{"data":{"id":"us-ky/krs-367.379","jurisdiction":"us-ky","citation":"KRS 367.379","heading":"Definitions for section -- Activities of contractors during declared state of","body":"emergency -- Registration requirement -- Enforcement by Attorney General --\nProhibition against solicitation -- Restrictions on local governments --\nAdministrative regulation.\n(1) As used in this section:\n(a) \"Contractor\" means any person or business engaged in:\n1. Roofing or siding repair or replacement;\n2. Water damage mitigation or restoration; or\n3. Tree or debris removal;\n(b) \"Designated area\" means the geograph ical area indicated in a state of\nemergency declaration issued by:\n1. The Governor, or a local chief executive officer, under KRS 39A.100; or\n2. A local government under KRS 39B.070; and\n(c) \"Local government\" means any city, county, urban -county government,\nconsolidated local government, charter county government, or unified local\ngovernment.\n(2) (a) When a state of emergency is declared by the Governor, a local chief\nexecutive officer, or a local government under KRS 39A.100 or 39B.070, as\napplicable, and the state of emergency results from an incident or situation\nthat causes destruction to real estate, the Attorney General may issue an order\nrequiring all persons engaging in business as a c ontractor in the designated\narea to comply with this section for a period of time determined by the\nAttorney General to be sufficient to protect the lives, property, and welfare of\ncitizens in the designated area, which period of time may be extended by\nsubsequent order.\n(b) If an order is issued under paragraph (a) of this subsection, the Attorney\nGeneral shall:\n1. Subject to subsection (6)(c) of this section, issue an order determining\nwhether a local government within the designated area imposes greater\nemergency registration or emergency licensure requirements on\ncontractors doing business in the designated area than the requirements\nin subsection (3)(a), (b), and (c) of this section; and\n2. Issue a certificate of registration to any contractor that subm its a\ncompleted registration application that meets the requirements of this\nsection.\n(c) All contractors engaging in business within the designated area shall comply\nwith this section in accordance with any order issued by the Attorney General\nunder paragraph (a) of this subsection.\n(d) A certificate of registration issued under paragraph (b)2. of this subsection\nshall not be transferred, leased, or sold.\n(e) Any peace officer in the designated area shall be authorized to enforce an\norder issued under paragraph (a) of this subsection.\n(3) Except as provided in subsection (5) of this section, a contractor subject to an order\nissued under subsection (2)(a) of this section shall:\n(a) Submit an application for registration to the Attorney General, and on a form\nestablished by the Attorney General, which shall at a minimum, include:\n1. The name, physical address, phone number, mailing address, and email\naddress of the contractor;\n2. The name, Social Security number, physical address, mailing address,\nand phone number of the owner of the contractor business;\n3. The name, driver's license number, Social Security number, and date of\nbirth of a local contact person, who shall be responsible for the conduct\nof all employees and solicitors of the contractor in the designated area;\n4. The following:\na. Evidence that the contractor has a liability insurance policy or\nbond;\nb. The name and phone number of the insurer or bond company; and\nc. If applicable, the policy number;\n5. Evidence of the contractor's compliance with ap plicable workers'\ncompensation laws and, if applicable, the risk number;\n6. Any former names under which the contractor has operated in the past\nten (10) years; and\n7. Whether the contractor has been the subject of a business -related\nlawsuit;\n(b) Upon request, provide a copy of the contractor's certificate of registration to\nany:\n1. Person doing business with the contractor in the designated area,\nincluding but not limited to customers and prospective customers;\n2. Official, employee, or other representativ e of a local government in the\ndesignated area; and\n3. Peace officer in the designated area;\n(c) Conspicuously post a copy of the contractor's certificate of registration at each\njob site within the designated area;\n(d) Provide proof of the contractor's registration under this section to an insured\nand the insured's insurer with any authorization of a  direction of payment\nunder a property, casualty, or property and casualty insurance claim; and\n(e) Comply with:\n1. Subsection (4) of this section; and\n2. KRS 367.620 to 367.628.\n(4) (a) Except as provided in paragraph (b) of this subsection, in order to p rotect the\nsafety and well -being of first responders, victims of the declared state of\nemergency, and others in the designated area, a contractor shall not solicit\nbusiness in person within the designated area for ninety (90) days after the\nstate of emergency was declared without prior approval of the property owner.\n(b) This subsection shall not prohibit:\n1. A contractor from soliciting business in person upon the request of the\nproperty owner;\n2. Public advertising; or\n3. Direct communications by telephone or digital means.\n(5) (a) Except as provided in paragraph (b) of this subsection, a local government\nshall not require any emergency registration or emergency licensure for a\ncontractor that complies with subsection (3)(a), (b), and (c) of this section\nduring the period of time determined by the Attorney General under\nsubsection (2)(a) of this section.\n(b) If the Attorney General issues an order under subsection (2)(b)1. of this\nsection determining that a local government in the designated area imposes\nemergency registration or emergency licensure requirements for contractors\nthat are greater than the requirements imposed under subsection (3)(a), (b),\nand (c) of this section, a contractor doing business in the designated area shall:\n1. Comply with all of t he emergency registration or emergency licensure\nrequirements of the local government; and\n2. Be exempt from subsection (3)(a), (b), and (c) of this section.\n(6) (a) When a state of emergency is declared by the Governor, a local chief\nexecutive officer, or  a local government under KRS 39A.100 or 39B.070, as\napplicable, and the state of emergency results from an incident or situation\nthat causes destruction to real estate, a local government in the designated\narea may submit a written declaration to the Attorney General that:\n1. States that the local government's emergency registration or emergency\nlicensure requirements for contractors are greater than the requirements\nimposed under subsection (3)(a), (b), and (c) of this section; and\n2. Includes a copy of t he applicable ordinances, orders, or regulations of\nthe local government.\n(b) If a local government files a declaration under paragraph (a) of this\nsubsection, the Attorney General shall, within five (5) days of receiving the\ndeclaration, provide a written response to the local government that:\n1. Affirms the declaration; or\n2. Rejects the declaration.\n(c) An order issued by the Attorney General under subsection (2)(b)1. of this\nsection shall conform to the response provided to the local government under\nparagraph (b) of this subsection.\n(7) The Attorney General may promulgate administrative regulations in accordance\nwith KRS Chapter 13A necessary for or as an aid to the effectuation of this section.\n(8) This section shall not prevent a local government from  enforcing any ordinance or\nregulation of general applicability related to occupational licenses, including the\nlocal government's existing ordinances governing itinerant merchants.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57398","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"dd445be9a317f3561baad736351529a2227884e63014d3ca6ad4f46fd88bb188","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.378","next":"us-ky/krs-367.380"},"notice":"GroundRules: Original legal text. Not legal advice."}