal mining or similar activities conducted outside of the trail boundaries.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 118, sec. 11, effective July 15, 2002.

148.892 Short title for KRS 148.870 to 148.892.

KRS 148.870 to 148.892 may be cited as the Pine Mountain State Scenic Trail Act.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 87, sec. 5, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 118, sec. 12, effective July 15, 2002.

Penalties Penalties

148.990 Repealed, 1964.

[Repealed]

148.991 Penalties.

(1) Any person who violates subsection (2) of KRS 148.051 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less than one (1) day nor more than ten (10) days or both.

(2) Any person who violates KRS 148.029 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).

(3) Whoever violates, fails, neglects or refuses to obey any provision of KRS 148.610 to 148.780, or regulation, or order of the commissioner may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy; and provided, further, that whoever violates, fails, neglects, or refuses to obey any provision of KRS 148.610 to 148.780, or regulation, or order of the commissioner shall be punished by a fine of not more than fifty dollars ($50) for each day of such violation.

(4) Any person who violates any provision of KRS 148.290 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).

(5) Any person who violates KRS 148.290(3), (4), or (5) governing golf cart-type vehicles, all-terrain vehicles, and horse trailers, including administrative regulations promulgated pursuant to that statute, forfeits the rights and privileges, as granted by the commission, of using the vehicle or trailer on State Horse Park property. The executive director of the State Horse Park shall ensure that vehicles or trailers in violation are impounded to the nearest licensed tow company. The owner or operator of such a vehicle or trailer shall pay any and all expenses related to the vehicle's or trailer's towing and impoundment.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 22, sec. 2, effective July 15, 2008. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 8, effective July 1, 1979. -- Amended 1974 Ky. Acts ch. 288, sec. 20. -- Amended 1972 Ky. Acts ch. 189, sec. 2(6). -- Created 1964 Ky. Acts ch. 157, sec. 19.