FrankGoortani/open-us-law huggingface dataset:
KRS § 15.245 — KY Code / Title III / Chapter 15 / Section 15.245
15.245 Witness and victim rights pamphlet -- Preparation -- Distribution
Status: in_force

15.245 Witness and victim rights pamphlet -- Preparation -- Distribution.

(1) The Attorney General shall prepare a pamphlet of not more than two (2) pages

explaining to victims and witnesses of crime:

(a) How the criminal justice system functions from the point of the complaint

through the trial;

(b) The role of the attorney for the Commonwealth;

(c) The role of the defense attorney and whether the victim or witness must talk to

the defense attorney and under what conditions;

(d) The process for applying for crime victim compensation money;

(e) The duties of the attorney for the Commonwealth under KRS 421.500;

(f) How the victim or witness can be notified of the release of a person from a

juvenile detention facility, jail, or prison;

(g) General information on how the victim or witness can protect himself from

intimidation; and

(h) Such other information as the Attorney General deems relevant.

(2) The Attorney General shall provide the pamphlet to each Commonwealth's and

county attorney in sufficient quantity to distribute to victims of crime and to

witnesses for the Commonwealth.

(3) Each Commonwealth's and county attorney shall distribute the pamphlet to crime

victims and witnesses and may distribute the pamphlet to other interested persons.

No charge shall be made for the pamphlet.
KRS § 434.670 — KY Code / Title XL / Chapter 434 / Section 434.670
434.670 Failure to furnish goods, services, etc., represented in writing as furnished
Status: in_force

434.670 Failure to furnish goods, services, etc., represented in writing as furnished.

A person, business organization, or financial institution who is authorized by an issuer to

furnish money, goods, services, or anything else of value upon presentation of a credit or

debit card by a cardholder, or any agent or employee of such person, business

organization, or financial institution, who, with intent to defraud the issuer, a

participating party, the cardholder, or any other person, fails to furnish money, goods,

services, or anything else of value which he represents in writing to the issuer that he has

furnished over a six (6) month period is guilty of a Class A misdemeanor if the difference

between the value of all money, goods, services, or anything else of value actually

furnished and the value represented to the issuer to have been furnished is less than five

hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or

more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is

ten thousand dollars ($10,000) or more.
KRS § 117.317 — KY Code / Title X / Chapter 117 / Section 117.317
117.317 Acts prohibited to challengers
Status: in_force

117.317 Acts prohibited to challengers.

A challenger appointed and certified as provided in KRS 117.315 shall not:

(1) Electioneer or campaign on behalf of any candidate, issue, or political party;

(2) Handle official election materials except as provided in KRS 117.187;

(3) Attempt to intimidate or harass, verbally or otherwise, any voter who is being

challenged or any precinct election officer;

(4) Behave in any manner to disrupt activities at the polling place; or

(5) Attempt to interfere with the proper conduct of the election.
KRS § 15.822 — KY Code / Title III / Chapter 15 / Section 15.822
15.822 Payments to be made through the state agency or the agency's designee
Status: in_force

15.822 Payments to be made through the state agency or the agency's designee.

(1) Child support payments made pursuant to a court order shall be made through the

state agency or an agency designated by the state agency to receive payments and

paid to the Office of the Attorney General upon notice by the office to the court and

the obligor that the child is a recipient of services pursuant to Title IV-D of the

Social Security Act.

(2) Payment of support payments by the obligor directly to a child who is receiving

public assistance after the obligor has been notified pursuant to subsection (1) of

this section does not abate the obligor's support obligation to the Office of the

Attorney General.
KRS § 150.400 — KY Code / Title XII / Chapter 150 / Section 150.400
150.400 Traps -- Approval -- Prohibition -- New design
Status: in_force

150.400 Traps -- Approval -- Prohibition -- New design.

(1) No person shall set, use or maintain, for the purpose of taking wildlife, any steel

trap unless the size and type of the trap has been approved by the commissioner and

the commission by regulation.

(2) The commissioner may approve, by regulation, any commercially manufactured trap

which is designed to take wildlife alive and unhurt or to kill instantly.

(3) Subject to the provisions of KRS 150.410 it shall be lawful to use snares, deadfalls,

wire cage or box traps, but no person shall set, use or maintain a snare large enough

to take deer, elk or bear.

(4) Any manufacturer designing a new trap may send a sample to the commissioner for

approval or disapproval.
KRS § 82.670 — KY Code / Title IX / Chapter 82 / Section 82.670
82.670 Overlay district regulations -- Other provisions in ordinance establishing district
Status: in_force

82.670 Overlay district regulations -- Other provisions in ordinance establishing

district.

(1) A city establishing an overlay district under KRS 82.660, shall, in the ordinance that

creates the overlay district, delegate the responsibility for the administration of

overlay district regulations to a department or agency of the city, or to a nonprofit

corporation established by the city pursuant to KRS Chapter 58. Overlay district

regulations shall not conflict with the zoning regulations for the district and shall

not permit uses prohibited by underlying zoning regulations or prohibit uses

permitted by underlying zoning regulations. Overlay district regulations shall

supplement underlying zoning regulations by establishing additional design

standards, guidelines, and criteria for development within the district to preserve,

conserve, or protect the historical, cultural, architectural, aesthetic, or other

distinctive characteristics of the district.

(2) The ordinance establishing the district shall, in addition to the provisions of KRS

82.660, contain the following provisions:

(a) A requirement that the designated department or agency of the city, or KRS

Chapter 58 nonprofit corporation that has been delegated responsibility for

administration of overlay district regulations, shall establish a body to assist in

the review of design standards and development proposals that shall be

composed of persons possessing expertise in architecture, urban design, urban

planning, historic preservation, or other appropriate fields; and

(b) A procedure for the review of proposed development within the district that

shall provide for adequate notice, public hearings, and timely consideration of

applications.

(3) Any applicant denied a permit under KRS 82.660(4) shall have a right of appeal

from such written denial to the Circuit Court of the county in which the city is

located. The ordinance establishing the district may provide that any applicant shall

first appeal such written denial to the city legislative body and that the decision of

the city legislative body shall be the action appealable to the Circuit Court. The

appeal from the denial of the city legislative body shall be taken within thirty (30)

days of the date of such written denial.

(4) Any city legislative body that creates an overlay district pursuant to KRS 82.660

shall hold a public hearing prior to adoption of the ordinance establishing the

district. Notice of the public hearing shall be published pursuant to KRS Chapter

424 and an owner of every parcel of property within the proposed district shall be

notified by first class mail. Records of the county property valuation administrator

may be relied upon to determine the identities and addresses of the property owners.

(5) The boundaries of an overlay district shall not be altered except by following the

same procedure required for the establishment of an overlay district.
KRS § 148.690 — KY Code / Title XII / Chapter 148 / Section 148.690
148.690 Determination of boundaries of abandoned rights-of-way and abandoned railroad corridors -- Evaluation of potential for conversion to railtrail
Status: in_force

148.690 Determination of boundaries of abandoned rights-of-way and abandoned

railroad corridors -- Evaluation of potential for conversion to railtrail.

(1) The department shall review all formal declarations of railroad right-of-way

abandonments by the Surface Transportation Board or other agency with

jurisdiction and may review former railroad corridors for possible inclusion in the

state trails system. The commissioner shall, within three (3) years after the route of

a trail or trail segment included in the system has been located, determine the

boundaries of the right-of-way to be associated with that trail. Such boundaries shall

be established in such a manner that they protect the scenic value of the trail.

(2) The commissioner is authorized to develop effective procedures to assure that,

wherever practicable, utility rights-of-way, abandoned railroad corridors, or similar

properties having value for trail purposes may be made available for such use;

however, the commissioner shall take into consideration the rights of adjacent

property owners in the development of any such procedures. Other departments of

state government having jurisdiction, control over, or information concerning the

use, abandonment, or disposition of rights-of-way, railroad corridors, and similar

properties that may be suitable for trail purposes shall cooperate with the

commissioner in the transfer of these rights for trail use. These procedures shall

include, at a minimum, that, for every railroad corridor that is the subject of a

request for federal authority to discontinue service or for federal regulatory

abandonment, the commissioner shall evaluate the potential of converting that

corridor into a railtrail. The commissioner shall cause a preliminary review to be

completed within thirty (30) days of the publication of the request for federal

authority in the Federal Register. The commissioner shall cause a final review to be

completed ninety (90) days after the publication of the request for federal authority

in the Federal Register. The commissioner shall timely transmit copies of these

reviews to the Legislative Research Commission and to the Commonwealth's

Railtrail Development Office in the Department for Local Government as they are

completed. If either review indicates the possibility of converting the corridor into a

railtrail, the commissioner may participate in the federal proceeding to request that

the corridor be railbanked in accordance with federal law or to request the

imposition of a public use condition.
KRS § 327.060 — KY Code / Title XXVI / Chapter 327 / Section 327.060
327.060 Licensing requirements for persons holding a license in another state and persons trained in a foreign country
Status: in_force

327.060 Licensing requirements for persons holding a license in another state and

persons trained in a foreign country.

(1) The board shall issue a license to:

(a) An individual who holds a valid license from another state, who meets

requirements specified in KRS 327.050 and who has no imposed or pending

disciplinary actions.

(b) An individual who has been educated as a physical therapist outside the

United States and who has:

1. Completed the application process;

2. Provided satisfactory evidence to the board that his or her education is

substantially equivalent to the requirements for physical therapists

educated in United States accredited educational programs;

3. Provided written proof that the school of physical therapy education

outside the United States is recognized by its own ministry of education;

4. Successfully completed the examinations provided for in KRS 327.050;

5. Passed the board-approved English language proficiency examinations if

English is not his or her native language;

6. Successfully completed, prior to licensure, a board-approved, supervised

practice period of not less than three (3) months nor more than six (6)

months, under the direct supervision of a physical therapist who holds an

unrestricted Kentucky license. This requirement may be satisfied by at

least three (3) months of supervised practice as a physical therapist in a

state with license requirements comparable to or more stringent than

those of Kentucky;

7. Provided proof of legal authorization to reside and seek employment in

the United States or its territories;

8. Provided proof of authorization to practice as a physical therapist

without limitations in the country where the professional education

occurred;

9. Submitted to a prescreening process by an agency approved by the

board; and

10. Submitted educational credentials to the board for evaluation by an

agency approved by the board.

(2) The board may approve an agency to prescreen applicants for initial licensure under

this section.

(3) The board may approve one (1) or more services to provide an evaluation of the

applicant's educational credentials for board approval for licensing under this

section.

(4) The board may waive the requirements of subsection (1)(b) 3., 9., and 10. of this

section if the applicant is a graduate of a professional physical therapy education

program preapproved by the board.
KRS § 342.402 — KY Code / Title XXVII / Chapter 342 / Section 342.402
342.402 Restraining or enjoining of operations of employer
Status: in_force

342.402 Restraining or enjoining of operations of employer.

The commissioner, upon showing a certification of noncompliance, may temporarily

restrain or temporarily or permanently enjoin the further operation of any employer

covered by this chapter. The action shall be brought in Franklin Circuit Court.
KRS § 199.897 — KY Code / Title XVII / Chapter 199 / Section 199.897
199.897 Notification concerning Kentucky Consumer Product Safety Program
Status: in_force

199.897 Notification concerning Kentucky Consumer Product Safety Program.

(1) The Cabinet for Health and Family Services shall notify licensed child-care centers

and certified family child-care homes on an ongoing basis, including during the

license or certification application process and any monitoring visits, of the

Kentucky Consumer Product Safety Program and the program's Web site. Licensed

child-care centers shall post in a prominent location a notice of the existence of the

Consumer Product Safety Program and the program's Web site.

(2) The Cabinet for Health and Family Services may promulgate administrative

regulations to carry out this section.

(3) This section may be cited as The Child Safety Act of 2009.
KRS § 164.507 — KY Code / Title XIII / Chapter 164 / Section 164.507
164.507 Exemption from matriculation or tuition fee for deceased veteran's spouse or child under age 26
Status: in_force

164.507 Exemption from matriculation or tuition fee for deceased veteran's

spouse or child under age 26.

(1) The nonremarried spouse, regardless of age, and any child, stepchild, or

orphan, under the age of twenty-six (26), of a deceased veteran shall not be

required to pay any matriculation or tuition fees upon admission to any

state-supported university, junior college, or vocational training institute for a

period not in excess of forty-five (45) months in order to obtain a diploma, nor

in excess of the lesser number of months required for a certificate of

completion, if the deceased parent or spouse:

(a) 1. Served in the Armed Forces of the United States during a national

emergency, wars declared by Congress, or actions of the United

Nations; or

2. Died while on active duty in the Armed Forces of the United States

regardless of wartime service; or

3. Died as a result of a service-connected disability acquired while on

active duty with the Armed Forces of the United States regardless of

wartime service; and

(b) 1. Was a resident of the Commonwealth of Kentucky at the time of

death; or

2. Was married to a resident of Kentucky at the time of death; and

3. If discharged, was under honorable conditions.

(2) In order to obtain the benefits conferred by subsection (1), the parent-child

relationship must be shown by birth certificate, adoption papers, marriage

certificate, or other documentary evidence. A stepchild must have been a

member of the veteran's household at the time of the veteran's death. The

spousal relationship must be shown by a marriage certificate or other

documentary evidence. The parent's or spouse's service and the cause of

death must be evidenced by certification from the records of the Kentucky

Department of Military Affairs, the United States Department of Veterans Affairs

Records, or the Department of Defense of the United States. In the event one

so admitted to a state-supported university, junior college, or vocational training

institution under this section shall have obtained a cash scholarship paid or

payable to the institution, from whatever source, the amount of the scholarship

shall be applied to the credit of the applicant in the payment of incidental

expenses of attendance at the institution, and any balance, if the terms of the

scholarship permit, shall be returned to the applicant.
KRS § 226.990 — KY Code / Title XIX / Chapter 226 / Section 226.990
226.990 Penalties
Status: in_force

226.990 Penalties.

(1) Any pawnbroker who violates any of the provisions of KRS 226.020 to 226.050

shall be fined not less than fifty dollars ($50) nor more than five hundred dollars

($500), and his license may be forfeited to the use of the city or county in which the

prosecution takes place.

(2) Any pawnbroker or pawnbroker's clerk who violates any of the provisions of KRS

226.060 shall be fined not less than fifty dollars ($50) nor more than five hundred

dollars ($500).

(3) Any pawnbroker who violates any of the provisions of KRS 226.070 shall be fined

not less than twenty dollars ($20) nor more than one hundred dollars ($100).

(4) Any pawnbroker who violates any of the provisions of KRS 226.080 or 226.090

shall be subject to the penalties provided in subsection (1) of this section.
KRS § 139.536 — KY Code / Title XI / Chapter 139 / Section 139.536
139.536 Tourism attraction project credit against sales tax
Status: in_force

139.536 Tourism attraction project credit against sales tax.

(1) As used in this section:

(a) "Agreement" means the same as defined in KRS 148.851;

(b) "Approved company" means the same as defined in KRS 148.851;

(c) "Approved costs" means the same as defined in KRS 148.851;

(d) "Authority" means the same as defined in KRS 148.851;

(e) "Cabinet" means the same as defined in KRS 148.851;

(f) "Secretary" means the secretary of the Tourism, Arts and Heritage Cabinet;

and

(g) "Tourism development project" means the same as defined in KRS 148.851.

(2) (a) In consideration of the execution of the agreement and notwithstanding any

provision of KRS 139.770 to the contrary, the approved company excluding

its lessees, may be granted a sales tax incentive based on the Kentucky sales

tax imposed by KRS 139.200 on the sales generated by or arising at the

tourism development project as provided in KRS 148.853.

(b) The approved company shall have no obligation to refund or otherwise return

any amount of this sales tax refund to the persons from whom the sales tax

was collected.

(3) The authority shall notify the department upon approval of a tourism development

project. The notification shall include the name of the approved company, the name

of the tourism development project, the date on which the approved company is

eligible to receive incentives under this section, the term of the agreement, the

estimated approved costs, and the specified percentage of the approved costs that

the approved company is eligible to receive and any other information that the

department may require.

(4) The sales tax incentive shall be reduced by the amount of vendor compensation

allowed under KRS 139.570.

(5) The approved company seeking the incentives shall execute information-sharing

agreements prescribed by the department with its lessees and other related parties to

verify the amount of sales tax eligible for the sales tax refund under this section.

(6) By October 1 of each year, the department shall certify to the authority and the

secretary the sales tax liability of the approved companies receiving incentives

under this section and KRS 148.851 to 148.860, and their lessees, and the amount

of the sales tax refunds issued pursuant to this section for the preceding fiscal year.

(7) Interest shall not be allowed or paid on any refund made under the provisions of this

section.

(8) The department may promulgate administrative regulations and require the filing of

forms designed by the department to reflect the intent of this section and KRS

148.851 to 148.860.
KRS § 151.620 — KY Code / Title XII / Chapter 151 / Section 151.620
151.620 Legislative findings
Status: in_force

151.620 Legislative findings.

The General Assembly finds that groundwater makes up over ninety-five percent (95%)

of the water resources in Kentucky. Groundwater accounts for over thirty percent (30%)

of the public and domestic water supplies in the Commonwealth, and up to ninety percent

(90%) of all rural domestic supplies, and is the major source of water to streams. It is

imperative that a system for characterizing and monitoring groundwater be developed so

that information acquired through various monitoring programs will allow Kentucky to

identify and characterize the groundwater resource. The information from the monitoring

network can be used to enhance the Kentucky Groundwater Data Repository; identify,

characterize, and model groundwater systems; develop community and private water

supplies; address resource allocation concerns; set boundaries on wellhead protection

areas; recognize groundwater degradation if it occurs; and evaluate and improve the

quality and quantity of data collected through all programs.
KRS § 186.018 — KY Code / Title XVI / Chapter 186 / Section 186.018
186.018 Driving history records of operators -- Fees
Status: in_force

186.018 Driving history records of operators -- Fees.

(1) For purposes of maintaining driving history records of operators of motor vehicles

of the Commonwealth, the files of the Transportation Cabinet shall be used to

ascertain the driving history record of each person who is licensed to operate a

motor vehicle within the Commonwealth.

(2) Except as provided in subsections (3) and (4) of this section, the Transportation

Cabinet shall destroy, and shall not maintain, records of moving traffic convictions

that are more than five (5) years old.

(3) For any licensee who now holds, who has applied for, or has ever held a

commercial driver's license or commercial learner's permit issued pursuant to KRS

281A.120 or 281A.170, the cabinet shall keep conviction records indefinitely.

(4) The Transportation Cabinet shall not release information on the driving history

record of a person under the age of twenty-one (21) whose operator license has

been suspended pursuant to KRS 189A.010(6). The cabinet shall destroy, and shall

not maintain, the record of the suspension of a person's operator's license if the

license was suspended pursuant to KRS 189A.010(6), within five (5) working days

of the person's operator's license being reinstated. This subsection shall not apply to

a person who holds, or is required to hold, a commercial driver's license or

commercial learner's permit.

(5) The cabinet shall charge a fee of three dollars ($3) for any driving history record,

ten cents ($0.10) of which shall be deposited in a special account within the road

fund to be used exclusively by the Transportation Cabinet for the state driver

education program as designated in KRS 186.535.