FrankGoortani/open-us-law huggingface dataset:
KRS § 365.577 — KY Code / Title XXIX / Chapter 365 / Section 365.577
365.577 Certificate of registration
Status: in_force

365.577 Certificate of registration.

(1) Upon the applicant's compliance with the requirements of KRS 365.561 to 365.613,

the Secretary shall cause a certificate of registration to be issued and delivered to the

applicant. The certificate of registration shall be issued under the signature of the

Secretary and the seal of the state, and it shall show the registrant's name and

business address and, if the registrant is a corporation, the state of incorporation, or

if a partnership, the state in which the partnership is organized, the names of the

general partners, the person claiming ownership of the mark, the date claimed for

the first use of the mark anywhere, the date claimed for the first use of the mark in

this state, the class of goods or services, a description of the goods or services on or

in connection with which the mark is used, a reproduction of the mark, the

registration date, and the term of the registration.

(2) Any certificate of registration issued pursuant to this section or a copy of the

certificate duly certified by the Secretary shall be admissible in evidence as

competent and sufficient proof of the registration of the mark in any actions or

judicial proceedings in any court of this state.
KRS § 186.690 — KY Code / Title XVI / Chapter 186 / Section 186.690
186.690 Application of KRS 186.045 and 186.070 to 186.240
Status: in_force

186.690 Application of KRS 186.045 and 186.070 to 186.240.

KRS 186.045 and 186.070 to 186.240 shall apply to the registration of trailers,

semitrailers, and recreational vehicles if practicable.
KRS § 42.520 — KY Code / Title VI / Chapter 42 / Section 42.520
42.520 Priority for assignment of public funds
Status: in_force

42.520 Priority for assignment of public funds.

(1) The State Investment Commission shall assign public funds to public depositories

by priority based on evidence that the public depository serves the convenience and

economic development needs of the communities in which they are chartered to do

business. The convenience and needs of communities shall include the need for

credit services as well as deposit services.

(2) The State Investment Commission shall only assign priorities to public depositories

on the basis of compliance with regulations promulgated pursuant to KRS Chapter

13A.
KRS § 199.510 — KY Code / Title XVII / Chapter 199 / Section 199.510
199.510 Investigation and report
Status: in_force

199.510 Investigation and report.

(1) Upon filing a petition for the adoption of a minor child, the clerk of the court shall

forward two (2) copies of the petition to the cabinet. The cabinet, or any person,

agency or institution designated by it or the court shall, to the extent of available

facilities, investigate and report in writing to the court:

(a) Whether the contents of the petition required by KRS 199.490 are true;

(b) Whether the proposed adoptive parents are financially able and morally fit to

have the care, custody and training of the child; and

(c) Whether the adoption is to the best interest of the child and the child is

suitable for adoption.

(2) The report of the cabinet or the designated person, agency or institution shall be

filed with the court as soon as practicable but not later than ninety (90) days from

the placement of the child or ninety (90) days after the filing date of the petition,

whichever is longer, unless for good cause the court by written order extends the

period of time for filing the report. If the cabinet or the designated person, agency or

institution is unable to make the report, it shall within ten (10) days of receipt of the

petition notify the court of its inability to conduct the investigation, and the court

may designate some other person, agency or institution to make the necessary

investigation. If the court designates some other person, agency or institution, the

clerk shall forward one (1) copy of the petition to such person, agency or institution

and shall notify the cabinet of such other designation at the time he forwards the

petition to the cabinet.

(3) If the cabinet is a party defendant, its reports, if it files no other pleadings, shall be

considered its answer to the petition.

(4) The clerk's fee for copying and forwarding the copies of the petitions required by

this section shall be taxed as a cost of the action.
KRS § 248.550 — KY Code / Title XXI / Chapter 248 / Section 248.550
248.550 Appropriation and use of funds -- Revenue estimates to be supplied by Office of State Budget Director
Status: in_force

248.550 Appropriation and use of funds -- Revenue estimates to be supplied by

Office of State Budget Director.

(1) The amount of revenues collected and/or credited to the tobacco research-trust fund

shall be appropriated each year to the Kentucky Tobacco Research and

Development Center to finance research projects and programs as provided in KRS

248.510 to 248.570 and shall be expended by the institute only on those projects

and programs authorized by the Kentucky Tobacco Research Board.

(2) The Office of State Budget Director shall supply revenue estimates of the amount of

revenue anticipated to be collected during each fiscal year by the added one-half

cent ($0.005) tax on cigarettes which estimate, along with any federal funds

available, shall be the basis for preparing tobacco research programs and budget

requests for each fiscal year.
KRS § 241.140 — KY Code / Title XX / Chapter 241 / Section 241.140
241.140 Functions of county administrator -- Jurisdiction
Status: in_force

241.140 Functions of county administrator -- Jurisdiction.

Each county administrator shall have the same duties and functions regarding local

license applications and renewals as the department with respect to state licenses.

Each county administrator shall have the same duties and functions regarding local

license penalization as the board with respect to state license penalization. If any

city appoints its own administrator under KRS 241.160, the county administrator in

that county shall have jurisdiction over only that portion of the county which lies

outside the corporate limits of that city, unless the city does not have an adequate

police force.
KRS § 223.170 — KY Code / Title XVIII / Chapter 223 / Section 223.170
223.170 Certification of competency
Status: in_force

223.170 Certification of competency.

The Energy and Environment Cabinet shall certify persons as to their qualifications to

supervise successfully the operation of water treatment plants or water distribution

systems after considering the recommendations of the Kentucky Board of Certification of

Water and Wastewater System Operators established in KRS 224.10-024.
KRS § 387.122 — KY Code / Title XXXIII / Chapter 387 / Section 387.122
387.122 Certain assets subject to withdrawal only upon authorization of court
Status: in_force

387.122 Certain assets subject to withdrawal only upon authorization of court.

The District Court may direct that all or some part of the assets of a ward's estate be

deposited in a bank, trust company, or insured savings and loan company authorized to

transact business in the Commonwealth or in a single-premium deferred annuity, subject

to withdrawal by the guardian or conservator only upon authorization of the District

Court.
KRS § 141.516 — KY Code / Title XI / Chapter 141 / Section 141.516
141.516 Audit of account-granting organization by department -- Notice of violation -- Revocation of certificate. (See LRC Note below)
Status: in_force

141.516 Audit of account-granting organization by department -- Notice of

violation -- Revocation of certificate. (See LRC Note below)

(1) The department may conduct an audit of an AGO or contract for the auditing of an

AGO.

(2) (a) In the event that the department determines that there has been a violation of

KRS 141.500 to 141.528 by an AGO, the department shall send written notice

to the AGO.

(b) The AGO that receives written notice of a violation will have sixty (60) days

from receipt of notice to correct the violation identified by the department.

(c) If the AGO fails or refuses to comply after sixty (60) days, the department

may revoke the AGO’s certification to participate in the EOA program.

(3) An AGO whose certificate has been revoked under this section:

(a) May appeal the revocation of its certification to the Board of Tax Appeals

pursuant to KRS 49.220;

(b) Shall continue administering EOAs that were donated prior to the date of

notice stated on the revocation;

(c) Shall not accept any further contributions for the purpose of funding EOAs on

or after the date of notice stated on the revocation; and

(d) Shall refund any contributions that were received for the purpose of funding

EOAs on or after the date of notice stated on the revocation.
KRS § 267.495 — KY Code / Title XXII / Chapter 267 / Section 267.495
267.495 Board may elect for county to be subject to provisions of KRS 267.390(3)(b) and 267.490
Status: in_force

267.495 Board may elect for county to be subject to provisions of KRS

267.390(3)(b) and 267.490.

The board of drainage commissioners of any county, regardless of the number of drainage

districts contained therein, may by resolution of the said board certified to the county

judge/executive, elect for such county to be subject to the provisions of KRS

267.390(3)(b) and 267.490.
KRS § 45A.620 — KY Code / Title VI / Chapter 45A / Section 45A.620
45A.620 Preference to high-calcium foods and beverages in purchasing for school meals
Status: in_force

45A.620 Preference to high-calcium foods and beverages in purchasing for school

meals.

(1) This section shall apply to any contract entered into by an agency or a business that

contracts with a local school board, local school district, or other agency to provide

food or meal services.

(2) In addition to any requirements established by the United States Department of

Agriculture under the National School Lunch Program, the School Breakfast

Program, or other federally supported food service programs, an agency or business

that provides food or meal services under contract with a local school board, local

school district, or other agency shall give preference in purchasing contracts to high-

calcium foods or beverages.

(3) For the purposes of this section, the term "high-calcium foods or beverages" means

foods or beverages that contain a higher level of calcium and that are equal to or

lower in price than other products of the same type and quality.

(4) Notwithstanding subsection (2) of this section, if the director of a program operated

by an agency or business offering food or meal services on behalf of a local school

board, local school district, or other agency determines that a high-calcium food or

beverage would interfere with the proper treatment and care of an individual

receiving services from the program, then the purchasing agent for that institution or

business shall not be required to purchase a high-calcium food or beverage for that

individual.

(5) A purchasing agent who has entered into a contract with a supplier to purchase food

or beverages before July 1, 2002, is not required to purchase high-calcium foods or

beverages if purchasing those products would change the terms of the contract.
KRS § 42.032 — KY Code / Title VI / Chapter 42 / Section 42.032
42.032 Web site to provide public access to expenditure records of executive branch -- Monthly and weekly updates -- Cabinet is sole custodian of information and records -- Branches to share software and applications
Status: in_force

42.032 Web site to provide public access to expenditure records of executive

branch -- Monthly and weekly updates -- Cabinet is sole custodian of

information and records -- Branches to share software and applications.

(1) By January 1, 2012, the Finance and Administration Cabinet shall provide public

access to records relating to expenditures of the executive branch of state

government through display of the records on a Web site. The Web site shall

provide:

(a) Financial information of expenditures not exempt under the provisions of state

or federal law, including:

1. The payee name;

2. The category or type of the expenditure;

3. A description of the reason for the expenditure, if available;

4. The expenditure amount; and

5. A link to the financial document, if the document is electronically

available;

(b) A searchable format;

(c) Access to the current enacted Executive Branch Budget; and

(d) A link to the public access Web site displays of the legislative and judicial

branches of state government, and of the public institutions of higher

education.

(2) Information on the Web site shall be updated at least on a monthly basis. However,

information on the Web site which is part of, or contained in, an electronic

accounting system utilized by all branches of state government, such as the

Enhanced Management Administrative Reporting System (EMARS), shall be

updated on a weekly basis.

(3) The cabinet shall maintain exclusive control and be considered the sole custodian of

all information and records generated by and through activity of the executive

branch of government, notwithstanding the situs of the information and the records

in another branch of government, and disclosure thereof shall only be by the cabinet

in accordance with applicable law.

(4) In order to reduce Web site development costs and enhance public access and use of

records viewed through Web sites as provided by this section and KRS 7.505 and

26A.260, each branch of state government shall freely share with the other branches

of state government the software, software developments, and all applications, data,

and information within its control used for Web site design, appearance, content,

and operation in compliance with, or in furtherance of, the purposes contemplated

by this section and KRS 7.505 and 26A.260.
KRS § 267.280 — KY Code / Title XXII / Chapter 267 / Section 267.280
267.280 Condemnation of land not affected by drainage
Status: in_force

267.280 Condemnation of land not affected by drainage.

If it is necessary to acquire a right-of-way or any outlet over or through lands not affected

by the drainage, and the same cannot be acquired by purchase, the same may be

condemned by the board. The owners of the land sought to be condemned shall be made

parties to the proceeding, and the procedure shall be substantially as provided in the

Eminent Domain Act of Kentucky. The damages awarded shall be paid by the board out

of the first funds available, before the land is taken, injured or destroyed, unless the party

entitled thereto waives payment in advance.
KRS § 179.720 — KY Code / Title XV / Chapter 179 / Section 179.720
179.720 Taxes levied by district -- Maintenance of roads by county
Status: in_force

179.720 Taxes levied by district -- Maintenance of roads by county.

(1) Upon the creation of a subdivision road district as provided in KRS 179.700 to

179.735, the trustees of such district are hereby authorized to levy a tax rate upon

the property in said district, provided that said property is subject to county tax, and

not exceeding ten cents ($0.10) per one hundred dollars ($100) of valuation as

assessed for county taxes, for the purpose of defraying the expenses of the

maintenance of roads within the subdivision district. The rate set in this subsection

shall apply, notwithstanding the provisions of KRS 132.023.

(2) The trustees of a district may contract with the county containing the district to

perform maintenance on or to provide personnel, materials or equipment for

maintenance to be performed upon any road in the district. The county may

maintain or provide personnel, materials or equipment for the maintenance of the

roads of a district, so long as the district agrees to pay the county's total cost of

providing services, personnel, materials or equipment.

(3) The property valuation administrator of the county or counties involved, with the

cooperation of the board of trustees, shall note on the tax rolls the taxpayers and

valuation of the property subject to such assessment. The county clerk shall

compute the tax on the regular state and county tax bills in such manner as may be

directed by regulation of the Department of Revenue.

(4) Such taxes shall be subject to the same delinquency date, discounts, penalties and

interest as are applied to the collection of ad valorem taxes and shall be collected by

the sheriff of the county or counties involved and accounted for to the treasurer of

the district. The sheriff shall be entitled to a fee of four percent (4%) of the amount

collected by him.
KRS § 96.830 — KY Code / Title IX / Chapter 96 / Section 96.830
96.830 Charge for electric service furnished municipality
Status: in_force

96.830 Charge for electric service furnished municipality.

The board shall charge the municipality and all departments and works thereof for any

electric service furnished to them at the rates applicable to other customers taking service

under similar conditions. Revenues derived from such service shall be treated as all other

revenues.
KRS § 367.3629 — KY Code / Title XXIX / Chapter 367 / Section 367.3629
367.3629 Consumer privacy fund
Status: in_force

367.3629 Consumer privacy fund.

There is hereby created a trust and agency account to be known as the consumer privacy

fund. The fund shall be administered by the Office of the Attorney General. All civil

penalties collected pursuant to KRS 367.3611 to 367.3629 shall be deposited into the

fund. Interest earned on moneys in the fund shall accrue to the fund. Moneys in the fund

shall be used by the Office of the Attorney General to enforce KRS 367.3611 to

367.3629. Notwithstanding KRS 45.229, any moneys remaining in the fund at the close

of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal

year to be used by the Office of the Attorney General for the purposes set forth in KRS

367.3611 to 367.3629.
KRS § 42.017 — KY Code / Title VI / Chapter 42 / Section 42.017
42.017 Office of General Counsel
Status: in_force

42.017 Office of General Counsel.

(1) The Office of General Counsel established within the Office of the Secretary by

KRS 42.0145 shall be responsible for the coordination and provision of legal

services for the cabinet and for other functions and duties as the secretary may

assign relating to the performance of the cabinet's legal services.

(2) The Office of General Counsel shall be headed by an executive director who shall

function as the general counsel. The executive director shall be appointed in

accordance with KRS 12.210 and shall report to the secretary. The Attorney

General, on request of the secretary, may designate attorneys in the Office of

General Counsel as assistant attorneys general as provided in KRS 15.105.

(3) The Office of General Counsel shall consist of two (2) offices, each of which shall

provide legal services for its respective offices and departments, as follows:

(a) Office of Legal Services for Finance and Technology, headed by an executive

director and composed of organizational entities deemed appropriate by the

secretary of the Finance and Administration Cabinet; and

(b) Office of Legal Services for Revenue, headed by an executive director,

including organizational entities deemed appropriate by the secretary of the

Finance and Administration Cabinet.
KRS § 205.628 — KY Code / Title XVII / Chapter 205 / Section 205.628
205.628 Liability of recipient
Status: in_force

205.628 Liability of recipient.

An applicant or recipient of medical assistance shall be liable to the Kentucky Medical

Assistance Program for any payment received from a third party to the extent of medical

assistance paid on the recipients' behalf under Title XIX of the Social Security Act.
KRS § 438.335 — KY Code / Title XL / Chapter 438 / Section 438.335
438.335 Enforcement by Department of Agriculture -- Retention of percentage of per pack revenue and fines
Status: in_force

438.335 Enforcement by Department of Agriculture -- Retention of percentage of

per pack revenue and fines.

The Department of Agriculture shall carry out the provisions of KRS 438.305 to 438.350

as they relate to educating the public and sellers of tobacco products, alternative nicotine

products, or vapor products about provisions and penalties of KRS 438.305 to 438.350.

The Department of Agriculture shall be entitled to the revenue produced by one-twentieth

of one cent ($0.0005) of the three-cent ($0.03) per pack revenue collected by the

Department of Revenue from the state excise tax on the sale of cigarettes as imposed by

KRS 138.140 and to keep fifty percent (50%) of any fines collected under KRS 438.305

to 438.350 to offset the costs of these education efforts.
KRS § 35.035 — KY Code / Title V / Chapter 35 / Section 35.035
35.035 Apprehension
Status: in_force

35.035 Apprehension.

(1) Apprehension is the taking of a person into custody.

(2) Any person authorized by this code or by 10 U.S.C. Chapter 47, or by regulations

issued under either, to apprehend persons subject to this code, any marshal of a

court-martial appointed pursuant to the provisions of this code, and any peace

officer or civil officer having authority to apprehend offenders under the laws of the

United States or of a state, may do so upon probable cause that an offense has been

committed and that the person apprehended committed it.

(3) Commissioned officers, warrant officers, petty officers, and noncommissioned

officers have authority to quell quarrels, frays, and disorders among persons subject

to this code and to apprehend persons subject to this code who take part therein.

(4) If an offender is apprehended outside the state, the offender's return to the

jurisdiction must be in accordance with normal extradition procedures or by

reciprocal agreement.

(5) No person authorized by this section to apprehend persons subject to this code or

the place where the offender is confined, restrained, held, or otherwise housed may

require payment of any fee or charge for receiving, apprehending, confining,

restraining, holding, or otherwise housing a person except as otherwise provided by

law.