FrankGoortani/open-us-law huggingface dataset:
KRS § 39C.060 — KY Code / Title V / Chapter 39C / Section 39C.060
39C.060 Request for financial aid -- Review and evaluation criteria
Status: in_force

39C.060 Request for financial aid -- Review and evaluation criteria.

(1) Local emergency management agencies requesting financial aid from the fund

created pursuant to KRS 39C.010 and 39C.020, shall submit, not later than July 15

of each year, a local "Annual Program Paper" application to the area manager of the

division.

(2) The area manager shall review the application and accompanying documents and

forward them to the director of the division along with the area manager's

assessments and recommendations, not later than August 15 of each year.

(3) The director shall submit the request for financial aid to the advisory committee for

its review and recommendations. The advisory committee shall review the

application, accompanying documents, and the assessment and recommendation of

the area manager and make a recommendation to the director with regard to the

application and the request for funding.

(4) Requests for funding shall be evaluated by the following criteria:

(a) Meeting the eligibility criteria specified in KRS 39C.050, unless some aspect

thereof has been waived as provided in KRS 39C.090.

(b) Meeting all the requirements specified by the division for developing,

preparing, maintaining, and submitting the annual program paper.

(c) Local emergency operations plans submitted and a determination of their

conformity to the Kentucky Emergency Operations Plan, and an assessment of

their capability, state of currency, sign of official adoption, and general

adequacy to provide for the coordination of disaster and emergency response

operations.

(d) Past program performance of the local director in fully carrying out the duties

of local director as specified in KRS 39B.030, and overall program

performance as it relates to completeness, adequacy, and timeliness in

accomplishing program tasks, objectives, or goals.

(e) Historical spending records for this and similar programs.

(f) Local resources committed to the program on a per capita basis.

(5) If available funds do not meet the total funds requested by all local emergency

management agencies, then funding allocations may be reduced after a

reevaluation of the criteria set forth in subsection (4) of this section.

(6) The director of the Division of Emergency Management shall then review and

evaluate each application, together with the recommendations thereon, and not later

than September 15 of each year, designate and approve funds for eligible local

emergency management agencies and notify the local director.
KRS § 371.400 — KY Code / Title XXX / Chapter 371 / Section 371.400
371.400 Definitions for KRS 371.400 to 371.425
Status: in_force

371.400 Definitions for KRS 371.400 to 371.425.

As used in KRS 371.400 to 371.425:

(1) "Construction" means the process of building, altering, repairing, improving, or

demolishing any structures or buildings, or other improvements of any kind to any

real property, but does not include processing equipment used for the process of

manufacturing or the routine maintenance of existing structures, buildings, or real

property;

(2) "Contract" means a contract or agreement concerning construction made and

entered into by and between a contracting entity and a contractor, a contractor and a

subcontractor, or a subcontractor and another subcontractor;

(3) "Contracting entity" means an owner of real property; a trustee or agent of an owner

of real property; or a public official, public authority, or other public entity

authorized to contract under the Kentucky Revised Statutes;

(4) "Contractor" means a person performing construction and having a contract with a

contracting entity;

(5) "Disputed amount" means to question in good faith the validity, either in whole or

part, of a request for payment asserted by any party;

(6) "Owner" means a person who holds an ownership interest in real property;

(7) "Person" means an individual, corporation, estate, trust, partnership, limited liability

company, association, joint venture, or any other legal entity;

(8) "Processing equipment" means equipment which uses physical or chemical methods

to increase the value of a raw material or product and is installed by the person

contractually responsible to the contracting entity for the design, purchase,

installation, and performance of that equipment;

(9) "Retainage" means money earned by a contractor or subcontractor but withheld to

ensure proper performance by the contractor or subcontractor and that shall be paid

upon completion of contractual obligations;

(10) "Subcontractor" means any person performing construction covered by a contract

between a contracting entity and a contractor who does not have a contract with the

contracting entity; and

(11) "Undisputed amount" means a good faith, valid, accurate, timely request for

payment which has been submitted to any entity owing money, that the recipient of

the request for payment has reviewed and agrees that the money is due and owing.
KRS § 292.6507 — KY Code / Title XXV / Chapter 292 / Section 292.6507
292.6507 Ownership on death of owner
Status: in_force

292.6507 Ownership on death of owner.

On death of a sole owner or the last to die of all multiple owners, ownership of securities

registered in beneficiary form passes to the beneficiary or beneficiaries who survive all

owners. On proof of death of all owners and compliance with any applicable requirements

of the registering entity, a security registered in beneficiary form may be reregistered in

the name of the beneficiary or beneficiaries who survived the death of all owners. Until

division of the security after the death of all owners, multiple beneficiaries surviving the

death of all owners hold their interests as tenants in common. If no beneficiary survives

the death of all owners, the security belongs to the estate of the deceased sole owner or

the estate of the last to die of all multiple owners.
KRS § 457.370 — KY Code / Title XLII / Chapter 457 / Section 457.370
457.370 Benefits from governmental programs or civil or military service
Status: in_force

457.370 Benefits from governmental programs or civil or military service.

(1) In this section, "benefits from governmental programs or civil or military service"

means any benefit, program or assistance provided under a statute or regulation

including Social Security, Medicare, and Medicaid.

(2) Unless the power of attorney otherwise provides, language in a power of attorney

granting general authority with respect to benefits from governmental programs or

civil or military service authorizes the agent to:

(a) Execute vouchers in the name of the principal for allowances and

reimbursements payable by the United States or a foreign government or by a

state or subdivision of a state to the principal, including allowances and

reimbursements for transportation of the individuals described in KRS

457.360(1)(a), and for shipment of their household effects;

(b) Take possession and order the removal and shipment of property of the

principal from a post, warehouse, depot, dock, or other place of storage or

safekeeping, either governmental or private, and execute and deliver a release,

voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument

for that purpose;

(c) Enroll in, apply for, select, reject, change, amend, or discontinue, on the

principal’s behalf, a benefit or program;

(d) Prepare, file, and maintain a claim of the principal for a benefit or assistance,

financial or otherwise, to which the principal may be entitled under a statute

or regulation;

(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose,

or propose or accept a compromise with respect to litigation concerning any

benefit or assistance the principal may be entitled to receive under a statute or

regulation; and

(f) Receive the financial proceeds of a claim described in paragraph (d) of this

subsection and conserve, invest, disburse, or use for a lawful purpose anything

so received.
KRS § 425.091 — KY Code / Title XXXIX / Chapter 425 / Section 425.091
425.091 Levy on property
Status: in_force

425.091 Levy on property.

(1) Except as otherwise provided in this section, upon receipt of the writ of possession

the levying officer shall search for and take custody of the specified property, if it be

in the possession of the defendant or his agent, either by removing the property to a

place of safe keeping or upon order of the judicial officer by installing a keeper.

(2) If the specified property is used as a dwelling, levy shall be made by placing a

keeper in charge of the property for two (2) days at the plaintiff's expense, after

which period the levying officer shall remove the occupants and any contents not

specified in the writ and shall take exclusive possession of the property.

(3) If the specified property or any part of it is in a private place, the levying officer

shall at the time he demands possession of the property announce his identity,

purpose and authority. If the property is not voluntarily delivered, the levying

officer may cause any building or enclosure where the property may be located to be

broken open in such a manner as he reasonably believes will cause the least damage

and may call upon the power of any other law enforcement officers of the county to

aid and protect him, but, if he reasonably believes that entry and seizure of the

property will involve a substantial risk of death or serious bodily harm to any person

he shall refrain from seizing the property and shall promptly make a return to the

court from which the writ issued setting forth the reasons for his belief that the risk

exists. In such case, the judicial officer shall make such orders as may be

appropriate.

(4) Nothing in this section authorizes the levying officer to enter or search any private

place not specified in the writ of possession or other order of the judicial officer.
KRS § 196.120 — KY Code / Title XVII / Chapter 196 / Section 196.120
196.120 Department may acquire farm lands
Status: in_force

196.120 Department may acquire farm lands.

(1) The Department of Corrections may lease or purchase farm lands, improved or

unimproved, for the employment of the inmates of the institutions under its

supervision. The Department of Corrections may prescribe administrative

regulations for the support and maintenance of prisoners while at work on the farm,

and may construct all necessary improvements on any lands purchased under this

section.

(2) Before land is leased, the lease shall first be approved by the Governor and the lease

shall be limited to the term of the Governor approving it. The contract price of the

lease shall be certified to the Finance and Administration Cabinet and paid as other

claims against the state.
KRS § 342.135 — KY Code / Title XXVII / Chapter 342 / Section 342.135
342.135 Notice, how served -- Notice to nonresident alien
Status: in_force

342.135 Notice, how served -- Notice to nonresident alien.

Any notice required to be given under this chapter shall be considered properly given and

served when deposited in the mail in a registered letter or package properly stamped and

addressed to the person to whom notice is to be given at his last known address and in

time to reach him in due time to act thereon. Notice may also be given and served like

notices in civil actions. Any notice given and served as provided in this section to the

consular representative of the nation of which any nonresident dependent of a deceased

employee is a citizen or subject, or to the authorized agent or representative of any such

official residing in this state, shall be deemed to have been properly given and served

upon such dependent.
KRS § 411.070 — KY Code / Title XXXVI / Chapter 411 / Section 411.070
411.070 Liability for falsely stating financial condition
Status: in_force

411.070 Liability for falsely stating financial condition.

Any person who violates KRS 517.090 shall be personally liable to any person damaged

by the violation for the amount of the damage. This section shall not release the principal

for whom the person may have acted from any liability, but the person liable and the

principal for whom he acted in violating this section shall be jointly and severally liable.
KRS § 151B.133 — KY Code / Title XII / Chapter 151B / Section 151B.133
151B.133 Duties of Office of the Kentucky Center for Statistics
Status: in_force

151B.133 Duties of Office of the Kentucky Center for Statistics.

The duties of the Office of the Kentucky Center for Statistics shall be to:

(1) Oversee and maintain the warehouse of data in the Kentucky Longitudinal Data

System;

(2) Develop de-identification standards and processes using modern statistical methods;

(3) Conduct research and evaluation regarding federal, state, and local education and

training programs at all levels;

(4) Audit and ensure compliance of education and training programs with applicable

federal and state requirements as authorized by federal and state law;

(5) Work with public agencies and other entities to define statewide education,

workforce development, and employment metrics and ensure the integrity and

quality of data being collected;

(6) Link data from multiple sources for consideration in developing broad public policy

initiatives;

(7) Develop requirements and definitions for data to be provided by any public agency,

private institution of higher education, private school, or parochial school, as

directed by the Board of the Kentucky Center for Statistics;

(8) Develop a reasonable fee schedule for services provided;

(9) Establish data quality standards;

(10) Promulgate administrative regulations necessary for the proper administration of the

Kentucky Longitudinal Data System;

(11) Ensure compliance with the federal Family Educational Rights and Privacy Act, 20

U.S.C. sec 1232g, and all other relevant federal and state privacy laws;

(12) Respond to approved research data requests in accordance with the data access and

use policy established by the board;

(13) Develop and disseminate, in cooperation with the Council on Postsecondary

Education and the Department of Education, information on the employment and

earnings of the public postsecondary institution graduates in Kentucky. This

information shall be updated at least every three (3) years and shall be:

(a) Posted on the Web site of the Office of the Kentucky Center for Statistics;

(b) Posted on the Web site of the Council on Postsecondary Education;

(c) Posted on the Web site of each public postsecondary institution, with the Web

site address published in each institution's catalogue; and

(d) Made available to every high school guidance and career counselor, who shall

be notified of its availability for the purpose of informing all high school

students preparing for postsecondary education; and

(14) Enter into contracts or other agreements with appropriate entities, including but not

limited to federal, state, and local agencies, to the extent necessary to carry out its

duties and responsibilities only if such contracts or agreements incorporate adequate

protections with respect to the confidentiality of any information to be shared.
KRS § 269.070 — KY Code / Title XXII / Chapter 269 / Section 269.070
269.070 County may drain land -- Payment of cost -- Acquisition of necessary land
Status: in_force

269.070 County may drain land -- Payment of cost -- Acquisition of necessary land.

Any county may remove any ponds, pools, or swamp marshes, or reclaim swamp land

that may cause sickness in the county, by ditching, leveeing, or cleaning out logs and

brush that may cause any creek to scatter or form pools of stagnant water. The cost shall

be paid for out of the county levy or by taxation of the property in the county subject to

taxation for state purposes. When the fiscal court undertakes such a project, it may

acquire for the county by contract or condemnation any land necessary to carry out the

project. If condemnation proceedings are necessary, they shall be conducted in the

manner provided in the Eminent Domain Act of Kentucky.
KRS § 95.930 — KY Code / Title IX / Chapter 95 / Section 95.930
95.930 Investment pools
Status: in_force

95.930 Investment pools.

The board may create various investment pools within the fund, restricted to certain types

of investments, or combining various investments in order to offer different levels of

return and risk. Each participant may choose those pools in which it will invest, and the

degree of investment.
KRS § 15.728 — KY Code / Title III / Chapter 15 / Section 15.728
15.728 Notification to Office of Charitable Gaming of investigation or prosecution of violation of charitable gaming laws
Status: in_force

15.728 Notification to Office of Charitable Gaming of investigation or prosecution

of violation of charitable gaming laws.

All law enforcement agencies and investigative bodies shall notify the Office of

Charitable Gaming of any investigation or prosecution of any violation of the charitable

gaming laws as soon as reasonably possible after commencing the investigation or

prosecution and shall coordinate any investigation with the office.
KRS § 61.396 — KY Code / Title VIII / Chapter 61 / Section 61.396
61.396 Employees of political subdivisions eligible
Status: in_force

61.396 Employees of political subdivisions eligible.

All officers and employees of counties, municipalities, school districts or other political

subdivisions of the state who are members of the National Guard or of any reserve

component of the Armed Forces of the United States, including the United States Public

Health Service, shall be granted annual military leave by their respective employers as

provided in KRS 61.394.
KRS § 211.660 — KY Code / Title XVIII / Chapter 211 / Section 211.660
211.660 Kentucky birth surveillance registry -- Department's authority to promulgate administrative regulations
Status: in_force

211.660 Kentucky birth surveillance registry -- Department's authority to

promulgate administrative regulations.

(1) The Department for Public Health shall establish and maintain a Kentucky birth

surveillance registry that will provide a system for the collection of information

concerning birth defects, stillbirths, and high-risk conditions. The system may cover

all or part of the Commonwealth.

(2) In establishing the system, the department may review vital statistics records, and

shall also consider expanding the current list of congenital anomalies and high-risk

conditions as reported on birth certificates.

(3) (a) The department may require general acute-care hospitals licensed under KRS

Chapter 216B to maintain a list of all inpatients and voluntarily to maintain a

list of all outpatients up to the age of five (5) years with a primary diagnosis

of a congenital anomaly or high-risk condition as defined by the department

upon the recommendation of the appointed advisory committee. Hospital

participation regarding its outpatients shall be voluntary and subject to the

discretion of each hospital.

(b) The department may require medical laboratories licensed under KRS Chapter

333 to maintain medical records for all persons up to the age of five (5) years

with a primary diagnosis of or a laboratory test result indicating congenital

anomaly or high-risk condition as defined by the department upon the

recommendation of the appointed advisory committee.

(4) Each licensed freestanding birthing center, general acute-care hospital licensed

under KRS Chapter 216B, and medical laboratory licensed under KRS Chapter 333

shall grant, if required or otherwise participating voluntarily under the provisions of

subsection (3) of this section, to any Kentucky Birth Surveillance Registry

personnel or his or her designee, upon presentation of proper identification, access

to the medical records of any patient meeting the criteria in subsection (3) of this

section. If the department's agent determines that copying of the medical records is

necessary, associated costs shall be borne by the Department for Public Health at

the rate pursuant to KRS 422.317.

(5) No liability of any kind, character, damages, or other relief shall arise or be

enforced against any licensed freestanding birthing center, general acute-care

hospital, or medical laboratory by reason of having provided the information or

material to the Kentucky Birth Surveillance Registry.

(6) The Department for Public Health may implement the provisions of KRS 211.651

to 211.670 through the promulgation of administrative regulations in accordance

with the provisions of KRS Chapter 13A.
KRS § 532.354 — KY Code / Title L / Chapter 532 / Section 532.354
532.354 Copayment for medical treatment
Status: in_force

532.354 Copayment for medical treatment.

(1) A local government may require prisoners to make a reasonable copayment in

advance of medical treatment received through a regional jail facility. No prisoner

shall be denied medical treatment by reason of indigency, but a prisoner may be

required to pay for medical treatment as part of any reimbursement order entered by

the sentencing court.

(2) Any copayment shall be collected by the jailer or his designee and, after it is

properly accounted for, shall be paid to the appropriate local government authority.
KRS § 65.7636 — KY Code / Title IX / Chapter 65 / Section 65.7636
65.7636 Lifeline program provider to collect and remit monthly CMRS service charge to board -- Enforcement of service charge collection -- No impact on CMRS fees imposed prior to January 1, 2017 -- Prohibited use of moneys received
Status: in_force

65.7636 Lifeline program provider to collect and remit monthly CMRS service

charge to board -- Enforcement of service charge collection -- No impact on

CMRS fees imposed prior to January 1, 2017 -- Prohibited use of moneys

received.

(1) As used in this section, "Lifeline provider" means a CMRS provider that the

Kentucky Public Service Commission has deemed or deems eligible to participate

in the wireless low-income Lifeline program and to receive reimbursement from the

universal service fund managed by the Federal Communications Commission

pursuant to the federal Telecommunications Act of 1996, 47 U.S.C. secs. 151 et

seq.

(2) A Lifeline provider shall be liable for a CMRS service charge equal to the amount

of the CMRS postpaid service charge levied under KRS 65.7629 and shall remit a

monthly payment to the Kentucky 911 Services Board equal to the product of the

following factors:

(a) The amount of the postpaid CMRS service charge levied under KRS 65.7629;

and

(b) The number of unique end users with Kentucky addresses for which the

Lifeline provider received reimbursement from the universal service fund

during the immediately preceding month.

(3) All service charges levied by this section are due and payable to the board monthly

and shall be remitted on or before thirty (30) days after the end of the calendar

month. Collection actions may be initiated by the state, on behalf of the board, in

the Franklin Circuit Court or any other court of competent jurisdiction, and the

reasonable costs and attorney's fees which are incurred in connection with any such

collection action may be awarded by the court to the prevailing party in the action.

(4) Nothing in this section shall be interpreted or otherwise construed to impact

litigation pending in the courts of the Commonwealth commencing on or before

March 1, 2016, regarding the application of CMRS fees imposed prior to January 1,

2017, to CMRS providers receiving reimbursement from the universal service fund.

(5) A Lifeline provider shall not use any moneys received for participation in the

wireless low-income Lifeline program from the universal service fund managed by

the Federal Communications Commission pursuant to the federal

Telecommunications Act of 1996, 41 U.S.C. secs. 151 et seq., to pay for any portion

of the CMRS service charge levied on the Lifeline provider under this section.