FrankGoortani/open-us-law huggingface dataset:
KRS § 423.325 — KY Code / Title XXXVIII / Chapter 423 / Section 423.325
423.325 Personal knowledge and satisfactory evidence of identity -- Use of communication technology -- Additional information
Status: in_force

423.325 Personal knowledge and satisfactory evidence of identity -- Use of

communication technology -- Additional information.

(1) A notarial officer has personal knowledge of the identity of an individual appearing

before the officer if the individual is personally known to the officer through

dealings sufficient to provide reasonable certainty that the individual has the

identity claimed.

(2) A notarial officer has satisfactory evidence of the identity of an individual appearing

before the officer if the officer can identify the individual by means of one (1) of the

following credentials:

(a) A non-expired passport, driver’s license, or government-issued identification

card;

(b) Another current form of government identification issued to an individual,

which contains the signature and a photograph of the individual, and is

satisfactory to the notarial officer; or

(c) If the means presented in paragraphs (a) and (b) of this subsection are

unavailable, verification on oath or affirmation of a credible witness

personally appearing before the notarial officer and known to the notarial

officer or whom the notarial officer can identify on the basis of a current

passport, driver’s license, or government-issued identification card.

(3) Notwithstanding subsection (2) of this section, in performing an electronic

notarization, an online notary public has satisfactory evidence of the identity of an

individual appearing before the online notary public if the online notary public can

identify the individual through the use of communication technology that meets the

requirements of this section and the administrative regulations promulgated by the

Secretary of State under KRS 423.355(7) and 423.415, and by the following:

(a) The online notary public's personal knowledge of the individual; or

(b) Each of the following:

1. Remote presentation by the individual of a government-issued

identification credential specified in this section that contains the

signature and photograph of the individual;

2. Credential analysis of the identification credential described by

subparagraph 1. of this paragraph; and

3. Identity proofing of the individual, which may include a dynamic

knowledge-based authentication assessment; or

(c) A valid public key certificate that complies with the administrative regulations

promulgated by the Secretary of State pursuant to KRS 423.415.

(4) A notarial officer may require an individual to provide additional information or

identification credentials necessary to assure the notarial officer of the identity of

the individual.
KRS § 511.090 — KY Code / Title L / Chapter 511 / Section 511.090
511.090 General provisions
Status: in_force

511.090 General provisions.

(1) A person "enters or remains unlawfully" in or upon premises when he is not

privileged or licensed to do so.

(2) A person who, regardless of his intent, enters or remains in or upon premises which

are at the time open to the public does so with license or privilege unless he defies a

lawful order not to enter or remain personally communicated to him by the owner of

such premises or other authorized person.

(3) A license or privilege to enter or remain in or upon premises which are only partly

open to the public is not a license or privilege to enter or remain in or upon a part of

the premises which is not open to the public.

(4) A person who enters or remains upon unimproved and apparently unused land

which is neither fenced nor otherwise enclosed does not commit criminal trespass

unless notice against trespass is personally communicated to him by the owner of

the land or some other authorized person or unless notice is given by posting in a

conspicuous manner.

(5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall

be presumed to be land where notice against trespassing has been given by the

owner of the land, and a person utilizing the railtrail shall be presumed to lack

privilege or license to enter upon that land unless the person has permission from an

adjoining landowner to do so.
KRS § 440.460 — KY Code / Title XL / Chapter 440 / Section 440.460
440.460 "Appropriate court" defined
Status: in_force

440.460 "Appropriate court" defined.

The phrase "appropriate court" as used in the agreement on detainers shall, with reference

to the courts of this state, mean the Circuit Court of competent jurisdiction.
KRS § 165A.490 — KY Code / Title XIII / Chapter 165A / Section 165A.490
165A.490 Suspension or revocation of, or refusal to issue or renew, license
Status: in_force

165A.490 Suspension or revocation of, or refusal to issue or renew, license.

The commission shall, upon receipt of satisfactory evidence, suspend, revoke, refuse to

issue, or refuse to renew the license of a CDL driver training school or a CDL driver

training instructor if:

(1) The licensee fails or refuses to comply with the provisions of this chapter or any

administrative regulation adopted hereunder;

(2) The licensee has made a false material statement or has concealed a material fact in

connection with his or her application;

(3) The licensee or any partner or other person directly interested in the CDL driver

training school held a license issued under this chapter which was revoked or

suspended and not reinstated;

(4) The licensee has been guilty of a fraudulent practice in attempting to obtain for

himself or another a license to operate a motor vehicle; or

(5) Written notice of the cancellation of insurance required by KRS 165A.475 is

received by the commission, and the licensee does not present satisfactory evidence

of insurance to the secretary prior to the effective date of the cancellation.
KRS § 16.176 — KY Code / Title III / Chapter 16 / Section 16.176
16.176 Missing child notification system -- Kentucky Ian Alert System -- Requirements -- Notification by department -- Cooperation by all law enforcement agencies
Status: in_force

16.176 Missing child notification system -- Kentucky Ian Alert System --

Requirements -- Notification by department -- Cooperation by all law

enforcement agencies.

(1) The Department of Kentucky State Police, in cooperation with the Transportation

Cabinet, the Division of Emergency Management, and media providers, shall create

and operate a system to notify the public when any individual is determined to be a

missing child and the department determines that public notification might aid in

the recovery of the individual. The system shall be known as the Kentucky Ian

Alert System.

(2) The system shall utilize existing resources, including but not limited to electronic

highway signs, the Amber Alert System, the emergency broadcast system, law

enforcement communications systems, and local, regional, and statewide media

providers, as authorized and under conditions permitted by the federal government.

(3) No public alert using the system shall be issued unless the department, in

consultation with the law enforcement agency in the jurisdiction where the missing

child was reported, has determined:

(a) That the physical safety of the missing child may be endangered;

(b) That public notification is the most appropriate method of recovering the

missing child in a safe and efficient manner; and

(c) The geographic area in which the notification shall be made.

(4) If it is determined by the department that public notification shall be initiated, the

department shall notify and provide the public and private agencies and

organizations that will provide the notification with the information that the

department deems necessary.

(5) All law enforcement agencies in the Commonwealth shall cooperate with the

department in the provision and dissemination of information regarding any missing

child.

(6) No law enforcement agency, other than the department, shall activate the

notification system specified in this section without the authority of the department.

(7) The system shall be operated by all agencies of the Commonwealth within existing

budgetary appropriations.
KRS § 164.070 — KY Code / Title XIII / Chapter 164 / Section 164.070
164.070 Place of meeting
Status: in_force

164.070 Place of meeting.

The council shall meet in the office of the president or such other place as it designates.
KRS § 205.6317 — KY Code / Title XVII / Chapter 205 / Section 205.6317
205.6317 Department for Medicaid Services to develop strategies for reimbursing and paying persons participating in the Supports for Community Living Waiver Program -- Allocation of slots -- Administrative regulations -- Funding
Status: in_force

205.6317 Department for Medicaid Services to develop strategies for reimbursing

and paying persons participating in the Supports for Community Living

Waiver Program -- Allocation of slots -- Administrative regulations -- Funding.

(1) As used in this section:

(a) "Supports for Community Living Waiver Program" means funding from the

Department for Medicaid Services to serve individuals with an intellectual

disability or other developmental disabilities who qualify for intermediate care

and choose to live in a community-based setting and includes funding for a

self-determination model that provides the ability for the individual receiving

services and supports to personally control, with appropriate assistance, a

targeted amount of dollars; and

(b) "Slots" means the dedication of provider or financial resources for services to

persons with an intellectual disability or other developmental disabilities.

(2) The Department for Medicaid Services shall develop and implement flexible

reimbursement and payment strategies that reflect the individually determined needs

for services and supports by persons with an intellectual disability and other

developmental disabilities participating in the Supports for Community Living

Waiver Program.

(3) The Department for Medicaid Services shall allocate slots to the fourteen (14)

community mental health regions based on percentage of total population.

(4) The Department for Medicaid Services shall reallocate underutilized slots to address

statewide needs and shall reallocate slots in emergency situations to address unmet

needs for services and supports.

(5) The Department for Medicaid Services shall promulgate administrative regulations

in accordance with KRS Chapter 13A to implement the requirements of this section.

(6) Funds for the Supports for Community Living Waiver Program shall be

appropriated only for direct services to qualified individuals and any unexpended

funds shall not lapse but shall be carried forward to the next fiscal year and shall be

used for the same purpose.
KRS § 247.020 — KY Code / Title XXI / Chapter 247 / Section 247.020
247.020 Experiment stations -- Substations -- Experimental farms
Status: in_force

247.020 Experiment stations -- Substations -- Experimental farms.

(1) The College of Agriculture of the University of Kentucky shall constitute the

Agricultural Experiment Station.

(2) The experiment station shall operate and direct the substations at Quicksand and

Princeton which shall be divisions of the experiment station.

(3) The experiment station may purchase, lease or accept gift of farms for use in its

experimentation program.
KRS § 67A.800 — KY Code / Title IX / Chapter 67A / Section 67A.800
67A.800 Segregation of proceeds from assessment -- Sinking fund
Status: in_force

67A.800 Segregation of proceeds from assessment -- Sinking fund.

The proceeds received by the urban-county government from each and every annual

improvement assessment levy made in connection with each separate improvement

project, as authorized by KRS 67A.710 to 67A.825, shall be segregated from and kept

always separate and apart from all other receipts of the urban-county government from

any and all other sources, and shall be deposited in a separate and special account in a

financial institution in an account so specially designated by number or other designation

as to identify the same in such manner as to distinguish the receipts and deposits from

each such project from the receipts and deposits from every other such project, and from

any and every other account or fund of the urban-county government. The same shall

constitute the "sinking fund" referred to in KRS 67A.710 to 67A.825. The funds shall be

deposited in an interest-bearing account, at the rate of interest prevailing at the time of

such deposit. When the bonds become due, funds shall be transferred to the account from

which the bonds shall be paid.
KRS § 257.474 — KY Code / Title XXI / Chapter 257 / Section 257.474
257.474 Duties and functions of council
Status: in_force

257.474 Duties and functions of council.

In addition to the duties relating to equine health and welfare matters set forth in KRS

257.472(1), the duties and functions of the council include but are not limited to:

(1) Undertaking research, conducting public hearings, and collecting data to determine

the prevalent equine health and welfare issues;

(2) Striving to develop regional centers of care for unwanted, abused, neglected, or

confiscated equines. The development of the centers may be undertaken in

cooperation with state and local governments, private entities, universities, or other

groups;

(3) Creating a system of voluntary certification of equine rescue and retirement

operations that includes, at a minimum, industry-accepted standards of care for

equines;

(4) Researching and offering suggestions to the commission for statutory changes

affecting equine health, welfare, abuse, and neglect issues;

(5) Assisting veterinarians and others in maintaining the health and welfare of equines

by identifying and referring to the appropriate authorities critical areas of need; and

(6) Submitting a written report annually to the Governor, the Department of

Agriculture, and the Legislative Research Commission regarding its administrative,

financial, and programmatic activities.
KRS § 267.460 — KY Code / Title XXII / Chapter 267 / Section 267.460
267.460 Natural drain may become public ditch
Status: in_force

267.460 Natural drain may become public ditch.

Whenever any public ditch or drain established and constructed under this chapter or any

pre-existing law empties into a natural drain, creek or nonnavigable watercourse, such

natural drain, creek or watercourse from the mouth of the public ditch or drain to the

mouth of the natural drain, creek or watercourse shall be a public ditch, and subject in the

same manner as other public ditches to the supervision and control of the board. If such

natural drain, creek or watercourse below the mouth of the public ditch extends into any

other county, the supervision and control of the board of the county in which the public

ditch is located shall not extend into the other county beyond the mouth of the public

ditch in that county.
KRS § 11A.990 — KY Code / Title III / Chapter 11A / Section 11A.990
11A.990 Penalties -- Time limitation on prosecution for violation of KRS 11A.040
Status: in_force

11A.990 Penalties -- Time limitation on prosecution for violation of KRS 11A.040.

(1) Any person who violates KRS 11A.040 shall be guilty of a Class D felony. In

addition:

(a) The judgment of conviction for a violation of KRS 11A.040(2) shall recite

that the offender is disqualified to hold office thereafter; and

(b) Any person who violates KRS 11A.040(1) to (5) shall be judged to have

forfeited any employment, or constitutional or statutory office he holds,

provisions of KRS Chapter 18A to the contrary notwithstanding.

(2) Any officer, public servant, or candidate required to file a statement of financial

disclosure under KRS 11A.050 who does not file the statement by a date specified

in that section shall have his salary withheld from the first day of noncompliance

until he shall have completed the action required by law. The amount withheld shall

be deducted from his overall pay and allowances and shall be recoverable upon the

filing of the statement of financial disclosure. The commission may grant a

reasonable extension of time for filing a statement of financial disclosure for good

cause shown.

(3) Any person who maliciously files with the commission a false charge of misconduct

on the part of any public servant or other person shall be fined not to exceed five

thousand dollars ($5,000), or imprisoned in a county jail for a term not to exceed

one (1) year, or both.

(4) Prosecution for violation of any provision of KRS 11A.040 shall not be commenced

after four (4) years have elapsed from the date of the violation. Any executive

agency lobbyist, employer, or real party in interest who violates any provision in

KRS 11A.206 shall for the first violation be subject to a civil penalty not to exceed

five thousand dollars ($5,000). For the second and each subsequent violation, he

shall be guilty of a Class D felony.

(5) Any executive agency lobbyist, employer, or real party in interest who fails to file

the initial registration statement or updated registration statement required by KRS

11A.211 or 11A.216, or who fails to remedy a deficiency in any filing in a timely

manner, may be fined by the commission an amount not to exceed one hundred

dollars ($100) per day, up to a maximum total fine of one thousand dollars ($1,000).

(6) Any executive agency lobbyist, employer, or real party in interest who intentionally

fails to register, or who intentionally files an initial registration statement or updated

registration statement required by KRS 11A.211 or 11A.216 which he knows to

contain false information or to omit required information shall be guilty of a Class

D felony.

(7) An executive agency lobbyist, employer, or real party in interest who files a false

statement of expenditures or details of a financial transaction under KRS 11A.221

or 11A.226 is liable in a civil action to any official or employee who sustains

damage as a result of the filing or publication of the statement.

(8) Violation of KRS 11A.236 is a Class D felony.
KRS § 35.240 — KY Code / Title V / Chapter 35 / Section 35.240
35.240 Contempt
Status: in_force

35.240 Contempt.

(1) A military judge may punish for contempt any person who uses any disrespectful

word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or

disorder.

(2) A person subject to this code may be punished for contempt by confinement not to

exceed thirty (30) days or a fine of one hundred dollars ($100), or both.

(3) Any person not subject to this code may be punished for contempt by a military

court in the same manner as a criminal court of the state.
KRS § 202A.0817 — KY Code / Title XVII / Chapter 202A / Section 202A.0817
202A.0817 Treatment plan required for court-ordered assisted outpatient treatment
Status: in_force

202A.0817 Treatment plan required for court-ordered assisted outpatient

treatment.

No later than the date of the hearing held pursuant to KRS 202A.0811, the qualified

mental health professional who examined the respondent pursuant to KRS

202A.0811 shall provide to the court and the respondent a proposed written

treatment plan for the respondent for court-ordered assisted outpatient treatment,

which shall have the goal of recovery. In developing a treatment plan, a qualified

mental health professional shall:

(1) Provide reasonable opportunities for the respondent to actively participate in

the development of the treatment plan and any modifications thereafter, and

involve any other persons whom the respondent requests to have participate;

(2) Follow any advanced directive for mental health treatment executed by the

respondent; and

(3) Include in the treatment plan:

(a) A proactive crisis plan that includes access to emergency or crisis

services twenty-four (24) hours a day and the contact information to

access such crisis services; and

(b) Evidence-based practices. As used in this paragraph, "evidence-based

practices" means intervention programs, policies, procedures, and

practices that have been rigorously tested; are proven by scientific

research; have yielded consistent, replicable results; and have proven

safe, beneficial, and effective for most people diagnosed with mental

illness when implemented competently. Evidence-based practices may

include but are not limited to psychotropic medications, psychosocial

rehabilitation, recovery-oriented therapies, assertive community

treatment, supported employment, supported housing, and peer support

services.
KRS § 390.100 — KY Code / Title XXXIII / Chapter 390 / Section 390.100
390.100 Power to revoke or amend
Status: in_force

390.100 Power to revoke or amend.

A donor may revoke or amend a power of appointment only to the extent that:

(1) The instrument creating the power is revocable by the donor; or

(2) The donor reserves a power of revocation or amendment in the instrument creating

the power of appointment.
KRS § 104.660 — KY Code / Title IX / Chapter 104 / Section 104.660
104.660 Stream and rain gages, scientific survey, etc. -- Reports
Status: in_force

104.660 Stream and rain gages, scientific survey, etc. -- Reports.

The board of directors may establish and maintain stream gages and rain gages, and may

make such surveys and examinations of rainfall, stream flow and other scientific and

engineering subjects as are necessary and proper for the purpose of the district. The board

may issue reports of its findings.
KRS § 164A.840 — KY Code / Title XIII / Chapter 164A / Section 164A.840
164A.840 Source of funds
Status: in_force

164A.840 Source of funds.

Each fiscal year all license, permit, and acreage fees, collected by the Energy and

Environment Cabinet and which are related to mining or minerals, shall be deposited to

the credit of the mining and minerals trust fund in an amount not to exceed the annual

debt service required for a mining and minerals building.
KRS § 189.020 — KY Code / Title XVI / Chapter 189 / Section 189.020
189.020 Equipment of vehicle not to be nuisance or menace
Status: in_force

189.020 Equipment of vehicle not to be nuisance or menace.

Every vehicle when on a highway shall be so equipped as to make a minimum of noise,

smoke or other nuisance, to protect the rights of other traffic, and to promote the public

safety.
KRS § 434.580 — KY Code / Title XL / Chapter 434 / Section 434.580
434.580 Theft -- Receipt of stolen credit, debit, or gift card -- Presumption
Status: in_force

434.580 Theft -- Receipt of stolen credit, debit, or gift card -- Presumption.

(1) (a) A person who takes a credit, debit, or gift card from the person, possession,

custody, or control of another without the consent of the cardholder, the

issuer, or, for a gift card, the merchant, or who, with knowledge that it has

been so taken, receives the credit, debit, or gift card with intent to use it or to

sell it or to transfer it to a person other than the issuer, the cardholder, or, for a

gift card, the merchant, is:

1. For a credit or debit card, subject to the penalties set forth in KRS

434.730(1); or

2. For a gift card, subject to the penalties set forth in KRS 514.030 for the

face value of the gift card.

(b) Taking a credit, debit, or gift card without consent includes obtaining it by

conduct defined or known as statutory larceny, common-law larceny by

trespassory taking, common-law larceny by trick, embezzlement, or obtaining

property by false pretenses, false promise, or extortion.

(2) A person who has in his or her possession or under his or her control two (2) or

more credit, debit, or gift cards which have been taken or obtained in violation of

subsection (1) of this section is presumed to know that the credit, debit, or gift cards

have been so taken or obtained.