Title XIX, Public Safety and Morals

(1) As used in KRS 234.100 to 234.160 and 234.990 the term "liquefied petroleum gas" means and includes any material which is composed predominantly of any of the following hydrocarbons, or mixtures of them, whether in the liquid or in the gaseous states: propane, propylene, buta…

than one place of business -- Proof of financial responsibility -- License suspension or revocation. (1) Subject to the exceptions provided in subsection (2), no person shall engage in any of the businesses set out in this subsection without first having provided proof to the com…

The initial license required under KRS 234.120 shall be issued by the department and shall expire on the last day of the licensee's birth month in the next even-numbered year. The department may reduce the license fee on a pro rata basis for initial licenses issued for less than …

(1) The commissioner, after a public hearing thereon, shall make, promulgate, and enforce regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck, t…

It is hereby declared that regulations in substantial conformity with the published standards of the National Fire Protection Association for the design, installation and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases …

All moneys collected under the provisions of KRS 234.100 to 234.160 shall be paid into the State Treasury and credited to a trust and agency fund to be used by the Department of Housing, Buildings and Construction solely for the administration and enforcement of KRS 234.100 to 23…

The commissioner of housing, buildings and construction may appoint an advisory board composed of persons actively engaged in the liquefied petroleum gas industry in the State of Kentucky. The board shall give the commissioner the benefit of its technical knowledge to aid him or …

regulations and manufacturer's instructions -- Immunity from liability -- Exception. (1) Domestic and commercial gas-consuming equipment and appliances shall not be installed unless their correctness as to design, construction, and performance is certified by: (a) A nationally re…

(1) For plants storing liquefied petroleum gases, and used for the dispensing of liquefied petroleum gases in liquid state into container or containers, for resale, plans shall be submitted, in duplicate, to the Department of Housing, Buildings and Construction, and shall be appr…

owner prohibited -- Removal or replacement request. (1) No person shall sell, install, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container unless the container is owned by the person or its use is authorized by its owner. (2…

As used in KRS 234.200 to 234.260, unless the context requires otherwise: (1) "Flash point" means the minimum temperature, in degrees Fahrenheit, at which a flammable liquid will give off flammable vapors as determined by test procedure and apparatus specified in the "Standard Me…

No person shall have for sale, sell, give or deliver to another any product known, advertised, sold or offered for sale as kerosene, coal oil, fuel oil, stove oil, range oil, furnace oil, distillate or diesel fuel, or by a trade name commonly identified with any such product, unl…

No dealer shall sell or deliver kerosene, coal oil, fuel oil, stove oil, range oil, furnace oil or other Class B liquid except from a container having the name of the liquid sold plainly marked or labeled on the container, or on the pump or delivery equipment serving such contain…

liquid. No compartment of a tank vehicle which has contained a Class A liquid on the prior loading shall be loaded with Class B liquid until such compartment and all piping and accessory delivery equipment connected thereto have been drained of all Class A liquid and then flushed…

Class B liquid. In the event that a tank vehicle is equipped with a pump, meter, and hose, or any combination thereof, such equipment shall not be used for the delivery of Class B liquid if its prior use has been for Class A liquid, unless it has first been flushed with a quantit…

In the event that compartments of a tank vehicle are connected to a common outlet or manifold, no compartment so connected shall contain Class A liquids while any other compartment so connected contains Class B liquids.

liquids. No manifold, pump, meter, or hose shall be used for the delivery of Class A and Class B liquids on the same trip. Flushing, as provided in KRS 234.240, shall not be done during the course of deliveries. If the use of a manifold, pump, meter, or hose is required for the d…

It is declared to be in the interest of the public welfare that persons involved in the production, transportation, and sale of propane and the manufacture and distribution of propane utilization equipment shall be permitted and encouraged to act jointly and in cooperation to dev…

As used in KRS 234.270 to 234.302, unless the context otherwise requires: (1) "Commissioner" means the commissioner of the Department of Housing, Buildings and Construction; (2) "Council" means the Kentucky Propane Education and Research Council created in accordance with KRS 234…

The commissioner may promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of KRS 234.270 to 234.302.

trade. No association meeting or activity undertaken to carry out the provisions of KRS 234.270 to 234.302 and intended to benefit all persons involved in the production, transportation, and sale of propane and the manufacture and distribution of propane utilization equipment sha…

Producers, suppliers, and retail marketers of propane shall be permitted by referendum, subject to the provisions of KRS 234.270 to 234.302, to levy upon themselves an assessment on odorized propane and provide for the collection of the assessment for the purpose of financing or …

Publication of form. (1) Any existing industry trade organization which is fairly representative of the propane industry in Kentucky, such as the Kentucky Propane Gas Association, may at any time after July 15, 1998, make application to the commissioner on forms prescribed by the…

Upon being certified by the commissioner, the association in KRS 234.280(1) shall be fully authorized and empowered to hold a referendum among producers, suppliers, and retail marketers on the question of whether the industry shall levy upon itself an assessment for the purpose s…

Any referendum conducted under the provisions of KRS 234.270 to 234.302 shall be held on a statewide basis. Voting rights in the referendum shall be based on the volume of propane produced or odorized propane sold in the Commonwealth in the previous calendar year and shall be pro…

referendum -- Voter to certify volume of propane represented by vote -- Mechanism for notification of eligible voters. (1) The manner, conduct, and management of any referendum held under the provisions of KRS 234.270 to 234.302 shall be under the supervision and direction of the…

(1) The results of the referendum, as certified by the independent auditing firm, shall be submitted to the commissioner within thirty (30) days of certification. (2) For the purpose of the referendum, producers and suppliers shall be considered a single class. Upon approval of t…

members -- Terms and compensation. (1) There is hereby established the Kentucky Propane Education and Research Council composed of eleven (11) members appointed by the commissioner. Five (5) members shall represent retail marketers, five (5) members shall represent producers and …

(1) The council shall establish the annual assessment subject to the limitations of KRS 234.288(3) to be paid by the owner of odorized propane at the time of odorization or at the time of import of odorized propane into the state. The assessment shall be made based on the volume …

The funds, including donations from individuals, associations, concerns, corporations, and grants from state or federal governmental agencies, shall be used for the purpose of promoting and stimulating, by research, market development, and education, the increased use and sale of…

If the referendum is carried in the affirmative and the assessment is levied and collected as provided, any person upon and against whom the assessment shall have been levied and collected under the provisions of KRS 234.270 to 234.302, if dissatisfied with the assessment and the…

vote -- Timing of referendum -- Termination proceedings. (1) Upon petition to the commissioner by producers, suppliers, and retail marketers representing thirty-five percent (35%) of the volume of propane in each class, the council shall conduct a referendum to determine if the i…

In all cases, the price of propane shall be determined by market forces. Consistent with the antitrust laws, the council may take no action and no provision of KRS 234.270 to 234.302 may be interpreted as establishing an agreement to pass along to consumers the cost of the assess…

When in the judgment of the council or an association certified under KRS 234.280, a person has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 234.270 to 234.302, the council or the certified association may m…

As used in KRS 234.310 to 234.440, unless the context requires otherwise: (1) "Department" means the Department of Revenue; (2) "Person" includes every natural person, fiduciary, association, state, or political subdivision, or corporation. Whenever used in any clause prescribing…

(1) An excise tax at the rate levied in KRS 138.220(1) and (2) is hereby levied and shall be paid by the liquefied petroleum gas motor fuel dealer to the department on all taxable liquefied petroleum gas motor fuel delivered to the licensed liquefied petroleum gas motor fuel user…

(1) The tax imposed by KRS 234.320 shall not be collected when the liquefied petroleum gas sold by the dealer is used to propel motor vehicles on the public highways, either within or without this state, when the motor vehicles using the liquefied petroleum gas are equipped with …

(1) A license shall be required of each liquefied petroleum gas motor fuel dealer. (2) Application for a license shall be made to the department upon forms prepared and furnished by the department. The application shall contain such information as the department deems necessary. …

(1) Every liquefied petroleum gas motor fuel dealer shall file with the department a corporate bond, cash bond, or securities approved by the department in a minimum amount of five hundred dollars ($500) and in a maximum amount of four (4) months' liability for taxes imposed unde…

(1) If a licensee at any time files a false monthly report of the information required, or fails or refuses to file the monthly report or to pay the full amount of the tax or violates any other provision of KRS 234.310 to 234.440, without a showing that the failure was due to rea…

(1) Every liquefied petroleum gas motor fuel dealer licensee shall maintain complete records of inventories, purchases, sales, use and other dispositions of liquefied petroleum gas. Such records, together with manifests of lading, invoices, correspondence, and other papers pertai…

(1) Every liquefied petroleum motor fuel dealer licensee shall file with the department, on forms prescribed by the department, a monthly tax return. The return shall be made under penalty of perjury and shall show such information as the department may require. The licensee shal…

Liquefied petroleum gas motor fuel dealers using, selling, and/or delivering liquefied petroleum gas to motor vehicles, or into storage for use in motor vehicles, shall report and pay the state tax at the rate levied in KRS 138.220(1) and (2) on all such fuel to the Department of…

Any holder of a liquefied petroleum gas motor fuel user-seller license, using liquefied petroleum gas as a motor fuel to propel motor vehicles upon the highways may fuel his own vehicles from storage where nontaxable liquefied petroleum gas is stored provided: (1) The state tax h…

The department may audit the books and records of each licensee and make such other investigations as it deems necessary to determine whether or not the tax and other requirements imposed by KRS 234.310 to 234.440 have been met.

The reports required by KRS 234.370 shall be accompanied by a certified or cashier's check payable to the State Treasurer, for the amount of tax due for the preceding calendar month computed as provided in KRS 234.380, except that the department may waive this requirement and acc…

Any person who violates any provision of KRS 234.370 shall be subject to the uniform civil penalties imposed pursuant to KRS 131.180 and interest at the tax interest rate as defined in KRS 131.010(6) shall be paid as a part of the tax.

With respect to KRS 234.310 to 234.440, it is unlawful for any person to: (1) Fail to pay the taxes due; (2) Fail, neglect or refuse to make and file any statement required in the manner or within the time required; (3) Make any false statement or conceal any material fact in any…

(1) The department shall administer the taxes provided in KRS 234.310 to 234.430 and this section and may prescribe, adopt and enforce regulations relating to the administration and enforcement thereof. (2) The department shall, upon the request of the officials to whom are entru…

(1) Any person who violates any of the provisions of KRS 234.100 to 234.160 shall be guilty of a violation. (2) Any person who violates any regulation promulgated under provisions of KRS 234.100 to 234.160 and after having been given notice to cease and desist, unless said violat…