FrankGoortani/open-us-law huggingface dataset:
KRS § 198B.712 — KY Code / Title XVII / Chapter 198B / Section 198B.712
198B.712 License required -- Qualifications -- Application -- Insurance -- Fee
Status: in_force

198B.712 License required -- Qualifications -- Application -- Insurance -- Fee.

(1) An individual shall not advertise or claim to be a home inspector and shall not

conduct a home inspection for compensation without first obtaining a license as

a home inspector.

(2) An individual shall not advertise as, claim to be, or engage in or work at the

trade of home inspection unless an owner or employee of that business is a

licensed home inspector.

(3) The board shall deny a license to any applicant who fails to:

(a) Furnish evidence satisfactory to the board, showing that the individual:

1. Is at least eighteen (18) years of age;

2. Possesses a high school diploma or a High School Equivalency

Diploma; and

3. Meets other criteria established by the board through promulgation

of administrative regulations;

(b) Verify the information submitted on the application form;

(c) Complete a board-approved training program or course of study involving

the performance of home inspections, and pass an examination

prescribed or approved by the board;

(d) Submit to the board a certificate of insurance that is acceptable to the

board and that:

1. Is issued by an insurance company or other legal entity authorized

to transact insurance business in Kentucky;

2. Provides for general liability coverage of at least two hundred fifty

thousand dollars ($250,000);

3. Lists the Kentucky Board of Home Inspectors as the certificate

holder of any insurance policy satisfying the requirements of this

paragraph;

4. States that cancellation and nonrenewal of the underlying policy is

not effective until the board receives at least ten (10) days' prior

written notice of the cancellation or nonrenewal; and

5. Contains any other terms and conditions established by the board;

or

(e) Pay a licensing fee established in KRS 198B.706.

(4) An individual applying for a license as a home inspector shall apply on a

written or electronic form prescribed and provided by the board.
KRS § 383.635 — KY Code / Title XXXII / Chapter 383 / Section 383.635
383.635 Remedies for noncompliance that affects health and safety
Status: in_force

383.635 Remedies for noncompliance that affects health and safety.

(1) If the landlord willfully and materially fails to comply with the rental agreement or

fails to comply with KRS 383.595 and such noncompliance materially affects health

and safety and the reasonable cost of compliance is less than one hundred dollars

($100), or an amount equal to one-half (1/2) of the monthly rent, whichever amount

is greater, the tenant may notify the landlord of his intention to correct the condition

at the landlord's expense. If the landlord willfully fails to comply within fourteen

(14) days after being notified by the tenant in writing or as promptly as conditions

require in case of emergency, the tenant may cause the work to be done in a

workmanlike manner and, after submitting to the landlord an itemized statement for

the work actually done and for which the tenant has paid in full, deduct from his

rent the actual and reasonable cost or the fair and reasonable value of the work, not

exceeding the amount specified in this subsection.

(2) A tenant may not repair at the landlord's expense if the condition was caused by the

deliberate or negligent act or omission of the tenant, a member of his family, or

other person on the premises with his consent.
KRS § 70.150 — KY Code / Title IX / Chapter 70 / Section 70.150
70.150 Sheriff to patrol roads -- Record of accidents
Status: in_force

70.150 Sheriff to patrol roads -- Record of accidents.

(1) The sheriff of each county and his deputies shall patrol all public roads in his

county, and direct, regulate and control the traffic on such roads so as to maintain a

maximum degree of safety.

(2) He shall, as soon as possible, after receiving information of their occurrence,

investigate all accidents and wrecks occurring upon the roads. When possible, he

shall determine the position of each of the vehicles connected therewith

immediately before and after each accident or wreck. Where accidents or wrecks

appear to have been made by the vehicles or by the parties owning, operating or

occupying the vehicles at the time of the accident or wreck, he shall make a record

of the measurement, direction and location of all tracks and visible impressions

made on and about the road that have a tendency to disclose the cause of the

accident. He shall make a record in his office of his observations and findings. He

shall ascertain, if possible, the license number of each of the vehicles connected

therewith, the number of each engine and the make of each vehicle, the name of the

state, territory, district, department and county issuing the license, the name and

address of the owner or operator of the vehicle, the name and address of each

occupant of the vehicles, the name and address of each witness, and the name and

address of each person who immediately thereafter came upon the ground or who

saw evidence of the position of the vehicles immediately before or after the accident

or wreck, or who heard a statement made by the parties owning or occupying either

vehicle as to how or who caused the accident or wreck.

(3) When any person is wounded or killed, or there is reason to believe that criminal

negligence or carelessness was the cause of the accident or wreck, the officer

making the inspection, shall take affidavits or statements from all witnesses who

have information of incriminating facts connected therewith. For the purpose of

securing affidavits or statements, each sheriff and deputy may upon his own

initiative, issue and serve a subpoena upon witnesses requiring them to testify, and

may administer an oath to each witness before testifying, and may reduce the

testimony to writing. The sheriff shall return the affidavits and statements, together

with a report in writing of all information required, to the county attorney and a

duplicate of the report and statements or affidavits to the circuit clerk for

submission to the grand jury next to be convened in his county.
KRS § 80.262 — KY Code / Title IX / Chapter 80 / Section 80.262
80.262 Formation of city-county housing authority
Status: in_force

80.262 Formation of city-county housing authority.

(1) If the governing body of a city and of a contiguous county by resolution declare that

there is a need for one (1) housing authority to be created for the city and county to

exercise in that city and county the powers and functions prescribed for a city-

county housing authority, a public body corporate and politic to be known as a

"city-county housing authority" (with such corporate name as it selects) shall

thereupon exist for all of that city and county and exercise its powers and other

functions within its area of operation (as herein defined) including the power to

undertake projects therein.

(2) Provided, however, if there is an existing municipal or county housing commission,

such resolution of the governing bodies of the city and contiguous county shall not

take effect unless preceded by a request to do so in a resolution of the existing

municipal or county housing commission or commissions. Such resolution of the

governing body of a city and of a contiguous county shall also provide for the

abolishment of any municipal and contiguous county housing commissions existing

in the city and county adopting the resolution, on a day certain, on which day the

authority, responsibilities, personnel and property, both real and personal, of said

municipal and contiguous county housing commissions are then and there

transferred to the newly created city-county housing authority, and the present

commissioners of the existing municipal and contiguous county housing

commissions shall continue to serve out their appointed terms as members of the

newly created city-county housing authority. Thereafter, appointments shall be

made as provided in KRS 80.266.

(3) The city and county housing commissions to be abolished are hereby authorized and

directed to take such actions and to execute such documents as will carry into effect

the provisions and the intent of the resolutions and as will carry into effect said

transfer.
KRS § 15.725 — KY Code / Title III / Chapter 15 / Section 15.725
15.725 Duties of Commonwealth's attorney and county attorneys -- Agreements to share or redistribute prosecutorial duties -- Circuit clerk's authority to issue criminal warrants
Status: in_force

15.725 Duties of Commonwealth's attorney and county attorneys -- Agreements to

share or redistribute prosecutorial duties -- Circuit clerk's authority to issue

criminal warrants.

(1) The Commonwealth's attorney shall attend each Circuit Court held in his judicial

circuit. He shall, except as provided in KRS 15.715 and KRS Chapter 131, have the

duty to prosecute all violations whether by adults or by juveniles subject to the

jurisdiction of the Circuit Court of the criminal and penal laws which are to be tried

in the Circuit Court in his judicial circuit. In addition, he shall have the primary

responsibility within his judicial circuit to present evidence to the grand jury

concerning such violations.

(2) The county attorney shall attend the District Court in his county and prosecute all

violations whether by adults or by juveniles subject to the jurisdiction of the regular

or juvenile session of the District Court of criminal and penal laws, except as

provided in KRS Chapter 131, within the jurisdiction of said District Court.

(3) The Commonwealth's attorney and county attorneys in a judicial circuit shall

cooperate in the enforcement of criminal and penal laws of the Commonwealth.

When necessary, the Commonwealth's attorney and county attorney shall assist each

other in prosecution within their respective courts. Each Commonwealth's attorney

and county attorney may enter into agreements to share or redistribute prosecutorial

duties in the Circuit and District Courts. Any prosecutorial or related duty assigned

by statute to the Commonwealth's attorney may be performed by the county

attorney, and any prosecutorial or related duty assigned by statute to the county

attorney may be performed by the Commonwealth's attorney pursuant to these

agreements. Copies of the agreements shall when executed be forwarded to the

Attorney General, the chief judges of the Circuit and District Courts, and the chief

regional judges of the Circuit and District Courts.

(4) The Prosecutors Advisory Council shall in allocating resources between the

Commonwealth's and county attorney take the agreements into account.

(5) In the event of the absence from a county of all District Judges and all Circuit

Judges and all trial commissioners, the circuit clerk in each county may issue

criminal warrants prepared by the Commonwealth's attorney or county attorney,

who shall certify that there is no District Judge, Circuit Judge, or trial commissioner

within the county.
KRS § 395.300 — KY Code / Title XXXIV / Chapter 395 / Section 395.300
395.300 Successor may sue former representative
Status: in_force

395.300 Successor may sue former representative.

An administrator de bonis non or any other successor appointed in the place of a personal

representative who has resigned or has been removed or whose letters have been revoked,

or who has ceased to act or has died, may maintain an action against the former personal

representative and the sureties on the administration bond and against the predecessor's

real and personal representatives, for all damages or debts arising from the

maladministration or omission of the predecessor.
KRS § 367.403 — KY Code / Title XXIX / Chapter 367 / Section 367.403
367.403 Bond requirement
Status: in_force

367.403 Bond requirement.

(1) Every club that has a membership fee in excess of thirty-five dollars ($35) shall

maintain a bond of fifty thousand dollars ($50,000) issued by a surety company

admitted to do business in this state.

(2) The bond required by this section shall be in favor of the Attorney General of the

Commonwealth of Kentucky for the benefit of any member who suffers loss of

prepayment made pursuant to a contract entered into after July 15, 1982, due to

insolvency of the club or the cessation of business by the club, or failure by the club

to perform under any contract. A copy of the bond shall be filed with the Attorney

General prior to the making of any membership contract by a club. Any person

claiming against the bond may maintain an action at law against the club and the

surety. Failure to so maintain a bond as required by this section shall make the

principals of any club personally liable for the claims of members.

(3) The aggregate liability of the surety to all persons for all breaches of the conditions

of the bonds provided herein shall in no event exceed the amount of the bond.
KRS § 396.065 — KY Code / Title XXXIV / Chapter 396 / Section 396.065
396.065 Waiver of defense of limitations
Status: in_force

396.065 Waiver of defense of limitations.

If an estate is solvent the personal representative, with the consent of all successors of the

decedent whose interests would be affected, may waive any defense of limitations

available to the estate. If the defense is not waived, no claim which was barred by any

statute of limitations at the time of the decedent's death shall be allowed or paid.
KRS § 82.640 — KY Code / Title IX / Chapter 82 / Section 82.640
82.640 Title
Status: in_force

82.640 Title.

KRS 82.600 to 82.635 may be cited as the "Local Government Parking Citation

Enforcement Act."
KRS § 211.904 — KY Code / Title XVIII / Chapter 211 / Section 211.904
211.904 Educational programs
Status: in_force

211.904 Educational programs.

The secretary shall establish an educational program to inform parents, teachers,

personnel of human resource agencies, owners of dwellings and dwelling units, health

service personnel and the general public, of the dangers, frequency, and sources of lead

poisoning and the methods of preventing such poisoning.
KRS § 386.458 — KY Code / Title XXXIII / Chapter 386 / Section 386.458
386.458 Distribution to residuary and remainder beneficiaries
Status: in_force

386.458 Distribution to residuary and remainder beneficiaries.

(1) Each beneficiary described in KRS 386.456(4) is entitled to receive a portion of the

net income equal to the beneficiary's fractional interest in undistributed principal

assets, using values as of the distribution date. If a fiduciary makes more than one

(1) distribution of assets to beneficiaries to whom this section applies, each

beneficiary, including one (1) who shall not receive part of the distribution, is

entitled, as of each distribution date, to the net income the fiduciary has received

after the date of the death or terminating event or earlier distribution date but has

not distributed as of the current distribution date.

(2) In determining a beneficiary's share of net income, the following rules apply:

(a) The beneficiary is entitled to receive a portion of the net income equal to the

beneficiary's fractional interest in the undistributed principal assets

immediately before the distribution date, including assets that later may be

sold to meet principal obligations.

(b) The beneficiary's fractional interest in the undistributed principal assets shall

be calculated without regard to property specifically given to a beneficiary and

property required to pay pecuniary amounts not in trust.

(c) The beneficiary's fractional interest in the undistributed principal assets shall

be calculated on the basis of the aggregate value of those assets as of the

distribution date without reducing the value by an unpaid principal obligation.

(d) The distribution date for purposes of this section may be the date as of which

the fiduciary calculates the value of the assets if that date is reasonably near

the date on which assets are actually distributed.

(3) If a fiduciary does not distribute all of the collected but undistributed net income to

each person as of a distribution date, the fiduciary shall maintain appropriate

records showing the interest of each beneficiary in that net income.

(4) A fiduciary may apply the rules in this section, to the extent that the fiduciary

considers it appropriate, to net gain or loss realized after the date of death or

terminating event or earlier distribution date from the disposition of a principal

asset if this section applies to the income from the asset.
KRS § 13A.344 — KY Code / Title III / Chapter 13A / Section 13A.344
13A.344 Unenforceability of 902 KAR 2:213E, Childcare Standards for Covering the Face in Response to Declared National or State Public Health Emergency, as of September 9, 2021
Status: in_force

13A.344 Unenforceability of 902 KAR 2:213E, Childcare Standards for Covering the

Face in Response to Declared National or State Public Health Emergency, as of

September 9, 2021.

(1) The General Assembly finds that 902 KAR 2:213E, Childcare Standards for Covering

the Face in Response to Declared National or State Public Health Emergency, was found

deficient but remained effective notwithstanding the finding of deficiency pursuant to KRS

13A.330, on or after March 30, 2021, and before September 9, 2021, as evidenced by

the records of the Legislative Research Commission.

(2) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the

administrative regulation referenced in subsection (1) of this section shall be null, void, and

unenforceable as of September 9, 2021.

(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the

administrative body shall be prohibited from promulgating an administrative regulation that

is identical to, or substantially the same as, the administrative regulation referenced in

subsection (1) of this section for a period beginning on September 9, 2021, and

concluding on June 1, 2023.

(4) The administrative regulation referenced in subsection (1) of this section shall be available

to the public, in the office of the Legislative Research Commission's regulations compiler.
KRS § 189.910 — KY Code / Title XVI / Chapter 189 / Section 189.910
189.910 Definitions for KRS 189.920 to 189.950
Status: in_force

189.910 Definitions for KRS 189.920 to 189.950.

(1) As used in KRS 189.920 to 189.950, "emergency vehicle" means any vehicle used

for emergency purposes by:

(a) The Department of Kentucky State Police;

(b) A public police department;

(c) The Department of Corrections;

(d) A sheriff's office;

(e) A rescue squad;

(f) An emergency management agency if it is a publicly owned vehicle;

(g) A licensed ambulance service, mobile integrated healthcare program, or

medical first response provider licensed by the Kentucky Board of Emergency

Medical Services, for any vehicle used to respond to emergencies or to

transport a patient with a critical medical condition;

(h) Any vehicle commandeered by a police officer;

(i) Any vehicle with the emergency lights required under KRS 189.920 used by a

paid or volunteer fireman or paid or volunteer ambulance personnel, or a paid

or local emergency management director while responding to an emergency

or to a location where an emergency vehicle is on emergency call;

(j) An elected coroner granted permission to equip a publicly or privately owned

motor vehicle with lights and siren pursuant to KRS 189.920;

(k) A deputy coroner granted permission to equip a publicly or privately owned

motor vehicle with lights and siren pursuant to KRS 189.920;

(l) Any vehicle used by an organ procurement organization while transporting a

human organ or tissue for the purpose of organ recovery or transplantation in

an emergency situation involving an imminent health risk; or

(m) A game warden of the Kentucky Department of Fish and Wildlife Resources.

(2) As used in KRS 189.920 to 189.950, "public safety vehicle" means public utility

repair vehicle; wreckers; state, county, or municipal service vehicles and

equipment; highway equipment which performs work that requires stopping and

standing or moving at slow speeds within the traveled portions of highways; and

vehicles which are escorting wide-load or slow-moving trailers or trucks.
KRS § 393A.850 — KY Code / Title XXXIV / Chapter 393A / Section 393A.850
393A.850 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

393A.850 Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, or supersedes 15 U.S.C. secs. 7001 et seq., but does not

modify, limit, or supersede 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any

of the notices described in 15 U.S.C. sec. 7003(b).
KRS § 13B.040 — KY Code / Title III / Chapter 13B / Section 13B.040
13B.040 Qualifications of hearing officer
Status: in_force

13B.040 Qualifications of hearing officer.

(1) A person who has served as an investigator or prosecutor in an administrative

hearing or in its preadjudicative stage shall not serve as hearing officer or assist or

advise a hearing officer in the same proceeding. This shall not be construed as

preventing a person who has participated as a hearing officer in a determination of

probable cause or other equivalent preliminary determination from serving as a

hearing officer in the same proceeding.

(2) (a) A hearing officer, agency head, or member of an agency head who is serving

as a hearing officer shall voluntarily disqualify himself and withdraw from any

case in which he cannot afford a fair and impartial hearing or consideration.

Any party may request the disqualification of a hearing officer, agency head,

or member of the agency head by filing an affidavit, upon discovery of facts

establishing grounds for a disqualification, stating the particular grounds upon

which he claims that a fair and impartial hearing cannot be accorded. A

request for the disqualification of a hearing officer shall be answered by the

agency head within sixty (60) days of its filing. The request for

disqualification and the disposition of the request shall be a part of the official

record of the proceeding. Requests for disqualification of a hearing officer

shall be determined by the agency head. Requests for disqualification of a

hearing officer who is a member of the agency head shall be determined by

the majority of the remaining members of the agency head.

(b) Grounds for disqualification of a hearing officer shall include, but shall not be

limited to, the following:

1. Serving as an investigator or prosecutor in the proceeding or the

preadjudicative stages of the proceeding;

2. Participating in an ex parte communication which would prejudice the

proceedings;

3. Having a pecuniary interest in the outcome of the proceeding; or

4. Having a personal bias toward any party to a proceeding which would

cause a prejudgment on the outcome of the proceeding.