FrankGoortani/open-us-law huggingface dataset:
KRS § 211.820 — KY Code / Title XVIII / Chapter 211 / Section 211.820
211.820 Functions, powers, and duties of Cabinet for Health and Family Services
Status: in_force

211.820 Functions, powers, and duties of Cabinet for Health and Family Services.

(1) The Cabinet for Health and Family Services shall have the following functions,

powers, and duties:

(a) To conduct a survey of all of the existing facilities within the state having to

do with the diagnosis, evaluation, and treatment of patients with kidney

disease and to prepare and submit its findings and a specific program of

action;

(b) To evaluate the need for the creation of local or regional facilities and for the

establishing of a major kidney research center;

(c) To develop and administer scientific investigations into the cause, prevention,

methods of treatment, and cure of renal disease, including research into

transplantation of kidneys;

(d) To develop techniques for an effective method of mass testing for the

detection of kidney diseases and urinary tract infections;

(e) To develop more efficient methods of medical care for kidney disease and to

develop more effective and economical kidney dialysis equipment;

(f) To survey and evaluate the need for a program of professional education and

training for medical students, physicians, and nurses in the care and treatment

of kidney diseases;

(g) To report to the Governor and to a committee of the legislature annually on or

before February 1 its findings, a progress report, its activities and the state's

total needs in this area; and

(h) To enter into such contracts and agreements with individuals, colleges,

universities, associations, corporations, municipalities, and other units of

government as may be deemed necessary and advisable to carry out the

general intent and purposes of this section. Such contracts may provide for

payment by the state, within the limit of funds available, for materials,

equipment, or services.

(2) The secretary may adopt rules and regulations necessary to effect the purposes of

this section.
KRS § 244.010 — KY Code / Title XX / Chapter 244 / Section 244.010
244.010 Definitions
Status: in_force

244.010 Definitions.

As used in this chapter, unless the context requires otherwise, the words and terms

defined in KRS 241.010 have the meaning given to them in KRS 241.010.
KRS § 35.260 — KY Code / Title V / Chapter 35 / Section 35.260
35.260 Number of votes required
Status: in_force

35.260 Number of votes required.

(1) No person may be convicted of an offense except as provided in KRS 35.225(2) or

by the concurrence of two-thirds (2/3) of the members present at the time the vote is

taken.

(2) All other questions to be decided by the members of a general or special court-

martial shall be determined by a majority vote, but a determination to reconsider a

finding of guilty or to reconsider a sentence, with a view toward decreasing it, may

be made by any lesser vote which indicates that the reconsideration is not opposed

by the number of votes required for that finding or sentence. A tie vote on a

challenge disqualifies the member challenged. A tie vote on a motion relating to the

question of the accused's sanity is a determination against the accused. A tie vote on

any other question shall be a determination in favor of the accused.
KRS § 91.400 — KY Code / Title IX / Chapter 91 / Section 91.400
91.400 Proceedings before board of equalization -- Appeal
Status: in_force

91.400 Proceedings before board of equalization -- Appeal.

(1) The assessment books shall remain open in the assessor's office from September 15

to September 30. Any person who thinks that his lands, improvements or personal

property or those in which he has an interest have been assessed beyond their value

may, before September 30, file with the assessor his complaint, specifically

describing the property claimed to be assessed beyond its value and the alleged

excess. The board of equalization shall investigate all complaints duly filed and

shall, according to the justice of the case, approve, reduce or raise the assessment.

When any complaint is heard by the board of equalization, the burden of proof shall

be upon the person complaining to show that his property has been assessed beyond

its value, or that he did not, on the assessing date, own the property sought to be

assessed. If the board decides on investigation that any assessment is too low, it

shall thereupon notify the taxpayer by mail, stating the value which it believes

should be put upon the property involved, and fix a day for the taxpayer to appear

before it, not earlier than five (5) days, exclusive of Sundays and holidays, after the

mailing of the notice. If the taxpayer appears he shall be given an opportunity to

show why the value suggested by the board is not correct, and the board shall

thereupon fix the assessment of the property. If the taxpayer does not appear at the

time set, the board shall fix the assessment of the property at its proper value.

(2) Any taxpayer feeling himself aggrieved by any action of the board of equalization

may appeal to the Circuit Court within thirty (30) days after the final adjournment

of the board of equalization, by filing with the court a copy of the action of the

board, certified by the assessor. The assessor or the city attorney, if he feels that the

city has been aggrieved by the action of the board of equalization or on account of

the failure of the board to act, may appeal from the board to the Circuit Court by

filing with that court a brief statement showing the action of the board or stating

wherein it failed to properly act. The court shall hear evidence and pass upon all

such appeals. The taxpayer, the assessor or the city attorney may appeal from the

Circuit Court to the Court of Appeals as in other civil cases. When an appeal from

the board is taken by a taxpayer, the city attorney shall represent the board in the

Circuit Court and the Court of Appeals, and when an appeal from the board is taken

by the city attorney or the city assessor, the city attorney shall represent the interests

of the city in those courts.
KRS § 257.460 — KY Code / Title XXI / Chapter 257 / Section 257.460
257.460 Revolving fund for enforcement
Status: in_force

257.460 Revolving fund for enforcement.

All money collected under the provisions of KRS 257.370 to 257.450 shall be paid to the

State Treasurer and by him placed in a revolving fund to be used by the Kentucky

Department of Agriculture for the purpose of enforcing the provisions of KRS 257.370 to

257.450.
KRS § 63.030 — KY Code / Title VIII / Chapter 63 / Section 63.030
63.030 Petition for impeachment
Status: in_force

63.030 Petition for impeachment.

(1) Any person may, by written petition to the House of Representatives, signed by

himself, verified by his own affidavit and the affidavits of such others as he deems

necessary, and setting forth the facts, pray the impeachment of any officer.

(2) The House shall refer the petition to a committee, with power to send for persons

and papers, to report thereon.
KRS § 216B.306 — KY Code / Title XVIII / Chapter 216B / Section 216B.306
216B.306 Procedures, remedies, and penalties for operation of boarding home without registration
Status: in_force

216B.306 Procedures, remedies, and penalties for operation of boarding home

without registration.

(1) When the cabinet has reasonable cause to believe that any person, association,

business entity, or organization is operating a boarding home without a registration,

the cabinet may:

(a) Issue and deliver a notice to cease and desist from the violations;

(b) Issue and deliver a notice to cease and desist to any person who aids and abets

the operation of a boarding home that is not registered; and

(c) Impose a civil penalty of at least one thousand dollars ($1,000) but not more

than five thousand dollars ($5,000) upon the person, association, business

entity, or organization that operates a boarding home that is not registered by

the cabinet.

(2) Issuance of a notice under subsection (1) of this section shall not constitute agency

action for which a hearing under KRS Chapter 13B may be sought.

(3) For the purpose of enforcing a cease and desist order and penalties under subsection

(1) of this section, the cabinet may file a proceeding in the name of the

Commonwealth seeking issuance of an injunction and enforcement of penalties

against any person who violates subsection (1) of this section.

(4) In addition to the remedies under subsection (1) of this section, the cabinet may

impose a civil penalty of at least one thousand dollars ($1,000) but not more than

five thousand dollars ($5,000) upon the person, association, business, entity, or

organization who aids and abets the operation of a boarding home that is not

registered. If the cabinet is required to seek enforcement of the cease and desist

order, it shall be entitled to collect attorney's fees, costs, and any expenses incurred

by the cabinet or local government as a consequence of and incident to the

relocation of boarders to appropriate housing.
KRS § 83.570 — KY Code / Title IX / Chapter 83 / Section 83.570
83.570 Executive departments and directors
Status: in_force

83.570 Executive departments and directors.

The board of aldermen may establish such executive departments by ordinance as it

deems necessary and proper for the efficient administration of governmental matters of

the city. The board of aldermen shall designate the duties and powers of departments so

established by ordinance and may transfer to any such department duties and powers

which it may have previously assigned to another department. Each department shall be

under the supervision and direction of a director appointed by the mayor and said

directors of any departments so appointed shall be removable at any time at the pleasure

of the mayor so appointing them, or any of his successors in office, but not by any officer

who may merely for the time be filling the office of mayor in the absence or during the

temporary disability of the regularly elected or appointed mayor. The directors of said

departments shall have the same qualifications as members of the legislative body of the

city and shall be selected for their special fitness for the work of the departments, and

shall devote their entire time to the discharge of their duties and shall receive adequate

compensation fixed by ordinance. No member of the legislative body shall be eligible to

appointment as director of any department. Directors shall hold office until they resign or

are removed as herein provided.
KRS § 175.550 — KY Code / Title XV / Chapter 175 / Section 175.550
175.550 Remedies of bondholders
Status: in_force

175.550 Remedies of bondholders.

Any holder of bonds issued under the provisions of this chapter or any of the coupons

appertaining thereto, and the trustee under any trust indenture, except to the extent the

rights herein given may be restricted by such trust indenture, may, either at law or in

equity, by suit, action, mandamus or other proceedings, protect and enforce any and all

rights under the laws of the Commonwealth or granted under this chapter or under such

trust indenture or the proceedings authorizing the issuance of such bonds, and may

enforce and compel the performance of all duties required by this chapter or by such trust

indenture or proceedings to be performed by the authority or by any officer or employees

thereof, including the fixing, charging and collecting of tolls.
KRS § 446.070 — KY Code / Title XLI / Chapter 446 / Section 446.070
446.070 Penalty no bar to civil recovery
Status: in_force

446.070 Penalty no bar to civil recovery.

A person injured by the violation of any statute may recover from the offender such

damages as he sustained by reason of the violation, although a penalty or forfeiture is

imposed for such violation.
KRS § 278.700 — KY Code / Title XXIV / Chapter 278 / Section 278.700
278.700 Definitions for KRS 278.700 to 278.716
Status: in_force

278.700 Definitions for KRS 278.700 to 278.716.

As used in KRS 278.700 to 278.716, unless the context requires otherwise:

(1) "Board" means the Kentucky State Board on Electric Generation and Transmission

Siting created in KRS 278.702;

(2) "Merchant electric generating facility" means, except for a qualifying facility as

defined in subsection (7) of this section, an electricity generating facility or facilities

that, together with all associated structures and facilities:

(a) Are capable of operating at an aggregate capacity of ten megawatts (10MW)

or more; and

(b) Sell the electricity they produce in the wholesale market, at rates and charges

not regulated by the Public Service Commission;

(3) "Person" means any individual, corporation, public corporation, political

subdivision, governmental agency, municipality, partnership, cooperative

association, trust, estate, two (2) or more persons having a joint or common interest,

or any other entity, and no portion of KRS 224.10-280, 278.212, 278.214, 278.216,

278.218, and 278.700 to 278.716 shall apply to a utility owned by a municipality

unless the utility is a merchant plant as defined in this section;

(4) "Commence to construct" means physical on-site placement, assembly, or

installation of materials or equipment which will make up part of the ultimate

structure of the facility. In order to qualify, these activities must take place at the

site of the proposed facility or must be site-specific. Activities such as site clearing

and excavation work will not satisfy the commence to construct requirements;

(5) "Nonregulated electric transmission line" means an electric transmission line and

related appurtenances for which no certificate of public convenience and necessity

is required; which is not operated as an activity regulated by the Public Service

Commission; and which is capable of operating at or above sixty-nine thousand

(69,000) volts;

(6) "Residential neighborhood" means a populated area of five (5) or more acres

containing at least one (1) residential structure per acre;

(7) "Qualifying facility" means a cogeneration facility as defined in 16 U.S.C. sec.

796(18)(b) which does not exceed a capacity of one hundred fifty megawatts

(150MW) that is located on site at a manufacturer's plant and that uses steam from

the cogeneration facility in its manufacturing process, or an industrial energy facility

as defined in KRS 224.1-010 that does not generate more than one hundred fifty

megawatts (150MW) for sale and has received all local planning and zoning

approvals; and

(8) "Carbon dioxide transmission pipeline" means the in-state portion of a pipeline,

including appurtenant facilities, property rights, and easements, that is used

exclusively for the purpose of transporting carbon dioxide to a point of sale, storage,

or other carbon management applications.
KRS § 227.210 — KY Code / Title XIX / Chapter 227 / Section 227.210
227.210 Delegation of state fire marshal's powers and duties
Status: in_force

227.210 Delegation of state fire marshal's powers and duties.

Any power, duty or function, whether ministerial, discretionary or whatever character,

vested in or imposed upon the state fire marshal, by any provision of KRS 227.200 to

227.410, 227.550 to 227.660, and 227.990 to 227.992 may be exercised, discharged, and

performed by any deputy or assistant of the state fire marshal acting in the state fire

marshal's name and by his delegated authority.
KRS § 309.310 — KY Code / Title XXVI / Chapter 309 / Section 309.310
309.310 Duties of policy committee
Status: in_force

309.310 Duties of policy committee.

(1) The committee shall provide ongoing advice and input to the board regarding the

criteria for licensure and the ratio between consumer demand and the existing

supply of licensed interpreters or those eligible for licensure.

(2) The committee shall make recommendations to the board regarding the content of

relevant administrative regulations.

(3) The committee shall provide ongoing review of professional development and

support systems for interpreters including existing public and private education

programs and training resources within the Commonwealth.
KRS § 96.900 — KY Code / Title IX / Chapter 96 / Section 96.900
96.900 Estoppel to question validity of KRS 96.550 to 96.890
Status: in_force

96.900 Estoppel to question validity of KRS 96.550 to 96.890.

Any municipality or board exercising any of the powers granted under KRS 96.550 to

96.890 or any person accepting benefits conferred thereby shall be estopped to question

the validity of any provision of KRS 96.550 to 96.890.
KRS § 69.210 — KY Code / Title IX / Chapter 69 / Section 69.210
69.210 Duties of county attorney
Status: in_force

69.210 Duties of county attorney.

(1) The county attorney shall attend the fiscal court or consolidated local government

and conduct all business touching the rights or interests of the county or

consolidated local government, and when so directed by the fiscal court or

consolidated local government, he or she shall institute, defend, and conduct all

civil actions in which the county or consolidated local government is interested

before any of the courts of the Commonwealth.

(2) (a) The county attorney shall attend to the prosecution in the juvenile session of

the District Court of all proceedings held pursuant to petitions filed under

KRS Chapter 610 and over which the juvenile session of the District Court

has jurisdiction pursuant to KRS Chapter 610.

(b) Notwithstanding paragraph (a) of this subsection, the attorneys for the Cabinet

for Health and Family Services may attend to the prosecution of any case

under KRS Chapter 620 upon written consent of the county attorney and

judge of the District Court or family division of the Circuit Court.

(3) The county attorney shall give legal advice to the fiscal court or consolidated local

government and the several county or consolidated local government officers in all

matters concerning any county or consolidated local government business within

their jurisdiction. He or she shall oppose all unjust or illegally presented claims.

(4) A county attorney serving in a county, consolidated local government, or urban-

county which is part of a judicial circuit described by KRS 69.010(2), in addition to

the duties in subsections (1) and (2) of this section, shall have the following duties:

(a) He or she shall attend all civil cases and proceedings in his or her county in

which the Commonwealth is interested; and

(b) He or she shall advise the collector of money due the Commonwealth in the

county or consolidated local government in regard to motions against

delinquent collecting officers for failing to return executions, and shall

prosecute the motions. In no case shall the county attorney take a fee or act as

counsel in any case in opposition to the interest of the county or consolidated

local government.
KRS § 246.650 — KY Code / Title XXI / Chapter 246 / Section 246.650
246.650 Definitions for KRS 246.660
Status: in_force

246.650 Definitions for KRS 246.660.

As used in KRS 246.660, unless the context clearly requires otherwise:

(1) "Harvest" means to take any part of the ginseng plant while the plant is living; and

(2) "Ginseng" means any part of the American ginseng plant known as Panax

quinquefolius.
KRS § 61.362 — KY Code / Title VIII / Chapter 61 / Section 61.362
61.362 Agreement permitting peace officers to patrol private residential property to enforce state and local traffic and motor vehicle laws
Status: in_force

61.362 Agreement permitting peace officers to patrol private residential property

to enforce state and local traffic and motor vehicle laws.

(1) Any public police department, sheriff's office, or the Department of Kentucky State

Police may, upon written agreement with a residential property owner or a

residential property owners' association, patrol the roadways and parking lots of

private residential communities within the jurisdiction of the public police

department, sheriff's office, or the Department of Kentucky State Police and enforce

the traffic and motor vehicle laws of the Commonwealth of Kentucky and local

traffic and motor vehicle ordinances, on that residential private property.

(2) This section shall not permit a public police department, sheriff's office, or the

Department of Kentucky State Police to enforce the private rules or regulations of

the residential property owner.

(3) This section shall not limit any peace officer from coming on residential private

property for the enforcement of the law, provided that the entry upon residential

private property is consistent with the provisions of the Constitution of the United

States, the Constitution of Kentucky, the Kentucky Revised Statutes, and applicable

court decisions.
KRS § 198B.659 — KY Code / Title XVII / Chapter 198B / Section 198B.659
198B.659 Military training and experience satisfies requirements of KRS 198B.658(1) or (2)
Status: in_force

198B.659 Military training and experience satisfies requirements of KRS

198B.658(1) or (2).

If an applicant for a master heating, ventilation, and air conditioning contractor's

license or journeyman heating, ventilation, and air conditioning mechanic's license

presents the department with proof of training and experience equivalent to the

training and experience requirements of KRS 198B.658(1) or (2), whichever is

applicable, acquired while serving as a member of the United States Armed Forces,

Reserves, or National Guard, and actively engaged in that occupation as part of his

or her military duties for not less than two (2) years as annotated on the Department

of Defense Form DD 214, the department shall accept that training and experience.

The applicant shall meet the remaining applicable qualification requirements set

forth in KRS 198B.658(1) or (2).
KRS § 457.460 — KY Code / Title XLII / Chapter 457 / Section 457.460
457.460 Effect on existing powers of attorney
Status: in_force

457.460 Effect on existing powers of attorney.

Except as otherwise provided in this chapter, on July 15, 2020:

(1) This chapter applies to a power of attorney created before, on, or after July 15,

2020;

(2) This chapter applies to a judicial proceeding concerning a power of attorney

commenced on or after July 15, 2020;

(3) This chapter applies to a judicial proceeding concerning a power of attorney

commenced before July 15, 2020, unless the court finds that application of a

provision of this chapter would substantially interfere with the effective conduct of

the judicial proceeding or prejudice the rights of a party, in which case that

provision does not apply and the superseded law applies; and

(4) An act done before July 15, 2020, is not affected by this chapter.