FrankGoortani/open-us-law huggingface dataset:
KRS § 61.623 — KY Code / Title VIII / Chapter 61 / Section 61.623
61.623 Electronic fund transfer of retirement allowance required -- Exceptions
Status: in_force

61.623 Electronic fund transfer of retirement allowance required -- Exceptions.

(1) A recipient who begins receiving a retirement allowance August 1, 2000, or after,

from the Kentucky Employees Retirement System, the County Employees

Retirement System, or the State Police Retirement System shall have the retirement

allowance paid by electronic fund transfer to a financial institution designated by

the recipient except as provided by subsection (5) of this section.

(2) When an individual becomes eligible to receive a monthly retirement allowance, the

retirement system shall provide an authorization for deposit of retirement payment

form to the recipient to have the monthly retirement allowance deposited to an

account in a financial institution.

(3) The recipient shall provide the information and authorization required for the

electronic transfer of funds from the State Treasurer's office to the designated

financial institution.

(4) At any time while receiving a retirement allowance, the recipient may change the

designated institution by completing a new authorization for deposit of retirement

payment form and filing the form at the retirement office in Frankfort. The last

authorization for deposit of retirement payment on file at the retirement office shall

control the electronic transfer of the recipient's retirement allowance.

(5) (a) A recipient may request to be paid by check issued by the State Treasurer

instead of by electronic transfer by completing and filing at the retirement

office a request for payment by check form.

(b) The request shall be approved if:

1. The recipient certifies that he does not currently have an account with a

financial institution; or

2. The recipient's bank certifies that it does not participate in the electronic

funds transfer program.

(c) The retirement office shall, every five (5) years, require the recipient to certify

that the original conditions under which he requested payment by check

continue. If the original conditions do not exist, the recipient shall complete

an authorization for direct deposit of retirement payment form and file it with

the retirement office.
KRS § 95.440 — KY Code / Title IX / Chapter 95 / Section 95.440
95.440 Police and fire department members in city of home rule class or urban-county government -- Qualifications -- Examination -- Tenure -- Reinstatement
Status: in_force

95.440 Police and fire department members in city of home rule class or urban-

county government -- Qualifications -- Examination -- Tenure --

Reinstatement.

(1) The legislative body of cities of the home rule class and urban-county governments

may require, in addition to the peace officer professional standards training under

KRS 15.380 to 15.404, all applicants for appointments as members of the police or

fire departments to be examined as to their qualifications for office, including their

knowledge of the English language and the law and rules governing the duties of

the position applied for.

(2) Each member of the police or fire department in cities and urban-county

governments shall be able to read, write, and understand the English language, and

have such other qualifications as may be prescribed. No person shall be appointed a

member of the police or fire department unless he or she is a person of sobriety and

integrity and is and has been an orderly, law-abiding citizen. No person convicted

of a felony is eligible for appointment.

(3) Members of the police and fire departments in cities required to comply with KRS

95.450 or urban-county governments qualified under this section shall hold their

positions during good behavior, except that the legislative body may decrease the

number of policemen or firefighters as it may deem proper.

(4) If the legislative body of a city required to comply with KRS 95.450 or urban-

county government decreases the number of policemen or firefighters, the youngest

members in point of service shall be the first to be released and returned to the

eligible list of the department, there to advance according to the rules of the

department.

(5) The legislative body in an urban-county government may by ordinance provide that

any person who has successfully completed his or her probationary period and

subsequently ceased working for the police or fire department for reasons other than

dismissal may be restored to the position, rank, and pay he or she formerly held or

to an equivalent or lower position, rank, or pay than that which he or she formerly

held if he or she so requests in writing to the appointing authority. Such person shall

be eligible for reinstatement only with the approval of the appointing authority.
KRS § 164A.610 — KY Code / Title XIII / Chapter 164A / Section 164A.610
164A.610 Organization and operation of affiliated corporations
Status: in_force

164A.610 Organization and operation of affiliated corporations.

(1) An institution may organize and operate one (1) or more affiliated corporations to

assist it in carrying out its programs, missions or other functions. A qualified firm

of certified public accountants experienced in the auditing of colleges and

universities and their affiliated corporations shall be engaged to conduct an annual

examination of the corporation's financial statements in accord with generally

accepted auditing standards for the purpose of rendering an independent opinion

thereon and preparing a report of findings and recommendations concerning

appropriate accounting controls and compliance with applicable statutes. The

affiliated corporation shall adhere to the principles of accounting and purchasing

used by the institution with which it is affiliated.

(2) The affiliated corporation shall provide the institution with an accounting at least

quarterly, of all income and expenditures of said corporation in connection with

contracts or grants with entities external to the institution and the corporation, for

the conduct of research or other projects carried out, in whole or in part, through the

use of institutional facilities or personnel.

(3) The affiliated corporation shall pay to, or for the benefit of, the institution any and

all funds received by it from any person, corporation, association or governmental

agency external to the institution and the affiliated corporation as reimbursement for

indirect expenses incurred by the institution in carrying out research or furnishing

other goods or services, deducting from such payments only the expenses

attributable to the procurement and performance of research grants and contracts

and other contracts for the provision of such goods and services and such sums as

may be essential to meet contractual obligations incurred at the request of the

institution's governing board.
KRS § 42.420 — KY Code / Title VI / Chapter 42 / Section 42.420
42.420 Proposed bond issuance subject to approval prior to issuance
Status: in_force

42.420 Proposed bond issuance subject to approval prior to issuance.

All other provisions of the Kentucky Revised Statutes notwithstanding, all state agencies

and all individuals, agencies, authorities, boards, cabinets, commissions, corporations, or

other entities of, or representing the Commonwealth with the authority to issue bonds,

shall submit all proposed bond issues, bond anticipation notes, or interim debt financing

to the Office of Financial Management for review and approval prior to issuance of such

debt.
KRS § 530.040 — KY Code / Title L / Chapter 530 / Section 530.040
530.040 Abandonment of minor
Status: in_force

530.040 Abandonment of minor.

(1) A person is guilty of abandonment of a minor when, as a parent, guardian or other

person legally charged with the care or custody of a minor, he deserts the minor in

any place under circumstances endangering his life or health and with intent to

abandon him.

(2) Abandonment of a minor is a Class D felony.
KRS § 439.341 — KY Code / Title XL / Chapter 439 / Section 439.341
439.341 Probable cause revocation hearings of probation, parole, and postincarceration supervision violators
Status: in_force

439.341 Probable cause revocation hearings of probation, parole, and

postincarceration supervision violators.

Probable cause revocation hearings of probation, parole, and postincarceration

supervision violators shall be conducted by hearing officers. These hearing officers shall

be attorneys, appointed by the board and admitted to practice in Kentucky, who shall

perform the aforementioned duties and any others assigned by the board.
KRS § 315.325 — KY Code / Title XXVI / Chapter 315 / Section 315.325
315.325 Exemption from pharmacy licensing requirements for common carriers transporting drugs
Status: in_force

315.325 Exemption from pharmacy licensing requirements for common carriers

transporting drugs.

The provisions of KRS 315.320 do not apply to a person who is:

(1) A common or contract carrier or warehouseman, or any employee thereof, unless

the person is acting outside of the usual course of his business or employment or

knows or has reasonable cause to believe that the act or transaction is unlawful; or

(2) An employee or agent of a pharmacist or pharmacy licensed or permitted pursuant

to this chapter and acting in accordance with KRS Chapter 218A, unless the person

is acting outside of the usual course of his business or employment or knows or has

reasonable cause to believe that the act or transaction is unlawful; or

(3) The intended recipient of a substance or drug, unless the intended recipient knows

or has reasonable cause to believe that the act or transaction is unlawful.
KRS § 198B.720 — KY Code / Title XVII / Chapter 198B / Section 198B.720
198B.720 Notification to board
Status: in_force

198B.720 Notification to board.

A licensee shall notify the board within thirty (30) days of any change of:

(1) Name;

(2) Name under which the licensee conducts business; or

(3) Business address.
KRS § 322.320 — KY Code / Title XXVI / Chapter 322 / Section 322.320
322.320 Board may require attendance of witnesses, production of documents
Status: in_force

322.320 Board may require attendance of witnesses, production of documents.

(1) In carrying this chapter into effect, the board, under the hand of its chairman or

executive director and under its seal, may, during the investigation or an

administrative hearing procedure, in cases involving the revocation of a license or

practicing or offering to practice without a license, subpoena witnesses and compel

their attendance and require the production of books, papers, and documents. Any

member may administer oaths to witnesses appearing before the board.

(2) If any person refuses to obey any subpoena so issued or refuses to testify or produce

any books, papers, or documents, the board may present its petition to any authority

having jurisdiction, setting forth the facts. That authority shall, in a proper case,

issue its subpoena to the person, requiring him to attend and testify or produce

books, papers and documents considered necessary and pertinent by the board.

(3) Board members and agents and staff of the board shall be held free of any personal

liability as a result of board actions.
KRS § 210.550 — KY Code / Title XVIII / Chapter 210 / Section 210.550
210.550 Financial participation
Status: in_force

210.550 Financial participation.

The compact administrator, subject to the approval of the secretary of the Finance and

Administration Cabinet, may make or arrange for any payments necessary to discharge

any financial obligations imposed upon this state by the compact or by any supplementary

agreement entered into thereunder.
KRS § 67C.311 — KY Code / Title IX / Chapter 67C / Section 67C.311
67C.311 Mayor's certification of information on police officers
Status: in_force

67C.311 Mayor's certification of information on police officers.

Within thirty (30) days after the creation of a merit board under KRS 67C.301 to

67C.327, the mayor shall certify to the board the names, rank, rate of pay, and the

seniority of every officer on the police force as of the effective date of the ordinance

creating the board.
KRS § 155.080 — KY Code / Title XII / Chapter 155 / Section 155.080
155.080 Membership -- Duty of members -- Loan limit formula
Status: in_force

155.080 Membership -- Duty of members -- Loan limit formula.

(1) Any financial institution may request membership in the corporation by making

application to the board of directors on such form and in such manner as said board

of directors may require, and membership shall become effective upon acceptance

of such application by said board.

(2) Except for short term loans which members may make at their discretion, each

member of the corporation shall make loans to the corporation as and when called

upon by it to do so on such terms and other conditions as shall be approved from

time to time by the board of directors, subject to the following conditions:

(a) All loan limits shall be established at the thousand dollar ($1,000) amount

nearest to the amount computed in accordance with the provisions of this

section;

(b) No loan to the corporation shall be made if immediately thereafter the total

amount of the obligations of the corporation would exceed twenty (20) times

the amount then paid in on the outstanding capital stock of the corporation;

and

(c) The total amount outstanding on loan to the corporation made by any member

at any one (1) time when added to the amount of the investment in the capital

stock of the corporation then held by such member shall not exceed the

following limit, to be determined as of the time such member becomes a

member on the basis of the audited balance sheet of such member at the close

of its fiscal year immediately preceding its application for membership, or, in

the case of an insurance company, its last annual statement to the

commissioner of insurance:

1. Two percent (2%) of the capital and surplus of commercial banks and

trust companies;

2. One percent (1%) of the total outstanding loans made by a building and

loan association: provided, however, that any business development

corporation created pursuant to this section, KRS 155.010 and 155.090

may in its articles of incorporation, or by appropriate amendment

thereto, provide that the loan limit of a building and loan association

member shall be only one-half of one percent (0.5%) of the total

outstanding loans made by such building and loan association member;

3. One percent (1%) of the capital and unassigned surplus of stock

insurance companies, except fire insurance writing companies;

4. One percent (1%) of the unassigned surplus of mutual insurance

companies, except fire insurance writing companies;

5. One-tenth of one percent (0.1%) of the assets of fire insurance writing

companies; and

6. Such limits as may be approved by the board of directors of the

corporation for other financial institutions.
KRS § 381.280 — KY Code / Title XXXII / Chapter 381 / Section 381.280
381.280 Forfeiture of right to property for killing or victimizing decedent -- Exemptions -- Escheat to elder and vulnerable victims trust fund
Status: in_force

381.280 Forfeiture of right to property for killing or victimizing decedent --

Exemptions -- Escheat to elder and vulnerable victims trust fund.

(1) If the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right

of survivorship or the beneficiary under any insurance policy takes the life of the

decedent or victimizes the decedent by the commission of any felony under KRS

Chapter 209 and in either circumstance is convicted therefor, the person so

convicted forfeits all interest in and to the property of the decedent, including any

interest he or she would receive as surviving joint tenant, and the property interest

or insurable interest so forfeited descends to the decedent's other heirs-at-law,

beneficiaries, or joint tenants, unless otherwise disposed of by the decedent. A judge

sentencing a person for a offense that triggers a forfeiture under this section shall

inform the defendant of the provisions of this section at sentencing.

(2) A forfeiture under subsection (1) of this section:

(a) Shall not apply in cases involving the commission of any felony under KRS

Chapter 209 where the will, deed, or insurance policy was executed prior to

January 1, 2012;

(b) Shall not apply in cases where the decedent, with knowledge of the person's

disqualification, reaffirmed the right of the husband, wife, heir-at-law,

beneficiary under a will, joint tenant with the right of survivorship, or

insurance policy beneficiary to receive the property by executing a new or

modified will or codicil, insurance policy or policy modification, or deed; and

(c) Shall not apply in cases of a felony under KRS Chapter 209 committed prior

to January 1, 2012.

(3) If, after the provisions of this section are applied, there are no other heirs-at-law,

beneficiaries, or joint tenants of the decedent as to all or part of the interest

forfeited, the forfeited interest shall escheat to the state under KRS Chapter 393.

The Department of the Treasury shall, after liquidation of the interest, pay the

proceeds into the elder and vulnerable adult victims trust fund established in KRS

41.305.
KRS § 15A.344 — KY Code / Title III / Chapter 15A / Section 15A.344
15A.344 County tobacco addiction and alcohol and substance abuse advisory and coordination boards -- Role of KY-ASAP -- Local long-term community strategy
Status: in_force

15A.344 County tobacco addiction and alcohol and substance abuse advisory and

coordination boards -- Role of KY-ASAP -- Local long-term community

strategy.

(1) KY-ASAP shall establish in each county a local tobacco addiction and alcohol and

substance abuse advisory and coordination board to assist in planning, overseeing,

and coordinating the implementation of local programs related to smoking cessation

and prevention and alcohol and substance abuse prevention, cessation, and

treatment, although a single board may be established for multiple counties to

ensure a comprehensive range of services. The board shall assist with the

coordination of programs provided by public and private entities. If the existing

programs of private service providers are of high quality, KY-ASAP shall

concentrate on providing missing elements and support for those providers. The

Cabinet for Health and Family Services shall support the communities' efforts.

(2) KY-ASAP shall consult with community leaders to solicit the names of residents

from the community to serve on each advisory and coordination board. KY-ASAP

shall request from each board the submission of reasonable reports on the

effectiveness, efficiency, and efforts of each local program, including

recommendations for increased or decreased funding, and KY-ASAP shall supply

information as necessary to the advisory and coordination board to enable it to carry

out its functions.

(3) KY-ASAP shall provide incentives to encourage multicounty advisory and

coordination board requests and shall establish a single board to represent all

counties making the request. Priority in establishing a board shall be given to

existing regional prevention centers or coalitions, community organizations, or local

Kentucky Incentives for Prevention (KIP) project coalitions. Membership shall

consist of residents from each of the counties.

(4) Each advisory and coordination board shall develop a long-term community

strategy that is designed to reduce the incidence of youth and young adult smoking

and tobacco addiction, promote resistance to smoking, reduce the incidence of

substance abuse, and promote effective treatment of substance abuse. All county

resources, both private and public, for-profit and nonprofit, shall be considered in

developing this strategy.

(a) Employers, local leaders, schools, family resource and youth services centers,

health care providers and institutions, economic developers, and other relevant

local and regional entities shall be consulted in the development of the

strategy.

(b) An assessment of needs and available services shall be included in the

strategy.
KRS § 131.660 — KY Code / Title XI / Chapter 131 / Section 131.660
131.660 Rights of taxpayer whose name is erroneously published
Status: in_force

131.660 Rights of taxpayer whose name is erroneously published.

If the department publishes a name under KRS 131.650 in error, the taxpayer whose name

was erroneously published has all the rights enumerated in KRS 131.081 for an aggrieved

taxpayer.
KRS § 235.205 — KY Code / Title XIX / Chapter 235 / Section 235.205
235.205 Use of sirens and flashing blue lights restricted
Status: in_force

235.205 Use of sirens and flashing blue lights restricted.

No vessel equipped with a siren or a flashing, rotating, or oscillating blue light may be

operated upon waterways of this state except boats operated by the department or law-

enforcement vessels of any law-enforcement agency of the Commonwealth having

jurisdiction upon the waters of this state or law-enforcement vessels of the United States

authorized by federal law or regulations.
KRS § 533.251 — KY Code / Title L / Chapter 533 / Section 533.251
533.251 Pretrial diversion program for felony drug offender and felony offender with a history of substance abuse
Status: in_force

533.251 Pretrial diversion program for felony drug offender and felony offender

with a history of substance abuse.

(1) Every pretrial diversion program shall set as a condition precedent for entry into the

program that any defendant charged with a Class D felony offense under KRS

Chapter 218A and any defendant charged with a Class D felony offense whose

criminal, medical, or mental health record indicates a present need for or benefit

from substance abuse treatment participate in and demonstrate suitable compliance

with the terms of a secular or faith-based substance abuse treatment or recovery

program if space is available in a treatment or recovery program suitable for that

defendant. The substance abuse treatment or recovery program shall be appropriate

to the defendant's needs, and may include commitment to an intensive outpatient

program, a residential substance abuse treatment or recovery facility, or the

intensive secured drug abuse treatment program developed under KRS 196.285.

Consideration may be given, in whole or in part, to a defendant's participation in

drug monitoring or a substance abuse treatment or recovery plan ordered under KRS

431.518 as evidence of suitable compliance under this section.

(2) The court may waive compliance with subsection (1) of this section if the defendant

can show that exigent circumstances exist sufficient to justify diversion program

participation without a prior demonstration of treatment compliance.

(3) The court may continue in effect any nonfinancial conditions of pretrial release

imposed under KRS 431.520 or 431.525 and may hold the case in abeyance during

the period of time the defendant is attempting treatment or recovery prior to

diversion under subsection (1) of this section.

(4) The court may allow a person charged with a Class C felony to participate in a

secular or faith-based substance abuse treatment or recovery program under

subsection (1) of this section or obtain a waiver under subsection (2) of this section.

If the person is successful in the program or is waived, the person shall be eligible

for entry into the pretrial diversion program under the same terms, conditions, and

limitations as a Class D felon.
KRS § 531.105 — KY Code / Title L / Chapter 531 / Section 531.105
531.105 Application of KRS 531.100
Status: in_force

531.105 Application of KRS 531.100.

The provisions of KRS 531.100 shall not apply to the transference of prohibited images

by a telephone company, a cable television company or any of its affiliates, an Internet

provider, or a commercial on-line service provider, or to the carrying, broadcasting, or

performing of related activities in providing telephone, cable television, Internet, or

commercial on-line services.