FrankGoortani/open-us-law huggingface dataset:
KRS § 387.690 — KY Code / Title XXXIII / Chapter 387 / Section 387.690
387.690 Specific duties of limited conservator or conservator
Status: in_force

387.690 Specific duties of limited conservator or conservator.

(1) A limited conservator or conservator shall expend or distribute, or authorize the

expenditure or distribution of, or assist in the expenditure or distribution of, the

principal or income from the financial resources placed under his supervision and

control to assure that:

(a) The essential requirements for the physical health or safety of the ward are

met;

(b) The rights of the ward are protected;

(c) The financial resources of the ward which are subject to the conservatorship

are prudently managed;

(d) The ward has the opportunity to develop or regain the capacity to perform the

functions listed in paragraphs (a), (b), and (c) of subsection (2) of KRS

387.680; and

(e) The limited guardian or guardian for the ward, if any, is able to carry out the

duties and powers assigned to him by the court.

(2) In performing his duties, the limited conservator or conservator shall consider:

(a) The size of the financial resources under the limited conservator's or

conservator's supervision or control;

(b) The probable duration of the conservatorship;

(c) The likelihood that the ward may be able to manage his financial resources in

the future;

(d) The accustomed standard of living of the ward;

(e) Other funds or resources used for the support of the ward which have not been

placed under the control or supervision of the limited conservator or

conservator; and

(f) The requests of the ward and the ward's limited guardian or guardian, if any.

(3) In addition to the duties and powers listed in subsection (1) of this section, the court

may assign to a limited conservator any of the duties and powers listed in KRS

387.700 which the partially disabled person lacks the ability to perform.
KRS § 146.500 — KY Code / Title XII / Chapter 146 / Section 146.500
146.500 Tax assessments
Status: in_force

146.500 Tax assessments.

Where an interest in real property less than fee simple is dedicated for the purposes of

KRS 146.410 to 146.530, assessments made on the property for taxation shall reflect any

change in the market value of the property which may result from the interest so

dedicated. The value of the interest so dedicated shall be exempt from property taxation.
KRS § 175.690 — KY Code / Title XV / Chapter 175 / Section 175.690
175.690 Use of funds
Status: in_force

175.690 Use of funds.

All funds credited to the state transportation fund (road fund), from severance tax

collection, shall be used for the purposes of paying the annual lease rental payments to the

Kentucky Turnpike Authority for resource recovery road projects. Any funds deposited to

the credit of the transportation fund (road fund) in excess of the amount required for the

annual lease payments shall revert at the close of the fiscal year to the credit of the

general fund.
KRS § 236.150 — KY Code / Title XIX / Chapter 236 / Section 236.150
236.150 Appeal to commissioner -- Judicial review
Status: in_force

236.150 Appeal to commissioner -- Judicial review.

(1) Any person aggrieved by an order or act of a boiler inspector, under this chapter,

may, within fifteen (15) days of notice thereof, appeal from the order or act to the

commissioner who shall schedule and conduct an administrative hearing in

accordance with KRS Chapter 13B.

(2) Any person aggrieved by a final order of the commissioner may file a petition in the

Franklin Circuit Court for judicial review in accordance with KRS Chapter 13B.
KRS § 232.031 — KY Code / Title XIX / Chapter 232 / Section 232.031
232.031 Revocation of license -- Grounds
Status: in_force

232.031 Revocation of license -- Grounds.

A license to operate a nudist society may be revoked by order of the county

judge/executive at any time, following a hearing upon reasonable notice to the licensee

and a finding by the county judge/executive that:

(1) The activities of the nudist society are not being effectively concealed from the

ordinary view of the public, or

(2) The activities of the nudist society are not sufficiently isolated from the public, or

sufficient precautions are not being taken to exclude the presence of nonmembers,

or

(3) The nudist society is not being operated in accordance with the purpose for which it

was licensed, or

(4) The owner or operator has been convicted of a felony, or a misdemeanor involving

disorder or breach of the peace arising out of the operation of the nudist society.
KRS § 70.325 — KY Code / Title IX / Chapter 70 / Section 70.325
70.325 Powers and duties of constable
Status: in_force

70.325 Powers and duties of constable.

(1) Except as provided in subsection (2) of this section, for any constable or deputy

constable taking office after January 1, 2023, who was not a constable or deputy

constable in the preceding four (4) year term of office, the powers and duties of the

office of constable shall not include the general powers of a peace officer or police

officer. The powers and duties of the office of constable shall include:

(a) The specific powers and duties enumerated in this chapter;

(b) The power to distrain for his or her fees or for that of other officers as

provided in KRS 64.400;

(c) The power to take necessary steps to stop, prevent, or bring under control any

dog found chasing or molesting wild elk or deer at any time as provided in

KRS 150.390;

(d) The power, in a county containing a city of the first class, to serve all forms of

legal process in any child support action as provided in KRS 15.856;

(e) The power to sell property to satisfy a lien created by a taker-up of boats,

rafts, platforms, or timber as provided in KRS 364.020;

(f) The power to serve a warrant to levy and seize upon the baggage and other

personal property of a guest for unpaid services to the keeper of a hotel, inn,

boarding house, or house of private entertainment as provided in KRS

376.350;

(g) The power to enforce a lien for the care of livestock as provided in KRS

376.410;

(h) The power to execute a warrant in actions regarding forcible entry or detainers

as provided in KRS 383.210 and 383.245;

(i) The power to serve subpoenas issued by the Parole Board as provided in KRS

439.390; and

(j) The power to take up vagrants, kill mad dogs, kill and bury a distempered

horse, ass, or mule, kill and bury cattle, and alter a stud, jackass, or bull as

provided in KRS 64.190.

(2) After January 1, 2023, no constable who is elected for the first time or a deputy

constable appointed pursuant to KRS 70.320 shall be granted the powers generally

applicable to peace officers and police officers unless the individual has been

certified and maintains his or her certification pursuant to KRS 15.380.
KRS § 281A.230 — KY Code / Title XXIV / Chapter 281A / Section 281A.230
281A.230 Preliminary breath test -- Field sobriety test
Status: in_force

281A.230 Preliminary breath test -- Field sobriety test.

(1) Law enforcement agencies may administer preliminary breath tests using devices or

equipment which shall ensure an accurate determination of alcohol concentration.

The tests may be administered in the field to a person suspected of operating a

commercial vehicle in violation of KRS 281A.210 before the person is arrested.

These tests may be administered in addition to any other blood alcohol level test

authorized by law. A person's refusal to take a preliminary breath test shall not be

used against him in a court of law nor in any administrative proceeding for a license

suspension. This preliminary test shall not be in lieu of any requested blood, urine,

or breath test required by any other statute.

(2) Law enforcement agencies may record on film or video tape or by other visual or

audible means field sobriety tests administered at the scene of an arrest for violation

of KRS 281A.210 or such tests at a police station, jail, or other suitable facility.
KRS § 199.800 — KY Code / Title XVII / Chapter 199 / Section 199.800
199.800 Definitions for KRS 199.800 to 199.801
Status: in_force

199.800 Definitions for KRS 199.800 to 199.801.

For the purposes of KRS 199.800 to 199.801:

(1) "Department" means the Department for Community Based Services;

(2) "Home county" means the county in which the child's natural parents, adoptive

parents, or guardian reside. If the parents are divorced, the home county is the

county of residence of the parent with legal custody. If the child is committed, the

home county is the county of original commitment or case responsibility;

(3) "Home region" means the Department for Community Based Services region in

which the child's home county is located;

(4) "Type of placement" means the living arrangement, including family foster home,

child-caring facility, or other residential alternative that is deemed appropriate for a

child as determined by the department; and

(5) "Unmet need" means the type of facility or placement needed to serve the child's

needs which is unavailable at the time placement is being sought for the child.
KRS § 382.270 — KY Code / Title XXXII / Chapter 382 / Section 382.270
382.270 Instruments not valid against purchasers or creditors unless acknowledged or proved -- Exemption for instruments otherwise lodged for record
Status: in_force

382.270 Instruments not valid against purchasers or creditors unless acknowledged

or proved -- Exemption for instruments otherwise lodged for record.

(1) Except as otherwise provided in KRS 382.285, no deed or deed of trust or mortgage

conveying a legal or equitable title to real property shall be lodged for record and,

thus, valid against a purchaser for a valuable consideration, without notice thereof,

or against creditors, until such deed or mortgage is acknowledged or proved

according to law. However, if a deed or deed of trust or mortgage conveying a legal

or equitable title to real property is not so acknowledged or proved according to

law, but is or has been otherwise lodged for record, such deed or deed of trust or

mortgage conveying a legal or equitable title to real property or creating a mortgage

lien on real property shall be deemed to be validly lodged for record for purposes of

KRS Chapter 382, and all interested parties shall be on constructive notice of the

contents thereof.

(2) As used in this section, "creditors" includes all creditors irrespective of whether or

not they have acquired a lien by legal or equitable proceedings or by voluntary

conveyance.
KRS § 405.028 — KY Code / Title XXXV / Chapter 405 / Section 405.028
405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation
Status: in_force

405.028 Custody, visitation, and inheritance rights denied parent convicted of a

felony sexual offense from which victim delivered a child -- Waiver -- Child

support obligation.

(1) Except as provided in subsection (2) of this section, any person who has been

convicted of a felony offense under KRS Chapter 510, or a comparable offense

from another jurisdiction, in which the victim of that offense has conceived and

delivered a child, shall not have custody or visitation rights, or the right of

inheritance under KRS Chapter 391 with respect to that child.

(2) The adult mother of the child may waive the protection afforded under subsection

(1) of this section regarding visitation and request that the court grant reasonable

visitation rights with the child if paternity has been acknowledged.

(3) Unless waived by the mother, or a guardian of a minor mother or a de facto

custodian of the child in the case of a minor mother, and, if applicable, the public

agency substantially contributing to the support of the child, a court shall establish a

child support obligation against the father of the child pursuant to KRS 403.211. As

used in this subsection, "de facto custodian" has the same meaning as in KRS

403.270.
KRS § 148.021 — KY Code / Title XII / Chapter 148 / Section 148.021
148.021 Functions, powers, duties of department
Status: in_force

148.021 Functions, powers, duties of department.

(1) The Department of Parks shall exercise all administrative functions of the state

relating to the operation of state parks, shrines, monuments, and museums except

those allocated to the historical society.

(2) The department may request acquisition, subject to the provisions of KRS Chapters

42, 45, 45A, 56, and the provisions made in this chapter, of lands by purchase,

lease, or otherwise, on which to operate state parks.

(3) The department may improve said parks by constructing and equipping

improvements or facilities in said parks.

(4) The department may operate said parks, fix fees and charges for the use of said

parks and the improvements and facilities constructed therein, and provide for the

collection of said fees and charges and the proper accounting therefor, except that:

(a) The department shall not impose boat launching fees at any boat ramp over

which it has authority and control; and

(b) The department shall not allow, grant permission to, or permit any individual,

sole proprietorship, partnership, corporation, limited liability company, or

other form of business arrangement to which the department has granted a

rental or leasehold interest or has engaged to manage or operate facilities that

include a public boat launching ramp, to charge a boat launching fee at any

boat ramp.

(5) The Department of Parks is authorized to enter into any agreement with the Breaks

Interstate Park Commission for the operation of any facilities in the Breaks

Interstate Park.

(6) The Department of Parks is authorized to accept, for deposit in a trust and agency

fund account in accordance with KRS 45.253, on behalf of the state any grant or

contribution, federal or otherwise, to assist in meeting the cost of carrying out the

functions assigned to the Department of Parks.

(7) Notwithstanding any provision in KRS Chapter 41, 45, 45A, or 47 to the contrary,

there may be established separate cash funds and depositories at each state park

from which immediate payment of refunds may be made to a patron or guest of

such state park of any unearned money advanced or paid by such guest or patron.

The department may accept from a guest or patron an amount which includes the

fee for the service rendered plus a gratuity for the waitress or other designated

person and remit the gratuity directly from the depository or cash fund to the

designated recipient thereof. Such funds or depositories shall be governed by

regulations established by the Department of Parks and approved by the Finance

and Administration Cabinet.

(8) The commissioner may promulgate administrative regulations in accordance with

provisions of KRS Chapter 13A in order to carry out the provisions of this section.
KRS § 416.110 — KY Code / Title XXXVII / Chapter 416 / Section 416.110
416.110 Condemnation by fiscal court for road purposes
Status: in_force

416.110 Condemnation by fiscal court for road purposes.

(1) When any fiscal court desires to condemn land under the authority of KRS 178.120,

it shall adopt a resolution ordering the condemnation of the required land. The

resolution shall set forth the facts contemplated by KRS 178.120, give a general

description of the land, and the name of the owner if known, and shall direct the

county attorney to institute the proceedings.

(2) The county attorney shall file the petition for condemnation in the Circuit Court in

the name of the county, and shall attach to the petition as an exhibit a certified copy

of the resolution of the fiscal court. The resolution shall be prima facie evidence of

the public use and necessity for the condemnation. Thereafter the proceedings shall

be as provided in the Eminent Domain Act of Kentucky.
KRS § 322.330 — KY Code / Title XXVI / Chapter 322 / Section 322.330
322.330 Duties of secretary-treasurer
Status: in_force

322.330 Duties of secretary-treasurer.

The secretary-treasurer, or any other officer or designee properly authorized by the board,

shall:

(1) Receive and account for all money collected under this chapter and pay it into the

State Treasury; and

(2) Provide in an electronic format on the board's Web site a roster showing the names

and addresses of all professional engineers, professional land surveyors, and

business entities holding permits to practice engineering or land surveying in this

state.
KRS § 76.252 — KY Code / Title IX / Chapter 76 / Section 76.252
76.252 Priority of construction subdistrict assessment liens -- Enforcement
Status: in_force

76.252 Priority of construction subdistrict assessment liens -- Enforcement.

(1) Assessment liens imposed by KRS 76.005 to 76.295 are prior to all other liens

except liens for taxes and other assessment liens already attached.

(2) Assessment liens may be enforced pursuant to KRS 426.005 and 426.006.
KRS § 381.905 — KY Code / Title XXXII / Chapter 381 / Section 381.905
381.905 Interpretation of KRS 381.805 to 381.910
Status: in_force

381.905 Interpretation of KRS 381.805 to 381.910.

The provisions of KRS 381.805 to 381.910 shall be in addition to and supplemental to all

other provisions of the Kentucky Revised Statutes, provided that wherever the application

of the provisions of KRS 381.805 to 381.910 conflict with the application of such other

provisions, KRS 381.805 to 381.910 shall prevail.
KRS § 315.320 — KY Code / Title XXVI / Chapter 315 / Section 315.320
315.320 Illegal operation of out-of-state pharmacy -- Exemption for lapsed license or permit -- Penalty -- Exceptions from section
Status: in_force

315.320 Illegal operation of out-of-state pharmacy -- Exemption for lapsed license

or permit -- Penalty -- Exceptions from section.

(1) A person or pharmacy is guilty of a Class C felony if the person or pharmacy,

located inside or outside this Commonwealth, is not licensed by the Commonwealth

of Kentucky to engage in the practice of pharmacy and knowingly:

(a) Communicates with a person in this Commonwealth; and

(b) Uses or attempts to use such communication or information, in whole, or in

part, to:

1. Fill or refill a prescription for a prescription drug for the other person; or

2. Deliver, cause, allow, or aid in the delivery of a controlled substance,

imitation controlled substance, counterfeit substance or prescription

drug to the other person.

(2) A person or pharmacy is guilty of a Class B felony if the substance or drug

dispensed in subsection (1) of this section:

(a) Is classified in Schedule I; or

(b) Proximately causes serious physical injury or the death of the intended

recipient of the substance or drug or any other person.

(3) The court shall not grant probation to or suspend the sentence of a person punished

pursuant to subsection (2) of this section.

(4) A person who knowingly aids another in any act or transaction that violates the

provisions of subsection (1) of this section is guilty of a Class C felony.

(5) A person who knowingly aids another in any act or transaction that violates the

provisions of subsection (2) of this section is guilty of a Class B felony.

(6) A person or pharmacy may be prosecuted, convicted, and punished for a violation

of this section whether or not the person is prosecuted, convicted, or punished for a

violation of any other statute based upon the same act or transaction.

(7) This section shall not apply to a licensed pharmacist or permitted pharmacy that

inadvertently allows its license or permit issued by the Kentucky Board of

Pharmacy to lapse for a period of less than thirty (30) days.

(8) This section shall not apply to authorized agents of a pharmacy with a valid permit

issued by the Kentucky Board of Pharmacy.

(9) This section shall not apply to an authorized agent of a pharmacy that inadvertently

allows its permit issued by the Kentucky Board of Pharmacy, to lapse for a period

of less than thirty (30) days.

(10) Unless a more specific penalty applies within this chapter, anyone who uses the

Internet to communicate and facilitate the sale of controlled substances, except as

specifically provided for in this chapter, may be prosecuted under KRS Chapter

218A.
KRS § 426.300 — KY Code / Title XXXIX / Chapter 426 / Section 426.300
426.300 Specific property -- Execution on judgment for
Status: in_force

426.300 Specific property -- Execution on judgment for.

(1) If a judgment is recovered for a specific thing, the plaintiff may have an execution

issued thereon, commanding the proper officer to seize the property, and deliver it

to the plaintiff. The plaintiff may, if he so elect, take an execution for the assessed

value of the property recovered. In either case, the execution shall embrace the

damages assessed for the detention and costs.

(2) The court may, upon satisfactory proof that the property recovered has perished, or

that, without the fault of the defendant, it is out of his power to produce it, order the

plaintiff to receive the assessed value in lieu of the property.
KRS § 65.2006 — KY Code / Title IX / Chapter 65 / Section 65.2006
65.2006 Judgments affected
Status: in_force

65.2006 Judgments affected.

KRS 65.200 to 65.2006 shall apply to all actions in tort in which money damages have

not been adjudged as of July 15, 1988.
KRS § 158.812 — KY Code / Title XIII / Chapter 158 / Section 158.812
158.812 Legislative intent, findings, and declarations
Status: in_force

158.812 Legislative intent, findings, and declarations.

(1) It is the intent of the General Assembly to provide rigorous academic and career and

technical education programs that are relevant for all students and that encourage at-

risk students to graduate from high school prepared to enter postsecondary

education institutions or the workforce with needed skills.

(2) The purposes of elementary and secondary education programs of career and

technical education are to:

(a) Provide students opportunities to understand the relevance of and master

academic skills in mathematics, science, English, reading, and

communications as well as technical literacy in broad-based career fields;

(b) Provide students a variety of opportunities to master the usage of technology;

(c) Prepare individuals with specialized, transferable academic skills and

technical skills for gainful employment in broad-based career fields; and

(d) Assist individuals in making successful transitions from school to work, to

postsecondary education, to the military, or from one (1) career to another.

(3) The General Assembly acknowledges that:

(a) Rigorous, relevant, and high-quality career and technical education offers

students an opportunity to develop skills in mathematics, science, English,

reading, communication, problem-solving, and technology, and in career and

technical areas that are essential to meet the goals for Kentucky education as

described in KRS 158.6451 and that help students achieve the capacities

required of all students as defined in KRS 158.645;

(b) Students need access to career pathway programs that meet high standards,

connect technical skills with core academic requirements for high school

students, and align with postsecondary education requirements and business

and industry needs;

(c) Students can accelerate their overall scholastic achievement when given an

opportunity to learn in an integrated school- and work-based environment;

(d) Students are less likely to drop out of school when they are making academic

progress and see relevance in the program of study to their future potential for

success; and

(e) The General Assembly has a responsibility to provide the resources that

recognize the increased costs for offering high-quality, relevant career and

technical education programs.