FrankGoortani/open-us-law huggingface dataset:
KRS § 210.005 — KY Code / Title XVIII / Chapter 210 / Section 210.005
210.005 Definitions for chapter
Status: in_force

210.005 Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1) "Cabinet" means the Cabinet for Health and Family Services;

(2) "Chronic" means that clinically significant symptoms of mental illness have

persisted in the individual for a continuous period of at least two (2) years, or that

the individual has been hospitalized for mental illness more than once in the last

two (2) years, and that the individual is presently significantly impaired in his

ability to function socially or occupationally, or both;

(3) "Deaf or hard-of-hearing" means having a hearing impairment so that a person

cannot hear and understand speech clearly through the ear alone, irrespective of the

use of any hearing aid device;

(4) "Individual with an intellectual disability" means a person with significantly

subaverage general intellectual functioning existing concurrently with deficits in

adaptive behavior and manifested during the developmental period;

(5) "Mental illness" means a diagnostic term that covers many clinical categories,

typically including behavioral or psychological symptoms, or both, along with

impairment of personal and social function, and specifically defined and clinically

interpreted through reference to criteria contained in the Diagnostic and Statistical

Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of

the American Psychiatric Association;

(6) "Regional community services program" means a community services program for

mental health or individuals with an intellectual disability established in accordance

with this chapter, a community mental health center, a certified community

behavioral health clinic, or a certified eligible community behavioral health clinic;

and

(7) "Secretary" means the secretary of the Cabinet for Health and Family Services.
KRS § 95.623 — KY Code / Title IX / Chapter 95 / Section 95.623
95.623 Rules -- Determination of pension applications -- Reports -- Legal adviser
Status: in_force

95.623 Rules -- Determination of pension applications -- Reports -- Legal adviser.

(1) The board of trustees of the pension fund may make all necessary rules for its

government in the discharge of its duties, and shall hear and decide all applications

for benefits or pensions. Its decision on these applications shall be conclusive, and

not subject to revision or reversal, except by the board except as provided in

subsection (1) of KRS 95.624. A record shall be kept of the meetings and

proceedings of the board.

(2) The board of trustees of the pension fund shall make an annual report on the

condition of the pension fund to the city commission or council at its first meeting

in May of each year.

(3) The city attorney shall, if requested, advise the board of trustees of the policemen's

and firefighters' pension fund in all matters pertaining to its duties and to the

management of the fund. He shall represent and defend the board in all actions that

may be brought against it, and bring all action in its behalf that may be requested by

the board.
KRS § 3.070 — KY Code / Title I / Chapter 3 / Section 3.070
3.070 Jurisdiction of land for Mammoth Cave National Park ceded
Status: in_force

3.070 Jurisdiction of land for Mammoth Cave National Park ceded.

(1) The United States is authorized to acquire, pursuant to the provisions of this

section, as well as in pursuance to KRS 148.111, 148.121, 148.141 and 148.151, the

lands, including the caves and caverns underlying the same, within the area

hereinafter referred to, as well as any lands contiguous or adjacent thereto which

may hereafter be duly authorized for acquisition for national park purposes, for the

purpose of converting same into, and for the establishment and maintenance thereon

of, a national park as contemplated and provided for by the Act of Congress entitled

"An Act to provide for the establishment of the Mammoth Cave National Park in

the State of Kentucky, and for other purposes," approved May 25, 1926 (44 Stat.

635), and any amendments thereto. The lands, consisting of approximately 70,618

acres, are situated in the counties of Edmonson, Barren and Hart, in Kentucky. The

general boundaries thereof are set forth in the report of the Southern Appalachian

National Park Commission to the Secretary of the Interior, under the date of April 8,

1926.

(2) The jurisdiction of Kentucky is ceded to the United States over, within and under all

the territory so acquired by the United States. Kentucky reserves the right to tax

sales of gasoline and other motor conveyance fuels and oils for use in motor

conveyances, except to the extent that such gasoline and other fuels and oils are

used by the United States and its agents in the administration, protection,

improvement, maintenance, development and operation of the land, and the right to

tax persons, their franchises and properties, on the land so acquired. Persons

residing on the land shall have the right to vote at all elections within the respective

counties of their residence the same as if the land had not been acquired by the

United States. Jurisdiction shall not vest in the United States until the United States,

through the Secretary of the Interior, notifies the Governor of Kentucky that the

United States assumes police jurisdiction over the land so acquired.
KRS § 182.210 — KY Code / Title XV / Chapter 182 / Section 182.210
182.210 Person acquiring leave for mill or factory not to disturb existing rights
Status: in_force

182.210 Person acquiring leave for mill or factory not to disturb existing rights.

No person shall, by reason of leave to build a mill or factory, draw the water from the

millpond of another existing at the time of the condemnation, or do anything injurious to

a vested interest in any waterworks then existing on the watercourse.
KRS § 83.610 — KY Code / Title IX / Chapter 83 / Section 83.610
83.610 Appointment and removal of subordinate officers, agents, and employees -- Compensation
Status: in_force

83.610 Appointment and removal of subordinate officers, agents, and employees --

Compensation.

(1) The director of each executive department may appoint chiefs of divisions of his

department, and remove them at pleasure. Except as otherwise provided by law, he

may employ such officers and agents as are necessary in his department, and may,

subject to any limitations imposed by ordinance, fix their compensation. Each

director of an executive department may administer oaths.

(2) All officers and agents of the city not required by law to be elected or appointed in

any other manner shall be elected or appointed in the manner prescribed by

ordinance.
KRS § 341.980 — KY Code / Title XXVII / Chapter 341 / Section 341.980
341.980 Construction of this chapter
Status: in_force

341.980 Construction of this chapter.

(1) In enacting this chapter, it is the intention of the General Assembly to comply with

the requirements of the Federal Unemployment Tax Act and all subsequent

amendments including, but not limited to P.L. 94-566 and P.L. 95-19. Contributions

or reimbursements required herein on account of previously uncovered services

performed prior to January 1, 1978, as defined in Section 121 of the Federal

Unemployment Compensation Act of 1976, as amended, and benefits based on such

services in employment defined herein shall be payable in the same amount, on the

same terms and subject to the same conditions as benefits payable on the basis of

other service subject to this chapter. Interpretations of the provisions contained

herein or elsewhere in this chapter should be consistent with such federal act and

interpretations thereof and substantial weight should be given to the commentary

contained in those documents entitled "Draft Language and Commentary to

Implement the Unemployment Compensation Amendments of 1976 - P.L. 94-566",

"Draft Legislation to Implement the Employment Security Amendments of 1970 ...

H. R. 14705" and "Manual of State Employment Security Legislation, Revised

September 1950," published by the United States Department of Labor, Manpower

Administration.

(2) If Public Law 94-566 or the federal act it amends shall for any cause become

inoperative in its application, or stayed pendente lite, as to services performed by

employees of this state or one (1) or more of its counties, cities, or political

subdivisions, then, the provisions of KRS 341.050(1)(d), 341.070(3) and 341.277,

by virtue of that fact, shall, likewise and to the same extent, become inoperative as

to such services. Any unobligated contributions in the unemployment insurance

fund paid into the fund by such governmental entity, or returned to this state by the

United States Treasurer because such federal law becomes inoperative, shall be

refunded to the governmental entity contributors proportionately to their

unexpended contributions under regulations of the commission. Nothing in this

subsection shall waive payments accrued in lieu of contributions.
KRS § 78.170 — KY Code / Title IX / Chapter 78 / Section 78.170
78.170 Omitted, 1948
Status: in_force

78.170 Omitted, 1948.

Catchline at time of omission: Examination of applicants; eligible lists.
KRS § 229.250 — KY Code / Title XIX / Chapter 229 / Section 229.250
229.250 Disbursal of fees and charges collected by Kentucky Boxing and Wrestling Commission
Status: in_force

229.250 Disbursal of fees and charges collected by Kentucky Boxing and

Wrestling Commission.

(1) The fees and charges collected by the Kentucky Boxing and Wrestling

Commission shall be paid into the State Treasury and credited to a separate

revolving or trust and agency fund account established for the purpose of

administrating this chapter. The cost and expenses of administering this

chapter, including compensation to members of the commission, its officers,

and employees shall be paid out of the State Treasury upon warrants of the

secretary of the Finance and Administration Cabinet according to law. The total

expense of administering this chapter shall not exceed the fees and other

charges collected by the commission and available in the revolving or trust and

agency fund account.

(2) All fees and charges collected by the Kentucky Boxing and Wrestling

Commission shall be available for the administration of this chapter, and for no

other purpose.
KRS § 433.892 — KY Code / Title XL / Chapter 433 / Section 433.892
433.892 Failure to maintain register of metals and objects containing metal -- Penalty
Status: in_force

433.892 Failure to maintain register of metals and objects containing metal --

Penalty.

(1) A person is guilty of failure to maintain a register of metals and objects containing

metal when the person fails or refuses to:

(a) Obtain the information required by KRS 433.890;

(b) Keep the records required by KRS 433.890 for the period of time required in

KRS 433.890;

(c) Provide the required records to the police department or sheriff as required by

KRS 433.890;

(d) Provide access to a peace officer to records required to be kept pursuant to

KRS 433.890; or

(e) Dispose of the records required to be maintained pursuant to KRS 433.890 in

a manner meeting the requirements of KRS 433.890.

(2) Failure to maintain a register of metals and objects containing metal is a Class B

misdemeanor.
KRS § 309.452 — KY Code / Title XXVI / Chapter 309 / Section 309.452
309.452 Duty to report noncompliance with KRS 309.430 to 309.454 -- Location and retention of required records
Status: in_force

309.452 Duty to report noncompliance with KRS 309.430 to 309.454 -- Location

and retention of required records.

(1) Any certified person or business entity shall report to the board the discovery of any

apparent noncompliance with any provision of KRS 309.430 to 309.454 or any

administrative regulation promulgated by the board pertaining to radon

measurement, mitigation, or laboratory analysis.

(2) Records required by this chapter or administrative regulations promulgated under

KRS 309.430 to 309.454, including but not limited to records of radon

measurement, mitigation, quality control program plans, calibration certifications,

laboratory analysis activities, worker health and safety plans, and equipment repairs

shall be retained by registrants, as applicable, for a minimum period of five (5)

years or the length of time of any warranty or guarantee, whichever is greater.

Records obtained by the board are exempt from the disclosure requirements of KRS

61.870 to 61.884, except that the board shall make the records available upon

request:

(a) To the owner or occupant of a building; and

(b) To the public aggregated at the zip code level without identifying individual

homeowners or individual property locations.

(3) Any measurement or mitigation contractor applying for registration or renewal of

registration shall specify, for approval by the board, the location where records

required under this section shall be maintained for inspection by the board. This

location shall be within the Commonwealth of Kentucky.
KRS § 120.165 — KY Code / Title X / Chapter 120 / Section 120.165
120.165 Procedure in contest of regular election -- Trial -- Judgment
Status: in_force

120.165 Procedure in contest of regular election -- Trial -- Judgment.

(1) A contest instituted under KRS 120.155 shall proceed as equity actions. Upon

return of the summons properly executed to the office of the circuit clerk, he or she

shall immediately docket the case and notify the presiding judge of the court that the

contest has been filed. The judge shall proceed to a trial of the cause without delay.

In courts having more than one (1) judge, the judge who shall try the case shall be

determined by lot. The court shall complete the case as soon as practicable. The

action shall have precedence over all other cases.

(2) The evidence in chief for the contestant shall be completed within thirty (30) days

after service of summons; the evidence for the contestee shall be completed within

twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal

shall be completed within seven (7) days after the contestee has concluded;

provided that for cause the court may grant a reasonable extension of time to either

party.

(3) All voting machines, voting equipment, or voting systems, ballots, stub books, and

other papers concerning which there is any ground for contest may be removed to

the court in which the action is pending.

(4) If it appears from an inspection of the whole record that there has been such fraud,

intimidation, bribery, or violence in the conduct of the election that neither

contestant nor contestee can be judged to have been fairly elected, the Circuit Court,

or an appellate court, on appeal, may adjudge that there has been no election. In that

event the office shall be deemed vacant, with the same legal effect as if the person

elected had refused to qualify. If one (1) of the parties is adjudged by the court to be

elected to the office, he or she shall, on production of a copy of the final judgment,

be permitted to qualify or be commissioned.
KRS § 35.590 — KY Code / Title V / Chapter 35 / Section 35.590
35.590 Unlawful detention
Status: in_force

35.590 Unlawful detention.

Any person subject to this code who, except as provided by law or regulation,

apprehends, arrests, or confines any person shall be punished as a court-martial may

direct.
KRS § 343.020 — KY Code / Title XXVII / Chapter 343 / Section 343.020
343.020 Kentucky Apprenticeship Council
Status: in_force

343.020 Kentucky Apprenticeship Council.

(1) The Kentucky Apprenticeship Council is hereby created and established as an

administrative body charged with providing advice to the commissioner on

matters affecting apprenticeship policy.

(2) (a) The Kentucky Apprenticeship Council shall consist of six (6) members

appointed by the Governor as follows: two (2) members who shall

represent employees or apprentices, two (2) members who shall

represent employers or apprenticeship program sponsors, and two (2)

at-large members. These six (6) members shall serve for a term of four

(4) years and until their successors are appointed and qualified. The

commissioner of the Department for Workforce Development shall serve

as the seventh member and be chair of the council.

(b) The council shall meet at the call of the commissioner. A majority of the

members of the council, except for the commissioner of the Department

of Workforce Development, shall constitute a quorum for the transaction

of business.

(c) Any member appointed to fill a vacancy occurring for any reason other

than by expiration of a term shall be appointed for the remainder of the

unexpired term. Any member whose term has expired, however, shall

serve until his or her successor is appointed and qualified.

(d) Members shall be reimbursed for necessary expenses incurred in

fulfillment of their duties on the council in the manner and amounts

prescribed for state employees by KRS 45.101 and the administrative

regulations promulgated under the authority of that statute. No member of

the council, however, shall be paid for his or her attendance at any

meeting.

(3) The council shall be attached to the Department of Workforce Development

within the Education and Labor Cabinet for administrative purposes.
KRS § 219.021 — KY Code / Title XVIII / Chapter 219 / Section 219.021
219.021 Permits for hotels -- Fee -- Exemptions -- Permits not transferable
Status: in_force

219.021 Permits for hotels -- Fee -- Exemptions -- Permits not transferable.

(1) No person shall operate a hotel without first having obtained a permit to operate

from the cabinet. An application for a permit to operate any hotel shall be made to

the cabinet upon forms provided by it and shall contain the information the cabinet

requires.

(2) The cabinet shall promulgate administrative regulations to establish a fee not to

exceed administrative costs of the program to the cabinet, that shall be paid with

each application for an annual permit and permit renewal to operate a hotel.

(3) Upon receipt of an application for a permit to operate a hotel accompanied by the

required fee, the cabinet shall issue a permit if the hotel meets the requirements of

KRS 219.011 to 219.081 and administrative regulations promulgated by the cabinet.

Hotels holding a valid and effective permit on January 1, 1973, even though not

fully meeting the construction requirements of KRS 219.011 to 219.081 and the

administrative regulations promulgated by the cabinet, may continue to be eligible

for permit renewal if in good repair and capable of being maintained in a safe and

sanitary manner and if there is no change in ownership of the establishment.

(4) Each annual permit to operate a hotel, unless previously suspended or revoked, shall

expire on December 31 following its date of issuance, and be renewable annually

upon application accompanied by the required fee, provided the hotel is in

compliance with KRS 219.011 to 219.081 and administrative regulations

promulgated by the cabinet.

(5) Each permit to operate a hotel shall be issued only for the premises and person

named in the application and shall not be transferable. Permits issued shall be

posted in a conspicuous place in the hotel.
KRS § 387.025 — KY Code / Title XXXIII / Chapter 387 / Section 387.025
387.025 Application for appointment as guardian, limited guardian, or conservator
Status: in_force

387.025 Application for appointment as guardian, limited guardian, or

conservator.

(1) Any interested person or entity may petition the District Court for the appointment

of a guardian or limited guardian for an unmarried minor.

(2) Any interested person or entity may petition the District Court for appointment of a

conservator for a minor who owns real or personal property, or both, requiring

management or protection or who has or may have business interests that may be

jeopardized or prevented by minority, or who needs a conservator to settle or

compromise claims.

(3) The petition for appointment shall set forth the following:

(a) The name and address of the minor;

(b) The date of birth of the minor;

(c) The name and address of the minor's spouse, if any;

(d) The names and addresses of the minor's parents, or if the minor has no living

parent, the names and addresses of the minor's adult next of kin;

(e) The name and address of the individual or facility having custody of the

minor;

(f) The facts and reasons supporting the need for a guardianship, limited

guardianship, or conservatorship for the minor;

(g) A description and approximation of the value of the minor's real and personal

property and other financial resources, including government benefits,

insurance entitlements, and anticipated yearly income;

(h) The name and address of the petitioner;

(i) The name and address of the petitioner's attorney, if any; and

(j) The name and address of the person or entity desiring appointment as

guardian, limited guardian, or conservator.

(4) The petition shall be accompanied by a verified application of the person or entity

desiring appointment as guardian, limited guardian, or conservator. The application

shall set forth the following:

(a) Name, address, and age of the applicant;

(b) The applicant's relationship to the minor, if any;

(c) Whether or not the applicant has ever been convicted of a crime; and

(d) The applicant's qualifications to serve as guardian, limited guardian, or

conservator.

(5) The District Court shall appoint a time for hearing the petition and application.

Notice of the time and place of the hearing shall be given not less than five (5) days

prior to the hearing to the minor, if the minor is more than fourteen (14) years of

age, and to each of the persons or entities required to be named in the petition. Proof

of notice shall be made in accordance with the provisions of KRS 395.016. Notice

may be waived as provided in KRS 395.016.
KRS § 131.430 — KY Code / Title XI / Chapter 131 / Section 131.430
131.430 Administration and publicizing of program
Status: in_force

131.430 Administration and publicizing of program.

The department shall promulgate administrative regulations as necessary, issue forms and

instructions, and take all actions necessary to implement the provisions of KRS 131.410

to 131.445. The department shall extensively publicize the tax amnesty program in order

to maximize the public awareness of and participation in the program.
KRS § 132.097 — KY Code / Title XI / Chapter 132 / Section 132.097
132.097 Exemption from state ad valorem tax of personal property held for shipment out of state
Status: in_force

132.097 Exemption from state ad valorem tax of personal property held for

shipment out of state.

There shall be exempt from ad valorem tax for state purposes, personal property placed in

a warehouse or distribution center for the purpose of subsequent shipment to an out-of-

state destination. Personal property shall be deemed to be held for shipment to an out-of-

state destination if the owner can reasonably demonstrate that the personal property will

be shipped out of state within the next six (6) months.
KRS § 299.360 — KY Code / Title XXV / Chapter 299 / Section 299.360
299.360 Classification of insured property -- Separation of risks
Status: in_force

299.360 Classification of insured property -- Separation of risks.

(1) A company may classify the property or buildings insured therein, either at the time

of insurance or at any other time, in the manner provided for in the bylaws. All

classifications shall be made uniform as between all members of the company.

(2) Requirements as to the separation of one (1) risk from another shall be left to the

discretion of the officers of the company.