FrankGoortani/open-us-law huggingface dataset:
KRS § 381.750 — KY Code / Title XXXII / Chapter 381 / Section 381.750
381.750 Judgment -- Removal of bodies and monuments
Status: in_force

381.750 Judgment -- Removal of bodies and monuments.

If no claim is made within thirty (30) days after the last advertisement, or if claims have

been made and compensation duly paid either to the claimants or into court, the court

shall declare the cemetery to be abandoned and enter judgment accordingly, vesting fee

simple title in the complainant. Thereafter claimants shall have thirty (30) days in which

to remove the mortal remains and monuments from lots to which they have been

adjudged to have claim, the reasonable cost thereof to be paid by the claimant. If, within

thirty (30) days after entry of judgment said remains have not been removed by the

claimants thereto, it shall be the duty of such complainant, through its proper officers, to

pay for the removal of the monument and the disinterment, removal, and the reinterment

of such body, or bodies, in such other cemetery in the county in which said city is located

as the protesting lot owner may designate, or if no designation be made, to another

suitable cemetery in the county.
KRS § 386.468 — KY Code / Title XXXIII / Chapter 386 / Section 386.468
386.468 Distribution from trust or estate
Status: in_force

386.468 Distribution from trust or estate.

A trustee shall allocate to income an amount received as a distribution of income from a

trust or an estate in which the trust has an interest other than a purchased interest, and

shall allocate to principal an amount received as a distribution of principal from such a

trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a

decedent or donor transfers an interest in such a trust to a trustee, KRS 386.466 applies to

a receipt from the trust.
KRS § 74.240 — KY Code / Title IX / Chapter 74 / Section 74.240
74.240 Record of expenses to be kept -- Apportionment of expenses -- Financial report to consumers -- Books to be open for inspection
Status: in_force

74.240 Record of expenses to be kept -- Apportionment of expenses -- Financial

report to consumers -- Books to be open for inspection.

(1) The commission shall keep an account of the time spent by all employees, and each

item of expense incurred in connection with any water district, and shall charge

such account to the district for which the expense was incurred. Where the time or

work is upon more than one (1) district at the same time, it shall be apportioned

between the districts. In the event any compensation fixed by the commission for

any employee is on a salary basis, such salary shall be equitably apportioned

between the districts by the commission.

(2) The commission shall be required to prepare and make available, to the consumers

of the water supplied by any water district, an annual statement of receipts and

disbursements; and any floating or bonded indebtedness. This report shall show the

cost of water, material, labor, other salaries and any other expenses incidental to the

operation and maintenance.

(3) All books of the commission shall be open for public inspection during normal

business hours.
KRS § 455.190 — KY Code / Title XLII / Chapter 455 / Section 455.190
455.190 Judicial review of application for warrant authorizing entry without notice
Status: in_force

455.190 Judicial review of application for warrant authorizing entry without

notice.

A judge shall carefully review any application for a warrant pursuant to KRS 455.180 as a

neutral and detached magistrate. Failure to act as a neutral and detached magistrate may

be referred to the Judicial Conduct Commission.
KRS § 107.060 — KY Code / Title IX / Chapter 107 / Section 107.060
107.060 Action by aggrieved property owner
Status: in_force

107.060 Action by aggrieved property owner.

(1) Any owner of property to be benefited by the proposed project, including

wastewater collection projects undertaken by metropolitan sewer districts may,

within thirty (30) days after passage and publication of the second ordinance:

(a) File an action in the Circuit Court of the county in which the city is situated

(or, if the city be situated in more than one county, in the Circuit Court of any

such county) seeking relief by declaratory judgment, injunction, or otherwise;

or

(b) File in the office of the city clerk a written, notarized statement of intent to file

such an action, indorsed by a licensed attorney at law to the effect that, in his

opinion, his client has a reasonable and legitimate probable cause for such

proposed litigation, in which event the time for filing such action shall be

extended for fifteen (15) days after the date such statement is filed.

(2) In the event of either (a) or (b), above, all proceedings of the city with respect to the

proposed project shall be abated until final judicial determination of the

controversies presented thereby. In the absence of action by any owner of property

proposed to be benefited, as herein provided, the provisions of the second ordinance

shall be final and binding. After the lapse of time as herein provided, all actions by

owners of properties to be benefited shall be forever barred.
KRS § 143A.033 — KY Code / Title XI / Chapter 143A / Section 143A.033
143A.033 Credit for production from recovered inactive natural gas well
Status: in_force

143A.033 Credit for production from recovered inactive natural gas well.

(1) As used in this section, "recovered inactive well" means a well that has been

inactive for a consecutive two (2) year period or a well that has been plugged and

abandoned, as determined by the Energy and Environment Cabinet, Division of Oil

and Gas, and that resumes producing natural gas.

(2) Every taxpayer engaged in severing or processing natural gas within this

Commonwealth shall be allowed a credit against the tax imposed under KRS

143A.020 equal to four and one-half percent (4.5%) of the gross value of natural

gas that is produced from a recovered inactive well.
KRS § 156.500 — KY Code / Title XIII / Chapter 156 / Section 156.500
156.500 Appointments to reflect reasonable minority representation
Status: in_force

156.500 Appointments to reflect reasonable minority representation.

The General Assembly directs that appointments made by the appointing authority to

every board, commission, council or other type of advisory or decision-making body

created or reenacted by the Education Reform Act of 1990 reflect reasonable minority

representation of the membership and that active minority participation at every level of

implementation be continually encouraged.
KRS § 100.275 — KY Code / Title IX / Chapter 100 / Section 100.275
100.275 Subdivision plats and development plans -- Local ordinances, rules, and regulations -- Requirements
Status: in_force

100.275 Subdivision plats and development plans -- Local ordinances, rules, and

regulations -- Requirements.

(1) Except as provided in subsection (2) of this section, the ordinances, rules, and

regulations adopted pursuant to this chapter governing subdivision plats and

development plans shall be in the form of objective standards that shall be applied

ministerially.

(2) Ordinances, rules, and regulations governing development plans may allow for

discretion to be applied by the approving authority in circumstances where:

(a) An applicant seeks a deviation from the established objective standards; or

(b) The approving authority determines, based on substantial evidence, that a

strict ministerial application of the established objective standards would pose

a specific threat to public health, safety, or welfare in the affected area.
KRS § 220.090 — KY Code / Title XVIII / Chapter 220 / Section 220.090
220.090 Publication of application to create district
Status: in_force

220.090 Publication of application to create district.

When sixty percent (60%) of those qualified within the boundary fixed by the

commissioner are found to have petitioned for the establishment of a sanitation district,

and the commissioner has established the boundaries thereof, the commissioner shall give

notice of the application for the creation of the district, by publication pursuant to KRS

Chapter 424.
KRS § 151.250 — KY Code / Title XII / Chapter 151 / Section 151.250
151.250 Plans for dams, levees, embankments, dikes, bridges, fill, or other obstruction to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources
Status: in_force

151.250 Plans for dams, levees, embankments, dikes, bridges, fill, or other

obstruction to be approved and permit issued by cabinet -- Jurisdiction of

Department for Natural Resources.

(1) Notwithstanding any other provision of law, no person and no city, county, or other

political subdivision of the state, including levee districts, drainage districts, flood

control districts or systems, or similar bodies, shall commence the construction,

reconstruction, relocation, or improvement of any dam, embankment, levee, dike,

bridge, fill, or other obstruction, except those constructed by the Kentucky

Transportation Cabinet, in the floodplain or floodway of any stream, unless the

plans and specifications for such work have been:

(a) Submitted by the person or political subdivision responsible for the

construction, reconstruction, or improvement; and

(b) Approved in writing by the cabinet and a permit issued.

However, the cabinet by administrative regulation may exempt those dams,

embankments, or other obstructions which are not of such size or type as to require

approval by the cabinet in the interest of safety or retention of water supply.

(2) No person, city, county, or other political subdivision of the state shall commence

the filling of, or place a building, barrier, or obstruction of any sort in, any area in

the floodplain or floodway unless plans and specifications for such work have been

submitted to and approved by the cabinet and a permit issued as required in

subsection (1) above.

(3) Nothing in this section is intended to give the cabinet any jurisdiction or control

over the construction, reconstruction, improvement, enlargement, maintenance, or

operation of any drainage district, ditch, or system established for agricultural

purposes. However, the cabinet may require approval prior to construction of

structures, dams, embankments, levees, bridges, fill, or other construction related to

agricultural operations that impact the base flood of a stream.

(4) The Department for Natural Resources through KRS Chapter 350 shall have

exclusive jurisdiction over KRS Chapter 151 concerning the regulation of dams,

levees, embankments, dikes, bridges, fills, or other obstructions across or along any

stream or in the floodway of any stream which structures are permitted under KRS

Chapter 350 for surface coal mining operations.
KRS § 202A.131 — KY Code / Title XVII / Chapter 202A / Section 202A.131
202A.131 Right to be present
Status: in_force

202A.131 Right to be present.

The respondent shall be present at all hearings unless the respondent and his attorney

intelligently waive respondent's right to be present, or unless the court makes a specific

finding after the respondent has been brought to the place of the hearing that the

respondent should be removed from the hearing because his conduct is so disruptive that

the proceedings cannot continue in any reasonable manner.
KRS § 205.6338 — KY Code / Title XVII / Chapter 205 / Section 205.6338
205.6338 Implementation of pilot projects to provide health care to frail elderly Medicaid-eligible individuals
Status: in_force

205.6338 Implementation of pilot projects to provide health care to frail elderly

Medicaid-eligible individuals.

(1) Within one (1) year of obtaining necessary waivers from the Federal Health Care

Financing Administration, the Secretary of the Cabinet for Health Services shall

take all necessary steps to implement from one (1) to three (3) pilot projects to

provide health-care services to frail elderly Medicaid-eligible individuals through

fully integrated managed-care systems for the elderly similar to the Program of All-

Inclusive Care for the Elderly (PACE) program currently being replicated on a

national basis with the approval of Congress.

(2) Within ninety (90) days of July 15, 1994, the Secretary of the Cabinet for Health

Services shall request the appropriate waivers from the Federal Health Care

Financing Administration to implement a PACE program or a similar program in

Kentucky.
KRS § 171.805 — KY Code / Title XIV / Chapter 171 / Section 171.805
171.805 Purpose of commission -- Duties and functions
Status: in_force

171.805 Purpose of commission -- Duties and functions.

(1) The Kentucky African-American Heritage Commission shall be dedicated to the

preservation and protection of all meaningful vestiges of Kentucky's African-

American heritage.

(2) The duties and functions of the commission shall be to:

(a) Advise the secretary of the Tourism, Arts and Heritage Cabinet and agencies

within the cabinet on matters relating to African-American heritage;

(b) Encourage other public and private agencies within the areas of the arts, the

humanities, and the sciences to incorporate the African-American influence

when developing programs on the history and heritage of Kentucky;

(c) Represent a network of groups and individuals interested or involved in

promoting awareness of African-American heritage in Kentucky;

(d) Advocate the preservation, conservation, and interpretation of significant

buildings, sites, neighborhoods, documents, artifacts, and lifeways that

represent and embody African-American heritage;

(e) Recognize and sanction projects which advance wider knowledge of African-

Americans' impact on life in Kentucky; and

(f) Coordinate an initiative to protect, preserve, and promote the history of the

Underground Railroad in Kentucky, in accordance with KRS 171.812.
KRS § 434.340 — KY Code / Title XL / Chapter 434 / Section 434.340
434.340 Liability of officer, manager, agent, or employee of broker
Status: in_force

434.340 Liability of officer, manager, agent, or employee of broker.

Every member of a firm of brokers and every officer, manager, agent, or employee of a

broker, who knowingly does consent to the doing of any act prohibited by KRS 434.320

or 434.330 shall be guilty of a Class D felony.
KRS § 424.290 — KY Code / Title XXXVIII / Chapter 424 / Section 424.290
424.290 Publication of ballots and supplementary material
Status: in_force

424.290 Publication of ballots and supplementary material.

(1) Not less than three (3) days before any primary or regular election the county clerk

shall cause to be published in a newspaper a copy of the ballots or supplementary

material on which appear the names of candidates or issues to be voted upon.

Where the lists of candidates or issues to be voted upon differ for various precincts

within the county, the county clerk shall cause to be published only one (1) set of

data with appropriate notations showing the differences in the various precincts. If

supplemental paper ballots have been approved as provided in KRS 118.215, the

supplemental paper ballot shall be published at the same time as other material

required to be published by this subsection. The cost of publication shall be paid by

the county, except that the cost of publishing any voting data required to be

published by this subsection that is limited to a city election or a district election

other than a school district election shall be paid by the city or the district as the

case may be.

(2) "Copy," as used in subsection (1) of this section, means a summary of candidates

and issues to be voted upon showing all the pertinent information that will appear,

upon which the voters will cast their votes at a particular polling place.
KRS § 279.450 — KY Code / Title XXIV / Chapter 279 / Section 279.450
279.450 Merger
Status: in_force

279.450 Merger.

(1) Any one (1) or more cooperatives (each of which is hereinafter designated a

"merging cooperative") may merge into another cooperative (hereinafter designated

the "surviving cooperative"), by complying with the following requirements of this

section.

(2) The proposition for the merger of the merging cooperatives into the surviving

cooperative and proposed articles of merger to give effect thereto shall be submitted

to a meeting of the members of each merging cooperative and of the surviving

cooperative, the notice of which shall have attached thereto a copy of the proposed

articles of merger.

(3) If the proposed merger and the proposed articles of merger, with any amendments,

are approved by the affirmative vote of not less than two-thirds (2/3) of those

members of each cooperative voting thereon at each such meeting, articles of

merger in the form approved shall be executed and acknowledged on behalf of each

such cooperative by its president or vice president and its seal shall be affixed

thereto and attested by its secretary. The articles of merger shall recite that they are

executed pursuant to this section and shall state:

(a) The name of each merging cooperative and the address of its principal office;

(b) The name of the surviving cooperative and the address of its principal office;

(c) A statement that each merging cooperative and the surviving cooperative

agree to the merger;

(d) The names and addresses of the trustees of the surviving cooperative; and

(e) The terms and conditions of the merger and the mode of carrying the same

into effect, including the manner in which members, if any, of the merging

cooperative may or shall become members and shareholders, respectively, of

the surviving cooperative, and may contain any provisions not inconsistent

with KRS 279.310 to 279.600 deemed necessary or advisable for the conduct

of the business of the surviving cooperative.

(4) The president or vice president of each cooperative executing such articles of

merger shall make and annex thereto an affidavit stating that the provisions of this

section in respect of such articles were duly complied with by such cooperative.
KRS § 120.360 — KY Code / Title X / Chapter 120 / Section 120.360
120.360 Prohibition of agreement by candidate not to contest election
Status: in_force

120.360 Prohibition of agreement by candidate not to contest election.

It shall be unlawful for any candidate in any primary or general election to agree not to

file a suit contesting the election, or to agree to dismiss or cease prosecuting such suit

after it has been filed, in consideration of the payment or promise to pay to him, or to any

other person, of any money, deputyship, clerkship, employment, or anything of value by

such successful candidate or by any other person. Any person who violates this section

shall be ineligible thereafter to hold, or become a candidate for nomination or election to,

any public office in this state, or to have his name printed on any official ballot in a

primary or general election. Any qualified voter may maintain an action to enjoin the

printing of the name of a person upon the official ballots for any primary or general

election, on the ground that such person has violated this section, and in such action the

violation may be proved by parol evidence.
KRS § 210.330 — KY Code / Title XVIII / Chapter 210 / Section 210.330
210.330 Employment of attorney -- Cost of litigation -- Limitation of action
Status: in_force

210.330 Employment of attorney -- Cost of litigation -- Limitation of action.

(1) The cabinet may employ counsel, upon the advice and approval of the Attorney

General, to institute or defend such actions or proceedings as it deems necessary or

proper to enforce the payment or reimbursement for board and maintenance of

patients. In case of failure of suits, the expense thereof shall be certified by the

secretary of the Finance and Administration Cabinet which shall provide for its

payment out of the funds appropriated for the use of the cabinet.

(2) The statute of limitation providing the time in which actions for such recovery may

be instituted shall not run against recovery provided for in this chapter until from

and after the time at which the estate is acquired.
KRS § 65.112 — KY Code / Title IX / Chapter 65 / Section 65.112
65.112 Compensation for sewage treatment utility property -- Eminent domain -- Surcharge to customers
Status: in_force

65.112 Compensation for sewage treatment utility property -- Eminent domain --

Surcharge to customers.

(1) The provisions of any other law, rule, or regulation notwithstanding, if any city,

county, public body corporate or politic, or special district or subdistrict furnishes or

proposes to furnish sewage treatment utility services to customers of another

sewage treatment utility by means of all or any part of the installations owned or

paid for by that other sewage treatment utility, then the city, county, public body,

district, or subdistrict taking over or proposing to take over the customers shall pay

just compensation for these installations prior to the time the customers are taken

over. If an agreement for compensation is not reached, then just compensation for

the installations shall be payable by the city, county, public body, district, or

subdistrict after condemnation as provided for in the Eminent Domain Act of

Kentucky.

(2) There is hereby granted to any city, county, public body corporate or politic, or

special district or subdistrict the power of eminent domain with respect to sewage

treatment plants, facilities, and installations owned by sewage treatment utilities.

This power of eminent domain shall be exercisable in the manner prescribed by the

Eminent Domain Act of Kentucky.

(3) Any city, county, public body corporate or politic, or special district or subdistrict

shall be entitled to surcharge customers so as to recover the amount of

compensation paid for installations acquired under this section by agreement or

condemnation.
KRS § 211.240 — KY Code / Title XVIII / Chapter 211 / Section 211.240
211.240 Duties of Attorney General, county, and Commonwealth's attorneys
Status: in_force

211.240 Duties of Attorney General, county, and Commonwealth's attorneys.

County, Commonwealth's attorneys, and the Attorney General, shall, within their

respective jurisdictions, prosecute all violations of the penal provisions of the public

health laws of this Commonwealth.
KRS § 149.660 — KY Code / Title XII / Chapter 149 / Section 149.660
149.660 Cooperation with other agencies
Status: in_force

149.660 Cooperation with other agencies.

The secretary for energy and environment may cooperate with the federal government or

agencies thereof, other agencies of the Commonwealth, county or municipal

governments, agencies of neighboring states, or other public or private organizations, or

individuals and may accept such funds, equipment, supplies or services from cooperators

and others as may be deemed appropriate. The secretary may provide in agreements with

the federal government or its agencies for matching of federal funds as required under

federal laws relating to forest pests.
KRS § 138.185 — KY Code / Title XI / Chapter 138 / Section 138.185
138.185 Civil penalties for violation of KRS 138.130 to 138.205
Status: in_force

138.185 Civil penalties for violation of KRS 138.130 to 138.205.

Any person who violates any provision of KRS 138.130 to 138.205 shall be subject to the

uniform civil penalties imposed pursuant to KRS 131.180 and interest at the tax interest

rate as defined in KRS 131.010(6) from the date due until the date of payment.