FrankGoortani/open-us-law huggingface dataset:
KRS § 311B.070 — KY Code / Title XXVI / Chapter 311B / Section 311B.070
311B.070 Executive director -- Qualifications -- Duties -- Bond
Status: in_force

311B.070 Executive director -- Qualifications -- Duties -- Bond.

(1) The executive director shall have demonstrated administrative experience relative to

budget, management, organizational abilities, and professional communication. The

executive director shall:

(a) Be a licensed medical imaging technologist or radiation therapist;

(b) Have a minimum of a bachelor's degree; and

(c) Meet the qualifications of a board member as required under KRS

311B.030(2).

(2) The executive director shall implement and oversee the licensure process of

advanced imaging professionals, medical imaging technologists, radiographers,

radiation therapists, nuclear medicine technologists, and limited X-ray machine

operators as defined by the board. The executive director shall, at a minimum:

(a) Receive and evaluate applications for licenses;

(b) Document continuing education by licensees;

(c) Report suspected allegations of violations of this chapter to the board;

(d) Serve as corresponding secretary for the board;

(e) Supervise and evaluate administrative assistants and other office staff hired or

contracted by the board;

(f) Assist the board chair in coordinating regular and special meetings and

agendas;

(g) Maintain records of the actions of the board;

(h) Obtain an annual audit of the funds received and disbursed;

(i) Prepare and submit reports as needed;

(j) Serve as liaison between educational programs and the board; and

(k) Serve as liaison between the board and:

1. State and national professional and accrediting organizations; and

2. Other Kentucky boards and agencies.

(3) The executive director and other persons designated by the board shall be bonded

by the state in an amount as determined by the board to be approved by the State

Treasurer for the faithful performance of related duties.
KRS § 136.335 — KY Code / Title XI / Chapter 136 / Section 136.335
136.335 Irrevocable election of method of taxation for domestic life insurance companies -- Time of filing
Status: in_force

136.335 Irrevocable election of method of taxation for domestic life insurance

companies -- Time of filing.

Beginning with calendar year 2000, every life insurance company incorporated under the

laws of and doing business in Kentucky shall make an irrevocable election whether to be

taxed under the provisions of KRS 136.320 or 136.330. For insurance companies

incorporated under the laws of and doing business in Kentucky, prior to January 1, 2000,

the election shall be filed with the commissioner of insurance and the commissioner of

the Department of Revenue on or before January 1, 2000. For insurance companies

applying for a certificate to do business in Kentucky as a domestic life insurance

company, after January 1, 2000, the election shall be filed with the company's initial

application for certificate of authority to do business in Kentucky.
KRS § 278.430 — KY Code / Title XXIV / Chapter 278 / Section 278.430
278.430 Burden of proof
Status: in_force

278.430 Burden of proof.

In all trials, actions or proceedings arising under the preceding provisions of this chapter

or growing out of the commission's exercise of the authority or powers granted to it, the

party seeking to set aside any determination, requirement, direction or order of the

commission shall have the burden of proof to show by clear and satisfactory evidence that

the determination, requirement, direction or order is unreasonable or unlawful.
KRS § 278.542 — KY Code / Title XXIV / Chapter 278 / Section 278.542
278.542 Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by telephone utilities required
Status: in_force

278.542 Effect of KRS 278.541 to 278.544 on commission's jurisdiction -- Filing by

telephone utilities required.

(1) Nothing in KRS 278.541 to 278.544 shall affect the commission's jurisdiction with

respect to:

(a) Any agreement or arrangement between or among ILECs;

(b) Any agreement or arrangement between or among ILECs and other local

exchange carriers;

(c) Consumer complaints as to compliance with basic local exchange service

obligations, and the quality of basic voice-grade service transmission for basic

and nonbasic services, consistent with accepted industry standards for

telecommunications services;

(d) The 911 emergency service as set forth in KRS 65.750 to 65.760 or wireless

enhanced emergency 911 systems as set forth in KRS 65.7621 to 65.7643;

(e) Accuracy of billing for telecommunications services, in accordance with the

truth-in-billing regulations prescribed by the Federal Communications

Commission;

(f) Assessments as set forth in KRS 278.130, 278.140, and 278.150;

(g) Unauthorized change of telecommunications providers or "slamming" under

KRS 278.535;

(h) Billing of telecommunications services not ordered by or on behalf of the

consumer or "cramming" to the extent that such services do not comply with

the truth-in-billing regulations prescribed by the Federal Communications

Commission;

(i) The federal Universal Service Fund and Lifeline Services Program and any

Kentucky state counterpart;

(j) Any special telephone service programs as set forth in KRS 278.547 to

278.5499;

(k) Tariffs, except as expressly provided for in KRS 278.541 to 278.544;

(l) Setting objectives for performance as to basic local exchange service; except

that the objectives shall not exceed existing commission standards or

associated penalties as of July 12, 2006;

(m) Prohibiting price differences among retail telecommunications customers to

the extent that such differences are attributable to race, creed, color, religion,

sex, or national origin; or

(n) Ensuring that a telephone utility furnishes safe, adequate, and reasonable basic

local exchange service to customers within that utility's service area.

(2) Telephone utilities operating pursuant to KRS 278.541 to 278.544 shall file with the

commission a form containing:

(a) The complete name of the telephone utility;

(b) The physical address of its principal office; and

(c) The name, title, and telephone number of the person responsible for answering

consumer complaints on behalf of the telephone utility.

(3) No telephone utility shall engage in predatory pricing as defined by the United

States Supreme Court in Brooke Group Ltd. v. Brown & Williamson Tobacco

Corp., 509 U.S. 209 (1993).

(4) Nothing in KRS 278.541 to 278.544 shall affect the alternative regulation process

for small telephone utilities as set forth in KRS 278.516.
KRS § 147A.315 — KY Code / Title XII / Chapter 147A / Section 147A.315
147A.315 Community endowment fund
Status: in_force

147A.315 Community endowment fund.

(1) The community endowment fund is established as a separate trust and agency

account in the State Treasury. The fund shall consist of funds appropriated from the

general fund, and any other proceeds from appropriations, contributions, gifts, or

grants made available for the purposes of the fund.

(2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of a

fiscal year 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) The fund shall be administered by the Department for Local Government, and

moneys in the fund shall be used to provide grants under KRS 147A.320.
KRS § 250.700 — KY Code / Title XXI / Chapter 250 / Section 250.700
250.700 Grounds for revocation of registration
Status: in_force

250.700 Grounds for revocation of registration.

A registration may be revoked at any time for just cause as hereinafter provided. Grounds

for revocation of a registration are as follows:

(1) Material misrepresentations made for the purpose of defrauding any member of the

public or the sale of any materials which do not conform to the standards prescribed

by the Commissioner or as set forth in KRS 250.650 to 250.720 by an owner or any

regular employee, solicitor, agent, or representative of the owner.

(2) Failure by the owner to pay any final judgment rendered against any owner or

regular employee, solicitor, agent, or representative of the owner by reason of

violations of any provisions of KRS 250.650 to 250.720.
KRS § 198B.600 — KY Code / Title XVII / Chapter 198B / Section 198B.600
198B.600 Certificate holder permitted to obtain only one contractor's license at a time
Status: in_force

198B.600 Certificate holder permitted to obtain only one contractor's license

at a time.

A certificate holder shall not obtain a fire protection sprinkler contractor's license for

more than one (1) fire protection sprinkler contractor at a time. If the certificate

holder leaves the employment of the fire protection sprinkler contractor, he or she

shall notify the commissioner within thirty (30) days. The certificate holder shall not

be eligible to obtain a fire protection sprinkler contractor's license for more than one

(1) other fire protection sprinkler contractor for a period of twelve (12) months

thereafter. If the certificate holder leaves the employment of the fire protection

sprinkler contractor, or dies, the contractor shall have six (6) months or until the

expiration of the current license, whichever shall last occur, to submit a new

application on another certificate holder and be issued a new license. If the

application is not received and a new license issued within the allotted time, the

commissioner shall revoke the license of the fire protection sprinkler contractor.
KRS § 63.055 — KY Code / Title VIII / Chapter 63 / Section 63.055
63.055 Absence of Senators
Status: in_force

63.055 Absence of Senators.

The Senate shall determine what amount of absence of a Senator during the trial shall

exclude the Senator from voting on the final decision.
KRS § 350.054 — KY Code / Title XXVIII / Chapter 350 / Section 350.054
350.054 Illegal mining and conveyance reclamation fund -- Purpose -- Control
Status: in_force

350.054 Illegal mining and conveyance reclamation fund -- Purpose --

Control.

(1) There is established a special fund to be known as the "Illegal Mining and

Conveyance Reclamation Fund" which shall be under the control of the Energy

and Environment Cabinet.

(2) The fund shall consist of all moneys from the sale or forfeiture of all

instrumentalities used in violation of KRS 350.057(3) or 350.060(1).

(3) Moneys in the fund may be used for the following purposes:

(a) To reclaim lands mined without a permit or authorization, as required by

KRS 350.057 or 350.060(1), and not eligible for the abandoned mine

lands reclamation fund; and

(b) To defray all expenses associated with the seizure, storing, and sale of

forfeited property.

(4) Moneys contained in the illegal mining and conveyance reclamation fund shall

be deemed a trust and agency account and shall not lapse.

(5) The cabinet shall have access to and control of the moneys held in the illegal

mining and conveyance reclamation fund, but shall expend the moneys only for

the purposes set forth in subsection (3) of this section.
KRS § 149.400 — KY Code / Title XII / Chapter 149 / Section 149.400
149.400 Fire hazard seasons -- Fires prohibited -- Exceptions
Status: in_force

149.400 Fire hazard seasons -- Fires prohibited -- Exceptions.

(1) The periods commencing on February 15 and ending on April 30 and commencing

on October 1 and ending on December 15 of each year are hereby declared to be and

established as the fire hazard seasons. During the fire hazard seasons, even though

the precautions required by KRS 149.375 shall have been taken, it shall be unlawful

for any person to set fire to, or to procure another to set fire to, any flammable

material capable of spreading fire, located in or within one hundred fifty feet (150')

of any woodland or brushland, except between the hours of 6:00 p.m. and 6:00 a.m.,

prevailing local time, or when the ground is covered with snow.

(2) This section shall not apply to fires which may be set for the purpose of burning

plant beds.

(3) This section shall not apply to fires which may be set by competent and qualified

employees of railroad, utility, or pipeline companies in connection with the

construction, operation, or maintenance of railroads, pipelines, powerlines, or other

projects in the public interest on rights-of-way used for such railroads, pipelines,

powerlines, or other projects, and such fires shall be attended at all times and be

extinguished before the employees of such railroad, utility, or pipeline companies

leave the vicinity of the fire.

(4) This section shall not apply to fires set by trained and qualified employees of a state

government agency on land owned by the state or leased or managed by the state

under a written agreement with the landowner and set for the specific purpose of

wildlife or plant habitat improvement, ecological site restoration, site preparation

for natural or artificial regeneration or fuel reduction. Nongovernmental

organizations and other governmental agencies may apply to the Division of

Forestry for written approval to set fires under this subsection. Fires set under this

subsection shall be in accordance with KRS 149.375. Persons who set such fires

shall give written notification of the burn to the local Division of Forestry district

office at least twenty-four (24) hours in advance and obtain the approval of the

district office.
KRS § 178.025 — KY Code / Title XV / Chapter 178 / Section 178.025
178.025 Road presumed established -- Presumption of width and area of public road right-of-way
Status: in_force

178.025 Road presumed established -- Presumption of width and area of public

road right-of-way.

(1) Any road, street, highway, or parcel of ground, dedicated and laid-off as a public

way and used without restrictions on a continuous basis by the general public for

fifteen (15) consecutive years, shall conclusively be presumed to be a public road.

(2) In the absence of any record, the width of a public road right-of-way shall be

presumed to extend to and include that area lying outside the shoulders and ditch

lines and within any landmarks such as fences, fence posts, cornerstones, or other

similar monuments indicating the boundary lines.

(3) In the absence of both record or landmark, the right-of-way of a public road shall be

deemed to extend to and include the shoulders and ditch lines adjacent to said road

and to the top of cuts or toe of fills where such exist.
KRS § 74.410 — KY Code / Title IX / Chapter 74 / Section 74.410
74.410 Revenue bonds may be issued as provided in KRS 58.010 to 58.140
Status: in_force

74.410 Revenue bonds may be issued as provided in KRS 58.010 to 58.140.

Water districts may, in addition to all other methods provided by law, acquire and

develop water systems, systems for the distribution of natural, artificial, or mixed gas and

sewage disposal systems through the issuance of revenue bonds under the terms and

provisions of KRS 58.010 to 58.140.
KRS § 141.500 — KY Code / Title XI / Chapter 141 / Section 141.500
141.500 Education Opportunity Account Program. (See LRC Note below)
Status: in_force

141.500 Education Opportunity Account Program. (See LRC Note below)

There is hereby established the Education Opportunity Account Program, also known as

the EOA program. The purpose of the EOA program is to give more flexibility and

choices in education to Kentucky residents and to address disparities in educational

options available to students.
KRS § 432.510 — KY Code / Title XL / Chapter 432 / Section 432.510
432.510 Protection of prisoners -- Power of officer to summon citizens, arm prisoners
Status: in_force

432.510 Protection of prisoners -- Power of officer to summon citizens, arm

prisoners.

(1) Any person having custody of a person charged with a public offense shall summon

to his aid as many of the able-bodied male citizens of his county between the ages

of twenty-one (21) and fifty (50) years as may be necessary for the protection of the

person in his custody. Any person so summoned who fails to obey the summons or

verbal notice of the officer shall be fined not less than one hundred dollars ($100)

nor more than five hundred dollars ($500).

(2) Any officer having knowledge or reasonable grounds to believe that an effort will

be made to rescue, injure or kill any person in his custody charged with a public

offense shall immediately provide the means necessary to prevent such an act.

(3) Any officer in charge of a jail who has reasonable grounds to believe that the jail

will be attacked by a mob or persons confederated or banded together to inflict

violence upon any inmate, may arm the threatened inmates for their own protection.
KRS § 15.150 — KY Code / Title III / Chapter 15 / Section 15.150
15.150 Stenographic, investigative and clerical help
Status: in_force

15.150 Stenographic, investigative and clerical help.

The Attorney General may employ such stenographic, investigative and other clerical

help for the use and benefit of his department as he deems necessary for the proper

conduct of his office, within the limits of appropriations made for that purpose.

Investigative personnel as designated by the Attorney General shall have the power of

peace officers.
KRS § 99.130 — KY Code / Title IX / Chapter 99 / Section 99.130
99.130 Other corporations not to use "redevelopment" in name
Status: in_force

99.130 Other corporations not to use "redevelopment" in name.

No corporation now organized under the laws of this state shall change its name to a

name, and no such corporation hereafter organized shall have a name, containing the

word "redevelopment" as a part thereof, unless and until such corporation is or becomes a

redevelopment corporation. No foreign corporation now authorized to do business in this

state shall change its name to a name, and no such corporation shall hereafter be

authorized to do business in this state with a name, containing the word "redevelopment"

as a part thereof.
KRS § 153.233 — KY Code / Title XII / Chapter 153 / Section 153.233
153.233 Entity producing or financing arts and receiving $25,000 or less from state or local governmental units -- Exemption from open meetings and open records requirements
Status: in_force

153.233 Entity producing or financing arts and receiving $25,000 or less from state

or local governmental units -- Exemption from open meetings and open

records requirements.

An entity involved in producing or financing arts on a local or statewide basis, since the

inception of fiscal year 2004-2005, which received a total of twenty-five thousand dollars

($25,000) or less as a result of appropriations or grants from state or local governmental

units, shall be exempt from the requirements of:

(1) KRS 61.805 to 61.850; and

(2) KRS 61.870 to 61.884.
KRS § 243.550 — KY Code / Title XX / Chapter 243 / Section 243.550
243.550 Conduct of hearing by board
Status: in_force

243.550 Conduct of hearing by board.

Hearings upon appeals from orders of a local administrator, a license determination

of a state administrator, or upon proceedings initiated by the department for license

revocation or suspension shall be held by the board. The board may, at its

discretion, hold the hearing in Frankfort, or in the county where the licensed

premises, or the premises to be licensed, are located. Decisions shall be made and

final orders entered only upon the vote of a majority of the board. The hearings shall

be conducted in accordance with the provisions of KRS Chapter 13B.
KRS § 406.031 — KY Code / Title XXXV / Chapter 406 / Section 406.031
406.031 Limitation of action
Status: in_force

406.031 Limitation of action.

(1) The determination of paternity under the provisions of KRS 406.021(1) shall be

commenced within eighteen (18) years after the birth, miscarriage or stillbirth of a

child. However, in such cases, liability for child support shall not predate the

initiation of action taken to determine paternity as set forth in KRS 406.021 if the

action is taken two (2) years or more from the date of birth.

(2) Any person for whom paternity has not yet been established and who had not

reached eighteen (18) years of age as of August 16, 1984, including those persons

for whom a paternity action was brought but dismissed because a statute of

limitations of less than eighteen (18) years was then in effect, may bring an action to

establish paternity.
KRS § 177.060 — KY Code / Title XV / Chapter 177 / Section 177.060
177.060 Payment for right-of-way
Status: in_force

177.060 Payment for right-of-way.

(1) Except as otherwise provided in this section and in KRS 177.070, all cost of

acquiring any necessary land or right-of-way for primary road purposes and all

damages incurred shall be paid by the county.

(2) Temporary rights-of-way and private surfaced roads, other than those owned by the

county, which are acquired for primary road purposes shall be paid for by the state.

(3) When a highway has been located by the department and a right-of-way procured by

the county and accepted by the department, any additional right of way required by

the department as a result of a change in the highway may be acquired by the

department and shall be paid for by the state unless it is a road owned by the county.

(4) The cost of acquiring right-of-way for initial construction of industrial access roads,

state park access roads and other roads the construction of which would best serve

the interests of the Commonwealth in promoting economic and industrial growth

shall be paid by the state.
KRS § 353.402 — KY Code / Title XXVIII / Chapter 353 / Section 353.402
353.402 Definitions for KRS 353.400 to 353.410
Status: in_force

353.402 Definitions for KRS 353.400 to 353.410.

As used in KRS 353.400 to 353.410, unless the context requires otherwise:

(1) "Gas acquisition authority" or "authority" means a natural gas acquisition authority

created pursuant to this section;

(2) "Bond" means any bond, note, or other evidence of indebtedness issued by an

Authority;

(3) "Gas" or "natural gas" means natural gas or any substitute for natural gas, including

synthetic natural gas, liquefied natural gas, coal gas, or other substance usable in

lieu of natural gas;

(4) "Municipal utility" means any public agency that:

(a) Provides gas or electric service to retail customers within a municipal service

area; or

(b) Provides wholesale natural gas supply services to public agencies described in

paragraph (a) of this subsection.

(5) "Project" means any plant, works, system, facility, other real or personal property,

and interests therein, including drilling rights, operating rights, royalties, overriding

royalties, and other rights, titles, and interests, production payments, gas purchase

contracts, prepaid gas purchase contracts, and other contractual rights and interests

necessary or convenient for the acquisition, transportation, storage, or management

of natural gas for the purpose of providing the supply requirements of municipal

utilities; and

(6) "Public agency" has the same meaning as specified in KRS 65.230.