FrankGoortani/open-us-law huggingface dataset:
KRS § 275.220 — KY Code / Title XXIII / Chapter 275 / Section 275.220
275.220 Member not entitled to distribution other than in cash -- Restriction on in-kind distribution
Status: in_force

275.220 Member not entitled to distribution other than in cash -- Restriction on in-

kind distribution.

Unless otherwise provided in a written operating agreement:

(1) A member, regardless of the nature of the member's contribution, shall not have a

right to demand and receive any distribution from the limited liability company in

any form other than cash;

(2) A member shall not be compelled to accept from a limited liability company a

distribution of any asset in kind to the extent that the percentage of the asset

distributed to the member exceeds the percentage that the member would have

shared in a cash distribution equal to the value of the property at the time of

distribution; and

(3) The property of a limited liability company shall not be subject to KRS

381.135(1)(a)1.
KRS § 176.249 — KY Code / Title XV / Chapter 176 / Section 176.249
176.249 Quarterly activity report required -- Data to be included
Status: in_force

176.249 Quarterly activity report required -- Data to be included.

(1) The cabinet shall, on a quarterly basis, transmit electronically to the General

Assembly through the Legislative Research Commission a report on all activity

relating to projects funded through the LARP in a particular year.

(2) The data for each project listed in the report required by subsection (1) of this

section shall contain all activity on projects funded through the LARP for that year,

and shall also include but not be limited to the following:

(a) The name of the city or county responsible for maintaining the road or street;

(b) A unique project identification number;

(c) The route and highway district where the project is located;

(d) The length of the project to the nearest one-tenth (1/10) of a mile;

(e) A description of the project and the scope of rehabilitation;

(f) The original estimated cost to complete the project;

(g) The status of funding for the project;

(h) If the project has been let, the:

1. Name of the contractor;

2. Contractor's vendor number in the statewide accounting system;

3. Current contract amount; and

4. Current amount earned by the contractor; and

(i) The:

1. Estimated date for completion of the project;

2. Current percentage of work completed based upon time;

3. Actual contract completion date, if applicable; and

4. Final actual cost to complete the project, if applicable.
KRS § 393.170 — KY Code / Title XXXIV / Chapter 393 / Section 393.170
393.170 Property in federal custody -- Determination of whether escheat has occurred
Status: in_force

393.170 Property in federal custody -- Determination of whether escheat has

occurred.

Whenever any property escheated under this chapter by reason of actual abandonment, or

death or presumption of death of the owner without leaving any person entitled to take the

legal or equitable title under the laws of this state relating to wills, or descent and

distribution, has been deposited with, or in the custody or under the control of, any federal

court in and for any district in this state, or in the custody of any depository, clerk or other

officer of such court, or has been surrendered by such court or its officers to the United

States Treasury, the Circuit Court of any county in which such federal court sits shall

have jurisdiction to ascertain whether an escheat has occurred, and to enter a judgment of

escheat in favor of the state. This section does not authorize a judgment to require such

courts, officers, agents or depositories to pay or surrender funds to this state on a

presumption of abandonment as provided in KRS 393A.040 to 393A.140.
KRS § 67C.321 — KY Code / Title IX / Chapter 67C / Section 67C.321
67C.321 Actions taken by chief against officers -- Written statement -- Pre-disciplinary hearing -- Citizen charges of misconduct
Status: in_force

67C.321 Actions taken by chief against officers -- Written statement -- Pre-

disciplinary hearing -- Citizen charges of misconduct.

(1) Subject to the provisions of this chapter, any officer may be removed, suspended

for a period not to exceed thirty (30) days, laid-off, or reduced in grade by the chief.

Before the discipline may be issued, the chief shall:

(a) Furnish the officer with a written statement describing the charges being made

against the officer, the evidence upon which the charges are based, and the

discipline the chief intends to issue; and

(b) Provide the officer the opportunity for a pre-disciplinary hearing, presided

over by the chief or the chief's designee, in which the officer may present

evidence and call and cross-examine witnesses in the officer's defense.

(2) After any pre-disciplinary hearing conducted under subsection (1)(b) of this section,

the chief or the chief's designee shall issue a written opinion setting forth the final

discipline issued against the officer. The officer may appeal the discipline issued

under this section to the board within ten (10) days of the issuance of the written

opinion.

(3) If the officer elects not to proceed with a pre-disciplinary hearing under subsection

(1)(b) of this section, the discipline stated in the written statement required by

subsection (1)(a) of this section shall become final ten (10) days after that statement

is furnished to the officer.

(4) After any citizen makes a written, sworn complaint of misconduct concerning the

actions of any police officer, if the chief of police determines not to file charges

against the officer based on that complaint, the citizen may appeal the

determination of the chief of police to the board.
KRS § 406.051 — KY Code / Title XXXV / Chapter 406 / Section 406.051
406.051 Remedies -- District Court's concurrent jurisdiction for child custody and visitation in paternity cases
Status: in_force

406.051 Remedies -- District Court's concurrent jurisdiction for child custody and

visitation in paternity cases.

(1) The District Court has jurisdiction of an action brought under this chapter and all

remedies for the enforcement of judgments for expenses of pregnancy and

confinement for a wife or for education, necessary support, or funeral expenses for

children born out of wedlock. An appeal may be had to the Circuit Court if

prosecuted within sixty (60) days from the date of judgment. The court has

continuing jurisdiction to modify or revoke a judgment for future education. All

remedies under the uniform reciprocal enforcement of support act are available for

enforcement of duties of support under this chapter.

(2) The District Court may exercise jurisdiction, concurrent with that of the Circuit

Court, to determine matters of child custody and visitation in cases where paternity

is established as set forth in this chapter. The District Court, in making these

determinations, shall utilize the provisions of KRS Chapter 403 relating to child

custody and visitation. The District Court may decline jurisdiction if it finds the

circumstances of any case require a level of proceedings more appropriate to the

Circuit Court.
KRS § 387.550 — KY Code / Title XXXIII / Chapter 387 / Section 387.550
387.550 Hearing date and place -- Notice
Status: in_force

387.550 Hearing date and place -- Notice.

(1) If the petition is accompanied by an interdisciplinary evaluation report when filed,

the court shall fix a date and a place for a hearing to be held within thirty (30) days

after the filing of the petition. If no interdisciplinary evaluation report accompanies

the petition when filed, the court shall fix a date and a place for a hearing to be held

within sixty (60) days after the filing of the petition. The time for a hearing may be

extended by the court, on motion of either party, for cause.

(2) Notice of the time and place of the hearing shall be given by the clerk of the court

not less than fourteen (14) days prior to the hearing to the attorneys for both parties,

all persons named in the petition, and the person proposed for appointment as

limited guardian, guardian, limited conservator, or conservator.
KRS § 200.501 — KY Code / Title XVII / Chapter 200 / Section 200.501
200.501 Findings of General Assembly
Status: in_force

200.501 Findings of General Assembly.

The Kentucky General Assembly finds that services to children and transition-age youth

are provided by various departments and agencies at both the state and local level, often

without appropriate policy collaboration and service coordination. The General Assembly

declares that the purpose of KRS 200.501 to 200.509 is to establish a structure for

coordinated policy development, comprehensive planning, and collaborative budgeting

for services and supports to children and transition-age youth with or at risk of

developing behavioral health needs and their families. It is further the intention of the

General Assembly to build on the existing resources and to design and implement a

system of care for children and transition-age youth with or at risk of developing

behavioral health needs that is community-based, family- and youth-driven, and culturally

and linguistically competent. Children and transition-age youth who meet criteria for a

serious emotional disability, including a co-occurring substance use disorder, and who are

placed outside their homes to address unmet behavioral health needs shall be given

priority for services and supports pursuant to KRS 200.501 to 200.509.
KRS § 149.365 — KY Code / Title XII / Chapter 149 / Section 149.365
149.365 Definitions for KRS 149.360 to 149.430 and 149.991
Status: in_force

149.365 Definitions for KRS 149.360 to 149.430 and 149.991.

As used in KRS 149.360 to 149.430 and 149.991, unless the context requires otherwise:

(1) "Secretary" means the secretary for energy and environment.

(2) "Cabinet" means the Energy and Environment Cabinet.

(3) "Person" means an individual, corporation, partnership, association, municipality,

state and federal government, or other public body or other legal entity, or any

officer, employee or agent of any of the foregoing.

(4) "Timberland" means any land which has enough timber or woody brush, standing or

down, to constitute a fire menace to itself or adjoining lands, but does not include

lands under cultivation or entirely in grass, nor land that is an isolated fire risk

unless a fire on it would imperil the lands of an adjoining landowner.

(5) "Flammable material" shall include but is not limited to refuse, debris, waste forest

material, brush, stumps, logs, rubbish, fallen timber, grass, stubble, leaves, slash,

and grain.
KRS § 96A.180 — KY Code / Title IX / Chapter 96A / Section 96A.180
96A.180 Insurance of authority's properties
Status: in_force

96A.180 Insurance of authority's properties.

An authority shall provide insurance, or may provide for self-insurance and establish for

that purpose such reserves as it deems prudent, for its properties, and for workers'

compensation, and for public liability, and may provide for the insuring of its officers or

employees, and the expense of obtaining such insurance, and of paying the premiums

therefor from time to time, shall be borne by the authority and be chargeable as an

operating expense of the authority.
KRS § 517.020 — KY Code / Title L / Chapter 517 / Section 517.020
517.020 Deceptive business practices
Status: in_force

517.020 Deceptive business practices.

(1) A person is guilty of deceptive business practices when, in the course of engaging in

a business, occupation or profession, he knowingly:

(a) Uses or possesses for use a false weight or measure or any other device for

falsely determining or recording any quality or quantity; or

(b) Sells, offers or exposes for sale, or delivers less than the represented quantity

of any commodity or service; or

(c) Takes or attempts to take more than the represented quantity of any

commodity, thing or service when as a buyer, agency or receiver he furnishes

the weight, measure, or weighing or measuring device by means of which the

amount of the commodity, thing or service is determined; or

(d) Sells, offers or exposes for sale adulterated commodities; or

(e) Sells, offers or exposes for sale mislabeled commodities.

(2) Deceptive business practices is a Class A misdemeanor.
KRS § 82.140 — KY Code / Title IX / Chapter 82 / Section 82.140
82.140 Revenue bonds not to be city debt
Status: in_force

82.140 Revenue bonds not to be city debt.

The revenue bonds and interest thereon shall be payable solely from a special fund or

account of the city, and from such revenues as may be pledged to be set aside therein

from permissible sources, as authorized and provided in KRS 82.140 to 82.165, and shall

not constitute indebtedness of the city. It shall be stated plainly on the face of each bond

that it has been issued under the provisions of KRS 82.105 to 82.180, and that it does not

constitute an indebtedness of the city within the meaning of the Constitution.
KRS § 260.771 — KY Code / Title XXI / Chapter 260 / Section 260.771
260.771 Circuit Court order of forfeiture and destruction or sale for other than food of produce found to be in violation of KRS 260.765 to 260.772 or federal or state regulations
Status: in_force

260.771 Circuit Court order of forfeiture and destruction or sale for other than

food of produce found to be in violation of KRS 260.765 to 260.772 or federal

or state regulations.

If the covered produce that has been issued a stop movement order or sought to be

destroyed is found to be in violation of any provision of 21 C.F.R pt. 112, KRS 260.765

to 260.772, or administrative regulations adopted pursuant to KRS 260.769, it shall be the

duty of the Circuit Court to render judgment that covered produce be forfeited to the

Commonwealth and that the goods be destroyed or sold by the department for any

purpose other than to be used for food. Either party may appeal the Circuit Court's

decision to the Court of Appeals.
KRS § 56.523 — KY Code / Title VII / Chapter 56 / Section 56.523
56.523 Refunding bonds
Status: in_force

56.523 Refunding bonds.

The commission is hereby authorized to provide for the issuance of refunding bonds for

the purpose of refunding any bonds outstanding that have been issued at any time under

the provisions of KRS 56.520 or for the purpose of refunding any bonds outstanding that

have been issued by agencies of the state under the provisions of KRS Chapter 58,

including redemption premiums thereon and any interest accrued or to accrue to the date

of redemption. The commission is further authorized to issue bonds for the combined

purpose of refunding any bonds issued at any time under KRS 56.520 or by state agencies

under KRS Chapter 58, including redemption premiums thereon and any interest accrued

or to accrue to the date of redemption, and for paying the cost of extensions,

improvements, betterments or additions to the project.
KRS § 34.330 — KY Code / Title IV / Chapter 34 / Section 34.330
34.330 Oaths -- Testimony -- Evidence -- Contempt proceedings
Status: in_force

34.330 Oaths -- Testimony -- Evidence -- Contempt proceedings.

In the exercise of its powers and duties, the Judicial Retirement and Removal

Commission may administer necessary oaths, take testimony under oath, compel the

attendance of witnesses, and compel the production of records and other evidence. If any

witness refuses to testify concerning any matter on which he may lawfully be

interrogated, any Circuit Judge, on application of the commission may compel obedience

by proceedings for contempt as in the case of disobedience of a subpoena issued from the

Circuit Court.
KRS § 426.010 — KY Code / Title XXXIX / Chapter 426 / Section 426.010
426.010 Execution against property may issue on personal judgment
Status: in_force

426.010 Execution against property may issue on personal judgment.

If a final judgment in personam is rendered in any court of record in this state for an

ascertained sum of money, with interest and cost, or for either, an execution against

property may issue thereon.
KRS § 146.280 — KY Code / Title XII / Chapter 146 / Section 146.280
146.280 Acquisition of stream areas
Status: in_force

146.280 Acquisition of stream areas.

(1) Within the boundaries of a designated stream area, as established and authorized by

the Kentucky General Assembly, the office shall be authorized and empowered to

acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or

otherwise, the fee simple title, an easement, or any acceptable lesser interest in any

lands, and by lease or conveyance, contract for the right to use and occupy any

lands. Where property within such boundaries is owned by the federal government,

the office can enter into agreements with the landowning agency concerning use of

the property consistent with the objectives of KRS 146.200 to 146.360. Nothing in

KRS 146.200 to 146.360 shall be construed to deprive a landowner of the fee

simple title to or lesser interest in his property without just compensation.

(2) The office may not exercise authority to acquire lands or interests in lands located

within any incorporated city or county when such entities have in force a duly

adopted, valid ordinance or plan for the management, zoning and protection of such

lands in accordance with the provisions of KRS 146.200 to 146.360.
KRS § 383.515 — KY Code / Title XXXII / Chapter 383 / Section 383.515
383.515 Construction
Status: repealed

383.515 Construction.

KRS 383.505 to 383.715 being a general act intended as a unified coverage of its subject

matter, no part of it is to be construed as impliedly repealed by subsequent legislation if

that construction can reasonably be avoided.
KRS § 422.190 — KY Code / Title XXXVIII / Chapter 422 / Section 422.190
422.190 Depositions taken in perpetuation of evidence to be recorded
Status: in_force

422.190 Depositions taken in perpetuation of evidence to be recorded.

(1) When the depositions provided for in KRS 422.160 to 422.180 are completed and

subscribed by the witness, they shall be certified to the circuit clerk of the county

where the real property is located, by the officer before whom they were taken, in

the same manner as other depositions are certified, and the officer shall take the

clerk's receipt therefor.

(2) The clerk, upon receipt of the depositions, shall immediately mark the same "lodged

in my office to be recorded" and give the date of the lodgment, and record the said

depositions in a book kept by him for that purpose, properly labeled and indexed.

Upon application the clerk shall deliver the original of the deposition to the party on

whose behalf the depositions were taken. The clerk shall be allowed one dollar ($1)

for each separate deposition that he records.

(3) The original or certified copy of the deposition or the record shall be evidence in

any and all courts of this state.
KRS § 353.472 — KY Code / Title XXVIII / Chapter 353 / Section 353.472
353.472 Payment to surface owner when leased mineral never produced commercially
Status: in_force

353.472 Payment to surface owner when leased mineral never produced

commercially.

If the leased minerals are never produced commercially during the term of the trustee's

lease, the trustee shall pay any proceeds accruing from the lease to the then surface

owners upon the termination of the lease in accordance with its terms or upon the

expiration of seven (7) years following the date of judgment authorizing the lease,

whichever last occurs. The payments shall be made in the same manner and on the same

conditions as expressed in KRS 353.470(2).
KRS § 141.190 — KY Code / Title XI / Chapter 141 / Section 141.190
141.190 Returns of fiduciaries
Status: in_force

141.190 Returns of fiduciaries.

(1) Every fiduciary, except a receiver appointed by authority of law in possession of

part only of the property of an individual, shall make under oath a return for any of

the following individuals, estates, or trusts for which he acts, setting forth therein

such information as may be prescribed by the department:

(a) Every individual having an adjusted gross income for the taxable year which

exceeds five thousand dollars ($5,000);

(b) Every estate the gross income of which for the taxable year is twelve hundred

dollars ($1,200) or over;

(c) Every trust the gross income of which for the taxable year is one hundred

dollars ($100) or over.

(2) Any fiduciary required to make a return under this chapter shall be subject to all the

provisions of this chapter that apply to individuals.
KRS § 211.297 — KY Code / Title XVIII / Chapter 211 / Section 211.297
211.297 Palliative Care Consumer and Professional Information and Education Program
Status: in_force

211.297 Palliative Care Consumer and Professional Information and Education

Program.

(1) The statewide Palliative Care Consumer and Professional Information and

Education Program is hereby established within the cabinet.

(2) The goals of the Palliative Care Consumer and Professional Information and

Education Program shall be to maximize the effectiveness of palliative care

initiatives throughout the Commonwealth by ensuring that comprehensive and

accurate information and education about palliative care are available to the public,

health care providers, and health facilities.

(3) The cabinet shall publish on its website information and resources, including links

to external resources, about palliative care for the public, health care providers, and

health facilities. This shall include but not be limited to:

(a) Continuing education opportunities for health care providers;

(b) Information about palliative care delivery in the home, primary, secondary,

and tertiary environments;

(c) Best practices for palliative care delivery; and

(d) Consumer educational materials and referral information for palliative care,

including hospice.

(4) (a) The council shall have the authority to review, evaluate, and make

recommendations regarding all elements of the Palliative Care Consumer and

Professional Information and Education Program, the content of the website

information and resources described in subsection (3) of this section, and best

practices for palliative care delivery and any grants to develop or implement

them.

(b) Any evaluations or recommendations shall require the affirmative vote in

person, by electronic means, or by proxy of three-fourths (3/4) of the voting

members of the council.

(c) Not later than July 1, 2020, and annually thereafter, the council shall submit a

report on its findings and recommendations to the commissioner of the

Department for Public Health and to the Interim Joint Committee on Health

Services.
KRS § 62.030 — KY Code / Title VIII / Chapter 62 / Section 62.030
62.030 Oath of fiduciaries
Status: in_force

62.030 Oath of fiduciaries.

Every person, before entering on the duty of executor, administrator, guardian, curator or

conservator of a person who is mentally disabled, or any other like trust or employment,

in lieu of all other oaths not expressly required by law, shall take in substance the

following oath or affirmation "I do solemnly swear (or affirm) that I will faithfully

perform the duties of .... according to law."
KRS § 453.160 — KY Code / Title XLII / Chapter 453 / Section 453.160
453.160 Tender of amount in controversy before appeal, effect on costs
Status: in_force

453.160 Tender of amount in controversy before appeal, effect on costs.

If a party, before an appeal is taken, tenders to the adverse party the amount he is willing

to pay and the tender is refused and, upon appeal by the party to whom the tender was

made the amount recovered does not exceed the amount tendered, the appellant shall pay

the costs in the court trying the appeal; but if the amount recovered upon the appeal is for

more than the amount tendered, the appellant shall recover his costs.