FrankGoortani/open-us-law huggingface dataset:
KRS § 387.760 — KY Code / Title XXXIII / Chapter 387 / Section 387.760
387.760 Court costs -- Compensation, commission, and reimbursement for expenses
Status: in_force

387.760 Court costs -- Compensation, commission, and reimbursement for

expenses.

(1) No court costs shall be charged to a respondent or ward in any proceeding under

KRS 387.500 to 387.770, if the respondent or ward is a poor person as defined in

KRS 453.190.

(2) Limited guardians, guardians, limited conservators and conservators are entitled to

reasonable compensation for services rendered and to reimbursement for reasonable

and necessary expenses incurred in the exercise of their assigned guardianship or

conservatorship duties and powers. Such compensation and reimbursement shall be

paid from the financial resources of the ward and shall not exceed:

(a) A commission of not more than six percent (6%) of the income collected by

the fiduciary, payable at the time the income is collected; and

(b) Either, but not both, of the following, as elected by the fiduciary:

1. An annual commission of three-tenths of one percent (0.3%) of the fair

market value of the real and personal property in the care of the

fiduciary; or

2. An annual commission of not more than six percent (6%) of the fair

market value of the principal distributed by the fiduciary, payable at the

time the principal is distributed.

In the absence of an agreement to the contrary, a commission on income shall be

paid out of the income of the estate and a commission on principal shall be paid out

of the principal of the estate.

(3) Upon submitted proof showing that in the handling of the estate the fiduciary has

performed additional and necessary services which have been unusual or

extraordinary and not normally incident to the care and management of a similar

estate, the court may allow the fiduciary additional compensation as is fair and

reasonable for the additional services rendered.
KRS § 97.040 — KY Code / Title IX / Chapter 97 / Section 97.040
97.040 Gifts for recreation facilities
Status: in_force

97.040 Gifts for recreation facilities.

Any authority in which is vested the power to provide, conduct and maintain parks,

playgrounds, and recreation centers under KRS 97.030 or 97.035, may accept any grant or

devise of real estate or any bequest or gift of money or any donation, the principal or

income of which is to be used for park, playground, or recreation purposes. Money

received for such purposes shall, unless otherwise provided by the terms of the bequest,

be deposited with the treasurer or department of finance of the city or with the county

treasurer or treasurer of the joint board to the account of the authority having charge of

such parks, playgrounds, and recreation centers and may be withdrawn and paid out in the

same manner as money appropriated for recreational purposes.
KRS § 42.4501 — KY Code / Title VI / Chapter 42 / Section 42.4501
42.4501 Definitions for KRS 42.450 to 42.495
Status: in_force

42.4501 Definitions for KRS 42.450 to 42.495.

As used in KRS 42.450 to 42.495:

(1) "Refund" means a payment of money from the State Treasury to a taxpayer, upon

the authorization of the Department of Revenue following the submission of a

timely request filed in accordance with applicable statutes and administrative

regulations, representing all or part of an overpayment previously made by the

taxpayer for a tax liability arising under KRS 143.020 or 143A.020; and

(2) "Severance and processing taxes on coal collected annually" means the total

amount of money collected from the tax imposed by KRS 143.020 in a given fiscal

year, reduced by the total amount of refunds of that tax paid during the prior fiscal

year.
KRS § 281.590 — KY Code / Title XXIV / Chapter 281 / Section 281.590
281.590 Declaration of policy
Status: in_force

281.590 Declaration of policy.

It is hereby declared to be the public policy of this Commonwealth:

(1) To provide for fair and impartial regulation of all transportation subject to the

provisions of this chapter, so administered as to recognize and preserve the inherent

advantages of each type of motor transportation; to promote safe, adequate,

economical and efficient service;

(2) To encourage the establishment and maintenance of reasonable charges for such

transportation service, without unjust discriminationsor undue preferences or

advantages; and

(3) To cooperate with the several states and the duly authorized officials thereof, all to

the end of developing, coordinating and preserving a state transportation system by

motor vehicles as defined in this chapter adequate to meet the needs of this

Commonwealth. All of the provisions of this chapter shall be administered and

enforced with the view to carry out the declaration of policy in this section.
KRS § 91A.010 — KY Code / Title IX / Chapter 91A / Section 91A.010
91A.010 Definitions for KRS 91A.010 to 91A.060
Status: in_force

91A.010 Definitions for KRS 91A.010 to 91A.060.

As used in KRS 91A.010 to 91A.060, unless the context otherwise requires:

(1) "Budget" means a proposed plan for raising and spending money for specified

programs, functions, activities, or objectives during a fiscal year.

(2) "Debt service" means the sum of money required to pay installments of principal

and interest on bonds, notes, and other evidences of debt accruing within a fiscal

year and to maintain sinking funds.

(3) "Encumbrances" means obligations in the form of purchase orders or contracts that

are chargeable to an appropriation. An obligation ceases to be an encumbrance

when paid or when the actual liability is recorded.

(4) "Executive authority" means the mayor in any city organized under the mayor-

council plan or mayor-aldermen plan, the commission in any city organized under

the commission plan, or the board in any city organized under the city manager

plan.

(5) "Fiscal year" means the accounting period for the administration of fiscal

operations.

(6) "Generally accepted governmental auditing standards" means those standards for

audit of governmental organizations, programs, activities, and functions issued by

the Comptroller General of the United States.

(7) "Generally accepted principles of governmental accounting" mean those standards

and procedures promulgated and recognized by the Governmental Accounting

Standards Board.

(8) "Legislative body" means the council in cities organized under the mayor-council

plan, the board of aldermen in cities of the first class organized under the mayor-

aldermen plan, the commission in cities organized under the commission plan and

the board of commissioners in cities organized under the city manager plan.
KRS § 95A.010 — KY Code / Title IX / Chapter 95A / Section 95A.010
95A.010 Application of chapter
Status: in_force

95A.010 Application of chapter.

(1) This chapter shall apply to the personnel of all fire departments in the state whether

paid or unpaid, or both.

(2) Except as expressly provided in this chapter, nothing herein contained shall be

deemed to limit the powers, rights, duties, and responsibilities of municipal or

county governments, or the Firefighters' and Policemen's Civil Service Act.
KRS § 8.050 — KY Code / Title II / Chapter 8 / Section 8.050
8.050 Encouragement of state-local and interlocal cooperation
Status: in_force

8.050 Encouragement of state-local and interlocal cooperation.

The Commission shall encourage state-local and interlocal cooperation by formulating

proposals for, and by facilitating the enactment of statutes and the adoption of

administrative agreements to give departments and agencies of the Commonwealth and

the local governmental units of the Commonwealth broad authority to enter into

intergovernmental agreements, contracts and compacts.
KRS § 21A.070 — KY Code / Title IV / Chapter 21A / Section 21A.070
21A.070 Publication of opinions
Status: in_force

21A.070 Publication of opinions.

(1) All opinions of the Supreme Court shall be published.

(2) The Supreme Court shall determine which opinions of the Court of Appeals and

lower courts shall be published.

(3) The Supreme Court shall select the method of publication and the publisher or

publishers of the opinions of the Court of Justice.

(4) There shall be no copyright of the opinions.
KRS § 205.5520 — KY Code / Title XVII / Chapter 205 / Section 205.5520
205.5520 Annual recommendations regarding pharmacy benefit reimbursement methodologies and dispensing fees
Status: in_force

205.5520 Annual recommendations regarding pharmacy benefit reimbursement

methodologies and dispensing fees.

By December 1, 2020, and at least annually thereafter, the Technical Advisory Committee

on Pharmacy established in KRS 205.590 shall make recommendations to the department

regarding the reimbursement methodologies and dispensing fees used by the state

pharmacy benefit manager pursuant to KRS 205.5514.
KRS § 311.320 — KY Code / Title XXVI / Chapter 311 / Section 311.320
311.320 Use of bodies
Status: in_force

311.320 Use of bodies.

No such body shall be used for any purpose other than the promotion of science in the

college represented by the professor claiming it nor sold or removed from this state.
KRS § 319A.040 — KY Code / Title XXVI / Chapter 319A / Section 319A.040
319A.040 Meetings -- Quorum -- Officers
Status: in_force

319A.040 Meetings -- Quorum -- Officers.

The board shall meet at least annually and may meet at such other times as necessary to

complete the business required. A majority of the members of the board shall constitute a

quorum for the transaction of business. Annually the board shall elect from its

membership a chairman, a vice chairman, and a secretary to serve for one (1) year terms.
KRS § 342.329 — KY Code / Title XXVII / Chapter 342 / Section 342.329
342.329 Division of Ombudsman and Workers' Compensation Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone access
Status: in_force

342.329 Division of Ombudsman and Workers' Compensation Specialist Services --

Functions -- Ombudsman program -- Toll-free telephone access.

(1) The Division of Ombudsman and Workers' Compensation Specialist Services shall

be headed by a director appointed by the commissioner with the approval of the

Governor, in accordance with KRS 12.050 and 342.230. The functions of the

division shall include:

(a) Serving as an information source for employees, employers, medical,

vocational, and rehabilitation personnel, carriers, and self-insurers;

(b) Responding to inquiries and complaints relative to the workers' compensation

program;

(c) Advising all parties of their rights and obligations under this chapter;

(d) Assisting workers in obtaining medical reports, job descriptions, and other

materials pertinent to a claim for benefits and preparing all documents

necessary for a claim application; and

(e) Performing other duties as required by the commissioner through

administrative regulations promulgated by the commissioner.

(2) The employee, employer, carrier, self-insured administrator, and medical provider

shall promptly comply with reasonable information requests from an ombudsman.

(3) The ombudsman program shall be staffed with personnel trained in techniques

performed by ombudsmen and who are familiar with medical and vocational

rehabilitation principles and knowledgeable about the provisions of this chapter and

applicable administrative regulations.

(4) A toll-free telephone number shall be provided throughout the Commonwealth to

insure easy access by all parties to the division.
KRS § 39D.020 — KY Code / Title V / Chapter 39D / Section 39D.020
39D.020 Designation of alternate or substitute places for local government -- Acts valid and binding
Status: in_force

39D.020 Designation of alternate or substitute places for local government -- Acts

valid and binding.

(1) When, during a state of emergency, it becomes imprudent, inexpedient, or

impossible to conduct the affairs of local government at the regular or usual places,

the governing body of each county, urban-county, charter county, and city of this

Commonwealth may meet at any place within or without the territorial limits of that

political subdivision, at the direction of the elected chief executive officer or his or

her successor, and shall proceed to establish and designate by ordinance, resolution,

or other manner, alternate or substitute places as the temporary locations of

government where all, or any part, of the public business may be transacted and

conducted during the emergency situation. The alternate or substitute places may be

within or without the territorial limits of the county, urban-county, charter county,

and city, and shall be within those of the state. If practicable, they shall be the places

designated as the temporary locations of government in the current local emergency

operations plan.

(2) While the public business is being conducted at a temporary location, the governing

body and other officers of a county, urban-county, charter county, and city of this

Commonwealth shall have and exercise, at that location, all of the executive,

legislative, administrative, and judicial powers and functions conferred upon that

body and officers under state law. The powers and functions, except judicial, may

be exercised in the light of the exigencies of the emergency situation without regard

to or compliance with time-consuming procedures and formalities prescribed by law

and pertaining thereto. All acts of the body and officers shall be as valid and

binding as if performed within the territorial limits of their county, urban-county,

charter county and city.

(3) This section shall control notwithstanding any statutory charter or ordinance

provision to the contrary.
KRS § 387.822 — KY Code / Title XXXIII / Chapter 387 / Section 387.822
387.822 Definitions for KRS 387.822 to 387.838 -- Significant connection factors
Status: in_force

387.822 Definitions for KRS 387.822 to 387.838 -- Significant connection factors.

(1) As used in KRS 387.822 to 387.838:

(a) "Emergency" means a circumstance that likely will result in substantial harm

to a respondent's health, safety, or welfare, and for which the appointment of a

guardian is necessary because no other person has authority and is willing to

act on the respondent's behalf;

(b) "Home state" means the state in which the respondent was physically present,

including any period of temporary absence, for at least six (6) consecutive

months immediately before the filing of a petition for a protective order or the

appointment of a guardian; or if none, the state in which the respondent was

physically present, including any period of temporary absence, for at least six

(6) consecutive months ending within the six (6) months prior to the filing of

the petition; and

(c) "Significant-connection state" means a state, other than the home state, with

which a respondent has a significant connection other than mere physical

presence and in which substantial evidence concerning the respondent is

available.

(2) In determining under KRS 387.826 and 387.840(5) whether a respondent has a

significant connection with a particular state, the court shall consider:

(a) The location of the respondent's family and other persons required to be

notified of the guardianship or protective proceeding;

(b) The length of time the respondent at any time was physically present in the

state and the duration of any absence;

(c) The location of the respondent's property; and

(d) The extent to which the respondent has ties to the state such as voting

registration, state or local tax return filing, vehicle registration, driver's

license, social relationship, and receipt of services.
KRS § 411.230 — KY Code / Title XXXVI / Chapter 411 / Section 411.230
411.230 Action for damages caused by tampering with operations of key infrastructure asset
Status: in_force

411.230 Action for damages caused by tampering with operations of key

infrastructure asset.

A civil action may be maintained under this section against any person that knowingly

directs or causes a person to violate KRS 512.020(1)(b). Liability shall include actual

damages to personal or real property caused by the offense and may include punitive

damages and court costs.
KRS § 99.380 — KY Code / Title IX / Chapter 99 / Section 99.380
99.380 Issuance of building permits and certificates of occupancy in development area
Status: in_force

99.380 Issuance of building permits and certificates of occupancy in development

area.

After adoption of the development plan by the council, no building permit or certificate of

occupancy shall be issued for any structure or use within the area (except for construction

or uses which are necessary for the immediate protection of the public health or safety)

without the approval in writing by the agency, based upon a determination by the agency

that the proposed construction is not inconsistent with the development plan. Upon the

sale or lease of the redevelopment project or any portion thereof by the agency, no

building permits or certificates of occupancy shall be issued for any structures or uses that

do not conform to the development plan.
KRS § 351.107 — KY Code / Title XXVIII / Chapter 351 / Section 351.107
351.107 Requirements for certification as shotfirer
Status: in_force

351.107 Requirements for certification as shotfirer.

(1) A person desiring to obtain experience as a shotfirer may not charge or detonate

explosives in an underground mine unless he or she is under the direction and

within sight and sound of a certified shotfirer. No person shall charge or detonate

explosives within an underground mine unless that person has successfully

completed a training program and passed a test administered by the department. The

test shall include at a minimum a determination of the person's ability to test for

mine gases and to safely handle and detonate explosives in an underground coal

mine.

(2) The commissioner shall issue a shotfirer's certificate to the person upon successfully

passing the test.
KRS § 426.580 — KY Code / Title XXXIX / Chapter 426 / Section 426.580
426.580 Forthcoming bond for personalty levied on -- Form -- Effect
Status: in_force

426.580 Forthcoming bond for personalty levied on -- Form -- Effect.

(1) The owner of personal property taken in execution may give to the levying officer a

bond, with good surety, to have the property forthcoming at the time and place of

sale, which shall specify each article of property and its value.

(2) The bond shall be in substance as follows: "We, A B, principal, and C D, surety, do

bind ourselves that the property mentioned in the following schedule and valuation,

to-wit: ...., valued at .... dollars (naming each article and its value) shall be

forthcoming at .... on the .... day of .... next, by the hour of twelve o'clock in the day.

Witness our hands, ...., ....."

(3) Upon the giving of the bond, the officer shall restore the possession of the property

taken in execution to the defendant, to remain with him at his own risk and expense

until the time stipulated for its delivery.
KRS § 365.110 — KY Code / Title XXIX / Chapter 365 / Section 365.110
365.110 Unauthorized use of manufacturer's brand or name
Status: in_force

365.110 Unauthorized use of manufacturer's brand or name.

No dealer or merchant shall make or apply or cause to be made or applied to any parcel or

package any kind or character of label bearing the brand or name of any manufacturer

without the written authority of the manufacturer.
KRS § 183.165 — KY Code / Title XV / Chapter 183 / Section 183.165
183.165 Landing strips for personal use -- Limitation on regulation by local government -- Fee
Status: in_force

183.165 Landing strips for personal use -- Limitation on regulation by local

government -- Fee.

(1) All statutes to the contrary notwithstanding, any property owner who resides in a

county with a population of thirty-five thousand (35,000) or greater, and who owns

at least one thousand (1,000) contiguous acres, may construct a landing strip for

their personal use that is capable of handling two (2) private aircraft. The landing

strip shall not be used for public or commercial purposes.

(2) The landing strip authorized under this section shall meet all regulations or

standards promulgated by the Federal Aviation Administration concerning areas

regulated for the safe maneuvering approach and landing of aircraft.

(3) All local governments shall be prohibited from regulating landing strips authorized

under this section and shall be prohibited from enacting planning and zoning

ordinances contrary to the provisions of this section.

(4) For the purposes of this section, roadways or railroad rights-of-way shall not be

considered a separation of contiguous acres.

(5) The property owner may be required to pay a fee of one hundred dollars ($100) per

year to the county in which the airport is located.
KRS § 61.547 — KY Code / Title VIII / Chapter 61 / Section 61.547
61.547 Transfer of annual and sick leave balances by employees
Status: in_force

61.547 Transfer of annual and sick leave balances by employees.

Any other statute to the contrary notwithstanding, the Executive Department of

government shall accept from the Judicial and Legislative Departments of government,

all accrued annual and sick leave balances and service credits of employees leaving such

departments and accepting appointments to the Executive Department. These leave

balances shall be attested to by the former employer of the employee and shall not exceed

those limits established by statute or administrative regulation for employees of the

Executive Department. This procedure shall be reversed for those employees leaving the

Executive Department of government and accepting appointments to the Judicial and

Legislative Departments.
KRS § 360.027 — KY Code / Title XXIX / Chapter 360 / Section 360.027
360.027 Excess rate of interest prohibited as defense of limited partnership, limited liability company, or business or statutory trust
Status: in_force

360.027 Excess rate of interest prohibited as defense of limited partnership, limited

liability company, or business or statutory trust.

(1) No limited partnership, limited liability company, or business or statutory trust shall

hereafter plead or set up the taking of more than the legal rate of interest, as a

defense to any action brought against it to recover damages on, or enforce payment

of, or other remedy on, any mortgage, bond, note or other obligation, executed or

assumed by such limited partnership, limited liability, or business or statutory trust;

provided, that this section shall not apply to any action instituted subsequent to June

16, 1972, upon any mortgage, bond, note or other obligation executed or assumed

by such limited partnership or business trust prior to June 16, 1972.

(2) The provisions of subsection (1) of this section shall not apply to a limited

partnership, limited liability company, or business or statutory trust, the principal

asset of which shall be the ownership of a one (1) or two (2) family dwelling.