Title XII, Conservation and State Development

The State Treasurer is hereby designated as the custodian of all funds. The State Treasurer shall make disbursements for vocational rehabilitation purposes upon certification by the executive director of the Office of Vocational Rehabilitation.

conserving water, permitted when. (1) Any owner of land contiguous to public water shall at all times have the right to the use of water therefrom to satisfy his needs for domestic purposes, which shall include water for household purposes, drinking water for poultry, livestock a…

The executive director of the Office of Vocational Rehabilitation may accept and use gifts made by will or otherwise for carrying out the purposes of KRS 151B.180 to 151B.210. Gifts made under such conditions as in the judgment of the executive director of the Office of Vocationa…

The General Assembly finds and declares that it is the policy of the Commonwealth of Kentucky that competitive integrated employment shall be considered the first and primary option for persons with disabilities of working age who desire to become employed.

- Meetings. (1) For the purposes of KRS 151B.211 to 151B.214, "competitive integrated employment" means work that is performed on a full-time or part-time basis for which an individual is: (a) Earning compensation at or above minimum wage and comparable to the customary rate paid…

The Employment First Council shall: (1) Identify state policies that create disincentives for the employment of people with disabilities and develop recommendations to address and eliminate those disincentives; (2) Develop training and resources for families, self-advocates, publ…

Nothing in KRS 151B.211 to 151B.214 shall be construed to require any employer to give preference to hiring persons with disabilities nor shall anything be construed to mandate that those program participants having no desire to become employed be forced to do so.

The cabinet shall: (1) Undertake for and as the official agency of the state, such studies and prepare such reports and recommendations as may be necessary to establish a statewide program of flood control, including major drainage, and a statewide program for the development of …

On its own initiative or when so directed by the Governor, the cabinet shall make a preliminary survey and report of any project which involves or might involve expenditure of state funds or construction work by the State of Kentucky in the construction, reconstruction, or mainte…

Meetings. (1) The Statewide Council for Vocational Rehabilitation is hereby created within the Office of Vocational Rehabilitation to accomplish the purposes and functions enumerated in 29 U.S.C. secs. 701 et seq. Members of the council shall be appointed by the Governor pursuant…

obstruction to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources. (1) Notwithstanding any other provision of law, no person and no city, county, or other political subdivision of the state, including levee districts, drainage districts, …

action plan administrative regulation. (1) All applications for permits required by KRS 151.250 shall be in the form and manner prescribed by the cabinet. (2) Unless waived by the cabinet, all plans and specifications submitted for approval shall be drawn by an engineer, licensed…

Deviation from approved plans. (1) Any person, county, city or other political subdivision of the state who shall begin on the site preparation for the construction, reconstruction, relocation or improvement of any project prior to the issuance of the permit required in KRS 151.2…

Meetings -- Milestones and reports. (1) The Kentucky Education and Workforce Collaborative is hereby created for the purpose of ensuring the continued implementation of the Kentucky Workforce Innovation Board's strategic plan. (2) The Kentucky Education and Workforce Collaborativ…

Transfer of ownership of water barrier -- Responsibility for safety after transfer -- Approval of transfer. (1) The cabinet shall enforce compliance with all applicable laws and regulations of all dams, reservoirs, levees, embankments, or other water barriers owned by the Commonw…

Administrative regulations. (1) Within sixty (60) days of completion of an on-site inspection of an existing dam, the cabinet shall prepare an inspection report and notify the owner in writing. (2) The cabinet may impose such conditions relating to the inspection, operation, main…

The public safety and welfare requiring it, the secretary shall conduct a program of regular inspections of dams and reservoirs within the state. The frequency of such inspections shall be as determined by the secretary, who may establish different inspection intervals.

required work -- Hearings. (1) Whenever the cabinet determines that any person to which a certificate of inspection has been issued has failed to comply with the conditions in said certificate or whenever the cabinet determines that life or property are or may be endangered by th…

costs -- Foreclosure sale to satisfy judgment. Whenever the secretary takes action authorized by KRS 151.297, the owner or owners of the dam or the dams creating the impoundment, or levee, embankment, or other water barriers at which such action was taken shall be jointly and sev…

As used in KRS 151B.300 to 151B.335, unless the context indicates otherwise: (1) "Individual with disabilities" means any individual who is considered to have a mental or physical disability, impairment, or handicap for purposes of any other law of this state or of the United Sta…

failure to furnish -- Nonexclusivity of warranty. (1) A manufacturer who sells or leases a new assistive device to a consumer, either directly or through an assistive device dealer or lessor, shall expressly warrant that the assistive device shall be free of any condition, defect…

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer or lessor within one (1) year after first possession of the assistive device by the consumer, the manufactu…

No person, city, county, or other political subdivision of the state shall deposit or cause to be deposited any matter that will in any way restrict or disturb the flow of water in the channel or in the floodway of any stream except where a permit has been issued for construction…

reasonable attempt -- Lease value -- Allowance for use. (1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out, at the option of the consumer, the requirements under paragraph (a) or (b) of this subsection. (a) To provide…

No assistive device returned by a consumer or assistive device lessor in this state or returned in another state as a result of a nonconformity to a warranty may be sold or leased in this state unless full disclosure of the reason for return is made to a prospective buyer or less…

(1) The mayor or chief executive officer of each city and the county judge/executive of each county, shall have the concurrent duty of enforcing with the cabinet, within their respective cities and counties, the provisions of KRS 151.250, 151.280 and 151.310 and rules and regulat…

reimbursement during warranty repair -- Conditions. (1) Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the…

remedies -- Nonwaiverability. (1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of KRS 151B.300 to 151B.335 in a court of appropriate jurisdiction in the county where the consumer resides or where the man…

KRS 151B.300 to 151B.335 may be cited as the "Kentucky New Assistive Device Warranty Act."

The General Assembly of the Commonwealth of Kentucky finds and declares that: (1) The economic future of the Commonwealth and the prosperity of its citizens depend on the ability of Kentucky businesses to compete effectively in the world economy; (2) A well-educated and highly tr…

Diplomas -- Incentives -- Administrative regulations -- Learning contracts -- Tuition discounts -- Tax credit for employers -- Annual report. (1) The General Assembly recognizes the critical condition of the educational level of Kentucky's adult population and seeks to stimulate …

readiness standards -- High School Equivalency Diploma -- Programs and examinations -- Previously issued equivalency or external diploma to be considered High School Equivalency Diploma -- Validity of diplomas after changes in test selection. (1) The Office of Adult Education wit…

As used in KRS 151B.402, 151B.403, 151B.407, and 151B.408, unless the context indicates otherwise: (1) "Adult education" means, for programs funded under the federal Workforce Innovation and Opportunity Act, services or instruction below the postsecondary level for individuals: (…

Organization -- Sole agency for developing and approving state plans. (1) The Office of Adult Education is created within the Department of Workforce Development in the Education and Labor Cabinet to carry out the statewide adult education mission. The office shall implement a tw…

(1) There is hereby established a nonprofit foundation to be known as the "Foundation for Adult Education." The purpose of the foundation shall be to supplement public funding for adult training in order to expand existing basic skills training programs. (2) Funding for the found…

responsibilities of the Office of Adult Education. (1) (a) The Office of Adult Education shall promulgate necessary administrative regulations and administer a statewide adult education and literacy system throughout the state. The adult education and literacy system shall includ…

(1) There is created in the Education and Labor Cabinet a special fund to be known as the adult education and literacy initiative fund, which shall consist of moneys appropriated by the General Assembly, gifts, grants, other sources of funding, public and private, and interest ac…

No less than eighty-five percent (85%) of general fund moneys appropriated by the General Assembly to the Office of Adult Education shall be used for programs to fulfill the adult education mission and goals enumerated in KRS 151B.402, 151B.403, 151B.406, and 151B.408. The Office…

(1) The Education and Labor Cabinet is hereby directed to establish, within one hundred eighty (180) days of July 14, 2022, a job placement assistance program to assist individuals enrolled in the state's medical assistance program established in KRS Chapter 205 in finding employ…

As used in KRS 151B.450 to 151B.475, unless the context requires otherwise: (1) "Assistive technology" means any item, piece of equipment, or device that enables an individual with a disability to improve his or her independence and quality of life; (2) "Board" means the board of…

directors -- Qualifications -- Appointment -- Terms -- Vacancy -- Removal. (1) The Kentucky Assistive Technology Loan Corporation is created and established as an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky to perform essent…

(1) It shall be the duty of the cabinet's Office of Legal Services, or upon the secretary's request, of the Attorney General, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction…

Disclosure of interest -- Staff and administrative assistance -- Records. (1) At the first board meeting following initial appointment of all board members, the board shall elect a chair from its membership, and a chair shall be elected annually thereafter. (2) A majority of the …

All powers, duties, and responsibilities conferred upon the corporation by KRS 151B.450 to 151B.475 shall be exercised by the board of directors of the corporation. They shall include, but shall not be limited to, the following: (1) To establish and administer a program for provi…

(1) There is established in the State Treasury a permanent and perpetual fund to be known as the assistive technology loan fund, consisting of moneys that may be appropriated by the General Assembly, gifts, bequests, endowments, or grants from the United States government, its ag…

The board shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding fiscal year to the Governor and the Legislative Research Commission. Each report shall set forth a complete operating and financial statement of the corp…