FrankGoortani/open-us-law huggingface dataset:
KRS § 96.535 — KY Code / Title IX / Chapter 96 / Section 96.535
96.535 Water plant or electric light, heat and power plant of city with population of 8,000 or more -- Maintenance, operation and depreciation funds for -- Payment of surplus to general fund of city -- Fair return on property
Status: in_force

96.535 Water plant or electric light, heat and power plant of city with population

of 8,000 or more -- Maintenance, operation and depreciation funds for --

Payment of surplus to general fund of city -- Fair return on property.

(1) At the time or before or after the issuance of revenue bonds for the acquisition,

extension or maintenance of a system of waterworks or electric light, heat and

power plants in cities with populations equal to or greater than eight thousand

(8,000) based upon the most recent federal decennial census, which bonds do not

represent the general obligation of the city, the city legislative body shall, by

ordinance, set aside and pledge the income and revenue of any such municipally

owned utility into a separate and special fund to be used and applied in the payment

of the cost thereof, and in the maintenance, operation and depreciation thereof, and

for the purposes hereinafter set out. The ordinance shall definitely fix and determine

the amount of revenue necessary to be set apart and applied to the payment of the

principal and interest of the bonds, and the portion of the balance of the income and

revenue to be set aside as a proper and adequate depreciation account, and the

portion to be set aside for the reasonable and proper operation and maintenance of

the utility, and may provide that the surplus not needed for the purposes aforesaid

shall be paid over to and become a part of the general funds of such city. The rates

to be charged for services from the utility shall be fixed and revised from time to

time by the board appointed to operate the utility by and with the approval of the

legislative body of the city so as to be sufficient to provide for the payment of

interest upon all bonds and to create a sinking fund to pay the principal thereof

when due; to provide for the operation and maintenance of the utility and an

adequate depreciation account; and such rates may be fixed as will furnish a fair and

reasonable return to the municipality on the fair value of the used and useful

property of the utility.

(2) Nothing in this section shall apply to electrical plants acquired or operated under

provisions of KRS 96.550 to 96.900.
KRS § 80.470 — KY Code / Title IX / Chapter 80 / Section 80.470
80.470 Members and employees not to hold interest in housing
Status: in_force

80.470 Members and employees not to hold interest in housing.

No member or employee of an authority shall acquire any interest direct or indirect in any

housing or in any property included or planned to be included in any project, nor shall he

have any interest direct or indirect in any contract or proposed contract for materials or

services to be furnished or used in connection with any housing. If any member or

employee of an authority owns or controls an interest direct or indirect in any property

included or planned to be included in any housing project, he immediately shall disclose

the same in writing to the authority and such disclosure shall be entered upon the minutes

of the authority. Failure so to disclose such interest shall constitute misconduct in office.

Upon such disclosure such member or employee shall not participate in any action by the

authority affecting such property.
KRS § 26A.140 — KY Code / Title IV / Chapter 26A / Section 26A.140
26A.140 Accommodation of special needs of children
Status: in_force

26A.140 Accommodation of special needs of children.

(1) Courts shall implement measures to accommodate the special needs of children

which are not unduly burdensome to the rights of the defendant, including but not

limited to:

(a) 1. Trained guardians ad litem or special advocates, if available, shall be

appointed for all child victims and shall serve in Circuit and District

Courts to offer consistency and support to the child and to represent the

child's interests where needed.

2. The guardians ad litem shall be paid a fee fixed by the court, which shall

be paid by the Finance and Administration Cabinet;

(b) During trials involving child victims or child witnesses, the environment of

the courtroom shall be modified to accommodate children through the use of

small chairs, frequent breaks, and the use of age appropriate language;

(c) Children expected to testify shall be prepared for the courtroom experience by

the Commonwealth's or county attorney handling the case with the assistance

of the guardian ad litem or special advocate; and

(d) In appropriate cases, procedures shall be used to shield children from visual

contact with alleged perpetrator.

(2) The Supreme Court is encouraged to issue rules for the conduct of criminal and

civil trials involving child abuse in which a child victim or child witness may testify

at the trial.
KRS § 2.149 — KY Code / Title I / Chapter 2 / Section 2.149
2.149 Farmer Suicide Prevention Day
Status: in_force

2.149 Farmer Suicide Prevention Day.

(1) The Wednesday of National Farm Safety Week, which is the third week of

September, shall be observed in Kentucky as "Farmer Suicide Prevention Day."

(2) The Governor shall annually proclaim the Wednesday of National Farm Safety

Week as "Farmer Suicide Prevention Day" and encourage citizens of this

Commonwealth to recognize the mental health challenges faced in the farming

community and to fully support those farmers and farm families who produce the

food, fiber, feed, and fuel for this nation and the world.
KRS § 139.660 — KY Code / Title XI / Chapter 139 / Section 139.660
139.660 Security for compliance with chapter
Status: in_force

139.660 Security for compliance with chapter.

(1) Whenever it is deemed necessary to insure compliance with this chapter, the

department may require any person subject thereto to place with it such security as

the department may determine. The amount of the security shall be fixed by the

department but, except as provided in subsection (2), shall not be greater than twice

the estimated average liability of persons filing returns for quarterly periods or three

(3) times the estimated average liability of persons required to file returns for

monthly periods, determined in such manner as the department deems proper.

(2) In case of persons habitually delinquent in their obligations under this chapter, the

amount of the security shall not be greater than three (3) times the average liability

of persons filing returns for quarterly periods or five (5) times the average liability

of persons required to file returns for monthly periods.

(3) The limitations herein provided apply regardless of the type of security placed with

the department.

(4) The amount of the security may be increased or decreased by the department subject

to the limitations herein provided.

(5) (a) The department may sell the security at public auction if it becomes necessary

to do so in order to recover any tax, interest or penalty due. Security in the

form of a bearer bond issued by the United States or any state or local

governmental unit which has a prevailing market price may, however, be sold

by the department at a private sale at a price not lower than the prevailing

market price thereof.

(b) The department shall give notice of the date, time and place of the sale to the

person who placed the security by certified mail addressed to him at his last

known address as it appears in the records of the department, or delivery to

such person.

(c) Delivery means handing it to such person or leaving it at his place of business

with the person in charge thereof; or, if there is no one in charge, leaving it in

a conspicuous place therein; or, if the place of business is closed or the person

to be served has no place of business, leaving it at his dwelling house with

some person of suitable age and discretion residing therein. Said notice, if by

certified mail, shall be postmarked no later than ten (10) days prior to said

sale; if by delivery, said notice shall be given no later than ten (10) days prior

to said sale.

(6) Upon any sale any surplus above the amounts due shall be returned to the person

who placed the security.
KRS § 160.6156 — KY Code / Title XIII / Chapter 160 / Section 160.6156
160.6156 Refund of utility gross receipts tax -- Effect of utility's rate increase -- Appeal to Circuit Court
Status: in_force

160.6156 Refund of utility gross receipts tax -- Effect of utility's rate increase --

Appeal to Circuit Court.

(1) Any utility service provider or any registered user of utility services as provided in

KRS 160.613(2) or (3) that has paid the utility gross receipts tax imposed by a

school district pursuant to KRS 160.613 and 160.614 to the department may request

a refund or credit for any overpayment of tax or any payment where no tax was due

within two (2) years after the tax due date, including any extensions granted.

(2) A request for refund shall be in writing, and shall be made to the department with a

copy to the school district to which the tax was allocated. The request shall state the

amount requested, the applicable period, and the basis for the request.

(3) (a) Refunds shall be authorized by the department, in consultation with the

chairman or finance officer of the district board of education, with interest as

provided in KRS 131.183.

(b) Notwithstanding paragraph (a) of this subsection, a utility service provider

shall not be entitled to a refund or credit of the taxes paid under KRS 160.613

or 160.614 if the utility service provider has increased its rates in accordance

with KRS 160.617, unless the utility service provider refunds or credits its

related customers the amount of overpayment made to the department.

(4) The department shall make authorized tax refunds, including interest, from current

tax collections in its possession allocated for distribution to the affected district.

Applicable school district distributions and the department administrative expense

allocation provided for pursuant to KRS 160.6154(2) shall be adjusted

proportionately to reflect refunds paid. If sufficient funds are not available from the

current distribution cycle, the department shall pay refunds from subsequent

amounts collected for distribution to the affected district until all refund payments,

including interest, have been completed.

(5) If the department denies a requested refund in whole or in part, the taxpayer may

appeal the denial to the Circuit Court in the county where the school district is

located within thirty (30) days from the mailing date of the denial.
KRS § 425.106 — KY Code / Title XXXIX / Chapter 425 / Section 425.106
425.106 Return of writ -- Procedure when claimed property has been disposed of or concealed
Status: in_force

425.106 Return of writ -- Procedure when claimed property has been disposed of

or concealed.

(1) The levying officer shall return the writ of possession with his proceedings thereon,

to the court in which the action is pending within 30 days after levy but in no event

more than 60 days after the writ is issued.

(2) If it appears from the return of the writ of possession that the property claimed has

been disposed of or concealed so that the writ cannot be executed, the court may

compel the attendance of the defendant, examine him on oath as to the situation of

the property, and punish a disobedience of its orders in this respect as in cases of

contempt.
KRS § 406.111 — KY Code / Title XXXV / Chapter 406 / Section 406.111
406.111 Effect of test results -- Rebuttable presumption
Status: in_force

406.111 Effect of test results -- Rebuttable presumption.

If the court finds that the conclusions of all the experts, as disclosed by the evidence

based upon the tests, are that the alleged father is not the father of the child, the question

of paternity shall be resolved accordingly. If the court finds that the statistical probability

of paternity equals or exceeds ninety-nine percent (99%), as calculated by the experts

qualified as examiners of genetic markers, and that the paternity index, as calculated by

the experts qualified as examiners of genetic markers, is one hundred (100) to one (1) or

greater, there is a rebuttable presumption, affecting the burden of proof, of paternity. This

presumption shall only be rebutted by a preponderance of the evidence. If the

presumption is not rebutted, the court may enter a summary judgment of paternity,

pursuant to Rule 56 of the Rules of Civil Procedure.
KRS § 268.380 — KY Code / Title XXII / Chapter 268 / Section 268.380
268.380 Cost of improvements not to include interest charges -- Assessed enhanced value conclusive as to benefits
Status: in_force

268.380 Cost of improvements not to include interest charges -- Assessed enhanced

value conclusive as to benefits.

(1) If bonds are issued or money borrowed, the interest charges thereon shall not be

considered a part of the cost of improvement in determining whether or not the cost

of improvement is equal to or more than the benefit to the property in the district.

(2) The assessed enhancement of value shall be conclusive as to the benefit that will

inure to the property in the district.
KRS § 281.934 — KY Code / Title XXIV / Chapter 281 / Section 281.934
281.934 Prohibited acts by towing company or storage facility
Status: in_force

281.934 Prohibited acts by towing company or storage facility.

(1) A towing company shall not:

(a) Falsely represent that the towing company represents or is approved by any

law enforcement agency, or any organization that provides emergency road

service for disabled motor vehicles;

(b) Require an owner or operator of a disabled motor vehicle to preauthorize more

than twenty-four (24) hours of storage or repair work as a condition to

providing towing service for the disabled vehicle;

(c) Charge more than one (1) towing fee when the owner or operator of a disabled

motor vehicle requests transport of the motor vehicle to a repair facility owned

or operated by the towing company; or

(d) Tow a motor vehicle to a repair facility, unless the owner of the motor vehicle

or the owner's designated representative gives consent and the consent is given

prior to the removal of the motor vehicle from the location from which the

motor vehicle is to be towed. This paragraph shall not apply to a storage

facility that has a repair facility on the same site so long as the motor vehicle

is not moved into the repair facility without consent.

(2) A towing company or storage facility shall not:

(a) Upon payment of all costs incurred against a motor vehicle towed and stored

under this chapter, refuse to release the motor vehicle to a properly identified

owner or lienholder of the motor vehicle or to an authorized representative of

the insurance company insuring the motor vehicle or the insurance company's

contracted provider, if the motor vehicle is covered by an active policy of

insurance. Motor vehicle release under this paragraph shall not apply to any

case in which a law enforcement agency has ordered the motor vehicle not to

be released or in any case in which a judicial order prohibits its release;

(b) Refuse to permit a properly identified owner or lienholder of a motor vehicle

or a representative of the insurance company insuring the motor vehicle if the

motor vehicle is covered by an active policy of insurance to inspect the motor

vehicle during posted business hours before all costs incurred against the

motor vehicle are paid or the motor vehicle is released; or

(c) Charge a storage fee for a stored motor vehicle with respect to any day on

which release of the motor vehicle or inspection of the motor vehicle by the

owner, lienholder, or insurance company is not permitted during posted

business hours by the towing company or storage facility.
KRS § 164.6907 — KY Code / Title XIII / Chapter 164 / Section 164.6907
164.6907 Certificate of registration required
Status: in_force

164.6907 Certificate of registration required.

(1) Except as otherwise provided in subsection (2) of this section, an individual may

not act as an athlete agent in this state without holding a certificate of registration

under KRS 164.6901 to 164.6935.

(2) Before being issued a certificate of registration, an individual may act as an athlete

agent in this state for all purposes except signing an agency contract, if:

(a) A student-athlete or another person acting on behalf of the student-athlete

initiates communication with the individual; and

(b) Within seven (7) days after an initial act that requires the individual to register

as an athlete agent, the individual submits an application for registration as an

athlete agent in this state.

(3) An agency contract resulting from conduct in violation of this section is void, and

the athlete agent shall return any consideration received under contract.
KRS § 164.937 — KY Code / Title XIII / Chapter 164 / Section 164.937
164.937 Center of Excellence in Rural Health
Status: in_force

164.937 Center of Excellence in Rural Health.

(1) The University of Kentucky shall maintain a Center of Excellence in Rural

Health.

(2) The mission of the Center of Excellence in Rural Health shall be the

improvement of the health of all rural Kentuckians and the improvement of rural

health care systems through education, research, and service.

(3) The Center of Excellence in Rural Health shall:

(a) Support a site-based director, core faculty, and staff;

(b) Collect and maintain statistical and other information relating to rural

health status, rural health care systems, rural health policy, and other

issues affecting the health and well-being of rural populations;

(c) Collect, analyze, interpret, disseminate, and make recommendations

regarding the availability, distribution, and sufficiency of the health

professions workforce;

(d) Provide educational opportunities for students committed to rural health

care:

1. To obtain education in needed health professions as determined by

the workforce analyses, rotating these programs as necessary;

2. By testing and developing innovative models for learning; and

3. By reserving funds budgeted for specific educational programs that

in the future are deemed no longer necessary for use for educational

programs for other health professions;

(e) Maintain site-based family practice residencies;

(f) Serve as the federally designated Office of Rural Health and perform the

duties prescribed by the United States Health Resources and Services

Administration;

(g) Administer the Healthcare Worker Loan Relief Program established under

KRS 164.936;

(h) Demonstrate or provide innovative programs that improve the health of

rural Kentuckians and strengthen rural health care systems; and

(i) Advocate for rural health care.

(4) To the extent additional funds are appropriated, the Center of Excellence in

Rural Health shall establish additional sites throughout the Commonwealth as

necessary to achieve the mission of the center.

(5) Nothing in this section shall be construed to restrict the study of rural health

policies, workforce analyses, or the training of health professionals in or for

rural or medically underserved areas by other state universities.

(6) The University of Kentucky shall report to the Council on Postsecondary

Education and the Legislative Research Commission a detailed, audited

statement of expenditures for each program function in the Center of

Excellence for Rural Health Care by September 1 of each year which

enumerates expenditures for the preceding fiscal year.
KRS § 35.328 — KY Code / Title V / Chapter 35 / Section 35.328
35.328 Appeal by the state
Status: in_force

35.328 Appeal by the state.

(1) (a) In a trial by court-martial in which a punitive discharge may be adjudged, the

state may appeal the following, other than a finding of not guilty with respect

to the charge or specification by the members of the court-martial, or by a

judge in a bench trial so long as it is not made in reconsideration:

1. An order or ruling of the military judge which terminates the

proceedings with respect to the charge or specification;

2. An order or ruling which excludes evidence that is substantial proof of a

fact material in the proceeding;

3. An order or ruling which directs the disclosure of classified information;

4. An order or ruling which imposes sanctions for nondisclosure of

classified information;

5. A refusal of the military judge to issue a protective order sought by the

state to prevent the disclosure of classified information; and

6. A refusal by the military judge to enforce an order described in

subparagraph 5. of this paragraph that has previously been issued by the

appropriate authority.

(b) An appeal of an order or ruling may not be taken unless the trial counsel

provides the military judge with written notice of appeal from the order or

ruling within seventy-two (72) hours of the order or ruling. The notice shall

include a certification by the trial counsel that the appeal is not taken for the

purpose of delay and, if the order or ruling appealed is one which excludes

evidence, that the evidence excluded is substantial proof of a fact material in

the proceeding.

(c) An appeal under this section shall be diligently prosecuted as provided by law.

(2) An appeal under this section shall be forwarded to the court prescribed in KRS

35.333. In ruling on an appeal under this section, that court may act only with

respect to matters of law.

(3) Any period of delay resulting from an appeal under this section shall be excluded in

deciding any issue regarding denial of a speedy trial unless an appropriate authority

determines that the appeal was filed solely for the purpose of delay with the

knowledge that it was totally frivolous and without merit.
KRS § 198A.110 — KY Code / Title XVII / Chapter 198A / Section 198A.110
198A.110 Pledge of corporate assets on obligations of the corporation
Status: in_force

198A.110 Pledge of corporate assets on obligations of the corporation.

The pledge of any assets or revenues of the corporation to the payment of the principal of

or the interest on any obligations of the corporation shall be valid and binding from the

time when the pledge is made and any such assets or revenues shall immediately be

subject to the lien of such pledge without any physical delivery thereof or further act, and

the lien of any such pledge shall be valid and binding as against all parties having claims

of any kind in tort, contract or otherwise against the corporation, irrespective of whether

such parties have notice thereof. Nothing herein shall be construed to prohibit the

corporation from selling any assets subject to any such pledge except to the extent that

any such sale may be restricted by the trust agreement or resolution providing for the

issuance of such obligations.
KRS § 30A.430 — KY Code / Title IV / Chapter 30A / Section 30A.430
30A.430 Interpreter not to be examined as witness -- Other privileged communications
Status: in_force

30A.430 Interpreter not to be examined as witness -- Other privileged

communications.

Every person who acts as an interpreter in circumstances involving the arrest, police

custody or other stage in a criminal, civil, or other matter of a person coming under KRS

30A.410 shall not be examined as a witness regarding conversations between that person

and his attorney, when the conversations would otherwise be subject to the attorney-client

privilege, without the consent of that person. Interpreters shall not be required to testify

regarding any other privileged communications without the consent of the person for

whom they are interpreting.