FrankGoortani/open-us-law huggingface dataset:
KRS § 335.500 — KY Code / Title XXVI / Chapter 335 / Section 335.500
335.500 Definitions for KRS 335.500 to 335.599
Status: in_force

335.500 Definitions for KRS 335.500 to 335.599.

As used in KRS 335.500 to 335.599, unless the context requires otherwise:

(1) "Board" means the Kentucky Board of Licensed Professional Counselors;

(2) "Credential holder" means any person who is regulated by the board;

(3) "Licensed professional clinical counselor" means a credential holder who has been

determined by the board to have met all qualifications set forth in KRS 335.525(1)

to engage in the independent practice of professional counseling;

(4) "Licensed professional counselor associate" means a credential holder who has been

determined by the board to have met all qualifications set forth in KRS 335.525(2)

to engage in the practice of professional counseling under an approved clinical

supervisor as authorized by the board;

(5) "Practice of professional counseling" means professional counseling services that

involve the application of mental health counseling and developmental principles,

methods, and procedures, including assessment, evaluation, treatment planning,

amelioration, and remediation of adjustment problems and emotional disorders, to

assist individuals or groups to achieve more effective personal, social, educational,

or career development and adjustment; and

(6) "Relative" means a person's father, mother, brother, sister, husband, wife, son,

daughter, aunt, uncle, son-in-law, daughter-in-law, grandparent, grandchild,

stepparent, or stepchild.
KRS § 161.595 — KY Code / Title XIII / Chapter 161 / Section 161.595
161.595 Credit upon service retirement
Status: in_force

161.595 Credit upon service retirement.

(1) Upon service retirement, a member of the Teachers' Retirement System may obtain

credit for all or any part of the service otherwise creditable under the Kentucky

Employees Retirement System, the County Employees Retirement System, or in the

service of the United States government for which service credit is not otherwise

given, upon the payment by the member of the full actuarial cost of the service

credit purchased as defined in KRS 161.220(22). Such payments shall not be picked

up, as described in KRS 161.540(2).

(2) The amount paid under this section shall be considered as accumulated

contributions of the individual member.

(3) No person shall be allowed credit for the same period of service in more than one

(1) of these three (3) retirement systems.
KRS § 426.705 — KY Code / Title XXXIX / Chapter 426 / Section 426.705
426.705 Bond required of purchaser
Status: in_force

426.705 Bond required of purchaser.

(1) The purchaser of property sold under an order of court shall give bond for the price,

with good surety, approved by the officer making the sale, payable to him or to the

person entitled to receive the money, as the court may direct; or, if the court make

no order on the subject, they shall be made payable to the officer.

(2) They shall bear interest from date at the rate the judgment bears.

(3) They shall have the force of judgments; and on executions issued upon them no

replevy shall be allowed, and sales shall be for cash.
KRS § 299.045 — KY Code / Title XXV / Chapter 299 / Section 299.045
299.045 Subsequent licensure of assessment or cooperative life insurance companies prohibited
Status: in_force

299.045 Subsequent licensure of assessment or cooperative life insurance

companies prohibited.

On June 21, 1974 no company not previously licensed shall be licensed to engage in the

business of life and casualty insurance as set forth in KRS 299.020 through 299.215.
KRS § 273.080 — KY Code / Title XXIII / Chapter 273 / Section 273.080
273.080 Power over adjunct school or college
Status: in_force

273.080 Power over adjunct school or college.

All property procured for any adjunct school or college shall be held and applied by the

governing body of the institution establishing it for the purpose of establishing and

maintaining the adjunct school. The governing body may procure grounds and erect

buildings for its use and occupation, appoint and remove its teachers, prescribe a course

of study for its students, confer degrees of graduation from it, and exercise the same

general supervision and control over it that they may exercise over their own institution.
KRS § 281A.0901 — KY Code / Title XXIV / Chapter 281A / Section 281A.0901
281A.0901 Requirement for cabinet to extend state deadlines by administrative regulations if federal deadlines are extended
Status: in_force

281A.0901 Requirement for cabinet to extend state deadlines by administrative

regulations if federal deadlines are extended.

(1) If the United States Department of Transportation extends the date by which all

commercial drivers are required to have a commercial driver's license, the

Transportation Cabinet shall by administrative regulation extend the effective date

of KRS 281A.090 to match the extended federal date.

(2) If the United States Department of Transportation extends the date for allowing the

skills portion of the commercial driver's license test to be waived, the

Transportation Cabinet shall by administrative regulation extend the effective date

of the waiver to match the extended federal date.

(3) If the United States Department of Transportation extends the date for allowing a

state to issue an intrastate medical waiver, the Transportation Cabinet shall by

administrative regulation continue to accept applications for medical waivers and,

as appropriate, issue intrastate medical waivers until the extended federal date.
KRS § 67.220 — KY Code / Title IX / Chapter 67 / Section 67.220
67.220 Advertisement of election
Status: in_force

67.220 Advertisement of election.

The county judge/executive of each county, by order of record, shall direct the sheriff of

that county to advertise the election, and the object thereof by publication pursuant to

KRS Chapter 424.
KRS § 230.785 — KY Code / Title XIX / Chapter 230 / Section 230.785
230.785 Access for review and audit of hub operator -- Audited financial statements
Status: in_force

230.785 Access for review and audit of hub operator -- Audited financial

statements.

The corporation or its staff shall, upon request, be given access, for review and audit, to

all records and financial information of the hub operator, including all account

information. The corporation may require that the hub operator annually submit to the

corporation audited financial statements.
KRS § 17.110 — KY Code / Title III / Chapter 17 / Section 17.110
17.110 Report of offense under penal code to department
Status: in_force

17.110 Report of offense under penal code to department.

(1) All city and county law enforcement agencies shall cause a photograph, a set of

fingerprints, and a general description report of all persons arrested on a felony

charge to be made and two (2) copies of each item forwarded within thirty (30) days

after the arrest to the Department of Kentucky State Police of the Justice and Public

Safety Cabinet, in accordance with administrative regulations of the cabinet. Unless

the charges are dismissed or withdrawn at that appearance, the judge shall require

any adult person appearing before any Circuit Court in the Commonwealth on a

felony charge, who has not been arrested, to, if this has not already been done in the

case before the court, be photographed and fingerprinted, and have a general

description made following his arraignment. Agencies specified above shall furnish

any other information involving offenses or in their possession relative to law

enforcement upon request by the cabinet.

(2) Each city and county law enforcement agency shall advise the Department of

Kentucky State Police of the disposition made of all cases wherein a person has

been charged with an offense.
KRS § 67A.715 — KY Code / Title IX / Chapter 67A / Section 67A.715
67A.715 Purpose
Status: in_force

67A.715 Purpose.

It is the purpose of KRS 67A.710 to 67A.825 to extend permissive authority of urban-

county governments for assessment financing of public improvements.
KRS § 532.032 — KY Code / Title L / Chapter 532 / Section 532.032
532.032 Restitution
Status: in_force

532.032 Restitution.

(1) Restitution to a named victim, if there is a named victim, shall be ordered in a

manner consistent, insofar as possible, with the provisions of this section and KRS

439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty

for any offense under this chapter. The provisions of this section shall not be subject

to suspension or nonimposition.

(2) If pretrial diversion is granted, restitution shall be a part of the diversion agreement.

(3) If probation, shock probation, conditional discharge, or other alternative sentence is

granted, restitution shall be a condition of the sentence.

(4) If a person is sentenced to incarceration and paroled, restitution shall be made a

condition of parole.

(5) Restitution payments ordered under this section shall be paid by the defendant to the

clerk or a court-authorized program run by the county attorney or the

Commonwealth's attorney of the county.
KRS § 365.447 — KY Code / Title XXIX / Chapter 365 / Section 365.447
365.447 Limitation on acquisition of permits for going out of business sales
Status: in_force

365.447 Limitation on acquisition of permits for going out of business sales.

An individual, partnership, corporation, association, or other firm shall not acquire more

than two (2) going out of business sale permits during a four (4) year period, excluding

renewals awarded pursuant to KRS 365.445, unless the Attorney General determines after

investigation that there is a legitimate business purpose for awarding the applicant a

subsequent permit. The Attorney General may charge the applicant the cost of the

investigation. The Attorney General shall promulgate administrative regulations setting

out the application to be used, the procedures to be followed, and the charges to be

assessed the applicant to initiate and conduct the investigation. The procedures to be used

shall include a process that meets due process requirements, including an administrative

hearing conducted in accordance with KRS Chapter 13B.
KRS § 6.050 — KY Code / Title II / Chapter 6 / Section 6.050
6.050 Privilege from arrest or civil suit -- Censure -- Fine or expulsion
Status: in_force

6.050 Privilege from arrest or civil suit -- Censure -- Fine or expulsion.

(1) A member of the General Assembly, while going to, attending or returning from any

session of the house to which he belongs shall not be arrested, menaced or disturbed

at any place in the Commonwealth of Kentucky except on legal process for treason,

felony, or breach or surety of the peace.

(2) It is declared to be the legislative intent of the General Assembly to prohibit the

arrest of any member of the General Assembly at any place within the

Commonwealth while going to, attending or returning from any session of the house

to which he belongs, except for treason, felony, or breach or surety of the peace.

(3) A member of the General Assembly shall not be required to stand trial in any civil

action except between terms of the legislature, and then only in the county of his

residence; but either party to such an action may obtain a change of venue as in

other cases.

(4) A member of either house, by a vote of two-thirds (2/3) of the members present,

may be censured, fined, or expelled for breach of privilege.
KRS § 45A.140 — KY Code / Title VI / Chapter 45A / Section 45A.140
45A.140 Accounting system
Status: in_force

45A.140 Accounting system.

Except with respect to firm fixed price type contracts, no contract type shall be used

unless it has been determined in writing that the proposed contractor's accounting system

will permit timely development of all necessary cost data in the form required by the

specific contract type contemplated and that the contractor's accounting system is

adequate to allocate costs in accordance with generally accepted accounting principles.
KRS § 103.270 — KY Code / Title IX / Chapter 103 / Section 103.270
103.270 Depreciation account
Status: in_force

103.270 Depreciation account.

(1) If a surplus is accumulated in the operating and maintenance funds equal to the cost

of maintaining and operating the industrial building during the remainder of the

calendar, operating or fiscal year, and during the succeeding like year, any excess

over such amount may be transferred at any time by the city legislative body, or the

fiscal court of the county, as the case may be, to the depreciation account, to be used

for improvements, extensions or additions to the building.

(2) The funds accumulating to the depreciation account shall be expended in balancing

depreciation in the industrial building or in making new constructions, extensions or

additions thereto. Any such accumulations may be invested as the city legislative

body, or the fiscal court of the county, as the case may be, may designate, and if

invested the income from such investment shall be carried into the depreciation

account.
KRS § 260.036 — KY Code / Title XXI / Chapter 260 / Section 260.036
260.036 Agricultural products grading program
Status: in_force

260.036 Agricultural products grading program.

(1) The Department of Agriculture may promote the sale of raw agricultural products

produced in the state by operating, maintaining, and administering a standard

grading program for evaluating raw agricultural products.

(2) The department may, after consultation with the University of Kentucky College of

Agriculture and associations actively involved in promoting the sale of agricultural

products within the state, promulgate standards for grading, marking, weighing,

storing, transporting, and harvesting these agricultural products. These standards

shall promote the sale of agricultural products by standardizing the quality and

quantity of the raw agricultural products produced by participants in the

department's standard grading program.

(3) The department may undertake appropriate measures to aid, encourage, foster, and

promote the sale, development, and improvement of raw agricultural products

produced in the state which have been graded by a department standard grading

program.

(4) The department may employ persons to carry out the provisions of this section.

(5) The department may administer the provisions of this section and adopt

administrative regulations to carry out the provisions of this section. The

department may conduct examinations, inspections, or hearings for the proper

administration of this standard grading program. All authorized hearings shall be

conducted in accordance with KRS Chapter 13B.

(6) The department may collect a reasonable fee for grading services provided to a

participant in the standard grading program. However, the fee shall not exceed thirty

dollars ($30) per sample graded by the department's employees. All fees collected

under the provisions of this section shall be credited to the department for use in

carrying out the standard grading program.
KRS § 165A.460 — KY Code / Title XIII / Chapter 165A / Section 165A.460
165A.460 Proprietary schools that offer CDL training governed by this chapter -- Exceptions
Status: in_force

165A.460 Proprietary schools that offer CDL training governed by this

chapter -- Exceptions.

(1) Except as provided in subsection (2) of this section, all proprietary schools

located or doing business in this state that offer CDL driver training shall be

governed by the provisions of this chapter, except for matters governing:

(a) The curriculum, which shall be established by the commission in

consultation with the Department of Kentucky State Police and the

Kentucky Community and Technical College System; and

(b) The inspection of CDL driver training school facilities, which shall be

under the authority of the Department of Kentucky State Police pursuant

to KRS 165A.475 and 332.095.

(2) Entry level driver training providers are exempt from the provisions of this

chapter and shall instead comply with the requirements set forth in 49 C.F.R.

secs. 380.600 to 380.609 and 380.700 to 380.725.
KRS § 141.150 — KY Code / Title XI / Chapter 141 / Section 141.150
141.150 Reports of income payments to others
Status: in_force

141.150 Reports of income payments to others.

(1) Every corporation subject to the jurisdiction of this state, unless excused by the

department, shall render a correct report of its payments of dividends to residents of

this state, stating the name and address of each shareholder, the number of shares

owned by him, and the amount of dividends paid to him.

(2) Every person subject to the jurisdiction of this state, in whatever capacity acting,

including lessees or mortgagors of real or personal property, fiduciaries and

employers, making payment to another person, domiciled in this state, of interest,

rent, premiums, annuities, compensations, remunerations, emoluments or other

fixed or determinable gains, profits and income not subject to withholding

provisions contained in KRS 141.310 of six hundred dollars ($600) or more in any

taxable year, shall render a true and accurate report to the department of the

payments made. Every person subject to the jurisdiction of this state, in whatever

capacity acting, making payment of wages to another person domiciled in this state,

shall render a true and accurate report to the department of the payments made. In

the case of such payments made by the state and its political subdivisions, the

officers or employees having information as to such payments designated by the

department by the regulations hereinafter provided for shall make such reports. The

reports shall be made under the regulations and in the form and manner and to the

extent prescribed by the department, and shall set forth the amount of the gains,

wages, profits and income, and the name and address of the recipient of the

payments. The department may also require any person to make information reports

respecting nonresidents it believes to be subject to income tax.

(3) The reports contemplated by this section may be required, regardless of amounts, in

the case of payments of dividends or interest upon bonds, mortgages, deeds of trust

or other similar obligations of corporations. When necessary to make effective the

provisions of this section, the name and address of the recipient of the income shall

be furnished upon demand of the person paying the income. The provisions of this

section shall not apply to the payment of interest on obligations of the United States

or of this state, or the political subdivisions thereof.
KRS § 362.421 — KY Code / Title XXIX / Chapter 362 / Section 362.421
362.421 Execution of certificates
Status: in_force

362.421 Execution of certificates.

(1) Each certificate required by KRS 362.403 to 362.525 to be filed with the Secretary

of State shall be executed in the following manner:

(a) An original certificate of limited partnership signed by all general partners;

(b) A certificate of amendment, signed by at least one (1) general partner and by

each other general partner designated in the certificate as a new general

partner; and

(c) A certificate of cancellation, signed by all general partners.

(2) Any person may sign a certificate of limited partnership, certificate of amendment

or certificate of cancellation by an attorney-in-fact, but a power of attorney to sign a

certificate of amendment relating to the admission of a general partner shall

specifically describe the admission.

(3) The execution of a certificate of limited partnership, certificate of amendment or

certificate of cancellation by a general partner shall constitute an affirmation under

the penalties of perjury that the facts stated therein are true.
KRS § 214.175 — KY Code / Title XVIII / Chapter 214 / Section 214.175
214.175 Anonymous surveys of substance abuse during pregnancy -- Participation -- Confidentiality -- Funding
Status: in_force

214.175 Anonymous surveys of substance abuse during pregnancy -- Participation

-- Confidentiality -- Funding.

(1) The Cabinet for Health and Family Services may conduct periodic anonymous

surveys to determine the prevalence within the Commonwealth of drug and alcohol

use during pregnancy. These periodic surveys may include, but are not limited to,

toxicology tests to determine the presence of alcohol, controlled substances, or other

drugs which have not been prescribed due to medical necessity.

(2) All hospitals and any other health facilities licensed pursuant to KRS Chapter 216B

which provide for obstetrical services, including delivery of newborn infants, shall,

as a condition of licensure, participate in any periodic surveys conducted by the

Cabinet for Health and Family Services for the purposes of determining the

prevalence of alcohol or other substance abuse among pregnant women and

newborn infants.

(3) Any surveys conducted pursuant to this section shall be conducted according to

guidelines established by the Cabinet for Health and Family Services. The

toxicology test may be performed without a physician's order and without patient or

parental consent. For the purpose of this section any toxicology test performed shall

be considered medically necessary.

(4) The results of any individual toxicology tests performed pursuant to this section

shall remain confidential and shall only be released to the Cabinet for Health and

Family Services. Any results shall be collected and compiled in aggregate form

without the name of the hospital, patient, or other means of identifying the

individual subject of the test.

(5) No test result obtained pursuant to this section shall be admissible in any court or

other hearing as evidence in any proceeding, criminal or civil, against the individual

subject of the test.

(6) No hospital shall incur any liability, except for negligence, for performing any test

required or authorized under KRS 214.160 and 214.175 or for reporting the result of

the test pursuant to any administrative regulation promulgated by the Cabinet for

Health and Family Services under KRS Chapter 13A in accordance with this

section.

(7) The cabinet may use any state appropriation and any gifts, grants, or federal funds

that become available for the purposes of implementing the provisions of this

section.
KRS § 220.330 — KY Code / Title XVIII / Chapter 220 / Section 220.330
220.330 Removal or adjustment of obstructions
Status: in_force

220.330 Removal or adjustment of obstructions.

Any person or public corporation having buildings, structures, works, conduits, mains,

pipes, tracks or other physical obstructions in, over or upon the public streets, lanes,

alleys or highways that interfere with or impede the progress of construction, maintenance

or repair of the works of the district shall, upon reasonable notice from the board of

directors, promptly shift, adjust, accommodate or remove the obstruction to meet the

exigencies occasioning such action. Upon failure of any person or public corporation to

make such changes the board may do so. The reasonable cost and expense of such

damage shall be met by the district.
KRS § 174.040 — KY Code / Title XV / Chapter 174 / Section 174.040
174.040 Powers of secretary -- Designation of deputy secretaries
Status: in_force

174.040 Powers of secretary -- Designation of deputy secretaries.

The secretary shall have any and all necessary power and authority, subject to appropriate

provisions of the statutes, to create such positions and to employ the necessary personnel

in such positions to enable the secretary to perform the functions of the cabinet. The

commissioner of the Department of Highways, the commissioner of the Department of

Rural and Municipal Aid, and the commissioner of the Department of Vehicle Regulation

may be designated as deputy secretaries for operational purposes.