FrankGoortani/open-us-law huggingface dataset:
KRS § 635.050 — KY Code / Title LI / Chapter 635 / Section 635.050
635.050 Detention of child after adjudication
Status: in_force

635.050 Detention of child after adjudication.

After adjudication, a determination by the court that a child shall be detained pending

disposition shall be based on a finding of the court by a preponderance of the evidence

that the circumstances surrounding the child are such as to endanger his safety or welfare

or that of the community.
KRS § 403A.204 — KY Code / Title XXXV / Chapter 403A / Section 403A.204
403A.204 Power of attorney
Status: in_force

403A.204 Power of attorney.

A deploying parent, by power of attorney, may delegate all or part of custodial

responsibility to an adult nonparent for the period of deployment if no other parent

possesses custodial responsibility under law of this state other than this chapter, or if a

court order currently in effect prohibits contact between the child and the other parent.

The deploying parent may revoke the power of attorney by signing a revocation of the

power.
KRS § 381.640 — KY Code / Title XXXII / Chapter 381 / Section 381.640
381.640 Joint owners of private passway to share costs
Status: in_force

381.640 Joint owners of private passway to share costs.

(1) Where two (2) or more persons in this state have acquired real estate, not exceeding

twenty (20) feet in width, sufficient for a passway to benefit their lands along side

of, or near the proposed passway, the owners of such passways who are benefited

thereby shall pay all the costs expended for the passway or the opening of and fixing

the passway for travel.

(2) The owners of such passways shall bear jointly all the necessary expense of repairs,

reconstruction and maintenance, including the necessary fencing thereof, and shall

cause the necessary work to be done.
KRS § 508.080 — KY Code / Title L / Chapter 508 / Section 508.080
508.080 Terroristic threatening in the third degree
Status: in_force

508.080 Terroristic threatening in the third degree.

(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic

threatening in the third degree when:

(a) He threatens to commit any crime likely to result in death or serious physical

injury to another person or likely to result in substantial property damage to

another person; or

(b) He intentionally makes false statements for the purpose of causing evacuation

of a building, place of assembly, or facility of public transportation.

(2) Terroristic threatening in the third degree is a Class A misdemeanor.
KRS § 197.140 — KY Code / Title XVII / Chapter 197 / Section 197.140
197.140 Prisoners not eligible to be worked outside prison
Status: in_force

197.140 Prisoners not eligible to be worked outside prison.

No prisoner who is serving a sentence for rape, attempted rape, or who has been

convicted of robbery in the first degree, assault in the first degree, or who has been

sentenced to life imprisonment shall be worked or released for work outside of the walls

of the prison until he has actually served within the walls of the prison for at least one (1)

year of his sentence and has been classified as minimum custody according to the

Department of Corrections classification system. No prisoner who has escaped or

attempted to escape from an adult correctional institution or local detention center or jail

within the past five (5) years shall be worked or released for work outside of the walls of

the prison.
KRS § 247.992 — KY Code / Title XXI / Chapter 247 / Section 247.992
247.992 Penalty
Status: in_force

247.992 Penalty.

Any person who violates subsection (3) of KRS 247.145 shall be fined not less than ten

dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less

than one (1) day or more than ten (10) days or both.
KRS § 196.990 — KY Code / Title XVII / Chapter 196 / Section 196.990
196.990 Penalties
Status: in_force

196.990 Penalties.

(1) Any officer who violates subsection (1) of KRS 196.230 shall be fined not less than

two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000).

Action shall be brought in the county in which the institution is located.

(2) Any officer or employee who violates subsection (3) of KRS 196.230 shall ipso

facto forfeit his office or position, and the office or position shall be declared

vacant.
KRS § 407.5711 — KY Code / Title XXXV / Chapter 407 / Section 407.5711
407.5711 Modification of Convention child support order
Status: in_force

407.5711 Modification of Convention child support order.

(1) A tribunal of this state may not modify a Convention child support order if the

obligee remains a resident of the foreign country where the support order was issued

unless:

(a) The obligee submits to the jurisdiction of a tribunal of this state, either

expressly or by defending on the merits of the case without objecting to the

jurisdiction at the first available opportunity; or

(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its

support order or issue a new support order.

(2) If a tribunal of this state does not modify a Convention child support order because

the order is not recognized in this state, KRS 407.5708(3) applies.
KRS § 311.7702 — KY Code / Title XXVI / Chapter 311 / Section 311.7702
311.7702 Findings and declarations
Status: in_force

311.7702 Findings and declarations.

The General Assembly finds and declares, according to contemporary medical

research, all of the following:

(1) As many as thirty percent (30) of natural pregnancies end in spontaneous

miscarriage;

(2) Less than five percent (5) of all natural pregnancies end in spontaneous

miscarriage after detection of fetal cardiac activity;

(3) Over ninety percent (90) of intrauterine pregnancies survive the first trimester

if cardiac activity is detected in the gestational sac;

(4) Nearly ninety percent (90) of in vitro pregnancies do not survive the first

trimester where cardiac activity is not detected in the gestational sac;

(5) Fetal heartbeat, therefore, has become a key medical predictor that an unborn

human individual will reach live birth;

(6) Cardiac activity begins at a biologically identifiable moment in time, normally

when the fetal heart is formed in the gestational sac;

(7) The Commonwealth of Kentucky has legitimate interests from the outset of the

pregnancy in protecting the health of the woman and the life of an unborn

human individual who may be born; and

(8) In order to make an informed choice about whether to continue her pregnancy,

the pregnant woman has a legitimate interest in knowing the likelihood of the

fetus surviving to full-term birth based upon the presence of cardiac activity.
KRS § 440.060 — KY Code / Title XL / Chapter 440 / Section 440.060
440.060 Capture and return of fugitive from house of reform
Status: in_force

440.060 Capture and return of fugitive from house of reform.

(1) The officer of a house of reform and any peace officer or citizen may arrest, without

warrant, and return to the institution, any child who escapes from a house of reform

or home in which an inmate has been placed on parole.

(2) A peace officer shall arrest any child known by him to have escaped from a house

of reform, and return him to the institution.
KRS § 183.122 — KY Code / Title XV / Chapter 183 / Section 183.122
183.122 Condemnation -- Effect on zoning of adjacent property
Status: in_force

183.122 Condemnation -- Effect on zoning of adjacent property.

(1) Where necessary, in order to provide unobstructed air space for the landing and

taking off of aircraft utilizing airports acquired or operated under the provisions of

this chapter, the cabinet is hereby granted authority to condemn and acquire, in the

same manner as is provided for the acquisition of property for airport purposes,

easements through or other interests in air space over land or water, interests in

airport hazards outside the boundaries of the airports and such other airport

protection privileges, together with rights of ingress and egress thereto and

therefrom, as are necessary to insure safe approaches to the landing areas of said

airports and the safe and efficient operation thereof. The cabinet is authorized to

acquire, in the same manner, the right or easement, for a term of years or

perpetually, to place or maintain suitable marks for the daytime marking and

suitable lights or marks for the night marking of airport hazards, including the right

of ingress and egress to and from such airport hazards for the purpose of

maintaining and repairing such lights and marks.

(2) The secretary may, by order, authorize any airport board or governmental unit to

condemn and acquire, with the full power of the Commonwealth, in the manner

provided in the Eminent Domain Act of Kentucky, any of the interests, easements,

airport protection privileges, interests in air space, rights, or hazard marking

privileges described in subsection (1), or any real or personal property. Any

condemnation proceeding which may be necessary for such acquisition, if filed

under this subsection, shall be filed in the name of the Commonwealth on relation

of the secretary of transportation, and of the airport board or governmental unit

making such acquisition.

(3) The authority granted in subsections (1) and (2) shall not be so construed as to limit

the right, power, or authority of the state or any municipality or governmental unit

to zone property adjacent to any airport pursuant to any law of this state.
KRS § 199.521 — KY Code / Title XVII / Chapter 199 / Section 199.521
199.521 Posthumous adoption
Status: in_force

199.521 Posthumous adoption.

(1) In any pending adoption proceeding under this chapter, the court may enter a

judgment of adoption after a child's death upon the motion of the petitioner or

petitioners if:

(a) The child dies during the time the child is placed in the home of the petitioner

or petitioners;

(b) Prior to the hearing, the court has received the report of the guardian ad litem,

if any, for the child and the report required by KRS 199.510;

(c) A hearing has been scheduled and notice has been given as required under

KRS 199.515; and

(d) The court determines after hearing the case that the requirements of KRS

199.520(1) have been met.

(2) Any judgment of adoption under this section shall:

(a) Change the name of the child to conform with the prayer of the petition;

(b) Ensure that the judgment and all orders required to be entered and recorded in

the order book, including the caption, shall contain only the names of the

petitioners and the proposed adopted name of the child, without any reference

to the child's former name or the names of the birth parents; and

(c) Establish that upon entry of the judgment of adoption, from and after the date

of the filing of the petition the child shall be deemed the child of petitioners

and, except as provided in subsection (4) of this section, for the purpose of

legal considerations, the natural child of the parents adopting the child the

same as if born of their bodies, and all legal relationship between the adopted

child and the biological parents shall be terminated except the relationship of

a biological parent who is the spouse of an adoptive parent.

(3) The clerk of the court shall notify the cabinet of the adoption as required in KRS

199.520.

(4) Notwithstanding any other law to the contrary, nothing in this section shall entitle

the petitioner or petitioners proceeding under this section to any present or future

interest in property or inheritance of the deceased child, or to any other benefit,

whether governmental or otherwise, that would have become payable had the

judgment of adoption been entered prior to the death of the child.
KRS § 281.820 — KY Code / Title XXIV / Chapter 281 / Section 281.820
281.820 Accounts and records for tax and regulation purposes
Status: in_force

281.820 Accounts and records for tax and regulation purposes.

The department may require any motor carrier to keep within this state, subject to

inspection at all reasonable times by the department, such books of account or other

records as are reasonably necessary to enable the department to obtain full information at

all times regarding the amounts due from such operator in fees or taxes and in order to

regulate the motor carrier's operation. The books and records shall be at all times open to

inspection by, but shall not be kept or retained by, the department.
KRS § 160.352 — KY Code / Title XIII / Chapter 160 / Section 160.352
160.352 Screening committee -- Minority representation -- Recommendations for superintendent
Status: in_force

160.352 Screening committee -- Minority representation -- Recommendations for

superintendent.

(1) For purposes of this section the term "minority" means American Indian; Alaskan

native; African-American; Hispanic, including persons of Mexican, Puerto Rican,

Cuban, and Central or South American origin; Pacific islander; or other ethnic

group underrepresented in a local school district.

(2) Each board of education shall appoint a superintendent of schools after receiving

the recommendations of a screening committee. A screening committee shall be

established within thirty (30) days of a determination by a board of education that a

vacancy has occurred or will occur in the office of superintendent, except that when

the board determines a vacancy will not occur before six (6) months from the date

of determination, the board shall establish a screening committee at least ninety (90)

days before the first date on which the position may be filled.

(3) A screening committee shall be composed of:

(a) Two (2) teachers, elected by the teachers in the district;

(b) One (1) board of education member, appointed by the board chairman;

(c) One (1) principal, elected by the principals in the district;

(d) One (1) parent, elected by the presidents of the parent-teacher organizations of

the schools in the district;

(e) One (1) classified employee, elected by the classified employees in the

district; and

(f) If a minority member is not elected or appointed to a screening committee in

districts with a minority population of eight percent (8%) or more, as

determined by the enrollment on the preceding October 1, the committee

membership shall be increased to include one (1) minority parent. This

minority parent member shall be elected by the parents in an election

conducted by the local school board. Parents in the district shall be given

adequate notice of the date, time, place, and purpose of the election.

(4) Prior to appointing a superintendent of schools, the board of education shall

consider the recommendations of the screening committee, but the board shall not

be required to appoint a superintendent from the committee's recommendations.
KRS § 417.050 — KY Code / Title XXXVII / Chapter 417 / Section 417.050
417.050 Validity of arbitration agreement -- Exempt agreements
Status: in_force

417.050 Validity of arbitration agreement -- Exempt agreements.

A written agreement to submit any existing controversy to arbitration or a provision in

written contract to submit to arbitration any controversy thereafter arising between the

parties is valid, enforceable, and irrevocable, save upon such grounds as exist at law for

the revocation of any contract. This chapter does not apply to:

(1) Arbitration agreements contained within the collective bargaining agreements

entered into by employers and the respective representatives of member employees;

(2) Insurance contracts. Nothing in this subsection shall be deemed to invalidate or

render unenforceable contractual arbitration provisions between two (2) or more

insurers, including reinsurers; and

(3) Arbitration agreements entered by any industrial insured captive insurer that is

created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. secs.

3901 et seq., as amended.
KRS § 433.883 — KY Code / Title XL / Chapter 433 / Section 433.883
433.883 Cave owner or his agent not to be held liable
Status: in_force

433.883 Cave owner or his agent not to be held liable.

(1) Neither the owner of a cave nor his authorized agents acting within the scope of

their authority shall be liable for injuries sustained by any person using the cave for

recreational or scientific purposes if no charge has been made for the use of the

cave, notwithstanding that an inquiry may have been made as to the experience or

expertise of the person or persons seeking consent.

(2) Nothing in this section shall be construed to constitute a waiver of the sovereign

immunity of the Commonwealth or any of its boards, departments, bureaus or

agencies.
KRS § 213.049 — KY Code / Title XVIII / Chapter 213 / Section 213.049
213.049 Contents of paternity judgment order -- Transmittal to registrar
Status: in_force

213.049 Contents of paternity judgment order -- Transmittal to registrar.

(1) All paternity judgment orders issued or modified by a court on or after July 15,

1992, shall include, but not be limited to, the following information about the

father, if the information is known at the time the order is set:

(a) Full name;

(b) Social Security number;

(c) Age at time of the child's birth;

(d) Place of birth as to the state or foreign country; and

(e) Current address.

(2) The order shall be transmitted by the Circuit Court clerk of the court with

jurisdiction to the state registrar of vital statistics no later than the fifteenth day of

each calendar month.
KRS § 205.245 — KY Code / Title XVII / Chapter 205 / Section 205.245
205.245 Supplementary payments
Status: in_force

205.245 Supplementary payments.

Money payments made by the Cabinet for Health and Family Services to the needy aged,

needy blind, and the needy permanently and totally disabled shall be:

(1) Mandatory state supplementation of the supplemental security income program as

established by federal law and regulations and administered in the manner agreed to

by the secretary of the United States Department of Health, Education, and Welfare

and the secretary of the Cabinet for Health and Family Services, or their authorized

representatives; and

(2) Supplemental payments to persons requiring special living arrangements as they

become eligible for the supplemental security income program, to insure the same

level of care as those persons covered under the provisions of subsection (1) of this

section.
KRS § 71.050 — KY Code / Title IX / Chapter 71 / Section 71.050
71.050 Officer of Circuit and District Courts -- Bailiff
Status: in_force

71.050 Officer of Circuit and District Courts -- Bailiff.

The jailer is an officer of the Circuit and District Courts for his county. In any county

where there is no jail and the jailer does not transport prisoners, the jailer shall serve as a

bailiff to the Circuit and District Courts of the county.
KRS § 309.086 — KY Code / Title XXVI / Chapter 309 / Section 309.086
309.086 Revocation, suspension, probation, or restriction of license, certificate, or registration -- Hearings -- Appeals
Status: in_force

309.086 Revocation, suspension, probation, or restriction of license,

certificate, or registration -- Hearings -- Appeals.

(1) The board may revoke, suspend, place on probation, or restrict the license,

certificate, or registration of a licensee, certificate holder, or registrant; refuse to

issue or renew a license, certificate, or registration; and reprimand, admonish,

or fine a licensee, certificate holder, or registrant for the following:

(a) Fraud or deceit in obtaining licensure, certification, or registration;

(b) Transferring the authority granted by the license, certificate, or

registration to another person;

(c) Using unfair, false, misleading, or deceptive trade practices;

(d) Willfully or deliberately disregarding professional standards of practice or

violating the code of ethics;

(e) Aiding and abetting a person who obtains a license, certificate, or

registration fraudulently;

(f) Conspiring or combining with others to obtain a license, certificate, or

registration to be used by an unlicensed, uncertified, or unregistered

person with the intent to evade the provisions of KRS 309.080 to 309.089

and administrative regulations promulgated pursuant to those sections;

(g) Negligence or incompetence in complying with the applicable code of

ethics and standards of practice or failure to comply with continuing

education requirements;

(h) Violating KRS 309.080 to 309.089 and administrative regulations

promulgated pursuant to those sections; or

(i) Being convicted of any crime as defined in KRS 335B.010 in which an

element of the crime is dishonesty or fraud, within the past three (3)

years, if in accordance with KRS Chapter 335B.

(2) The board shall, upon the request of a licensed clinical alcohol and drug

counselor, certified alcohol and drug counselor, or registered alcohol and drug

peer support specialist, or an applicant for licensure, certification, or

registration, hold a hearing pursuant to KRS Chapter 13B before denying an

application; refusing to renew a license, certificate, or registration; suspending

a license, certificate, or registration; or imposing a fine. The affected party may

appeal the board's decision in the Circuit Court where the licensee, certificate

holder, or registrant resides. The action of the board shall remain in effect

pending any appeals unless the board rescinds or modifies its order.
KRS § 189.700 — KY Code / Title XVI / Chapter 189 / Section 189.700
189.700 Declaration of policy concerning parking lots and automobile storage garages
Status: in_force

189.700 Declaration of policy concerning parking lots and automobile storage

garages.

It is declared that the operation of automobile parking lots or automobile storage garages,

wherein automobiles are parked or stored for hire, is a business impressed with the public

interest. It is further declared that any contract purporting to limit the liability of the

operator of such a lot or garage, for loss of or damage to an automobile parked for hire, or

its contents, except liability for damage by the elements or by physical forces beyond the

control of the operator and his employees, is against public policy.
KRS § 247.861 — KY Code / Title XXI / Chapter 247 / Section 247.861
247.861 Effect of affirmative vote
Status: in_force

247.861 Effect of affirmative vote

If, in the referendum called under the provisions of KRS 247.850 to 247.865, a majority

of the eligible handlers in the area in which the referendum is conducted, who vote

therein, shall vote in the affirmative and in favor of levying and collecting the assessment

proposed in the referendum, then such assessment shall be collected in the manner

determined and announced by the association conducting the referendum.