AN ACT relating to recovery residences.

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AN ACT relating to recovery residences. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 222.504 is amended to read as follows: 3
(1) The cabinet shall: 4
(a) Require certified recovery residences to provide proof of certification at least 5
annually; 6
(b) Require certified recovery residences to notify the cabinet of any cha nge in 7
their certification status, including but not limited to a suspension or 8
revocation of certification by a certifying organization; 9
(c) Require separate proof of certification for each recovery residence owned or 10
operated by an individual or entity in the Commonwealth; 11
(d) Post on its website the name, telephone number, and location by local 12
jurisdiction of each certified recovery residenc e and shall update the list at 13
least quarterly; 14
(e) Post on its website the name of each certifying organization approved by the 15
cabinet; and 16
(f) Notify local governments with appropriate jurisdiction: 17
1. Within thirty (30) days of receipt of: 18
a. Proof fro m a recovery residence that it has initiated a 19
certification process with a certifying organization in accordance 20
with KRS 222.502(2)(b); and 21
b. Proof of certification from a recovery residence; 22
2. Of any civil fines imposed by the cabinet on a recovery re sidence 23
within thirty (30) days of the action taken; and 24
3. Upon receipt, of contact information for each recovery residence, 25
including the: 26
a. Name and phone number of the owner; 27
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b. Name, phone number, and email address of the primary contact; 1
and 2
c. Name, phone number, and address of the residence [ of receipt of 3
proof of certification from a recovery residence within thirty (30) 4
days of receipt of proof of certification]. 5
(2) The cabinet shall not disclose the address of a recovery residence except to loc al 6
governments, local law enforcement, and emergency personnel. 7
(3) The cabinet may: 8
(a) In lieu of posting the information required by subsection (1)(d) of this section 9
to its website, post a link to another website that aggregates information on 10
certified recovery residences or other information providers; and 11
(b) Promulgate administrative regulations in accordance with KRS Chapter 13A 12
to carry out the provisions of this section and KRS 222.500, 222.502, 13
222.506, 222.508, and 222.510. 14
(4) If a recovery re sidence violates any provision of this section, KRS 222.502, or any 15
administrative regulation promulgated thereunder, the cabinet and local 16
governments are hereby granted the authority and legal standing necessary to 17
impose civil fines as permitted under s ubsection (5) of this section and to initiate 18
appropriate legal action to compel a recovery residence that is operating in violation 19
of KRS 222.502 to cease operating. 20
(5) (a) Any certified recovery residence or other person operating a recovery 21
residence who knowingly fails to submit any report, data, or other information 22
as may be required by the cabinet through the promulgation of an 23
administrative regulation or by a local government through the enactment of a 24
local ordinance or who submits fraudulent re ports, data, or information may 25
be subject to civil fines established by the cabinet through the promulgation of 26
an administrative regulation or by a local government through the enactment 27
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of a local ordinance. 1
(b) Any person or entity who knowingly establ ishes, maintains, or operates an 2
uncertified recovery residence in violation of KRS 222.502 may be subject to 3
civil fines established by the cabinet through the promulgation of an 4
administrative regulation or by a local government through the enactment of a 5
local ordinance. 6
(6) Notwithstanding any law to the contrary, a recovery residence that furnishes proof 7
of current certification from a certifying organization to a local government shall be 8
presumed by the local government to be in compliance with this section and KRS 9
222.500, 222.502, 222.506, 222.508, and 222.510. 10
Section 2. KRS 222.510 is amended to read as follows: 11
(1) Nothing in KRS 222.500 to 222.510 shall be interpreted or construed to alter, 12
amend, or otherwise infringe upon a local government's authority to regulate the use 13
of property through properly enacted land use laws pursuant to KRS Chapter 100, 14
rental property regulations, or any other local government authority provided under 15
the law. 16
(2) Local governm ents with appropriate jurisdiction may maintain a registry of 17
recovery residences, including the information listed in subsection (1)(f) of 18
Section 1 of this Act. 19