FrankGoortani/open-us-law huggingface dataset:
KRS § 56.784 — KY Code / Title VII / Chapter 56 / Section 56.784
56.784 Guaranteed energy savings performance contracts -- Authority for administrative regulations
Status: in_force

56.784 Guaranteed energy savings performance contracts -- Authority for

administrative regulations.

(1) Each agency responsible for managing state-owned property shall review the utility

usage of the property and shall cooperate with the cabinet to determine which

properties are good candidates for guaranteed energy savings performance contracts.

The responsible agency is encouraged to implement guaranteed energy savings

performance contracts where appropriate.

(2) The cabinet may implement the provisions of KRS 56.770 to 56.784 through the

promulgation of administrative regulations pursuant to KRS Chapter 13A.

(3) The secretary of the cabinet shall promulgate administrative regulations in

accordance with the provisions of KRS Chapter 13A establishing a process for

procurement of energy savings performance contracts, including required contract

language. The following entities shall adhere to these regulations when procuring

services under a guaranteed energy savings performance contract:

(a) Any governing body of a postsecondary institution that manages its capital

construction program under KRS 164A.580; or

(b) Any public corporation as defined by KRS 45.750(2)(c) or as created under

the Kentucky Revised Statutes as a governmental agency and instrumentality

of the Commonwealth that manages its capital construction program.

(4) All state agencies, including those identified in subsection (3) of this section, shall

submit proposed guaranteed energy savings performance contracts to the Office of

Financial Management within the Office of the Controller for review and approval

prior to contract execution.

(5) The secretary shall report all authorized guaranteed energy savings performance

contracts to the Capital Projects and Bond Oversight Committee for its review.
KRS § 407.5309 — KY Code / Title XXXV / Chapter 407 / Section 407.5309
407.5309 Private counsel
Status: in_force

407.5309 Private counsel.

An individual may employ private counsel to represent the individual in proceedings

authorized by KRS 407.5101 to 407.5902.
KRS § 234.272 — KY Code / Title XIX / Chapter 234 / Section 234.272
234.272 Definitions for KRS 234.270 to 234.302
Status: in_force

234.272 Definitions for KRS 234.270 to 234.302.

As used in KRS 234.270 to 234.302, unless the context otherwise requires:

(1) "Commissioner" means the commissioner of the Department of Housing, Buildings

and Construction;

(2) "Council" means the Kentucky Propane Education and Research Council created in

accordance with KRS 234.290;

(3) "Department" means the state Department of Housing, Buildings and Construction;

(4) "Education" means any action to provide information regarding propane, propane

equipment, mechanical and technical practices relating to the use of propane, and

propane uses to consumers and members of the propane industry;

(5) "Industry" means those persons involved in the production, transportation, and sale

of propane and in the manufacture and distribution of propane utilization

equipment;

(6) "Industry trade association" means an organization representing the propane

industry which is exempt from tax, under Section 501(c)(3) or (c)(6) of the Internal

Revenue Code;

(7) "Odorized propane" means propane to which an odorant has been added;

(8) "Person" means any individual, corporation, partnership, association, cooperative,

or other business entity;

(9) "Producer" means the owner of propane at the time it is recovered at a gas

processing plant or refinery, without regard to the state in which actual production

occurs;

(10) "Propane" means a hydrocarbon whose chemical composition is predominately

C3H8, whether recovered from natural gas or crude oil, and includes liquefied

petroleum gases and mixtures thereof;

(11) "Public member" means a member of the council representing significant users of

propane, public safety officials, state regulatory officials, or other groups

knowledgeable about propane;

(12) "Research" means any type of study, investigation, or other activity designed to

advance the image, desirability, usage, marketability, efficiency, or safety of

propane and to further the development of this information;

(13) "Retail marketer" means a person engaged primarily in the sale of odorized propane

to the final user of the product or to retail propane dispensers;

(14) "Retail propane dispenser" means a person who sells odorized propane to the final

user of the product but is not engaged primarily in the business of these sales; and

(15) "Supplier" means a person, other than a producer, who is the owner of propane in

the Commonwealth at the time of odorization or who is the owner of odorized

propane at the time it is imported into the Commonwealth.
KRS § 141.355 — KY Code / Title XI / Chapter 141 / Section 141.355
141.355 Crediting of overpayment and refund of balance -- Withholding in excess of tax imposed by KRS 141.020, when considered overpayment
Status: in_force

141.355 Crediting of overpayment and refund of balance -- Withholding in excess

of tax imposed by KRS 141.020, when considered overpayment.

(1) Where there has been an overpayment of any tax imposed under KRS 141.020,

141.310, or 141.315, the amount of such overpayment shall be credited against any

income tax or installment thereof then due from the taxpayer, and any balance shall

be refunded in the manner provided in KRS 141.235.

(2) Where the amount of the tax withheld at the source under KRS 141.310 or 141.315

exceeds the taxes imposed by KRS 141.020 against which the tax so withheld may

be credited under KRS 141.350, the amount of such excess shall be considered an

overpayment.
KRS § 216B.310 — KY Code / Title XVIII / Chapter 216B / Section 216B.310
216B.310 Listing of boarding homes to be maintained
Status: in_force

216B.310 Listing of boarding homes to be maintained.

The secretary shall maintain a listing of all registered boarding homes which shall be

updated at least quarterly. At the time the list is updated, the cabinet shall submit the list

of registered boarding homes to the local health department and fire department in

counties containing registered boarding homes.
KRS § 29A.170 — KY Code / Title IV / Chapter 29A / Section 29A.170
29A.170 Compensation of jurors
Status: in_force

29A.170 Compensation of jurors.

(1) All jurors in Circuit and District Court shall be paid five dollars ($5) per day for

jury service. In addition thereto, they shall be paid seven dollars and fifty cents

($7.50) per day as reimbursement of expenses incurred, which sum is hereby

determined to be the equivalent of the minimum daily expenses reasonably to be

incurred by such juror.

(2) Persons who appear in court in response to a summons for jury duty and who are

not relieved from jury service shall receive full compensation for each day they are

required to be and are in attendance, even though they are not sworn or accepted for

jury service.
KRS § 2.255 — KY Code / Title I / Chapter 2 / Section 2.255
2.255 "Commonwealth Cleanup" week -- Environmental Education Month
Status: in_force

2.255 "Commonwealth Cleanup" week -- Environmental Education Month.

(1) The fourth week of March each year shall be "Commonwealth Cleanup" week,

culminating with a statewide cleanup day on the Saturday of that week. This week

shall provide an opportunity for Kentucky communities, in partnership with local,

regional, and state entities, to clean and display the natural beauty of the

Commonwealth.

(2) Local governments and private businesses shall be encouraged to participate in

"Commonwealth Cleanup" week through developing, organizing, and implementing

activities that highlight the natural beauty of their communities. They are

encouraged to work in partnership with civic and volunteer organizations as well as

corporate sponsors. Their goal shall be to consider the ways in which Kentucky's

beauty enriches their daily living and underpins their economic vitality. Examples

of "Commonwealth Cleanup" week activities include: encouraging local

communities to offer prizes for those groups who collect the most litter; asking boat

owners to volunteer their services to help remove litter from shorelines not easily

reached by land; and setting up locations for recyclables.

(3) The Kentucky National Guard is encouraged to support this effort by providing

logistical support across the Commonwealth to help clean up the sites too large for

volunteer groups.

(4) The Energy and Environment Cabinet shall promote "Commonwealth Cleanup"

week by continuing to support those agencies and organizations wanting to clean up

the environment. The support shall include providing technical assistance in

assessing and understanding Kentucky's natural resources, coordinating contacts

with other state and federal agencies that can assist with a project as appropriate,

guiding local organizers to possible sources of funding to help implement a project

as appropriate, overseeing a statewide campaign to publicize "Commonwealth

Cleanup" week, and promoting those communities that have outstanding

participation. This includes working in tandem with the Kentucky Department of

Education to sponsor a statewide poster contest for children through the eighth

grade.

(5) The month of March shall be designated as Environmental Education Month.

During this time, state agencies involved in environmental education are

encouraged to work with schools and communities to promote the environment and

its preservation. Schools shall also be encouraged to sponsor cleanup or beautifying

activities on their grounds during this month.

(6) The "Commonwealth Cleanup" week activities shall culminate with the Governor

proclaiming the success of those communities, civic organizations, and corporate

sponsors that excel in cleaning up where they live.
KRS § 311.784 — KY Code / Title XXVI / Chapter 311 / Section 311.784
311.784 Authorized civil action for violation of KRS 311.782
Status: in_force

311.784 Authorized civil action for violation of KRS 311.782.

(1) As used in this section:

(a) "Conduct" means the:

1. Filing of a civil action;

2. Assertion of a claim, defense, or other position in connection with a

civil action;

3. Filing of a pleading, motion, or other document in a civil action,

including but not limited to a motion filed for discovery purposes; or

4. Taking of any other action in connection with a civil action; and

(b) "Frivolous conduct" means the conduct of a party to a civil action or a

party's counsel of record in a civil action that:

1. Obviously serves merely to harass or maliciously injure another

party to the civil action or is for another improper purpose, including

but not limited to causing unnecessary delay or a needless increase

in the cost of litigation;

2. Is not warranted under existing law, cannot be supported by a

good-faith argument for an extension, modification, or reversal of

existing law, or cannot be supported by a good-faith argument for

the establishment of new law;

3. Consists of allegations or other factual contentions that have no

evidentiary support or, if specifically so identified, are not likely to

have evidentiary support after a reasonable opportunity for further

investigation or discovery; or

4. Consists of denials or other factual contentions that are not

warranted by the evidence or, if specifically so identified, are not

reasonably based on a lack of information or belief.

(2) Any woman upon whom an abortion has been performed in violation of KRS

311.782, or the father of the unborn child who was the subject of such an

abortion, may commence a civil action against the person who intentionally

violated KRS 311.782 for actual and punitive damages, court costs, and

reasonable attorney's fees.

(3) If a judgment is rendered in favor of the defendant in a civil action commenced

pursuant to subsection (2) of this section and the court finds that the civil action

constitutes frivolous conduct and that the defendant was adversely affected by

the frivolous conduct, the court shall award reasonable attorney's fees to the

defendant.
KRS § 45A.360 — KY Code / Title VI / Chapter 45A / Section 45A.360
45A.360 Administrative regulations
Status: in_force

45A.360 Administrative regulations.

(1) A local public agency may adopt regulations, not inconsistent with KRS 45A.345 to

45A.460, governing the following:

(a) Conditions and procedures for delegations of purchasing authority;

(b) Prequalification, suspension, debarment, and reinstatement of prospective

bidders;

(c) Modification and termination of contracts;

(d) Conditions and procedures for the purchase of perishables and items for

resale;

(e) Conditions, including emergencies, and procedures under which purchases

may be made by means other than competitive sealed bids;

(f) Rejection of bids, consideration of alternate bids, and waiver of informalities

in offers;

(g) Confidentiality of technical data and trade secrets information submitted by

actual and prospective bidders or offerors;

(h) Partial, progressive, and multiple awards;

(i) Supervision of store rooms and inventories, including determination of

appropriate stock levels and the management, transfer, sale, or other disposal

of government-owned property;

(j) Definitions and classes of contractual services and procedures for acquiring

them;

(k) Procedures for the verification and auditing of local public agency

procurement records;

(l) Annual reports from those vested with purchasing authority as may be deemed

advisable in order to insure that the requirements of this chapter are complied

with; and

(m) Such other regulations as may be deemed advisable to carry out the purposes

of KRS 45A.345 to 45A.460 or otherwise fulfill the local public agency's

procurement responsibilities.

(2) All local public agency ordinances and regulations pertaining to procurement,

whether promulgated under KRS 45A.345 to 45A.460 or otherwise, shall be

maintained by the local public agency and shall be available to the public upon

request at a cost not to exceed the cost of reproduction.

(3) Local school districts may adopt policies, not inconsistent with KRS 45A.345 to

45A.460, governing the conditions and procedures under which purchases of

supplies may be made elsewhere. These policies shall include a provision that

supplies purchased under this section shall meet any applicable contract

specifications and not exceed two thousand five hundred dollars ($2,500).
KRS § 147A.305 — KY Code / Title XII / Chapter 147A / Section 147A.305
147A.305 Purpose of KRS 147A.300 to 147A.330
Status: in_force

147A.305 Purpose of KRS 147A.300 to 147A.330.

The purpose of KRS 147A.300 to 147A.330 is to enhance the quality of life for citizens

of the Commonwealth through increased philanthropic activity by providing capital to

new and existing citizen groups of the Commonwealth organized as community

foundations and working to establish endowment funds that will address community

needs, and also to encourage individuals, businesses, and organizations to give to

community foundations.
KRS § 95.560 — KY Code / Title IX / Chapter 95 / Section 95.560
95.560 Pensions on retirement in cities with pension fund established under KRS 95.520 -- Increase -- Health insurance for retirees
Status: in_force

95.560 Pensions on retirement in cities with pension fund established under KRS

95.520 -- Increase -- Health insurance for retirees.

(1) In cities that have a policemen's and firefighters' pension fund established under

KRS 95.520, any member of the police or fire department having served twenty

(20) years or longer in the police or fire department may petition the board of

trustees for retirement; and if his petition is granted, the board may order paid to

him monthly fifty percent (50%) of his monthly salary at the time of retirement.

(2) In order to adjust retirement benefits to the purchasing power of the dollar, the

board shall if it is actuarially feasible annually order an increase in benefits paid

pursuant to this section and KRS 95.550. The board shall if it is actuarially feasible

order an increase in benefits by an amount equal to the increase in the cost-of-living

increase for a recipient of Social Security, but the annual increase shall not exceed

five percent (5%).

(3) The board may provide a group hospital and medical insurance plan for retirees and

their spouses who have not reached the age to qualify for Federal Medicare, if

providing insurance will not jeopardize the capacity of the board to pay retirement

and survivor benefits. No insurance shall be provided for persons who are entitled

to Medicare benefits or are receiving Medicare benefits.
KRS § 510.100 — KY Code / Title L / Chapter 510 / Section 510.100
510.100 Sodomy in the fourth degree
Status: in_force

510.100 Sodomy in the fourth degree.

(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual

intercourse with another person of the same sex.

(2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall

not be a defense under this section, nor shall lack of consent of the other person be

an element of this offense.

(3) Sodomy in the fourth degree is a Class A misdemeanor.
KRS § 177.079 — KY Code / Title XV / Chapter 177 / Section 177.079
177.079 Commissioner required to apply to Federal Highway Administration for experimental usage of signs
Status: in_force

177.079 Commissioner required to apply to Federal Highway Administration for

experimental usage of signs.

Pursuant to the requirements of the MUTCD Section 1A-6, the commissioner of the

Department of Highways shall apply to the Federal Highway Administration, by no later

than February 1, 1999, for permission to experiment with a new usage of post-interchange

guide signs on all fully controlled access highways in the Commonwealth of Kentucky.
KRS § 176.020 — KY Code / Title XV / Chapter 176 / Section 176.020
176.020 Appointment of state highway engineer -- Divisions within the department
Status: in_force

176.020 Appointment of state highway engineer -- Divisions within the department.

(1) With prior approval of the Governor and the secretary in writing, the commissioner

of highways shall appoint as state highway engineer, a civil engineer who has had at

least six (6) years executive engineering experience in the design, supervision, and

construction of highways. He shall be the technical advisor to the commissioner of

highways, and under the direction of the commissioner, he shall supervise all

construction and maintenance work of the department and perform such other duties

as are assigned to him by the commissioner.

(2) With prior approval of the secretary and pursuant to KRS Chapter 12, the

department shall be divided into such divisions as the commissioner of highways

may deem necessary to perform the duties and functions of the department. Each

division shall perform the duties assigned to it by the commissioner of highways

and shall be headed by a director who shall act under the direction and supervision

of the commissioner of highways.
KRS § 303.122 — KY Code / Title XXV / Chapter 303 / Section 303.122
303.122 Bond of undertaking concern desiring to perform provisions of burial contract
Status: in_force

303.122 Bond of undertaking concern desiring to perform provisions of burial

contract.

(1) Any person, firm, corporation, partnership or undertaking concern, duly and

regularly licensed to engage in the undertaking business in the Commonwealth of

Kentucky who may desire to perform the provisions of any agreement, policy,

contract, bond, assurance or guarantee issued by any burial association or

association of a similar nature authorized to do business in the Commonwealth of

Kentucky shall file with the commissioner of the Department of Insurance of the

Commonwealth of Kentucky a bond in an amount that is reasonable to be fixed by

the commissioner of insurance of the Commonwealth of Kentucky, which bond

shall be conditioned upon the faithful performance of the agreement, policy,

contract, bond, assurance or guarantee issued by any burial association or

association of a similar nature authorized to do business in the Commonwealth of

Kentucky to its members as approved by the commissioner of insurance of the

Commonwealth of Kentucky.

(2) The commissioner of insurance shall adopt appropriate forms for the filing of the

bond provided for herein and shall, upon request, furnish said forms to any person,

firm, corporation, partnership or undertaking concern, duly and regularly licensed to

engage in the undertaking business in the Commonwealth of Kentucky, who may

desire to qualify under the terms of this section.
KRS § 391.230 — KY Code / Title XXXIV / Chapter 391 / Section 391.230
391.230 Perfection of title of personal representative, heir, or devisee
Status: in_force

391.230 Perfection of title of personal representative, heir, or devisee.

If the title to any property to which KRS 391.210 to 391.260 applies is held by the

surviving spouse at the time of the decedent's death, the personal representative or an heir

or devisee of the decedent may institute an action to perfect title to the property. The

personal representative has no fiduciary duty to discover or attempt to discover whether

any property held by the surviving spouse is property to which KRS 391.210 to 391.260

applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
KRS § 457.160 — KY Code / Title XLII / Chapter 457 / Section 457.160
457.160 Judicial relief
Status: in_force

457.160 Judicial relief.

(1) The following persons may petition a District Court to construe a power of attorney

or review the agent's conduct, and grant appropriate relief:

(a) The principal or the agent;

(b) A guardian, conservator, or other fiduciary acting for the principal;

(c) A person authorized to make health-care decisions for the principal;

(d) The principal's spouse, parent, or descendant;

(e) An individual who would qualify as a presumptive heir of the principal;

(f) A person named as a beneficiary to receive any property, benefit, or

contractual right on the principal's death or as a beneficiary of a trust created

by or for the principal that has a financial interest in the principal's estate;

(g) A governmental agency having regulatory authority to protect the welfare of

the principal;

(h) The principal's caregiver or another person that demonstrates sufficient

interest in the principal's welfare; and

(i) A person asked to accept the power of attorney.

(2) Upon motion by the principal, the court shall dismiss a petition filed under this

section, unless the court finds that the principal lacks capacity to revoke the agent's

authority or the power of attorney.
KRS § 403.210 — KY Code / Title XXXV / Chapter 403 / Section 403.210
403.210 Recognition of "Family Support Act of 1988" mandate
Status: in_force

403.210 Recognition of "Family Support Act of 1988" mandate.

The General Assembly recognizes that under the federal "Family Support Act of 1988,"

P.L. 100-485, the Commonwealth of Kentucky is required to implement child support

guidelines.