FrankGoortani/open-us-law huggingface dataset:
KRS § 99.800 — KY Code / Title IX / Chapter 99 / Section 99.800
99.800 Hearing -- Conditions for eligibility of conservatorship
Status: in_force

99.800 Hearing -- Conditions for eligibility of conservatorship.

(1) The court shall act upon a petition filed by holding a hearing. A party in interest

may be heard with respect to the petition, the requested relief, or any other matter

which may come before the court in reference to the proceeding. Any party in

interest shall be permitted to present evidence to support or contest the petition,

including but not limited to the schedule of encumbrances.

(2) The court may appoint a competent entity as conservator if it finds all of the

following apply as of the date of filing the petition:

(a) The building has not been legally occupied for at least the previous twelve

(12) months;

(b) The owner fails to present sufficient evidence that the property was actively

marketed during the preceding sixty (60) day period;

(c) The property is not subject to a pending foreclosure action by an individual or

nongovernmental entity;

(d) The property is not subject to an outstanding mortgage held by a bank or other

creditor with a recorded security interest in the property, unless waived by the

bank or other creditor;

(e) The owner fails to present sufficient evidence the property was acquired by

the owner within the preceding six (6) months. The evidence shall not include

instances where the prior owner is a member of the immediate family of the

current owner, unless the transfer of title results from the death of the prior

owner; and

(f) The court finds at least three (3) of the conditions meeting the definition of

abandoned and blighted property in KRS 99.785 have been established.
KRS § 162.070 — KY Code / Title XIII / Chapter 162 / Section 162.070
162.070 Contracts for buildings, improvements, and materials to be let on competitive bidding -- When advertisements not required
Status: in_force

162.070 Contracts for buildings, improvements, and materials to be let on

competitive bidding -- When advertisements not required.

The contracts for the erection of new school buildings, additions and repairs to old

buildings, except additions or repairs not exceeding seven thousand five hundred dollars

($7,500), shall be made by the board of education with the lowest and best responsible

bidder complying with the terms of the letting, after advertisement for competitive bids

pursuant to KRS Chapter 424, but the board may reject any or all bids. All necessary

specifications and drawings shall be prepared for all such work. The board shall advertise

for bids on all supplies and equipment that it desires to purchase, except where the

amount of the purchase does not exceed seven thousand five hundred dollars ($7,500),

and shall accept the bid of the lowest and best bidder taking into consideration the price

and the reciprocal preference for resident bidders under KRS 45A.494, but the board may

reject any and all bids.
KRS § 61.010 — KY Code / Title VIII / Chapter 61 / Section 61.010
61.010 Office not to be sold -- Penalty -- Contracts to sell are void
Status: in_force

61.010 Office not to be sold -- Penalty -- Contracts to sell are void.

(1) No civil or military office or post of profit, trust, or honor under this state, nor the

deputation thereof, in whole or in part, shall be sold or let to farm by any person

holding or expecting to hold it.

(2) Any person selling, letting, buying, or receiving the letting of any office or post, or

with whose knowledge it has been bought for him by another, shall be disqualified

from holding the office or post, or the deputation thereof, and, upon conviction,

shall be expelled therefrom.

(3) Except as to bonds of indemnity from a deputy and his sureties given to a chief

officer, every contract or security made or obtained in violation of this section shall

be void.
KRS § 227.770 — KY Code / Title XIX / Chapter 227 / Section 227.770
227.770 Definitions for KRS 227.770 to 227.784
Status: in_force

227.770 Definitions for KRS 227.770 to 227.784.

As used in KRS 227.770 to 227.784:

(1) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco

or any other substance, irrespective of size or shape, and whether or not the tobacco

or substance is flavored, adulterated, or mixed with any other ingredient, the

wrapper or cover of which is made of paper or any other substance or material

except tobacco;

(2) "Manufacturer" means:

(a) Any entity which manufactures or otherwise produces cigarettes or causes

cigarettes to be manufactured or produced anywhere that the manufacturer

intends to be sold in this state, including cigarettes intended to be sold in the

United States through an importer;

(b) The first purchaser anywhere that intends to resell in the United States

cigarettes manufactured anywhere that the original manufacturer or maker

does not intend to be sold in the United States; or

(c) Any entity that becomes a successor of an entity described in paragraphs (a)

and (b) of this subsection;

(3) "Quality control and quality assurance program" means the laboratory procedures

implemented to ensure that operator bias, systematic and nonsystematic

methodological errors, and equipment-related problems do not affect the results of

the testing. The program shall ensure that the testing repeatability remains within

the required repeatability values stated in KRS 227.772(1)(f) for all test trials used

to certify cigarettes in accordance with KRS 227.770 to 227.784;

(4) "Repeatability" means the range of values within which the repeat results of

cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the

time;

(5) "Retailer" means any person who sells to a consumer or to any person for any

purpose other than resale;

(6) "Sale" means:

(a) Any transfer of title or possession or both, exchange or barter, conditional or

otherwise, in any manner or by any means whatever or any agreement

therefor; and

(b) The giving of cigarettes as samples, prizes, or gifts, and the exchanging of

cigarettes for any consideration other than money;

(7) "Sell" means an act of selling, or an offer or agreement to sell; and

(8) "Wholesale dealer" means:

(a) Any person who sells cigarettes or tobacco products to retailers or other

persons for purposes of resale; and

(b) Any person who acts as a "nonresident wholesaler," "resident wholesaler," or

"unclassified acquirer" as defined in KRS 138.130, and who is authorized by

the Department of Revenue to purchase and affix tax stamps on packages of

cigarettes.
KRS § 6.767 — KY Code / Title II / Chapter 6 / Section 6.767
6.767 Prohibitions against acceptance of campaign contributions from legislative agents at any time and from employers of legislative agents or permanent committees during regular sessions -- Penalties -- Defenses
Status: in_force

6.767 Prohibitions against acceptance of campaign contributions from

legislative agents at any time and from employers of legislative agents or

permanent committees during regular sessions -- Penalties -- Defenses.

(1) For purposes of this section, "accept" means the date a contribution is

postmarked, if mailed, or the date of the hand delivery, if the contribution is

hand-delivered.

(2) A member of the General Assembly, candidate for the General Assembly, or

his or her campaign committee shall not accept a campaign contribution from a

legislative agent. Violation of this provision is ethical misconduct.

(3) A member of the General Assembly, candidate for the General Assembly, or

his or her campaign committee shall not, during a regular session of the

General Assembly, accept a campaign contribution from an employer of a

legislative agent, or from a permanent committee as defined in KRS 121.015.

Violation of this provision is ethical misconduct. This subsection shall not apply

to:

(a) Candidates for the General Assembly in a special election held during a

regular session of the General Assembly; or

(b) A member of the General Assembly who is a candidate, as defined in

KRS 121.015, contemporaneously seeking election for a statewide office.

(4) It shall be a complete defense under this section if the legislator, candidate, or

his or her campaign committee receives a campaign contribution from a

legislative agent or, during a regular session, from an employer or from a

permanent committee, which fact is unknown to the legislator, candidate, or

committee at the time of receipt, if the legislator, candidate, or his or her

campaign committee either returns the contribution within thirty (30) days of

receipt, and within fourteen (14) additional days makes that fact, together with

the name of the contributor, amount of the contribution, and the date of return

or payment known, in writing to the commission. It shall also be a defense if a

legislator, candidate, or his or her campaign committee receives a campaign

contribution from a legislative agent whose name does not yet appear on the

list of legislative agents and their employers furnished to the Legislative

Research Commission if the legislator, candidate, or his or her campaign

committee returns the campaign contribution within thirty (30) days of the

Legislative Research Commission's receipt of the list bearing the name of the

legislative agent and all employers and makes the written disclosure to the

commission required in this subsection. The time periods shall be tolled upon

the filing with the commission of a request for an advisory opinion regarding the

campaign contribution. Upon the issuance of the opinion or decision not to

render an opinion, the time period shall resume.
KRS § 164.410 — KY Code / Title XIII / Chapter 164 / Section 164.410
164.410 Acquisition and sale of property -- Disposition of surplus property
Status: in_force

164.410 Acquisition and sale of property -- Disposition of surplus property.

(1) The governing board of a postsecondary education institution may purchase or lease

land under KRS 164A.575 for the purpose of securing the erection of buildings and

may receive by any legal mode of conveyance, purchase, and hold property under

KRS 164A.575 of any description that the board deems necessary for the purposes

of the school, and may build and construct improvements for such purposes and

hold or sell the same. If a governing board is unable to agree with the owner of the

real estate as to its value, or to its purchase, it may proceed in its own name to

condemn the real estate in the manner provided in the Eminent Domain Act of

Kentucky. Real estate acquired by purchase or condemnation shall be paid for out of

money appropriated to the institution.

(2) The governing board of each institution shall periodically review the assets of the

institution and shall sell and convey under KRS 164A.575 those assets not

necessary for implementing the institutional mission. Proceeds from the disposition

shall be deposited in the unexpended plant fund account or in the fund for

excellence authorized by KRS 164A.620.

(3) Any real property acquired under this section shall be in name of the

Commonwealth for the use and benefit of the institution.
KRS § 403.830 — KY Code / Title XXXV / Chapter 403 / Section 403.830
403.830 Notice -- Opportunity to be heard -- Joinder
Status: in_force

403.830 Notice -- Opportunity to be heard -- Joinder.

(1) Before a child custody determination is made under KRS 403.800 to 403.880,

notice and an opportunity to be heard in accordance with the standards of KRS

403.812 shall be given to all persons entitled to notice under the law of this state as

in child custody proceedings between residents of this state, any parent whose

parental rights have not been previously terminated, and any person having physical

custody of the child.

(2) KRS 403.800 to 403.880 does not govern the enforceability of a child custody

determination made without notice or an opportunity to be heard.

(3) The obligation to join a party and the right to intervene as a party in a child custody

proceeding under KRS 403.800 to 403.880 are governed by the law of this state as

in child custody proceedings between residents of this state.
KRS § 198A.120 — KY Code / Title XVII / Chapter 198A / Section 198A.120
198A.120 All moneys received are trust funds and may be temporarily invested
Status: in_force

198A.120 All moneys received are trust funds and may be temporarily invested.

Notwithstanding any other provisions of law to the contrary, all moneys received pursuant

to the authority of this chapter shall be deemed to be trust funds to be held and applied

solely as provided in this chapter. The resolution authorizing any obligations or the trust

agreement securing the same may provide that any of such moneys may be temporarily

invested pending the disbursement thereof and shall provide that any officer with whom,

or any bank or trust company with which, such moneys shall be deposited shall act as

trustee of such moneys and shall hold and apply the same for the purposes hereof, subject

to such regulations as this chapter and such resolution or trust agreement may provide.

Any such moneys or any other moneys of the corporation may be invested as provided in

KRS 386.020.
KRS § 199.898 — KY Code / Title XVII / Chapter 199 / Section 199.898
199.898 Rights for children in child-care programs and their parents, custodians, or guardians -- Posting and distribution requirements
Status: in_force

199.898 Rights for children in child-care programs and their parents, custodians,

or guardians -- Posting and distribution requirements.

(1) All children receiving child-care services in a day-care center licensed pursuant to

KRS 199.896, a family child-care home certified pursuant to KRS 199.8982, or

from a provider or program receiving public funds shall have the following rights:

(a) The right to be free from physical or mental abuse;

(b) The right not to be subjected to abusive language or abusive punishment; and

(c) The right to be in the care of adults who shall meet their health, safety, and

developmental needs.

(2) Parents, custodians, or guardians of children specified in subsection (1) of this

section shall have the following rights:

(a) The right to have access to their children at all times the child is in care and

access to the provider caring for their children during normal hours of

provider operation and whenever the children are in the care of the provider;

(b) The right to be provided with information about child-care regulatory

standards, if applicable; where to direct questions about regulatory standards;

and how to file a complaint;

(c) The right to file a complaint against a child-care provider without any

retribution against the parent, custodian, guardian, or child;

(d) The right to obtain information from the cabinet regarding any type of

licensure denial, suspension, or revocation of an operator, and cabinet reports

that have found abuse or neglect by any child-care provider or any employee

of a child care provider. Identifying information regarding children and their

families shall remain confidential;

(e) The right to obtain information from the cabinet regarding the inspections and

plans of correction of the day-care center, the family child-care home, or the

provider or program receiving public funds within the past year; and

(f) The right to review and discuss with the provider any state reports and

deficiencies revealed by such reports.

(3) The child-care provider who is licensed pursuant to KRS 199.896 or certified

pursuant to KRS 199.8982 shall post these rights in a prominent place and shall

provide a copy of these rights to the parent, custodian, or guardian of the child at the

time of the child's enrollment in the program.
KRS § 292.313 — KY Code / Title XXV / Chapter 292 / Section 292.313
292.313 Applicability of specified provisions to sales transactions
Status: in_force

292.313 Applicability of specified provisions to sales transactions.

(1) KRS 292.320(1), 292.330, 292.340, 292.450, and 292.480 apply to persons who sell

or offer to sell when an offer to sell is made in this state, or an offer to buy is made

and accepted in this state.

(2) KRS 292.320(1), 292.330, and 292.450 apply to persons who buy or offer to buy

when an offer to buy is made in this state, or an offer to sell is made and accepted in

this state.

(3) For the purpose of this section, an offer to sell or to buy is made in this state,

whether or not either party is then present in this state, when the offer originates

from this state or is directed by the offeror to this state and received at the place to

which it is directed (or at any post office in this state in the case of a mailed offer).

(4) For the purpose of this section, an offer to buy or to sell is accepted in this state

when acceptance is communicated to the offeror in this state and has not previously

been communicated to the offeror, orally or in writing, outside this state; and

acceptance is communicated to the offeror in this state, whether or not either party

is then present in this state, when the offeree directs it to the offeror in this state

reasonably believing the offeror to be in this state and it is received at the place to

which it is directed (or at any post office in this state in the case of a mailed

acceptance).

(5) An offer to sell or to buy is not made in this state when the publisher circulates or

there is circulated on his behalf in this state any bona fide newspaper or other

publication of general, regular, and paid circulation which is not published in this

state, or which is published in this state but has had more than two-thirds (2/3) of its

circulation outside this state during the past twelve (12) months, or a radio or

television program originating outside this state is received in this state.

(6) Subsections (2), (3), and (4) of KRS 292.320, as well as KRS 292.330 and 292.450

so far as investment advisers or investment adviser representatives are concerned,

apply when any act instrumental in effecting prohibited conduct is done in this state,

whether or not either party is then present in this state.
KRS § 148.880 — KY Code / Title XII / Chapter 148 / Section 148.880
148.880 Pine Mountain State Scenic Trail fund
Status: in_force

148.880 Pine Mountain State Scenic Trail fund.

A fund for the purpose of carrying out the provisions of KRS 148.870 to 148.892 is

hereby created, to be designated as the Pine Mountain State Scenic Trail fund, and shall

consist of all revenues derived from privileges, concessions, contracts, or otherwise, and

all moneys received by gifts, contributions, donations, and grants from public or private

sources. This shall be a trust and agency fund account maintained and disbursed by the

Tourism, Arts and Heritage Cabinet to carry out the purposes of KRS 148.870 to 148.892,

after appropriations are made for administration and other expenses and purposes

provided in KRS 148.870 to 148.892. It shall not lapse, and interest earnings shall accrue

to the fund.
KRS § 386.384 — KY Code / Title XXXIII / Chapter 386 / Section 386.384
386.384 Registered office -- Registered agent
Status: in_force

386.384 Registered office -- Registered agent.

Each domestic business trust and each foreign business trust authorized to transact

business in the Commonwealth shall continuously maintain in this Commonwealth a

registered office and a registered agent that comply with KRS 14A.4-010.
KRS § 407.5603 — KY Code / Title XXXV / Chapter 407 / Section 407.5603
407.5603 Effect of registration for enforcement
Status: in_force

407.5603 Effect of registration for enforcement.

(1) A support order or income-withholding order issued in another state or a foreign

support order is registered when the order is filed in the registering tribunal of this

state.

(2) A registered support order issued in another state or foreign country is enforceable

in the same manner and is subject to the same procedures as an order issued by a

tribunal of this state.

(3) Except as otherwise provided in KRS 407.5101 to 407.5902 of this chapter, a

tribunal of this state shall recognize and enforce, but may not modify, a registered

support order if the issuing tribunal had jurisdiction.
KRS § 216.323 — KY Code / Title XVIII / Chapter 216 / Section 216.323
216.323 District board -- Membership -- Number, how determined -- Removal of members
Status: in_force

216.323 District board -- Membership -- Number, how determined -- Removal of

members.

(1) Where there is only one (1) participating county in the district, the county

judge/executive, with the approval of the fiscal court of the participating county

shall appoint five (5) members of the district board. Where there are two (2) or

more counties participating in the district the board shall consist of at least one (1)

but not more than four (4) persons from each participating county, the total

membership of the board to consist of not less than five (5) persons. Where a

participating county in a district in which more than one (1) county is participating

has a population of seventy-five thousand (75,000) or less, that county shall be

allowed one (1) board member. Where a participating county in a district in which

one (1) or more county is participating has a population in excess of seventy-five

thousand (75,000) the county shall be allowed a board member for each forty

thousand (40,000) or a portion thereof, of population in excess of seventy-five

thousand (75,000) of population, but not to exceed four (4) members in all.

(2) Where, after each county in the district has appointed the number of board members

that it is allowed to appoint, the board consists of fewer than five (5) members the

secretary shall recommend a number of persons from the district at large suitable for

appointment to the board equal to twice the difference between the number already

appointed and five (5). The board members appointed by the county

judges/executive shall elect to the membership on the board one-half (1/2) of those

recommended by the secretary. The length of the term of no member shall be

determined as required by KRS 216.325 until the full membership of the board has

been appointed. The successors of the members from the district at large shall be

appointed in the same manner as the original members from the district at large.

Population shall be determined by the most recent decennial report of the United

States Census Bureau.

(3) A member of the board may be removed from office as provided by KRS 65.007.
KRS § 205.621 — KY Code / Title XVII / Chapter 205 / Section 205.621
205.621 Increased reimbursement for Medicaid
Status: in_force

205.621 Increased reimbursement for Medicaid.

(1) Reimbursement for physicians and dentists providing services to Medicaid

recipients shall be increased to reflect budgeted provider profiles beginning October

1, 1990.

(2) Beginning October 1, 1992, reimbursement to physicians and dentists shall be

increased annually in increments which represent a minimum seventy-five percent

(75%) of the most recently reported annual change in the consumer price index as

computed by the United States Department of Labor.
KRS § 411.200 — KY Code / Title XXXVI / Chapter 411 / Section 411.200
411.200 Immunity from civil liability of officer, director or trustee of nonprofit organization
Status: in_force

411.200 Immunity from civil liability of officer, director or trustee of nonprofit

organization.

Any person who serves as a director, officer, volunteer or trustee of a nonprofit

organization qualified as a tax-exempt organization under Section 501(c) of the Internal

Revenue Code of 1986, as from time to time amended, and who is not compensated for

such services on a salary or prorated equivalent basis, shall be immune from civil liability

for any act or omission resulting in damage or injury occurring on or after July 15, 1988,

if such person was acting in good faith and within the scope of his official functions and

duties, unless such damage or injury was caused by the willful or wanton misconduct of

such person.