FrankGoortani/open-us-law huggingface dataset:
KRS § 214.458 — KY Code / Title XVIII / Chapter 214 / Section 214.458
214.458 Blood for transfusion -- Labeling -- Data retention -- Destruction
Status: in_force

214.458 Blood for transfusion -- Labeling -- Data retention -- Destruction.

(1) Each unit of blood collected by a blood establishment for transfusion shall be

affixed with the United States Food and Drug Administration required label which

includes a donor identification number through which the following information can

be obtained:

(a) Date the blood was collected;

(b) Name of blood establishment;

(c) Nonidentifying code representing the name of the blood donor;

(d) A blood establishment serial number for the blood;

(e) The date of laboratory testing of the blood;

(f) The name of the person and laboratory testing the blood;

(g) The laboratory test results.

(2) Each unit of blood received by a blood establishment or health facility within the

Commonwealth from an out-of-state blood establishment shall contain a label in

accordance with the provisions of subsection (1) of this section and the blood

establishment or health facility shall either test the blood in accordance with the

requirements for blood establishments within the Commonwealth under the

provisions of KRS 214.452(2) or may accept documented evidence of the test

results as are required under subsection (1) of this section for blood collected within

the Commonwealth.

(3) Each laboratory testing blood for transfusion shall maintain for ten (10) years from

the date of testing, and each blood establishment shall maintain for ten (10) years

from the date of collection, a list containing the information set forth in subsection

(1) of this section.

(4) No blood may be transfused into any patient in any health facility or health service

or by any health care provider unless the unit of blood has affixed to it the label as

required under this section and the blood has tested negative for the human

immunodeficiency virus or any causative agent of AIDS, or any blood-borne

communicable disease as provided under KRS 214.452. When a unit of blood is

transfused, a label containing the donor identification number required under this

section shall be removed from the unit and affixed to the patient's medical chart or

the blood donor identification number for the unit of blood shall be recorded in the

patient's medical chart.

(5) Any unit of blood not containing the label required under this section shall be

destroyed by the health facility, health service, or health care provider.

(6) Any unit of blood testing confirmatory positive for an agent of a blood-borne

communicable disease and in the possession of a health facility, health service, or

health care provider may be donated to educational or scientific research institutions

for the purpose of scientific research only and not for transfusion.
KRS § 281.883 — KY Code / Title XXIV / Chapter 281 / Section 281.883
281.883 Administrative penalties -- Administrative regulations
Status: in_force

281.883 Administrative penalties -- Administrative regulations.

(1) The Department of Kentucky State Police shall by administrative regulation

establish a system of administrative penalties for safety violations. These penalties

shall be compatible with those set forth in United States Code Title 49, Section

521(b), as amended, and any federal regulations adopted pursuant thereto. The

Department of Kentucky State Police shall by administrative regulation provide an

administrative process for appealing a citation of a safety violation or the penalty

imposed because of the violation.

(2) The department shall promulgate administrative regulations to establish a procedure

for administrative citation, assessment, and appeal of the penalties in KRS 281.990

for any violation of the provisions of this chapter, or any order, rule, or

administrative regulation lawfully issued pursuant to authority granted by this

chapter. Any hearing pursuant to this subsection shall be conducted in accordance

with KRS Chapter 13B.
KRS § 135.050 — KY Code / Title XI / Chapter 135 / Section 135.050
135.050 Action by Department of Revenue to ascertain and collect taxes -- Injunction -- Attachment and garnishment
Status: in_force

135.050 Action by Department of Revenue to ascertain and collect taxes --

Injunction -- Attachment and garnishment.

(1) The commissioner of revenue shall prosecute diligently the collection of all license

fees, omitted license, inheritance, estate, income, excise or franchise taxes,

judgments or other moneys, claims or demands due the state from any person.

(2) The Department of Revenue may institute legal proceedings to ascertain the amount

of tax due under any statute imposing a license, excise or income tax in favor of the

state, and to enforce the collection of the amount due and the penalties and interest

thereon, and, in the case of a license or excise tax, to enjoin the operation of the

business of the delinquent until the tax is paid.

(3) The Department of Revenue may, at or after the commencement of an action under

subsection (2) of this section to collect the amount of license, excise or income tax

due and the penalties and interest thereon, have an attachment against the property

of the person liable for the tax or a garnishment of his debtors, without the

execution of a bond.
KRS § 141.023 — KY Code / Title XI / Chapter 141 / Section 141.023
141.023 Optional tax tables
Status: in_force

141.023 Optional tax tables.

To facilitate tax computation and tax return preparation, the Department of Revenue may

develop optional tax tables and specify the classes of taxpayers eligible to utilize the

tables in the preparation of their returns.
KRS § 381.890 — KY Code / Title XXXII / Chapter 381 / Section 381.890
381.890 Destruction -- Reconstruction
Status: in_force

381.890 Destruction -- Reconstruction.

(1) In case of fire or other destruction or damage the regime's insurance indemnity,

except as provided in subsection (3) of this section, shall be applied to reconstruct

and repair the common elements affected.

(2) Where the destruction and damage is not insured or where the insurance indemnity

is not sufficient to cover the cost of reconstruction or repair, the cost (or added cost)

shall be paid by the co-owners as a common expense, the council by a majority vote

being authorized to borrow funds therefor and to amortize the repayment of same

over a period of time, not exceeding the reasonable life of the reconstruction or

repairs.

(3) Reconstruction shall not be compulsory where two-thirds (2/3) or more of a

building is destroyed provided there are provisions in the master deed or bylaws of

the regime making adequate provision for reasonable compensation to those co-

owners who are deprived of their interest as the result of the failure to reconstruct

and further providing for the recalculation and redistribution of the percentage of

common interest.
KRS § 350.080 — KY Code / Title XXVIII / Chapter 350 / Section 350.080
350.080 Procedure for obtaining approval of other mining operations -- Deferral of reclamation
Status: in_force

350.080 Procedure for obtaining approval of other mining operations -- Deferral of

reclamation.

A permittee may conduct other mining operations from premises covered by a strip

mining permit with approval of the cabinet, subject to the provisions of KRS Chapters

351 and 352. In applying to the cabinet for the approval, he shall furnish the cabinet with

a revised copy of the map of the area on which his permit was based on which he shall

designate other mining locations, the location of outside haulageways, and other parts of

the area necessary to the conduct of other mining operations. The cabinet may authorize

the permittee to defer the reclamation of the area covered by the operations during such

time as other bona fide mining operations are carried out. The bond covering that area

shall remain in effect until reclamation of it has been completed by the permittee under a

plan approved by the cabinet.
KRS § 141.447 — KY Code / Title XI / Chapter 141 / Section 141.447
141.447 Designation of income tax refund to rape crisis center trust fund
Status: in_force

141.447 Designation of income tax refund to rape crisis center trust fund.

(1) Effective for taxable years beginning on or after January 1, 2016, any taxpayer

required to file a return under KRS 141.180, who is entitled to an income tax refund

and who desires to contribute to the rape crisis center trust fund created by KRS

211.603, may designate an amount, not to exceed the amount of the refund, to be

paid to the fund. A designation made under this section shall not affect the income

tax liability of the taxpayer, but it shall reduce the income tax refund by the amount

designated.

(2) The tax refund designation authorized by this section shall be printed on the face of

the Kentucky individual income tax form. The instructions accompanying the

individual income tax return shall include a description of the rape crisis center trust

fund and the purposes for which the funds may be used.

(3) The department shall, by July 1, 2017, and annually thereafter, transfer the funds

designated by taxpayers under this section to the rape crisis center trust fund created

by KRS 211.603.
KRS § 45.021 — KY Code / Title VI / Chapter 45 / Section 45.021
45.021 Contracts for municipal services to state agencies by city of Frankfort
Status: in_force

45.021 Contracts for municipal services to state agencies by city of Frankfort.

The Finance and Administration Cabinet, within budgetary limits fixed by any

appropriations made by the General Assembly for such purpose, shall contract with the

city of Frankfort for the provision by the city to state agencies located at the seat of

government for fire and police protection of state-owned property and other municipal

services as are provided by the city to commercial and industrial taxpayers residing in the

city of Frankfort.
KRS § 65.682 — KY Code / Title IX / Chapter 65 / Section 65.682
65.682 Legislative finding
Status: in_force

65.682 Legislative finding.

The General Assembly finds and declares that economic development created by the

development of projects to support economic revitalization and improvement in a

development area which results in the increase in the value of property located in a

development area or results in increased employment opportunities within or around a

development area serves a public purpose; and that the authority prescribed by KRS

65.680 to 65.699 and the purposes to be accomplished thereunder, are proper

governmental and public purposes for which public moneys may be expended; and that

the creation or expansion of development areas is of paramount importance mandating

that the provisions of KRS 65.680 to 65.699 be liberally construed and applied in order to

advance public purposes.
KRS § 138.665 — KY Code / Title XI / Chapter 138 / Section 138.665
138.665 License for use of public highways -- Exemption
Status: in_force

138.665 License for use of public highways -- Exemption.

(1) (a) Except as provided in paragraph (b) of this subsection, a license shall be

required of each motor carrier or heavy equipment motor carrier subject to the

provisions of KRS 138.660 before he or she uses or continues to use the

public highways of this state.

(b) If the vehicle is subject to those taxes in KRS 138.660(1) to (3), the cabinet

may issue a trip permit for each motor vehicle for a fee of forty dollars ($40)

for each permit.

(2) Application for a license or trip permit shall be made to the cabinet by using the

motor carrier portal.

(3) (a) Except as provided for in paragraph (b) of this subsection, if an application in

proper form has been accepted for filing and approved, and the other

conditions and requirements of this section have been complied with, the

cabinet shall issue a license.

(b) The cabinet may refuse to issue a license:

1. To any person whose license has, at any time previously, been revoked

for cause by the cabinet; or

2. If the cabinet is of the opinion that:

a. The person who made the application did so as a subterfuge for the

real party in interest whose license, prior to the time of filing the

application, has been revoked for cause; or

b. The application is not for any other reason filed in good faith or is

not sufficient cause.

(c) Any person who has been denied a license by the cabinet under paragraph (b)

of this subsection may appeal that decision by requesting an administrative

hearing, which shall be conducted in accordance with KRS Chapter 13B.

(4) All licenses shall be valid and remain in full force and effect until suspended or

revoked for cause or otherwise canceled.

(5) A license shall not be assignable or transferable and shall be valid only for the

person in whose name it is issued.

(6) The cabinet may require the license number or other identifier to be displayed so

that it can be readily recorded either manually or electronically by cabinet

representatives. In addition, the cabinet may require each individual unit in the

license holder's fleet of vehicles subject to these taxes to be uniquely identified.

(7) The provisions of this section shall not apply to a nonresident motor carrier engaged

in transporting passengers for hire in irregular route interstate charter or special

operations, provided reciprocal privileges are granted to similar nonresident carriers

by the laws and regulations of his or her state.
KRS § 523.050 — KY Code / Title L / Chapter 523 / Section 523.050
523.050 Inconsistent statements
Status: in_force

523.050 Inconsistent statements.

(1) When a person has made inconsistent statements under oath, both having been

made within the period of the statute of limitations, the prosecution may proceed by

setting forth the inconsistent statements in a single charge alleging in the alternative

that one (1) or the other was false and not believed by the defendant. In such case it

shall not be necessary for the prosecution to prove which statement was false but

only that one (1) or the other was false and not believed by the defendant to be true.

(2) The highest offense of which a person may be convicted in such an instance shall be

determined by hypothetically assuming each statement to be false. If perjury of

different degrees would be established by the making of the two (2) statements, the

person may only be convicted of the lesser degree. If perjury or false swearing

would be established by the making of the two (2) statements, the person may only

be convicted of false swearing.
KRS § 365.591 — KY Code / Title XXIX / Chapter 365 / Section 365.591
365.591 Cancellation
Status: in_force

365.591 Cancellation.

The Secretary shall cancel from the register, in whole or in part:

(1) Any registration concerning which the Secretary receives a voluntary request for

cancellation from the registrant or the assignee of record;

(2) All registrations granted under KRS 365.561 to 365.613 and not renewed in

accordance with those provisions;

(3) Any registration concerning which a court of competent jurisdiction has found:

(a) That the registered mark has been abandoned;

(b) That the registrant is not the owner of the mark;

(c) That the registration was granted improperly;

(d) That the registration was obtained fraudulently;

(e) That the mark is or has become the generic name for the goods or services, or

a portion of the goods or services for which it has been registered; or

(f) That the registered mark is so similar to a mark registered by another person

in the United States Patent and Trademark Office prior to the date of the filing

of the registrant's application and not abandoned as to likely cause confusion

or mistake, or to deceive. If the registrant proves that he is the owner of a

concurrent registration of a mark in the United States Patent and Trademark

Office covering an area including this state, the registration granted pursuant

to KRS 365.561 to 365.613 shall not be canceled for that area of the state; or

(4) Any registration for which a court of competent jurisdiction orders cancellation on

any ground.
KRS § 219.031 — KY Code / Title XVIII / Chapter 219 / Section 219.031
219.031 Denial, suspension, or revocation of permit -- Hearing -- Cabinet and local health department employees authorized to enter premises
Status: in_force

219.031 Denial, suspension, or revocation of permit -- Hearing -- Cabinet and local

health department employees authorized to enter premises.

(1) The cabinet or local health department concerned after notice to the applicant or

holder of a permit to operate a hotel and after an opportunity for a hearing, to be

conducted in accordance with KRS Chapter 13B, may deny, suspend, or revoke a

permit to operate in any case where it finds that there has been a failure to comply

with the requirements of KRS 219.011 to 219.081 and administrative regulations of

the secretary.

(2) The cabinet may carry out the provisions of KRS 219.011 to 219.081 and

administrative regulations relating to hotels through local health departments.

Employees of the cabinet and local health departments may enter upon the premises

of each hotel at any reasonable time for the purposes set forth in KRS 219.011 to

219.081.
KRS § 367.250 — KY Code / Title XXIX / Chapter 367 / Section 367.250
367.250 Subpoenas -- Oath -- Confidential information
Status: in_force

367.250 Subpoenas -- Oath -- Confidential information.

To accomplish the objectives and to carry out the duties prescribed by KRS 367.110 to

367.300, the Attorney General, in addition to other powers conferred upon him by KRS

367.110 to 367.300, may issue subpoenas to any person, administer an oath or affirmation

to any person, or conduct hearings in aid of any investigation or inquiry, provided that

information obtained pursuant to the powers conferred by KRS 367.110 to 367.300 shall

not be made public or disclosed by the Attorney General or his employees beyond the

extent necessary for law enforcement purposes in the public interest.
KRS § 142.318 — KY Code / Title XI / Chapter 142 / Section 142.318
142.318 Assessment on ground ambulance service providers
Status: in_force

142.318 Assessment on ground ambulance service providers.

(1) A ground ambulance provider shall pay an assessment to the department in an

amount established by the Department for Medicaid Services under KRS 205.5602.

(2) The payment of the assessment shall be made at the same time and in the same

manner as in KRS 142.323.

(3) (a) In addition to any penalty assessed under KRS 131.180 and the interest

assessed under KRS 131.183, the department, in coordination with the

Cabinet for Health and Family Services, may require a ground ambulance

provider that fails to pay an assessment required by this section to pay an

additional penalty to the department.

(b) The department, in consultation with the Cabinet for Health and Family

Services, may promulgate administrative regulations to establish the

additional penalty.

(4) The assessment shall not be implemented until after the Department for Medicaid

Services receives notice of federal matching funds approval from the Centers for

Medicare and Medicaid Services.

(5) All assessments and all penalties and fees related to those assessments shall be

deposited in the ambulance service assessment fund established in KRS 205.5603.

(6) A ground ambulance provider shall not increase charges or add a surcharge to

ground transport fees based on, or as a result of, the assessment paid to the

department.
KRS § 422.135 — KY Code / Title XXXVIII / Chapter 422 / Section 422.135
422.135 Determination by a federal agency is prima facie evidence of occurrence of death
Status: in_force

422.135 Determination by a federal agency is prima facie evidence of occurrence of

death.

A determination of death made by a federal agency or military service of the United

States government pursuant to Title 5, United States Code, Chapter 55, subchapter VII;

Title 37, United States Code, Chapter 10, or other applicable federal law shall be prima

facie evidence that the death actually occurred with respect to any proceeding in any court

in the Commonwealth of Kentucky or with respect to any action of an agency of

government in the Commonwealth of Kentucky.
KRS § 523.060 — KY Code / Title L / Chapter 523 / Section 523.060
523.060 Corroboration
Status: in_force

523.060 Corroboration.

In any prosecution for perjury or false swearing, except prosecution based upon

inconsistent statements pursuant to KRS 523.050, falsity of a statement may not be

established solely through contradiction by the testimony of a single witness.
KRS § 214.300 — KY Code / Title XVIII / Chapter 214 / Section 214.300
214.300 Labels on mattresses -- Regulation of
Status: in_force

214.300 Labels on mattresses -- Regulation of.

(1) There shall be securely sewed upon the outside of each mattress manufactured, or

offered for sale, a muslin, paper or linen label or tag, upon which shall be legibly

written or printed a description of the material used as the filling of the mattress.

(2) If all the material used in the manufacture of the mattress has not been previously

used, the words "manufactured of new material" shall appear upon the label or tag,

together with the name and address of the maker.

(3) Any mattress made from any material previously used shall have stamped or printed

upon the tag attached thereto, in type not smaller than twenty-point, the words

"secondhand material."

(4) If labeled felt or felted cotton, it is understood that the cotton or material has all

been carded in layers or sheets by a Garnett or cotton felting machine.

(5) In the description upon the label or tag of the material used as the filling of any

mattress, no term or designation likely to mislead shall be used.

(6) No person except a purchaser at retail shall remove, deface or alter, or attempt or

cause the removal, defacement or alteration of any mark or statement placed upon

any mattress under the provisions of this section.