Kentucky Statutes 65.879 – Prohibition against local ordinances specifically applicable to residential care facilities for persons with a disability — Information to be provided by Cabinet for Health and Family Services — Facilities not exempted fr…
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(1) As used in this section:
(a) “Cabinet” means the Cabinet for Health and Family Services;
(b) “Local government” means a city, county, charter county, urban-county government, consolidated local government, or unified local government;
(c) “Persons with a disability” has the same meaning as in KRS § 100.982; and
(d) “Residential care facility” means a residence, including a group home or staffed residence, operated and maintained by:
1. A private agency receiving state or federal funds; or
2. A government agency;
that provides services in a homelike setting for persons with a disability.
(2) A local government shall not adopt or enforce any licensing or other requirements specifically applicable to residential care facilities providing services for persons with a disability beyond those required by statutes or administrative regulations of the Commonwealth of Kentucky or the federal government.
(3) (a) A local government may adopt a resolution by its legislative body requesting the cabinet to provide information on each residential care facility within the requesting local government’s boundaries. The cabinet shall provide information to the local government within thirty (30) days of the receipt of the resolution requesting this information. The information provided by the cabinet shall be limited to:
1. The physical location of the residential care facility or facilities; and
2. The name and contact information for the individual or organization primarily responsible for the oversight of the facility or facilities.
(b) Once a resolution has been filed by a local government, the cabinet shall:
1. Provide that local government updated information if:
a. The number of residential care facilities within the jurisdiction changes;
b. The physical location changes; or
c. The name and contact information for the individual or organization primarily responsible for the oversight changes; or
2. Provide an annual update of the information provided in this subsection, in the event that the provisions of subparagraph 1. of this paragraph do not occur.
(c) The information provided in this subsection shall only be for the use of the local government’s law enforcement agencies, fire protection services, or emergency service providers. The information provided by the cabinet shall not be subject to the provisions of KRS § 61.872 to KRS § 61.884. This exemption
applies solely to the local government receiving the information.
(4) This section shall not be construed to exempt residential care facilities from compliance with local government ordinances that apply generally within the jurisdiction, including but not limited to business licensing requirements, occupational license taxes, nuisance and property maintenance codes, public and fire safety ordinances, health and sanitation ordinances, zoning requirements as provided under KRS § 100.984, or any other type of local ordinance of general application.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 55, sec. 1, effective July 12, 2012.
(a) “Cabinet” means the Cabinet for Health and Family Services;
Terms Used In Kentucky Statutes 65.879
- City: includes town. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) “Local government” means a city, county, charter county, urban-county government, consolidated local government, or unified local government;
(c) “Persons with a disability” has the same meaning as in KRS § 100.982; and
(d) “Residential care facility” means a residence, including a group home or staffed residence, operated and maintained by:
1. A private agency receiving state or federal funds; or
2. A government agency;
that provides services in a homelike setting for persons with a disability.
(2) A local government shall not adopt or enforce any licensing or other requirements specifically applicable to residential care facilities providing services for persons with a disability beyond those required by statutes or administrative regulations of the Commonwealth of Kentucky or the federal government.
(3) (a) A local government may adopt a resolution by its legislative body requesting the cabinet to provide information on each residential care facility within the requesting local government’s boundaries. The cabinet shall provide information to the local government within thirty (30) days of the receipt of the resolution requesting this information. The information provided by the cabinet shall be limited to:
1. The physical location of the residential care facility or facilities; and
2. The name and contact information for the individual or organization primarily responsible for the oversight of the facility or facilities.
(b) Once a resolution has been filed by a local government, the cabinet shall:
1. Provide that local government updated information if:
a. The number of residential care facilities within the jurisdiction changes;
b. The physical location changes; or
c. The name and contact information for the individual or organization primarily responsible for the oversight changes; or
2. Provide an annual update of the information provided in this subsection, in the event that the provisions of subparagraph 1. of this paragraph do not occur.
(c) The information provided in this subsection shall only be for the use of the local government’s law enforcement agencies, fire protection services, or emergency service providers. The information provided by the cabinet shall not be subject to the provisions of KRS § 61.872 to KRS § 61.884. This exemption
applies solely to the local government receiving the information.
(4) This section shall not be construed to exempt residential care facilities from compliance with local government ordinances that apply generally within the jurisdiction, including but not limited to business licensing requirements, occupational license taxes, nuisance and property maintenance codes, public and fire safety ordinances, health and sanitation ordinances, zoning requirements as provided under KRS § 100.984, or any other type of local ordinance of general application.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 55, sec. 1, effective July 12, 2012.