FrankGoortani/open-us-law huggingface dataset:
KRS § 531.305 — KY Code / Title L / Chapter 531 / Section 531.305
531.305 Treatment in criminal or civil proceeding of property or material portraying child pornography or a sexual performance by a minor
Status: in_force

531.305 Treatment in criminal or civil proceeding of property or material

portraying child pornography or a sexual performance by a minor.

(1) In a criminal or civil proceeding, any property or material that portrays child

pornography or a sexual performance by a minor as defined in this chapter shall

remain secured or locked in the care, custody, and control of a law enforcement

agency, or the prosecutor. Any property or material that portrays child pornography

or a sexual performance by a minor shall not be filed with or stored by the court

unless introduced as an exhibit for trial. Storage of trial court exhibits portraying

child pornography or a sexual performance by a minor shall be in accordance with a

court order.

(2) Notwithstanding any other law or rule of court, a court shall deny, in any

proceeding, any request by the defendant to copy, photograph, duplicate, or

otherwise reproduce any property or material that portrays a sexual performance by

a minor or constitutes child pornography so long as law enforcement, the

prosecutor, or the court, if the matter was introduced as an exhibit at trial, makes the

property or material reasonably available to the defendant.

(3) For the purposes of this section, property or material shall be deemed reasonably

available to the defendant if the prosecutor provides ample opportunity at a

designated facility for the inspection, viewing, and examination of the property or

material that portrays a sexual performance by a child or constitutes child

pornography by the defendant, his or her attorney, or any individual whom the

defendant uses as an expert during either the discovery process or a court

proceeding.
KRS § 139.740 — KY Code / Title XI / Chapter 139 / Section 139.740
139.740 Requirements in action on debt arising out of sale of tangible personal property
Status: in_force

139.740 Requirements in action on debt arising out of sale of tangible personal

property.

(1) No judgment shall be entered and no garnishment or attachment shall be permitted

by any court in this Commonwealth in an action for the collection of a debt arising

out of the sale of tangible personal property, digital property, or extended warranty

services unless an affidavit containing a certificate of service is executed by the

plaintiff to the effect that all use taxes due the Commonwealth have been paid.

(2) Prior to the filing of the affidavit, required under subsection (1) of this section, the

plaintiff (including counterclaimants or crossclaimants) shall, by first-class mail,

serve upon the department a copy of the affidavit. Within fifteen (15) days from the

date of the filing of the affidavit the department may file a counteraffidavit. In such

event no judgment shall be entered or garnishment or attachment issued until proof

has been taken concerning the matters at issue in the affidavit and counteraffidavit.

(3) In the event the use tax levied by this chapter is found to be due and unpaid the

plaintiff may elect to pay the tax to the department, and the amount of the tax paid

by the plaintiff shall be recovered as a part of any judgment entered. If the plaintiff

does not elect to pay the use tax found to be due and unpaid, judgment for the

amount of the tax shall be awarded to the Commonwealth.

(4) Any judgment awarded to the Commonwealth under this section shall constitute a

prior claim to any judgment obtained by the plaintiff.

(5) Tax as defined herein includes interest accrued thereon at the tax interest rate as

defined in KRS 131.010(6).

(6) The provisions of this section shall not apply to a plaintiff holding a retail permit

issued pursuant to this chapter.
KRS § 35.812 — KY Code / Title V / Chapter 35 / Section 35.812
35.812 Delegation by the Governor
Status: in_force

35.812 Delegation by the Governor.

The Governor may delegate any authority vested in the Governor under this code, and

provide for the subdelegation of any such authority, except the power given the Governor

by KRS 35.105.
KRS § 350.133 — KY Code / Title XXVIII / Chapter 350 / Section 350.133
350.133 Mountaintop removal
Status: in_force

350.133 Mountaintop removal.

Nothing in this chapter shall prohibit the mountaintop removal method of strip mining

coal under the conditions set forth in this chapter or regulations promulgated pursuant

thereto.
KRS § 202B.030 — KY Code / Title XVII / Chapter 202B / Section 202B.030
202B.030 Placement of involuntarily admitted individual with an intellectual disability
Status: in_force

202B.030 Placement of involuntarily admitted individual with an intellectual

disability.

When individuals with an intellectual disability are involuntarily hospitalized under this

chapter, the cabinet may place them in an ICF/ID. No individual with an intellectual

disability may be involuntarily placed in a hospital without the consent of the secretary,

except when the determination of concurrent mental illness is made under the provisions

of KRS Chapter 202A. No individual with an intellectual disability may be involuntarily

admitted to a hospital or ICF/ID when the cabinet determines that appropriate programs

and space are not available.
KRS § 150.425 — KY Code / Title XII / Chapter 150 / Section 150.425
150.425 Bounty on beaver
Status: in_force

150.425 Bounty on beaver.

(1) Upon adoption of a resolution by the fiscal court that beaver exist within the county

in such quantities that they present a threat to the preservation of farmland, trees,

and other property, the fiscal court may request the department to pay a bounty on

beaver. Upon receipt of the resolution, a bounty on beaver of ten dollars ($10) for

each beaver shall be paid in the following manner. Upon the presentation of the tail

of any beaver, any game warden of the department shall issue a receipt, in the form

as prescribed by the commission, to the person presenting the tail. The department

shall redeem the receipts by paying to such person the sum of ten dollars ($10) for

each receipt as bounty. The redemption of receipts shall be paid only from funds

especially appropriated for this purpose and it is expressly provided that no bounty

shall be paid from any regular receipts, funds, or appropriations of the department.

However, the department may charge a maximum of one dollar ($1) against the

appropriation for bounties for each bounty paid as reimbursement for the expense of

administering the bounty program.

(2) No bounty shall be paid when funds, personnel, or equipment of any governmental

unit are used in capturing and killing beaver.

(3) Upon receipt of an adopted resolution from a fiscal court stating that beaver no

longer present a threat to property within the county, the department shall cease

paying the bounty.
KRS § 56.230 — KY Code / Title VII / Chapter 56 / Section 56.230
56.230 Survey, plat and certificate -- Issue of patent
Status: in_force

56.230 Survey, plat and certificate -- Issue of patent.

(1) The surveyor shall survey the entries in the order in which they are made, bounding

each entry by plainly marked trees, stones or stakes, noting where it binds on a

watercourse or the marked line of another survey, and giving names. The survey

shall be made in the presence of two (2) disinterested housekeepers as chainmen,

whose names shall be placed at the bottom of the plat and certificate. Each survey

must be made within six (6) months after the date of the entry. A plat and certificate

of the survey shall be made out by the surveyor and recorded in his books, and the

original thereof and a copy of the order of court under which it is made shall be

filed in the office of the Secretary of State within six (6) months after the survey is

made.

(2) When the survey is carried into grant, the Secretary of State shall write across the

face of the order on which the survey was made "satisfied," and sign his name to it.

The legal title to the land shall vest in the patentee as of the time the survey is made,

unless the plat and certificate of survey are filed more than six (6) months after the

survey is made, in which case the legal title shall vest in the patentee as of the date

of the patent.

(3) Plats and certificates are assignable, regardless of when made or when assigned, and

the assignment authorizes a patent to issue to the assignee. Land warrants are not

assignable.

(4) No patent shall be issued for more than two hundred (200) acres to any one (1)

person in any one (1) county.
KRS § 40.360 — KY Code / Title V / Chapter 40 / Section 40.360
40.360 Veterans' Service Organization Burial Honor Guard Program
Status: in_force

40.360 Veterans' Service Organization Burial Honor Guard Program.

(1) The Commonwealth of Kentucky recognizes the vast majority of honorable burials

for Kentuckians who have served their state and nation in the Armed Forces are

conducted by the veterans' service organizations. The active military units in

Kentucky, the Kentucky National Guard, and the military reserves are providing

burial honors details as available manpower permits. Year 2000 data from the

Department of Defense shows over 497,000 veterans died, but only 91,074 military

funeral honors were performed. Although the veterans' service organizations

provide untold thousands of unofficial services, many Kentucky veterans are still

being buried without honors, including firing details, color guard, and pallbearers.

(2) To correct this situation, the Department of Veterans' Affairs shall oversee a

Veterans' Service Organization Burial Honor Guard Program.

(3) The Department of Veterans' Affairs shall implement and administer the provisions

of this section through the promulgation of administrative regulations. These

regulations shall be in accordance with the provisions of KRS Chapter 13A.
KRS § 411.148 — KY Code / Title XXXVI / Chapter 411 / Section 411.148
411.148 Nonliability of licensees and certified technicians for emergency care
Status: in_force

411.148 Nonliability of licensees and certified technicians for emergency care.

(1) No physician licensed under KRS Chapter 311, registered or practical nurse

licensed under KRS Chapter 314, person certified as an emergency medical

technician by the Kentucky Cabinet for Health and Family Services, person certified

by the American Heart Association or the American Red Cross to perform

cardiopulmonary resuscitation, or employee of any board of education established

pursuant to the provision of KRS 160.160, who has completed a course in first aid

and who maintains current certification therein in accordance with the standards set

forth by the American Red Cross shall be liable in civil damages for administering

emergency care or treatment at the scene of an emergency outside of a hospital,

doctor's office, or other place having proper medical equipment excluding house

calls, for acts performed at the scene of such emergency, unless such acts constitute

willful or wanton misconduct.

(2) Nothing in this section applies to the administering of such care or treatment where

the same is rendered for remuneration or with the expectation of remuneration.

(3) The administering of emergency care or treatment at the scene of an emergency by

employees of a board of education shall not be considered to be rendered for

remuneration or with the expectation of remuneration because such personnel

perform such care as part of their regular professional or work responsibilities for

which they receive their regular salaries from the school board which is their

employer.
KRS § 132.385 — KY Code / Title XI / Chapter 132 / Section 132.385
132.385 Education program by department -- Certification program for administrators and others
Status: in_force

132.385 Education program by department -- Certification program for

administrators and others.

(1) The department shall develop and administer a program for the purpose of

providing education and training in the technical, legal, and administrative aspects

of property tax administration for property valuation administrators, deputy property

valuation administrators, and department employees. Courses may be created and

taught by department personnel or the department may adopt specific courses

offered by appropriate professional organizations.

(2) The department shall develop and administer, in cooperation with the property

valuation administrators, a certification program for property valuation

administrators, deputy property valuation administrators, and department

employees. A professional designation, "certified Kentucky assessor" (CKA), shall

be awarded to those individuals successfully meeting the standards established by

this program. Minimum requirements shall include one hundred twenty (120) hours

of classroom instruction, passage of subject matter examinations, and three (3) years

of experience in Kentucky property tax administration. An advanced designation,

"senior Kentucky assessor" (SKA), shall be awarded to those individuals

successfully completing an additional ninety (90) hours of classroom instruction,

passage of subject matter examinations, and an additional two (2) years of

experience in Kentucky property tax administration. Correspondence course credit

administered by the department may be substituted for no more than thirty (30)

hours of the one hundred twenty (120) hours required for the "certified Kentucky

assessor" (CKA) designation, and for no more than fifteen (15) hours of the

additional ninety (90) hours required for the "senior Kentucky assessor" (SKA)

designation.
KRS § 164A.220 — KY Code / Title XIII / Chapter 164A / Section 164A.220
164A.220 Chapter deemed supplemental to other laws
Status: in_force

164A.220 Chapter deemed supplemental to other laws.

The foregoing sections of this chapter shall be deemed to provide an additional and

alternative method for the doing of the things authorized thereby and shall be regarded as

supplemental and additional to powers conferred by other laws, and shall not be regarded

as in derogation of any powers now existing; provided, however, that the issuance of

bonds or notes under the provisions of this chapter need not comply with the

requirements of any other law applicable to the issuance of bonds or notes.
KRS § 332.202 — KY Code / Title XXVI / Chapter 332 / Section 332.202
332.202 License for driver training school and driver training instructor required
Status: in_force

332.202 License for driver training school and driver training instructor required.

(1) A person shall not operate, conduct, maintain, or establish a driver training school

unless the person holds a valid current license issued by the department.

(2) A person shall not operate, conduct, maintain, or establish a driver training school

unless the school has in its employ at least one (1) licensed driver training

instructor.

(3) A person shall not act as an instructor for a driver training school unless the person:

(a) Holds a valid current license as an instructor issued by the department; and

(b) Is employed by a licensed driver training school.
KRS § 376.150 — KY Code / Title XXXI / Chapter 376 / Section 376.150
376.150 Lien of employees on property of a mine, railroad, public improvement company, manufacturing establishment or other business -- Of persons furnishing supplies for operation of a railroad
Status: in_force

376.150 Lien of employees on property of a mine, railroad, public improvement

company, manufacturing establishment or other business -- Of persons

furnishing supplies for operation of a railroad.

(1) When the property or effects of any mine, railroad or canal, or other public

improvement company, or of any rolling mill, foundry or other manufacturing

establishment, or of any other business, whether incorporated or not, are assigned

for the benefit of, or are to be distributed among creditors, whether by operation of

law or by its own act, the employees of the owner or operator of the business shall

have a lien upon the property and effects which have been involved in the business

and upon the accessories connected therewith, including any interest in real property

used in carrying on the business.

(2) Any person who has furnished materials or supplies for carrying on or operating any

railroad shall likewise have a lien upon the property of the company involved in the

business and upon the accessories connected therewith, including the interest of the

company in the real property used in carrying on the business.
KRS § 176.090 — KY Code / Title XV / Chapter 176 / Section 176.090
176.090 Provisions of contract -- Partial and complete payment -- Bonds, bids, etc., to be filed
Status: in_force

176.090 Provisions of contract -- Partial and complete payment -- Bonds, bids, etc.,

to be filed.

(1) The contract shall state the time when the work shall be begun and completed, and

the time and manner of payment. The department may require that a certain percent

of the contract price, or a certain fixed sum shall not be paid to the contractor until a

fixed time after completion and acceptance of the work.

(2) When the contract provides for partial payment based on the amount of work done,

the representative of the department in charge of the work shall present to the

department, as each payment becomes due, a certificate signed by him, showing as

nearly as possible the amount of work done for which payment is to be made. If the

state highway engineer finds that the amount certified is due, the Finance and

Administration Cabinet shall draw a warrant for the amount certified, on the request

of the Department of Highways.

(3) When the work has been fully completed, the representative of the department shall

certify to the department a detailed and itemized statement of the cost of the work

done, and if it is found to be correct, the department shall certify the amount to the

Finance and Administration Cabinet, which shall draw a warrant for the amount

due.

(4) All bonds and bids filed and all contracts approved by the department and a copy of

all specifications and certifications shall be kept on file in the office of the

department.
KRS § 161.1211 — KY Code / Title XIII / Chapter 161 / Section 161.1211
161.1211 Classification of teachers
Status: in_force

161.1211 Classification of teachers.

(1) The Education Professional Standards Board shall rank teachers as follows:

(a) Rank I. Those holding regular certificates who have met the requirements

for Rank II and have additionally earned:

1. A master's degree in a subject field approved by the Education

Professional Standards Board or equivalent continuing education;

2. Initial certification of the National Board for Professional Teaching

Standards; or

3. Thirty (30) additional semester hours of approved graduate work or

equivalent continuing education.

The board shall not allow a teacher who qualified for Rank I status on the

basis of his or her national board certification to maintain that classification if

the national board certificate is revoked for misconduct or voided for other

reasons.

(b) Rank II. Those holding regular certificates and who:

1. Have a master's degree in a subject field approved by the Education

Professional Standards Board;

2. Have earned initial certification of the National Board for Professional

Teaching Standards; or

3. Have completed equivalent continuing education.

The board shall not allow a teacher who qualified for Rank II status on the

basis of his or her national board certification to maintain that classification if

the national board certificate is revoked for misconduct or voided for other

reasons.

(c) Rank III. Those holding regular certificates and who have an approved four

(4) year college degree or the equivalent.

(d) Rank IV. Those holding emergency certificates and who have ninety-six (96)

to one hundred twenty-eight (128) semester hours of approved college training

or the equivalent.

(e) Rank V. Those holding emergency certificates and who have sixty-four (64)

to ninety-five (95) semester hours of approved college training or the

equivalent.

(2) In determining ranks, the Education Professional Standards Board shall classify

teachers who hold valid certificates in the respective ranks according to approved

college semester hours of credit or equivalent continuing education. The board, in

defining preparation for certain types of vocational teachers as equivalent to college

training, shall give consideration to apprenticeship training and industrial

experience.

(3) For purposes of the state salary schedule only as referenced in KRS 158.070, rank

shall be determined on September 15 of each year.

(4) Nothing in this section shall allow the Education Professional Standards Board by

regulation to reclassify downward any teachers in Ranks II or I.
KRS § 311.6191 — KY Code / Title XXVI / Chapter 311 / Section 311.6191
311.6191 Nonliability of persons who furnish information to program
Status: in_force

311.6191 Nonliability of persons who furnish information to program.

Any member of the impaired physicians program created under KRS 311.616, as well as

any administrator, staff member, consultant, agent, or employee of the program acting

within the scope of his or her duties and without actual malice, and all other persons who

furnish information to the program in good faith and without actual malice, shall not be

liable for any claim or damages as a result of any statement, decision, opinion,

investigation, or action taken by the program, or by any individual member of the

program.
KRS § 100.167 — KY Code / Title IX / Chapter 100 / Section 100.167
100.167 Minutes and bylaws
Status: in_force

100.167 Minutes and bylaws.

The planning commission shall adopt bylaws for the transaction of business, and shall

keep minutes and records of all proceedings, including regulations, transactions, findings,

and determinations, and the number of votes for and against each question, and if any

member is absent or disqualifies from voting, indicating the fact, all of which shall,

immediately after adoption, be filed in the office of the commission or board, as

applicable. If the commission has no office, such records shall be filed in the office of the

county clerk. A transcript of the entire proceedings of a planning commission shall be

provided if requested by a party, at the expense of the requesting party, and the transcript

shall constitute the record.
KRS § 241.190 — KY Code / Title XX / Chapter 241 / Section 241.190
241.190 Functions of city administrator
Status: in_force

241.190 Functions of city administrator.

Each city administrator shall have the same duties and functions regarding local

license applications and renewals as the department with respect to state licenses.

Each city administrator shall have the same duties and functions regarding local

license penalization as the board with respect to state license penalization.