FrankGoortani/open-us-law huggingface dataset:
KRS § 107.730 — KY Code / Title IX / Chapter 107 / Section 107.730
107.730 Service agreements -- Notice -- Hearing
Status: in_force

107.730 Service agreements -- Notice -- Hearing.

(1) In connection with a privatization contract, a political subdivision, if authorized by

its governing body, may enter into one (1) or more service agreements with a

private owner or private owner/operator pursuant to which the private owner or

private owner/operator will provide one (1) or more services to or for the benefit of

such political subdivisions. The service agreement shall provide for the purchase by

the political subdivision of all or any part of the capacity, capability, or output of the

facilities used to provide the applicable service, and the charges or rates for such

services, and shall contain such other terms and conditions as the political

subdivision and the private owner or private owner/operator may agree including,

without limitation, a covenant by the political subdivision to maintain rates

sufficient to pay debt service incurred in connection with the financing of

construction of a drinking water, water or wastewater project. The service

agreement, the privatization contract, the charges and rates for services, and private

owner or private owner/operator shall not be subject to the jurisdiction of the

Kentucky Public Service Commission or any successor regulatory agency unless

and only to the extent that the private owner or private owner/operator sells any part

of the services or output of the facility to a person or entity other than the political

subdivision which is a party to the service agreement.

(2) Prior to the execution of a service agreement, the governing body of the political

subdivision shall cause notice of its intention to adopt an ordinance to accomplish

such service agreement to be published pursuant to KRS Chapter 424. The notice

shall set forth a brief summary of the service agreement provisions, and set a time

and place for a public hearing to be conducted by the executive authority of the

local government. The notice shall be published each week for a period of two (2)

weeks, the first publication being not less than thirty (30) days prior to the adoption

of the ordinance approving the execution of the service agreement. The hearing may

be held in conjunction with any hearing on the question of issuing bonds to finance

the cost of the privatization project, or on the question of adoption of the service

agreement, or any other question. A copy of the proposed service agreement shall be

filed as a public record with the clerk of the political subdivision not less than thirty

(30) days prior to its adoption.
KRS § 171.392 — KY Code / Title XIV / Chapter 171 / Section 171.392
171.392 Rock fence preservation fund
Status: in_force

171.392 Rock fence preservation fund.

(1) There is hereby established in the State Treasury a rock fence preservation fund,

which shall be administered by the council. The fund may receive appropriations,

gifts, grants, federal funds, revolving funds, and any other funds from public and

private sources, to be used for reconstruction and repair of the Commonwealth's

historic drylaid rock fences and historic mortared rock fences.

(2) Moneys deposited in the fund shall be disbursed by the State Treasurer under the

Rock Fence Preservation Program established in KRS 171.393.

(3) Fund amounts not expended at the close of a fiscal year shall not lapse but shall be

carried forward to the next fiscal year. Income earned from investment of the fund

shall become part of the fund and shall not lapse.

(4) Amounts deposited in the fund are hereby appropriated for the purposes set forth in

KRS 171.391 to 171.393, and in no case shall the funds be used for executive

agency administrative costs.
KRS § 227.650 — KY Code / Title XIX / Chapter 227 / Section 227.650
227.650 Inspection powers -- Training programs for local government personnel
Status: in_force

227.650 Inspection powers -- Training programs for local government

personnel.

(1) The department is empowered to inspect all mobile homes which are not

covered by the federal act and previously owned recreational vehicles for

which it has issued a seal of approval.

(2) The department may establish and require training programs in the concept,

techniques, and inspection of manufactured homes, mobile homes, and

previously owned recreational vehicles for the personnel of local governments,

as the department considers necessary.

(3) The staff of the department, upon showing proper credentials and in the

discharge of their duties pursuant to KRS 227.550 to 227.660 or the federal

act, shall be permitted with the consent of the manufacturer or by proper

warrant to enter and inspect all factories, warehouses, or establishments in this

state in which manufactured homes are manufactured or stored.
KRS § 45A.550 — KY Code / Title VI / Chapter 45A / Section 45A.550
45A.550 Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130
Status: in_force

45A.550 Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130.

As used in KRS 45A.550 to 45A.554 and KRS 11A.130, unless the context requires

otherwise:

(1) "Privatize" means to contract out in order to procure the services of a private vendor

to provide a service that is similar to, and in lieu of, a service provided by state

employees of the privatizing agency;

(2) "Privatization contract" means an agreement or combination of a series of

agreements by which a private vendor agrees to provide services that are

substantially similar to, and in lieu of, services previously provided, in whole or in

part, by at least ten (10) permanent, full-time, budgeted employees of the state

agency. This term includes but is not limited to concession contracts. This term

does not include personal service contracts as defined in KRS 45A.690, contracts

entered into pursuant to KRS Chapter 176, 177, 178, 179, 180, or 181, Medicaid

provider contracts, architect and engineering contracts entered into pursuant to KRS

45A.800 to 45A.835, price contracts, construction contracts, or memoranda of

understanding or memoranda of agreements or program administration contracts

with the Office of the Attorney General, including contracts for child support

collections and enforcement with contracting officials as authorized by KRS

15.802; and

(3) "Services" shall not include administration and support functions of government.

"Administration and support functions" shall include, but not be limited to,

construction contracts, bond counsel and bond underwriting services, architect and

engineering services, price contracts, personal service contracts, and memoranda of

understanding and memoranda of agreement.
KRS § 171.480 — KY Code / Title XIV / Chapter 171 / Section 171.480
171.480 Buildings and facilities
Status: in_force

171.480 Buildings and facilities.

The secretary of the Finance and Administration Cabinet, at the request of the

commission, shall have authority to design, build, purchase, lease, maintain, operate,

protect, and improve buildings or facilities, including a state archives and records center

building, used for the storage of noncurrent records of state and local agencies. The

cabinet shall have custody and control of all such buildings and facilities and their

contents.
KRS § 292.991 — KY Code / Title XXV / Chapter 292 / Section 292.991
292.991 Penalties
Status: in_force

292.991 Penalties.

(1) Any person who willfully violates any provision of KRS 292.330, 292.332,

292.340, 292.450, or 292.500, or who willfully violates KRS 292.440 knowing

the statement made to be false or misleading in any material respect, shall be

guilty of a Class D felony.

(2) Any person who willfully violates any provision of KRS 292.320 shall be guilty

of:

(a) If the value of the fraud is equal to or exceeds one million dollars

($1,000,000), a Class B felony;

(b) If the value of the fraud is equal to or exceeds ten thousand dollars

($10,000) but is less than one million dollars ($1,000,000), a Class C

felony; or

(c) If the value of the fraud is less than ten thousand dollars ($10,000), a

Class D felony.

(3) Any person who willfully violates any rule or order of the commissioner,

authorized under this chapter, shall be guilty of a Class A misdemeanor; but no

person may be imprisoned for violation of any rule or order of which that

person did not have actual knowledge.

(4) The commissioner may refer such evidence as may be available concerning

violations of this chapter or of any rule or order hereunder to the Attorney

General or the proper prosecuting authority, who may in his or her discretion,

with or without such a reference, institute the appropriate criminal proceedings

under this chapter.

(5) Nothing in this chapter limits the power of the state to punish any person for

any conduct which constitutes a crime by statute or at common law.
KRS § 216B.085 — KY Code / Title XVIII / Chapter 216B / Section 216B.085
216B.085 Hearing procedures -- Notification of cabinet's decisions -- Appeals
Status: in_force

216B.085 Hearing procedures -- Notification of cabinet's decisions -- Appeals.

(1) No later than fifteen (15) days after the date the review commences, any affected

person may request a public hearing. Hearings shall be before a person designated

by the Office of Administrative Hearings within the Department of Law to serve as

hearing officer. The hearing officer shall be authorized to administer oaths, issue

subpoenas, subpoenas duces tecum, and all necessary process in the proceedings.

(2) If a hearing is requested, the Office of Administrative Hearings within the

Department of Law shall set a date, time, and place for a public hearing.

Reasonable notice of the hearing shall be given to all affected persons in

accordance with administrative regulations promulgated by the cabinet.

(3) At the hearing, any party to the proceedings shall have the right to be represented

by counsel, and to present oral or written arguments and evidence relevant to the

matter which is the subject of the hearing, and may conduct reasonable cross-

examination under oath of persons who make factual allegations relevant to such

matters. A full and complete record shall be maintained of the hearing.

(4) Any decision of the cabinet to issue or deny a certificate of need shall be based

solely on the record established with regard to the matter. All decisions granting,

denying, or modifying a certificate of need shall be made by the cabinet in writing.

The cabinet shall notify the parties to the proceedings of the decision and the

decision shall be final for purposes of judicial appeal unless a request for

reconsideration is filed. An approved certificate of need shall be issued forty (40)

days after notice of the cabinet's decision unless a request for reconsideration is

filed or a judicial appeal is taken and issuance is enjoined by the court.
KRS § 344.280 — KY Code / Title XXVII / Chapter 344 / Section 344.280
344.280 Conspiracy to violate chapter unlawful
Status: in_force

344.280 Conspiracy to violate chapter unlawful.

It shall be an unlawful practice for a person, or for two (2) or more persons to conspire:

(1) To retaliate or discriminate in any manner against a person because he has opposed

a practice declared unlawful by this chapter, or because he has made a charge, filed

a complaint, testified, assisted, or participated in any manner in any investigation,

proceeding, or hearing under this chapter; or

(2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or

practices declared unlawful by this chapter; or

(3) To obstruct or prevent a person from complying with the provisions of this chapter

or any order issued thereunder;

(4) To resist, prevent, impede, or interfere with the commission, or any of its members

or representatives, in the lawful performance of duty under this chapter; or

(5) To coerce, intimidate, threaten, or interfere with any person in the exercise or

enjoyment of, or on account of his having exercised or enjoyed, or on account of his

having aided or encouraged any other person in the exercise or enjoyment of, any

right granted or protected by KRS 344.360, 344.367, 344.370, 344.380, or 344.680.
KRS § 136.638 — KY Code / Title XI / Chapter 136 / Section 136.638
136.638 Officer and member liability for taxes due
Status: in_force

136.638 Officer and member liability for taxes due.

(1) Notwithstanding any other provision of law to the contrary, the president, vice

president, secretary, treasurer, or any other person holding any equivalent corporate

office of any corporation subject to the provisions of KRS 136.600 to 136.660 shall

be personally and individually liable, both jointly and severally, for the taxes

imposed under KRS 136.604 or 136.616. Neither the corporate dissolution or

withdrawal of the corporation from the state nor the cessation of holding any

corporate office shall discharge the foregoing liability of any person. The personal

and individual liability shall apply to each and every person holding the corporate

office at the time the taxes become or became due. No person shall be personally

and individually liable under this subsection if that person did not have authority to

collect, account for, or pay over the tax at the time that the tax imposed by KRS

136.604 or 136.616 become or became due.

(2) Notwithstanding KRS 275.150, 362.1-306(3) or predecessor law, KRS 362.2-

404(3), or any other provision of law to the contrary, the managers of a limited

liability company, the partners of a limited liability partnership, and the partners of

a limited liability limited partnership or any other person holding any equivalent

office of a limited liability company, limited liability partnership, or limited liability

limited partnership subject to KRS 136.600 to 136.660 shall be personally and

individually liable, both jointly and severally, for the taxes imposed under KRS

135.604 and 136.616. Neither the dissolution or withdrawal of the limited liability

company, limited liability partnership, or limited liability limited partnership from

the state nor the cessation of holding any office shall discharge the foregoing

liability of any person. The personal and individual liability shall apply to each and

every manager of a limited liability company, partner of a limited liability

partnership, and general partner of a limited liability limited partnership at the time

the taxes become or became due. No person shall be personally and individually

liable under this subsection, if that person had no authority to collect, account for,

or pay over the tax at the time that the taxes imposed by KRS 136.604 become or

became due or account for or pay over the tax at the time that the taxes imposed by

KRS 136.616 become or became due.

(3) "Taxes," as used in this section, shall include interest accrued at the rate provided by

KRS 131.183 and all applicable penalties and fees imposed under this chapter and

under KRS 131.180, 131.410 to 131.445, and 131.990.
KRS § 189.070 — KY Code / Title XVI / Chapter 189 / Section 189.070
189.070 Motor vehicles to carry and use required flares or similar signals
Status: in_force

189.070 Motor vehicles to carry and use required flares or similar signals.

(1) A person shall not operate any commercial motor vehicle upon a highway outside of

a business or residence district at any time from one-half (1/2) hour before sunset to

one-half (1/2) hour before sunrise unless that vehicle carries the number and type of

flares, electric lanterns, or other signals which the Department of Vehicle

Regulation shall by regulation require.

(2) Whenever any commercial motor vehicle and its lighting equipment are disabled

during a period when lighted lamps must be illuminated on vehicles and the vehicle

cannot immediately be removed from the main traveled portion of a highway

outside of a business or residence district, the person in charge of the vehicle shall

cause to be placed upon the highway such flares, lanterns, and other signals as the

Department of Vehicle Regulation shall by regulation require, and such flares,

lanterns, or other signals shall be utilized as required by the regulations.
KRS § 14.030 — KY Code / Title III / Chapter 14 / Section 14.030
14.030 Commonwealth seal, custody of -- Seal of Secretary of State
Status: in_force

14.030 Commonwealth seal, custody of -- Seal of Secretary of State.

The Secretary of State shall keep the seal of the Commonwealth, and a seal of office with

the following device: The American eagle, in the center, surrounded by the words

"Commonwealth of Kentucky, Office of the Secretary of State."
KRS § 2.990 — KY Code / Title I / Chapter 2 / Section 2.990
2.990 Penalty
Status: in_force

2.990 Penalty.

Any person violating any of the provisions of KRS 2.060 shall be fined not more than one

hundred dollars ($100) or imprisoned for not more than thirty (30) days, or both.
KRS § 161.042 — KY Code / Title XIII / Chapter 161 / Section 161.042
161.042 Status of student teachers -- Responsibility to administrative staff and supervising teachers -- Professional competency requirement for supervising teachers
Status: in_force

161.042 Status of student teachers -- Responsibility to administrative staff and

supervising teachers -- Professional competency requirement for supervising

teachers.

(1) The Education Professional Standards Board shall provide through administrative

regulation for the utilization of the common schools for the preparation of teacher

education students from the colleges and universities.

(2) Within the provisions established by the Education Professional Standards Board,

local boards of education are authorized to enter into cooperative agreements,

including financial arrangements, with colleges and universities for the purpose of

providing professional laboratory experiences and student teaching experiences for

students preparing for the education profession.

(3) The Education Professional Standards Board shall promulgate administrative

regulations defining the professional requirements and general duties of a

supervising teacher and requirements for a local school district and school to be

used for this purpose.

(4) A student teacher who is jointly assigned under agreement by a teacher education

institution and a local board of education shall have the same legal status and

protection as a certified teacher employed within the school district and shall be

responsible to the administrative staff of the school district and the supervising

teacher to whom he or she is assigned. All student teachers shall be subject to the

state and national criminal records checks required of certified hires under

provisions of KRS 160.380.

(5) Teacher education students, other than student teachers, may be permitted through

cooperative agreements between the local school district and the teacher education

institution, to engage in supplementary instructional activities with pupils under the

direction and supervision of the professional administrative and teaching staff of the

school district. Teacher education students shall not be subject to the criminal

records checks required under KRS 160.380 or 161.148.
KRS § 257.476 — KY Code / Title XXI / Chapter 257 / Section 257.476
257.476 Equine health and welfare fund
Status: in_force

257.476 Equine health and welfare fund.

(1) The equine health and welfare fund is created in the State Treasury as a trust and

agency account to be administered by the council for the purposes provided in this

section.

(2) Notwithstanding KRS 45.229, any moneys accruing to this fund in any fiscal year,

including state appropriations, gifts, grants, federal funds, interest, and any other

funds both public and private, shall not lapse but shall be carried forward to the next

fiscal year.

(3) Any interest earnings of the fund shall become a part of the fund and shall not lapse.

(4) Moneys received in the fund shall be used for carrying out the provisions of KRS

257.472 to 257.476.
KRS § 194A.025 — KY Code / Title XVII / Chapter 194A / Section 194A.025
194A.025 Power and authority of secretary
Status: in_force

194A.025 Power and authority of secretary.

(1) The secretary for health and family services and the secretary's designated

representatives in the discharge of the duties of the secretary may administer oaths

and affirmations, take depositions, certify official acts, and issue subpoenas to

compel the attendance of witnesses and production of books, papers,

correspondence, memoranda, and other records considered necessary and relevant

as evidence at hearings held in connection with the administration of the cabinet.

(2) The secretary may delegate any duties of the office of secretary to employees of the

cabinet as the secretary deems necessary and appropriate, unless otherwise

prohibited by statutes.

(3) The secretary may enter into any contracts and agreements with individuals,

colleges, universities, associations, corporations, municipalities, and other units of

government as may be deemed necessary to carry out the general intent and

purposes of the cabinet.
KRS § 148.740 — KY Code / Title XII / Chapter 148 / Section 148.740
148.740 Trail markers
Status: in_force

148.740 Trail markers.

The department, in consultation with appropriate governmental agencies, and public and

private organizations, shall establish a marker for trails contained in the system. An

additional appropriate symbol characterizing specific trails may be included on the

marker. The markers shall be placed at all access points, together with signs indicating

the modes of locomotion that are prohibited for the trail; provided, that where the trail

constitutes a portion of a national scenic trail, use of the national scenic trail uniform

marker shall be considered sufficient. The route of the trail and the boundaries of the

right-of-way shall be marked with paint or other simple means.
KRS § 311B.190 — KY Code / Title XXVI / Chapter 311B / Section 311B.190
311B.190 Penalties to be determined by board
Status: in_force

311B.190 Penalties to be determined by board.

Any person who fails to comply with any provisions of this chapter, any administrative

regulations promulgated under this chapter, or any valid order of the board shall be fined

a reasonable amount as determined by the board through the promulgation of

administrative regulations. Each day of violation or noncompliance shall constitute a

separate offense.
KRS § 74.030 — KY Code / Title IX / Chapter 74 / Section 74.030
74.030 Legal services -- Payment
Status: in_force

74.030 Legal services -- Payment.

The commission may employ legal counsel whose compensation shall be paid from water

district funds.
KRS § 504.020 — KY Code / Title L / Chapter 504 / Section 504.020
504.020 Mental illness or intellectual disability
Status: in_force

504.020 Mental illness or intellectual disability.

(1) A person is not responsible for criminal conduct if at the time of such conduct, as a

result of mental illness or intellectual disability, he lacks substantial capacity either

to appreciate the criminality of his conduct or to conform his conduct to the

requirements of law.

(2) As used in this chapter, the term "mental illness or intellectual disability" does not

include an abnormality manifested only by repeated criminal or otherwise antisocial

conduct.

(3) A defendant may prove mental illness or intellectual disability, as used in this

section, in exculpation of criminal conduct.
KRS § 403A.103 — KY Code / Title XXXV / Chapter 403A / Section 403A.103
403A.103 Remedies for noncompliance
Status: in_force

403A.103 Remedies for noncompliance.

In addition to other remedies under law of this state other than this chapter, if a court

finds that a party to a proceeding under this chapter has acted in bad faith or intentionally

failed to comply with this chapter or a court order issued under this chapter, the court may

assess reasonable attorney's fees and costs against the party and order other appropriate

relief.