FrankGoortani/open-us-law huggingface dataset:
KRS § 36.085 — KY Code / Title V / Chapter 36 / Section 36.085
36.085 Legislative intent
Status: in_force

36.085 Legislative intent.

(1) It is the intent of the General Assembly to provide a local installation management

fund at Department of Military Affairs facilities. The local installation management

fund shall be receipts from the use of Department of Military Affairs facilities by

military and nonmilitary individuals and organizations.

(2) The General Assembly further recognizes that some Department of Military Affairs

facilities are not staffed by state employees, but are staffed by members of the

Kentucky National Guard, who are on the federal payroll. It is the intent of the

General Assembly to authorize the adjutant general of Kentucky to appoint a

member of the Kentucky National Guard as custodian of each of the various local

installation management funds when an authorized state employee is not stationed

at that location.
KRS § 381.9193 — KY Code / Title XXXII / Chapter 381 / Section 381.9193
381.9193 Lien for assessments
Status: in_force

381.9193 Lien for assessments.

(1) The association shall have a lien on a unit for any assessment levied against that

unit or fines imposed against its unit owner from the time the assessment or fine

becomes due and, if the assessment is payable in installments, the lien shall be for

the full amount of the assessment at the time the first installment becomes due. The

association's lien may be foreclosed in like manner as a mortgage on real estate.

Unless the declaration otherwise provides, fees, charges, late charges, reasonable

collection costs, attorney fees, fines, and interest charged pursuant to KRS

381.9167(1)(j) to (l), shall be secured by the lien and enforceable as assessments

under this section.

(2) A lien under this section shall take priority over all other liens and encumbrances on

a unit, except:

(a) Liens and encumbrances recorded before the recordation of the declaration;

(b) A mortgage on the unit recorded before the date on which the assessment

sought to be enforced became delinquent; and

(c) Liens for real estate taxes and other governmental assessments or charges

against the unit.

(3) Unless the declaration otherwise provides, if two (2) or more associations have liens

for assessments created at any time on the same real estate, those liens shall have

equal priority.

(4) Recording of the declaration constitutes record notice and perfection of the lien. No

further recordation of any claim of lien for assessment under this section shall be

required.

(5) A lien for unpaid assessments shall be extinguished unless proceedings to enforce

the lien are instituted within five (5) years after the full amount of the assessments

becomes due.

(6) Nothing in this section shall be construed to prohibit actions or suits to recover

sums for which subsection (1) of this section creates a lien or to prohibit an

association from taking a deed in lieu of foreclosure.

(7) A judgment or decree in any action brought under this section shall include costs

and reasonable attorney's fees for the prevailing party.

(8) The association shall, upon written request, provide a unit owner a recordable

statement setting forth the amount of unpaid assessments against his or her unit.

The statement shall be delivered within ten (10) business days after receipt of the

request and shall be binding on the association, the executive board, and every unit

owner.
KRS § 367.46977 — KY Code / Title XXIX / Chapter 367 / Section 367.46977
367.46977 Disclosure requirements for sale presentations
Status: in_force

367.46977 Disclosure requirements for sale presentations.

(1) If the merchant or telemarketer represents or implies that the consumer will receive

a prize, award, or similar item of value from a number of such prizes or awards, all

sales presentations shall include the actual number of individuals who have received

the item having the greatest value, a description of the item, the market value of the

item, the number of prizes to be awarded, the conditions to receive the item, the

odds of winning, the statement that no purchase is necessary to win the prize or to

participate in the promotion, and the actual number of individuals who have

received the item with the least value within the preceding twelve (12) months or

since the merchant or telemarketer has been in business if less than twelve (12)

months.

(2) If the merchant or telemarketer is offering real estate, an investment, business, or

employment opportunity, the sales presentation shall include the following:

(a) The number of consumers or investors who have participated to date;

(b) The actual experience of the consumers or investors as measured by the

standards used in the sales presentations; and

(c) The price of the real estate or investment;

(d) The location of the real estate or investment;

(e) Regarding an investment or business opportunity, the reasonable likelihood of

success and a notice of the risk; and

(f) If the opportunity is so recent that no actual performance experience exists,

that fact shall be disclosed in all sales presentations, and no other

representation of performance shall be made in sales presentations.

(3) If the sales presentation includes representations of prices below those usually

charged for items, the sales presentation shall include the name of the manufacturer,

importer, or supplier of such items and the locations within the merchant's or

telemarketer's calling state or this state at which the items are offered at usual

prices. If the item has never been sold in the merchant's or telemarketer's calling

state or this state no representation of usual selling price shall be made.

(4) If presenting information on merchandise or service, the total cost of the goods or

services that are the subject of the call shall be given.

(5) If any restrictions, limitations, or conditions for the purchase or investment exist,

these shall be disclosed during the telephone sales presentation.

(6) Terms for refunds, cancellation, exchange, or repurchase of the subject of the sales

presentation shall be disclosed during the telephone sales presentation.
KRS § 40.460 — KY Code / Title V / Chapter 40 / Section 40.460
40.460 Applications for bonus
Status: in_force

40.460 Applications for bonus.

(1) All applications for the bonus shall be submitted to the adjutant general,

Commonwealth of Kentucky, in writing, upon forms made available for that

purpose, and shall be accompanied by the documentary evidence prescribed by

appropriate administrative regulations. Every application shall be certified under the

penalties of perjury, and shall contain representations of the claimant or, if he shall

have been adjudged incompetent, or be an infant, of his committee or guardian, that:

(a) The facts therein stated are true to the best of his knowledge and belief;

(b) All documents submitted in support of the application are believed by the

claimant to be genuine originals or copies, as the case may be, and that the

claimant has no knowledge that the document has been superseded or

cancelled;

(c) The claimant has not received from another state a bonus or compensation of

a like nature as provided by KRS 40.410 to 40.560;

(d) The claimant has not received the Kentucky veterans' bonus provided under

KRS 40.005 to 40.230 and 40.990;

(e) The claimant has neither paid nor agreed to pay, directly or indirectly, any

compensation for assistance received in preparing and tendering the

application; and

(f) The claimant has knowledge of the fine and forfeiture provisions of KRS

40.410 to 40.560;

(2) The application form shall contain provision for, and each claimant shall elect, one

(1) of the following choices:

(a) The claimant is eligible for and desires to receive a bonus payment; or

(b) The claimant is eligible for a bonus payment but requests that his payment be

deposited into a veterans' program trust fund, which is hereby established, the

proceeds and interest therefrom to be used for veterans' programs.
KRS § 386.040 — KY Code / Title XXXIII / Chapter 386 / Section 386.040
386.040 Securities of certain federal agencies authorized as collateral
Status: in_force

386.040 Securities of certain federal agencies authorized as collateral.

Notes or bonds secured by mortgage or trust deed insured and debentures issued by the

Federal Housing Administrator, debentures issued by national mortgage associations, and

any electric revenue bonds or other obligations issued by the Tennessee Valley Authority,

are eligible securities for the purpose, wherever the statutes of this state require, of:

(1) Collateral as security for the deposit of public or other funds;

(2) Deposits to be made with any public official or department;

(3) Investment of capital or surplus; or

(4) A reserve or other fund to be maintained consisting of designated securities.
KRS § 180.220 — KY Code / Title XV / Chapter 180 / Section 180.220
180.220 Trustee to be appointed -- Trust indenture
Status: in_force

180.220 Trustee to be appointed -- Trust indenture.

(1) Each issue of the bonds shall be further secured by a trust indenture made between

the department and a trustee.

(2) The trustee shall be a trust company or bank having the powers of a trust company,

having its principal office in Kentucky, and at the time it begins to function as

trustee, it shall have a combined capital and surplus of at least one million dollars

($1,000,000). The trustee shall be satisfactory to the original purchasers of the

bonds.

(3) The trust indenture may contain those provisions customarily found in trust

agreements securing the bonds and debentures of corporations, and shall set forth

the duties and covenants of the department in respect to bridges to be constructed or

purchased and the conservation and application of funds and the insurance of

money on hand or on deposit and the rights and remedies of the trustee and the

holders of the bonds, restricting in reasonable manner the individual right of action

of bondholders in favor of action in their behalf by the trustee and purchasers.
KRS § 71.010 — KY Code / Title IX / Chapter 71 / Section 71.010
71.010 Bond and oath of jailer -- Minimum -- Record
Status: in_force

71.010 Bond and oath of jailer -- Minimum -- Record.

The jailer shall take the oath prescribed by the Constitution and execute bond to the

Commonwealth in the minimum amount of ten thousand dollars ($10,000), with sureties

approved by the fiscal court, which shall record the approval in its minutes and shall file

the bond with the county clerk. No coroner, sheriff, sheriff's deputy, county

judge/executive or Circuit Judge, county or circuit clerk, or attorney shall be surety for

the jailer on his official bond.
KRS § 96.5405 — KY Code / Title IX / Chapter 96 / Section 96.5405
96.5405 Sale, lease, or transfer of utility system in emergency by city with population of less than 1,000 -- Procedure
Status: in_force

96.5405 Sale, lease, or transfer of utility system in emergency by city with

population of less than 1,000 -- Procedure.

(1) A city with a population of less than one thousand (1,000) based upon the most

recent federal decennial census may, in an emergency situation, sell, lease, or

otherwise transfer a utility system which it owns after obtaining the approval of

two-thirds (2/3) of the utility's customers by petition, as specified in this section,

without holding an election under KRS 96.540.

(2) The city legislative body shall enact an ordinance pursuant to 83A.060 which shall

describe the terms of the proposed sale, lease, or other transfer of the city-owned

utility system, declare an emergency, and set out the reasons why the proposed

transaction is deemed to be an emergency. The ordinance also shall set a deadline

for obtaining the necessary signatures, and specify who will certify the petition.

(3) At least two (2) public hearings shall be held to inform the public of the proposed

sale, lease, or other transfer of the utility system, and to obtain public comment on

the proposal. The hearings shall be publicized at a minimum, in accordance with

KRS 424.130(1)(d).

(4) The petition may consist of several separate units, and shall include a full address

and the date with each signature. Unless the ordinance provides otherwise, only a

person named on an account shall be a valid signer of the petition. The utility shall

make available a list of the names and addresses of all current customers.
KRS § 76.200 — KY Code / Title IX / Chapter 76 / Section 76.200
76.200 Federal or state aid
Status: in_force

76.200 Federal or state aid.

The district is authorized to enter into negotiations with the federal government and the

Commonwealth of Kentucky, or either of them, or the agencies of both or either, and

apply and obtain from them or either or both of them, any and all grants-in-aid that may

be available.
KRS § 49.030 — KY Code / Title VI / Chapter 49 / Section 49.030
49.030 KRS 49.040 to 49.180 applicable to power and authority outlined in KRS 49.020(5)
Status: in_force

49.030 KRS 49.040 to 49.180 applicable to power and authority outlined in KRS

49.020(5).

KRS 49.040 to 49.180 shall apply to the power and authority of the Board of Claims

outlined in KRS 49.020(5).
KRS § 95A.245 — KY Code / Title IX / Chapter 95A / Section 95A.245
95A.245 Certification of program cost projections to Finance and Administration Cabinet
Status: in_force

95A.245 Certification of program cost projections to Finance and Administration

Cabinet.

Upon receipt of the written request by the Finance and Administration Cabinet for cost

projections of the professional firefighters foundation program fund as prescribed in KRS

42.190, the administrator of the fund shall certify, within twenty-one (21) calendar days,

in writing said projections to the Finance and Administration Cabinet.
KRS § 610.290 — KY Code / Title LI / Chapter 610 / Section 610.290
610.290 Rights of juvenile
Status: in_force

610.290 Rights of juvenile.

(1) Unless a hearing is held within the time frame established by KRS 610.265, and the

necessity for detention properly established, the child shall be released to the

custody of his parents, person exercising custodial control or supervision or other

responsible adult pending further disposition of the case.

(2) The child shall have a right to counsel at his detention hearing determining his right

to freedom pending the disposition of his case, and his parents, person exercising

custodial control or supervision or other responsible adult shall have a right to

attend the hearing if such attendance will not unnecessarily delay the hearing. Any

person aggrieved by a proceeding under this subsection may proceed by habeas

corpus to the Circuit Court.

(3) Whether the child is released before or after a hearing, or is detained as a result of

such hearing, the child and his parents, person exercising custodial control or

supervision or other responsible adult shall be given written notice of the time and

place of the adjudicatory hearing concerning the child and an account of the specific

charges against the child, including the specific statute alleged to have been

violated. Such notice shall be given at least seventy-two (72) hours prior to the

initial hearing on the case.
KRS § 216.317 — KY Code / Title XVIII / Chapter 216 / Section 216.317
216.317 Creation of hospital district -- Tax levy and collection
Status: in_force

216.317 Creation of hospital district -- Tax levy and collection.

(1) A hospital district may be created in accordance with the procedures of KRS 65.182

and 216.320.

(2) Upon the creation of a hospital district, as provided in KRS 65.182 and 216.320, the

district shall constitute and be a taxing district within the meaning of Section 157 of

the Constitution of Kentucky and the county shall be a participating county in the

district. In no event shall the special ad valorem tax imposed for the maintenance

and operation of the district exceed ten cents ($0.10) on each one hundred dollars

($100) of the assessed valuation of all property in the county. A hospital taxing

district may be created with an ad valorem tax rate levy of zero cents ($0.00) on the

assessed valuation of the property in the district.

(3) All special ad valorem taxes authorized by KRS 216.310 to 216.360 shall be

collected in the same manner as are other county ad valorem taxes in each county

affected and shall be turned over to the board as the governing body of the district.

The special ad valorem tax shall be in addition to all other ad valorem taxes.
KRS § 95A.090 — KY Code / Title IX / Chapter 95A / Section 95A.090
95A.090 Acceptance of military training and service toward certification as firefighter -- Administrative regulations
Status: in_force

95A.090 Acceptance of military training and service toward certification as

firefighter -- Administrative regulations.

(1) The commission shall develop a policy for reviewing and accepting the training and

service of any member of the United States military who served as a firefighter

towards certification as a firefighter in the Commonwealth of Kentucky.

(2) The commission shall promulgate administrative regulations in accordance with

KRS Chapter 13A as necessary to implement the provisions of this section.
KRS § 268.630 — KY Code / Title XXII / Chapter 268 / Section 268.630
268.630 Improvements of other authorities not affected -- Joint use -- Appropriations by county or city to aid district
Status: in_force

268.630 Improvements of other authorities not affected -- Joint use --

Appropriations by county or city to aid district.

(1) Nothing in this chapter shall be construed to deprive the fiscal court or other

governing authority of any county or city of its jurisdiction and control over any

levee or drain established or constructed under its authority. However, any such

improvement may be used as an outlet for any drain established under this chapter,

and the governing authority of the county or city may, in its discretion, delegate to

the board jurisdiction and control or a joint use and control over the improvement

upon any conditions agreed upon between them. This agreement shall be written,

approved by the parties to it, and recorded upon the minutes of the proceedings of

both bodies.

(2) The fiscal court or other governing authority of the county or city may, when in its

judgment the public interests and welfare justify it, make appropriations to aid any

district in constructing or maintaining any improvement provided for in this chapter

or under the control of the board.
KRS § 403.868 — KY Code / Title XXXV / Chapter 403 / Section 403.868
403.868 Appeals
Status: in_force

403.868 Appeals.

A party may move for an expedited appeal from a final order in a proceeding under

Article 3. Unless the court enters a temporary emergency order under KRS 403.828, the

enforcing court shall not stay an order enforcing a child custody determination pending

appeal.
KRS § 341.067 — KY Code / Title XXVII / Chapter 341 / Section 341.067
341.067 Hospitals and institutions of higher education
Status: in_force

341.067 Hospitals and institutions of higher education.

As used in this chapter, unless the context clearly requires otherwise:

(1) "Hospital" means an institution which has been licensed, certified, or approved by

the secretary for health and family services as a hospital;

(2) "Institution of higher education" means an educational institution which:

(a) Admits as regular students only individuals having a certificate of graduation

from a high school, or the recognized equivalent of such a certificate;

(b) Is legally authorized in this state to provide a program of education beyond

high school;

(c) Provides an educational program for which it awards a bachelor's or higher

degree, or provides a program which is acceptable for full credit toward such a

degree, a program of postgraduate or postdoctoral studies, or a program of

training to prepare students for gainful employment in a recognized

occupation; and

(d) Is a public or other nonprofit institution;

(3) Notwithstanding any of the foregoing provisions of this section, all recognized

colleges and universities in this state are institutions of higher education for

purposes of this chapter; and

(4) (a) "Educational institution," including an institution of higher education as

defined in subsection (2) of this section, means:

1. A school in which participants, trainees, or students are offered an

organized course of study or training designed to transfer to them

knowledge, skills, information, doctrines, attitudes or abilities from, by,

or under the guidance of an instructor or teacher;

2. It is approved, licensed, or issued a permit to operate as a school by the

State Department of Education or other government agency that is

authorized within the state to approve, license, or issue a permit for the

operation of a school; and

3. The courses of study or training which it offers may be academic,

technical, trade, or preparation for gainful employment in a recognized

occupation.

(b) In any particular case, the question of whether or not an institution is an

educational institution within the meaning of the criteria described above will

depend on what that particular institution actually does.
KRS § 205.5365 — KY Code / Title XVII / Chapter 205 / Section 205.5365
205.5365 Prohibition on expenditure of Medicaid funds for cross-sex hormones for treatment of gender dysphoria or gender reassignment surgery
Status: in_force

205.5365 Prohibition on expenditure of Medicaid funds for cross-sex hormones for

treatment of gender dysphoria or gender reassignment surgery.

Notwithstanding any provision of law to the contrary and unless required under federal

law, the Department for Medicaid Services and any managed care organization with

whom the department contracts for the delivery of Medicaid services are hereby

prohibited from expending any Medicaid funds on any of the following:

(1) Cross-sex hormones when prescribed or administered primarily or solely for the

treatment of gender dysphoria; and

(2) Gender reassignment surgery to alter or remove physical or anatomical

characteristics or features that are typical for and characteristic of a person's

biological sex.
KRS § 314.416 — KY Code / Title XXVI / Chapter 314 / Section 314.416
314.416 Severability of invalid provisions or applications
Status: in_force

314.416 Severability of invalid provisions or applications.

If any provision of KRS 314.400 to 314.414 or the application thereof to any person or

circumstance is held invalid, the invalidity shall not affect other provisions or

applications of KRS 314.400 to 314.414 that can be given effect without the invalid

provision or application, and to this end the provisions of KRS 314.400 to 314.414 are

severable.