FrankGoortani/open-us-law huggingface dataset:
KRS § 211.185 — KY Code / Title XVIII / Chapter 211 / Section 211.185
211.185 Definitions for KRS 211.185 to 211.187
Status: in_force

211.185 Definitions for KRS 211.185 to 211.187.

As used in KRS 211.185 to 211.187:

(1) "Agency" means a local health department established in any county in the

Commonwealth pursuant to KRS Chapter 212, including a health department in a

county containing a city of the first class, a health department in a county with a

consolidated local government, an urban-county health department, an independent

district health department, or a district health department;

(2) "Cabinet" means the Cabinet for Health and Family Services;

(3) "Commissioner" means the commissioner of the Department for Public Health

within the Cabinet for Health and Family Services;

(4) "Core public health programs" means all foundational public health programs as

defined in this section and services that may include but are not limited to the

Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

provided by the federal Food and Nutrition Service, the Health Access Nurturing

Development Services (HANDS) program established in KRS 211.690, and

substance use disorder harm reduction services;

(5) "Department" means the Department for Public Health within the Cabinet for

Health and Family Services;

(6) "Foundational public health programs" means those services required by the

Kentucky Revised Statutes, including but not limited to activities and service

programs that prevent and mitigate disease, protect people from injury, promote

healthy lifestyles across all environments, promote population health services,

enforce Kentucky administrative regulations, ensure emergency preparedness and

response, monitor and mitigate communicable disease, and provide the

administrative and organizational infrastructure to deliver services;

(7) "Foundational public health service provider" means an individual who is employed

by an agency that provides a foundational public health program service;

(8) "Harm reduction services" means a comprehensive set of public health strategies

intended to reduce the negative impact of substance use disorders;

(9) "Local public health priorities" means services not included in core public health

programs as defined in this section that are identified through a needs assessment as

priorities of an agency through a process established in administrative regulations;

and

(10) "Population health services" means the development and support of policies and

practices to address, change, and improve health outcomes through community

education and partnership development.
KRS § 18A.228 — KY Code / Title III / Chapter 18A / Section 18A.228
18A.228 "State employee" defined
Status: in_force

18A.228 "State employee" defined.

For purposes of KRS 18A.228 to 18A.2286, the term "state employee" shall mean a

person, including an elected public official, who is regularly employed by any

department, board, agency, or branch of state, municipal, urban-county, charter county, or

county government, and who is a contributing member of any of the retirement systems

administered by the state and including any federally-funded time-limited employee. It

shall also include a person who must fulfill the requirements established by the State

Board of Education for eligibility and a person who is a present or future recipient of a

retirement allowance from any of the Kentucky Retirement Systems who either satisfies

the requirements of KRS 61.559 or who is board-authorized under KRS 61.702(1),

including a beneficiary of a retired employee as defined in KRS 61.542 who is receiving a

retirement allowance from any of the Kentucky Retirement Systems and shall include a

member of the Legislators' Retirement Plan as provided in KRS 18A.2287.
KRS § 275.135 — KY Code / Title XXIII / Chapter 275 / Section 275.135
275.135 Members or managers as agents
Status: in_force

275.135 Members or managers as agents.

(1) Except as provided in subsection (2) of this section, every member shall be an agent

of the limited liability company for the purpose of its business or affairs, and the act

of any member, including but not limited to the execution in the name of the limited

liability company of any instrument, for apparently carrying on in the usual way the

business or affairs of the limited liability company of which he is a member, shall

bind the limited liability company, unless the member so acting has, in fact, no

authority to act for the limited liability company in the particular matter, and the

person with whom the member is dealing has knowledge or has received

notification of the fact that the member has no such authority.

(2) If the articles of organization provide that management of the limited liability

company is vested in a manager or managers:

(a) No member, solely by reason of being a member, shall be an agent of the

limited liability company; and

(b) Every manager shall be an agent of the limited liability company for the

purpose of its business or affairs, and the act of any manager, including, but

not limited to, the execution in the name of the limited liability company of

any instrument, for apparently carrying on in the usual way the business or

affairs of the limited liability company of which he is the manager shall bind

the limited liability company, unless the manager so acting has, in fact, no

authority to act for the limited liability company in the particular matter, and

the person with whom the manager is dealing has knowledge or has received

notification of the fact that the manager has no such authority.

(3) An act of a manager or a member which is apparently not for the carrying on in the

usual way of the business or affairs of the limited liability company shall not bind

the limited liability company unless, at the time of the transaction or at any other

time, the act is authorized in accordance with the operating agreement.

(4) An act of a manager or member in contravention of a restriction on authority shall

not bind the limited liability company to persons having knowledge of the

restriction.
KRS § 96.534 — KY Code / Title IX / Chapter 96 / Section 96.534
96.534 Rate increase for municipally owned electric utilities -- Rates to be uniform
Status: in_force

96.534 Rate increase for municipally owned electric utilities -- Rates to be uniform.

(1) The rates charged for services by municipally owned electric utilities shall not be

increased except after a public hearing following reasonable notice thereof.

(2) The rates charged for services and the standards of services maintained by

municipally owned electric utilities shall be the same for customers inside and

outside the corporate limits.
KRS § 211.901 — KY Code / Title XVIII / Chapter 211 / Section 211.901
211.901 Statewide program for prevention, screening, diagnosis, and treatment of lead poisoning -- Duties of secretary -- Authorization of local regulations and programs
Status: in_force

211.901 Statewide program for prevention, screening, diagnosis, and treatment of

lead poisoning -- Duties of secretary -- Authorization of local regulations and

programs.

(1) The secretary shall establish a statewide program for the prevention, screening,

diagnosis, and treatment of lead poisoning, including identification of the sources of

such poisoning through such research, educational, epidemiological, and clinical

activities as may be necessary.

(2) The secretary shall also initiate activities which:

(a) Will either provide for or support the monitoring of all medical laboratories,

private and public hospitals which perform lead determination tests on human

blood or other tissues, so as to insure the accuracy of such tests;

(b) Will develop or encourage the development of appropriate programs and

studies to identify sources of lead intoxication and assist other entities in the

identification of lead in children's blood and the sources of that intoxication;

and

(c) Will provide for or support the development of outreach programs to identify,

screen, and diagnose for elevated lead blood levels, at-risk persons not

otherwise utilizing existing screening and diagnostic programs.

(3) The secretary may contract with any agencies, individuals, or groups for the

provision of services necessary to administer KRS 211.900 to 211.905 and KRS

211.994.

(4) The secretary may provide financial and technical assistance and consultation to

local, county, or district governmental or private agencies for the promotion,

establishment and maintenance of lead poisoning prevention, screening, diagnostic,

and treatment programs.

(5) The secretary shall have the power to adopt, amend, or rescind such rules and

regulations as deemed necessary or suitable for the proper administration of KRS

211.900 to 211.905 and KRS 211.994. The regulation shall include, but not be

limited to, those which govern permissible limits of lead-based hazards in and about

dwellings and dwelling units.

(6) Local boards of health may, by the adoption of local regulations, establish programs

for the prevention, screening, diagnosis, and treatment of lead poisoning; provided

that such regulations are the same as the provisions of KRS 211.900 to 211.905 and

KRS 211.994 and the regulations promulgated by the secretary pursuant to

subsection (5) of this section.
KRS § 407.5311 — KY Code / Title XXXV / Chapter 407 / Section 407.5311
407.5311 Pleadings and accompanying documents
Status: in_force

407.5311 Pleadings and accompanying documents.

(1) In a proceeding under KRS 407.5101 to 407.5902, a petitioner seeking to establish a

support order, to determine parentage of a child, or to register and modify a support

order of a tribunal of another state or a foreign country shall file a petition. Unless

otherwise ordered under KRS 407.5312, the petition or accompanying documents

shall provide, so far as known, the name, residential address, and Social Security

numbers of the obligor and the obligee or the parent and alleged parent, and the

name, sex, residential address, Social Security number, and date of birth of each

child for whose benefit support is sought or whose parentage is to be determined,

with the obligor's, obligee's, parent's, alleged parent's, and children's personal

identifiers provided in accordance with KRS 403.135. Unless filed at the time of

registration, the petition shall be accompanied by a copy of any support order

known to have been issued by another tribunal. The petition may include any other

information that may assist in locating or identifying the respondent.

(2) The petition shall specify the relief sought. The petition and accompanying

documents shall conform substantially with the requirements imposed by the forms

mandated by federal law for use in cases filed by a support enforcement agency.
KRS § 22A.020 — KY Code / Title IV / Chapter 22A / Section 22A.020
22A.020 Jurisdiction -- Appeal procedures
Status: in_force

22A.020 Jurisdiction -- Appeal procedures.

(1) Except as provided in Section 110 of the Constitution, an appeal may be taken as a

matter of right to the Court of Appeals from any conviction, final judgment, order,

or decree in any case in Circuit Court, including a family court division of Circuit

Court, unless such conviction, final judgment, order, or decree was rendered on an

appeal from a court inferior to Circuit Court.

(2) The Court of Appeals has jurisdiction to review interlocutory orders of the Circuit

Court in civil cases, but only as authorized by rules promulgated by the Supreme

Court.

(3) Notwithstanding any other provision in this section, there shall be no review by

appeal or by writ of certiorari from that portion of a final judgment, order or decree

of a Circuit Court dissolving a marriage.

(4) An appeal may be taken to the Court of Appeals by the state in criminal cases from

an adverse decision or ruling of the Circuit Court, but only under the following

conditions:

(a) Such appeal shall not suspend the proceedings in the case.

(b) Such appeal shall be taken in the manner provided by the Rules of Criminal

Procedure and the Rules of the Supreme Court, except that the record on

appeal shall be transmitted by the clerk of the Circuit Court to the Attorney

General; and if the Attorney General is satisfied that review by the Court of

Appeals is important to the correct and uniform administration of the law, he

may deliver the record to the clerk of the Court of Appeals within the time

prescribed by the above-mentioned rules.

(c) When an appeal is taken pursuant to this subsection, the Court of Appeals, if

the record so warrants, may reverse the decision of the Circuit Court and order

a new trial in any case in which a new trial would not constitute double

jeopardy or otherwise violate any constitutional rights of the defendant.

(5) Any party aggrieved by the judgment of the Circuit Court in a case appealed from a

court inferior thereto may petition the Court of Appeals for a writ of certiorari.
KRS § 395.455 — KY Code / Title XXXIV / Chapter 395 / Section 395.455
395.455 Transfer of assets without administration
Status: in_force

395.455 Transfer of assets without administration.

(1) Where the exemption of the surviving spouse alone, or together with preferred

claims paid by a widow or by the widower where the wife's estate is legally liable

for payment, equals or exceeds the amount of probatable assets, the court may order

that administration of the estate be dispensed with and such assets be transferred to

the surviving spouse or to a person designated by such surviving spouse to receive

all or part of such assets. The court may so order in both testate and intestate estates

and without requiring the renunciation of a will or the giving of bond.

(2) If the court is satisfied that no probatable estate will pass through the hands of the

personal representative, it may order that no letters of administration be issued and

in the case of a testate estate that the will be probated only.

(3) Where a surviving spouse has waived his or her right to the exemption accorded by

law in favor of a person who has paid preferred claims in an amount equalling or

exceeding the amount of probatable assets or who is legally entitled to such

payment, or where there is no surviving spouse and such person has made such

payment or is legally entitled thereto, the court may order that the administration of

the estate be dispensed with and such assets transferred to such person. The court

may so order without requiring the giving of bond.

(4) For purpose of this section, the exemption of the surviving spouse is such

exemption as has been created by KRS 391.030 and preferred claims are those

listed in KRS 396.095 and in the order thereof.
KRS § 205.5639 — KY Code / Title XVII / Chapter 205 / Section 205.5639
205.5639 Effect of board recommendations -- Written exceptions -- Final decision -- Appeal
Status: in_force

205.5639 Effect of board recommendations -- Written exceptions -- Final decision -

- Appeal.

(1) Any recommendation by the board is advisory to the commissioner.

(2) Any interested party may request an opportunity to make a presentation or argument

to the board on any item under consideration by the board. The Cabinet for Health

and Family Services shall, by administrative regulation promulgated in accordance

with KRS Chapter 13A, establish requirements for presentations before the board.

(3) Any interested party who is aggrieved by a recommendation of the board to the

commissioner or his designee may submit written exceptions consisting of only new

information that was not available to be presented at the time of the board's

consideration of the matter. These written exceptions shall be submitted within ten

(10) days of the recommendation. After the time for filing exceptions has expired,

the commissioner or the commissioner's designee shall consider all exceptions filed

in a timely manner prior to acting upon the recommendation of the board. If the

deadline for filing written exceptions falls on a Saturday, Sunday, or a state holiday,

the exceptions may be filed the following day.

(4) In making a final decision on any recommendation of the board, the commissioner

may seek additional and clarifying information from any source. Any additional

information submitted to the commissioner shall be made a part of the

administrative record supporting the final decision.

(5) An appeal from a decision of the commissioner may be made in accordance with

KRS Chapter 13B by a manufacturer of the product. Unless held in abeyance or

otherwise addressed by the hearing officer, the decision of the commissioner stands

until final disposition of the issue.
KRS § 336.133 — KY Code / Title XXVII / Chapter 336 / Section 336.133
336.133 Public employer prohibited from assisting labor organization or person with collection of dues or charges, political activities, or personal information
Status: in_force

336.133 Public employer prohibited from assisting labor organization or person

with collection of dues or charges, political activities, or personal information.

A public employer shall not assist, directly or indirectly, any labor organization, person,

or other legal entity with the collection of dues, fees, assessments, or other charges, or

political activities or personal information related to those activities.
KRS § 281.795 — KY Code / Title XXIV / Chapter 281 / Section 281.795
281.795 Venue
Status: in_force

281.795 Venue.

The Franklin Circuit Court shall hold concurrent venue with the courts of this

Commonwealth of all civil and injunctive actions instituted by the department for the

enforcement of this chapter and the orders, rules and regulations of the department

thereunder.
KRS § 195.107 — KY Code / Title XVII / Chapter 195 / Section 195.107
195.107 Conflict of interest by members of private industry councils -- Effect of violation
Status: in_force

195.107 Conflict of interest by members of private industry councils -- Effect of

violation.

(1) No member of any private industry council, established under the Job Training

Partnership Act of 1982 (96 Stat. 1322), shall cast a vote on the provision of

services by that member (or any organization which that member directly

represents) or vote on any matter which would provide direct financial benefit to

that member.

(2) Whenever the secretary determines that there is a substantial violation of subsection

(1) of this section, the secretary may issue a notice of intent to revoke approval of

all or part of the plan affected.
KRS § 222.203 — KY Code / Title XVIII / Chapter 222 / Section 222.203
222.203 Arrest -- Citation -- Jail -- Bail -- Pretrial release
Status: in_force

222.203 Arrest -- Citation -- Jail -- Bail -- Pretrial release.

(1) A peace officer may make an arrest for a violation of KRS 222.202.

(2) Any peace officer who arrests a person for violation of KRS 222.202 shall take him

to jail. A peace officer may issue a citation and may take the person to a facility

authorized by county or city ordinance agreeing to care for the person. If the person

is jailed, at the jail it shall be determined if the person has committed a previous

offense under KRS 222.202.

(3) A citation shall be issued to such person showing thereon the date of such person's

appearance in court and whether the offense is prepayable or not.

(4) Unless it has been determined that the defendant has had two (2) prior convictions

for violation of KRS 222.202 within the previous twelve (12) months, the citation

shall be marked as prepayable.

(5) If it is determined that this is a third or subsequent offense, then the provisions of

KRS Chapter 431 with regard to bail and pretrial release shall apply.
KRS § 198B.100 — KY Code / Title XVII / Chapter 198B / Section 198B.100
198B.100 Manufactured or mobile home exemption
Status: in_force

198B.100 Manufactured or mobile home exemption.

Unless explicitly stated, exemption of manufactured or mobile homes from the

provisions of this chapter shall not exempt them from provisions of existing law

regulating them for the purposes of health, safety, and welfare.
KRS § 309.301 — KY Code / Title XXVI / Chapter 309 / Section 309.301
309.301 Licensing for interpreters required -- Exceptions
Status: in_force

309.301 Licensing for interpreters required -- Exceptions.

(1) Effective July 1, 2003, no person shall represent himself or herself as an interpreter

or engage in the practice of interpreting as defined in KRS 309.300 unless he or she

is licensed in accordance with the provisions of KRS 309.300 to 309.319.

(2) The provisions of KRS 309.300 to 309.319 shall not apply to:

(a) Nonresident interpreters working in the Commonwealth less than twenty (20)

days per year;

(b) Interpreters working at religious activities;

(c) Interpreters working as volunteers without compensation. However, all

volunteers interpreting for state agencies must be eligible for licensure as

described in KRS 309.312;

(d) Interpreters working in an emergency. An emergency is a situation where the

consumer decides that the delay necessary to obtain a licensed interpreter is

likely to cause injury or loss to the consumer; or

(e) The activities and services of an interpreter intern or a student in training who

is:

1. Enrolled in a program of study in interpreting at an accredited institution

of higher learning;

2. Interpreting under the supervision of a licensed interpreter as part of a

supervised program of study; and

3. Identified as an interpreter intern or student in training.
KRS § 96.280 — KY Code / Title IX / Chapter 96 / Section 96.280
96.280 Consolidated local government to prescribe conditions for use of streets by board
Status: in_force

96.280 Consolidated local government to prescribe conditions for use of streets by

board.

The legislative body of the consolidated local government may, by ordinance, fix

reasonable conditions upon which the board of waterworks may cut into the public ways

of the consolidated local government.
KRS § 406.061 — KY Code / Title XXXV / Chapter 406 / Section 406.061
406.061 Jury trial in paternity action
Status: in_force

406.061 Jury trial in paternity action.

To the extent necessary to conform to federal law, 42 U.S.C. sec. 666(a)(5)(l), except to

the extent that it is required under Section 7 of the Constitution of Kentucky, no party

shall be entitled to a trial by a jury in a paternity action.
KRS § 177.180 — KY Code / Title XV / Chapter 177 / Section 177.180
177.180 Highway engineer to approve contracts
Status: in_force

177.180 Highway engineer to approve contracts.

All contracts let by the railroad company under KRS 177.120 to 177.210 shall have the

approval of the state highway engineer, in writing, indorsed on the contract.