FrankGoortani/open-us-law huggingface dataset:
KRS § 416.675 — KY Code / Title XXXVII / Chapter 416 / Section 416.675
416.675 Public use required -- No condemnation for indirect benefit -- Exemption
Status: in_force

416.675 Public use required -- No condemnation for indirect benefit -- Exemption.

(1) Every grant of authority contained in the Kentucky Revised Statutes to exercise the

power of eminent domain shall be subject to the condition that the authority be

exercised only to effectuate a public use of the condemned property.

(2) "Public use" shall mean the following:

(a) Ownership of the property by the Commonwealth, a political subdivision of

the Commonwealth, or other governmental entity;

(b) The possession, occupation, or enjoyment of the property as a matter of right

by the Commonwealth, a political subdivision of the Commonwealth, or other

governmental entity;

(c) The acquisition and transfer of property for the purpose of eliminating

blighted areas, slum areas, or substandard and insanitary areas in accordance

with KRS Chapter 99;

(d) The use of the property for the creation or operation of public utilities or

common carriers; or

(e) Other use of the property expressly authorized by statute.

(3) No provision in the law of the Commonwealth shall be construed to authorize the

condemnation of private property for transfer to a private owner for the purpose of

economic development that benefits the general public only indirectly, such as by

increasing the tax base, tax revenues, or employment, or by promoting the general

economic health of the community. However, this provision shall not prohibit the

sale or lease of property to private entities that occupy an incidental area within a

public project or building, provided that no property may be condemned primarily

for the purpose of facilitating an incidental private use.

(4) The exercise of the power of eminent domain for the acquisition of property

financed by state road funds or federal highway funds shall be exempt from the

provisions of this section.
KRS § 620.340 — KY Code / Title LI / Chapter 620 / Section 620.340
620.340 Reports from local boards to state board
Status: in_force

620.340 Reports from local boards to state board.

Each local citizen foster care review board shall forward annually to the State Citizen

Foster Care Review Board a report and any recommendations regarding:

(1) The policies and practices of the cabinet, the court, and other child-caring facilities

and child-placing agencies which affect permanence for children in out-of-home

placement; and

(2) The process of local citizen foster care review.
KRS § 7.520 — KY Code / Title II / Chapter 7 / Section 7.520
7.520 Access fees -- Agreement with Legislative Research Commission required prior to access
Status: in_force

7.520 Access fees -- Agreement with Legislative Research Commission required

prior to access.

(1) For the services rendered in providing access to the legislative electronic

information system, the Legislative Research Commission may charge and collect

fees as it determines, which shall be a reasonable and sufficient proportion of the

costs for maintaining the system and furnishing access. No fee shall be charged to

legislative users, including individual legislators.

(2) No person, organization, corporation, or other entity shall receive access to

legislative computer information, nor receive related services including the copying

of computerized information, without first applying to the Legislative Research

Commission and entering into an agreement with the Legislative Research

Commission to provide such access or services.
KRS § 65.190 — KY Code / Title IX / Chapter 65 / Section 65.190
65.190 Effect of amendment or repeal of section of KRS by 1984 Acts Chapter 100
Status: in_force

65.190 Effect of amendment or repeal of section of KRS by 1984 Acts Chapter 100.

The amendment or repeal by 1984 Acts Chapter 100 of a section authorizing the creation

of a taxing district shall not be construed as limiting or changing the power or

organization of taxing districts created prior to July 13, 1984.
KRS § 155.210 — KY Code / Title XII / Chapter 155 / Section 155.210
155.210 Specified late charges for default of loan and litigation charges treated as liquidated damages
Status: in_force

155.210 Specified late charges for default of loan and litigation charges treated as

liquidated damages.

A business development corporation may require as a part of any loan made by it, that in

the event of a default by the borrower in the repayment or other terms of the loan

obligation, the borrower shall pay late charges of a specified amount of up to five percent

(5%) per month of the amount of the monthly installment in arrears. Moreover, a

business development corporation may require that in the event any litigation becomes

necessary as a consequence of the borrower's default, the borrower shall further be liable

for a specified amount of up to two percent (2%) of the unpaid principal balance owed on

such loan. Such provisions shall be treated as liquidated damages and shall be valid and

enforceable by the courts for all purposes.
KRS § 273.991 — KY Code / Title XXIII / Chapter 273 / Section 273.991
273.991 Additional penalties for violation of KRS 506.010, 506.030, 506.040, 521.020, or 521.050
Status: in_force

273.991 Additional penalties for violation of KRS 506.010, 506.030, 506.040,

521.020, or 521.050.

(1) If a domestic nonprofit corporation is convicted of a violation of KRS 506.010,

506.030, 506.040, 521.020, or 521.050, or if an officer, employee, or agent of the

corporation violates any of those sections under circumstances which bring

corporate liability under KRS 502.050(1)(b), the court shall order that the charter of

the nonprofit corporation be suspended for a period of not more than five (5) years

for a first offense, ten (10) years for a second offense, and permanently for a third or

subsequent offense.

(2) If a foreign nonprofit corporation is convicted of violating any section specified in

subsection (1) of this section, or if an officer, employee, or agent of the corporation

violates any of those sections under circumstances which bring corporate liability

under KRS 502.050(1)(b), the court shall order that the nonprofit corporation not be

permitted to do business in Kentucky for the appropriate period specified in

subsection (1) of this section.

(3) The penalties specified in this section shall be in addition to any other penalty

specified by law for the commission of the offenses listed in subsection (1) of this

section.
KRS § 218A.300 — KY Code / Title XVIII / Chapter 218A / Section 218A.300
218A.300 Election whether or not to be tried under this chapter or prior law
Status: in_force

218A.300 Election whether or not to be tried under this chapter or prior law.

The provisions of this chapter shall not apply to any offense committed prior to June 16,

1972, unless the defendant elects to be tried under the provisions of this chapter. Such an

offense must be construed and punished according to the provisions of law existing at the

time of the commission thereof in the same manner as if this chapter had not been enacted

if he does not so elect.
KRS § 176.241 — KY Code / Title XV / Chapter 176 / Section 176.241
176.241 Definitions for KRS 176.241 to 176.249
Status: in_force

176.241 Definitions for KRS 176.241 to 176.249.

As used in KRS 176.241 to 176.249:

(1) "County population ranking" has the same meaning as in KRS 154.21-015;

(2) "County roads" has the same meaning as in KRS 178.010;

(3) "Local Assistance Road Program" or "LARP" means a list of rehabilitation projects

on county roads, streets, and urban roads identified by the General Assembly for

funding grants; and

(4) "Streets" and "urban roads" have the same meaning as in KRS 177.365.
KRS § 153.630 — KY Code / Title XII / Chapter 153 / Section 153.630
153.630 Central clearinghouse for information on Kentucky authors
Status: in_force

153.630 Central clearinghouse for information on Kentucky authors.

The Kentucky Department for Libraries and Archives shall establish and maintain, as

funds permit, a central clearinghouse for information on Kentucky authors, including a

statewide locator index of works and collections held by libraries in Kentucky.
KRS § 387.880 — KY Code / Title XXXIII / Chapter 387 / Section 387.880
387.880 Court's disposition of petition -- Notice -- Guardian ad litem
Status: in_force

387.880 Court's disposition of petition -- Notice -- Guardian ad litem.

The petition shall be docketed with the court and set for hearing unless the court shall

otherwise determine. Notice of the hearing shall be given to each interested party not less

than fourteen (14) days in advance, in accordance with KRS 386B.1-070, unless waived

in writing. The court may assign a guardian ad litem to advise the court with respect to

the suitability of the special needs trust.
KRS § 292.6512 — KY Code / Title XXV / Chapter 292 / Section 292.6512
292.6512 Application of KRS 292.6501 to 292.6512
Status: in_force

292.6512 Application of KRS 292.6501 to 292.6512.

KRS 292.6501 to 292.6512 applies to registrations of securities in beneficiary form made

before or after August 1, 1998, by decedents dying on or after August 1, 1998.
KRS § 426.120 — KY Code / Title XXXIX / Chapter 426 / Section 426.120
426.120 Defendant's estate bound by execution from receipt by officer -- Time received to be noted -- Priority -- Apportionment
Status: in_force

426.120 Defendant's estate bound by execution from receipt by officer -- Time

received to be noted -- Priority -- Apportionment.

(1) An execution against property shall bind the estate of the defendant only from the

time of its delivery to the proper officer to execute. The officer to whom the

execution is delivered shall, on receipt of it, endorse thereon the day, month, year

and time of day of its receipt by him.

(2) If two or more executions are delivered to the officer on the same day against the

same person, he shall satisfy that one first which first comes into his hands.

(3) If two or more executions come to an officer's hands at the same time and he is

unable to make the amounts thereof, he shall apportion the sum made among the

several executions so coming to his hands according to their amounts.
KRS § 156.430 — KY Code / Title XIII / Chapter 156 / Section 156.430
156.430 Violation of bond -- Suit on bond. (Effective until July 1, 2026)
Status: in_force

156.430 Violation of bond -- Suit on bond. (Effective until July 1, 2026)

The superintendent of schools of each school district shall notify the chief state school

officer of any violation of any of the conditions in any bond which has been filed. If the

chief state school officer finds that a violation has occurred, he shall instruct the Attorney

General to bring suit on the bond. Any sum recovered in such suit shall be paid into the

State Treasury.
KRS § 216B.300 — KY Code / Title XVIII / Chapter 216B / Section 216B.300
216B.300 Definitions for KRS 216B.300 to 216B.320 and KRS 216B.990(5)
Status: in_force

216B.300 Definitions for KRS 216B.300 to 216B.320 and KRS 216B.990(5).

As used in KRS 216B.300 to 216B.320 and KRS 216B.990(5), unless the context

requires otherwise:

(1) "Cabinet" means the Cabinet for Health and Family Services or its designee.

"Designee" means any agency established under KRS Chapter 211 or KRS

147A.050 whose duties related to this chapter shall be set forth in administrative

regulation;

(2) "Secretary" means the secretary of the Cabinet for Health and Family Services;

(3) "Boarder" means a person who does not require supervision or assistance related to

medication, activities of daily living, or a supervised plan of care; and

(4) "Boarding home" means any home, facility, institution, lodging, or other

establishment, however named, which accommodates three (3) or more adults not

related by blood or marriage to the owner, operator, or manager, and which offers or

holds itself out to offer room and board on a twenty-four (24) hour basis for hire or

compensation. It shall not include any facility which is otherwise licensed and

regulated by the cabinet or any hotel as defined in KRS 219.011(3).
KRS § 433.750 — KY Code / Title XL / Chapter 433 / Section 433.750
433.750 Injuring public property or right-of-way
Status: in_force

433.750 Injuring public property or right-of-way.

Any person who picks, pulls, digs, tears up, cuts, breaks, burns or otherwise damages any

tree, shrub, flower, vine, bush or turf on the right of way of any state highway or county

road or upon any land set aside, dedicated or maintained by this state as a public park or

as a refuge or sanctuary for wild animals, birds or fish, without having first obtained

permission in writing of the engineer having charge of the maintenance of the highway, or

the superintendent or custodian of the park, refuge or sanctuary shall be fined not less

than $25 nor more than $300.
KRS § 171.670 — KY Code / Title XIV / Chapter 171 / Section 171.670
171.670 Destruction of records
Status: in_force

171.670 Destruction of records.

When there is a question whether a particular record or group of records should be

destroyed, the commission shall have exclusive authority to decide whether or not the

record or group of records are to be destroyed.
KRS § 45A.280 — KY Code / Title VI / Chapter 45A / Section 45A.280
45A.280 Presumption of correctness
Status: in_force

45A.280 Presumption of correctness.

The decision of any official, board, agent, or other person appointed by the

Commonwealth concerning any controversy arising under, or in connection with, the

solicitation or award of a contract, shall be entitled to a presumption of correctness and

shall not be disturbed unless the decision was procured by fraud or the findings of fact by

such official, board, agent or other person do not support the decision.
KRS § 61.300 — KY Code / Title VIII / Chapter 61 / Section 61.300
61.300 Nonelective peace officer or deputy -- Qualifications
Status: in_force

61.300 Nonelective peace officer or deputy -- Qualifications.

No person shall serve as a deputy sheriff, patrol or other nonelective peace officer, or

deputy peace officer, unless:

(1) He or she is a citizen of the United States and is twenty-one (21) years of age or

over;

(2) A sheriff may require his or her deputies to reside in the county in which they serve.

Any deputy sheriff appointed pursuant to this section who has not been a resident of

the county in which he or she serves for a period of at least two (2) years shall not

be an active participant in any labor dispute and shall immediately forfeit his or her

position if he violates this provision;

(3) He or she has never been convicted of a crime involving moral turpitude;

(4) He or she has not within a period of two (2) years hired himself or herself out,

performed any service, or received any compensation from any private source for

acting, as a privately paid detective, policeman, guard, peace officer, or otherwise

as an active participant in any labor dispute, or conducted the business of a private

detective agency or of any agency supplying private detectives, private policemen,

or private guards, or advertised or solicited any such business in connection with

any labor dispute; and

(5) He or she has complied with the provisions of KRS 15.334.
KRS § 205.541 — KY Code / Title XVII / Chapter 205 / Section 205.541
205.541 Application of clinical criteria for sepsis
Status: in_force

205.541 Application of clinical criteria for sepsis.

To encourage the early identification and treatment of sepsis, and for consistency with the

ICD-10 coding classification system utilized by the federal Centers for Medicare and

Medicaid Services, the Department for Medicaid Services and any managed care

organization with which the department contracts for the delivery of Medicaid services

shall use and apply clinical criteria for sepsis that requires no more than:

(1) A provider's diagnosis of sepsis and that a suspected or confirmed source of

infection is present; and

(2) The presence of two (2) or more symptoms indicating inflammatory response

syndrome which may include elevated values of the patient's body temperature,

heart rate, white blood count, or respiratory rate.
KRS § 82.175 — KY Code / Title IX / Chapter 82 / Section 82.175
82.175 Bonds constitute legal investments
Status: in_force

82.175 Bonds constitute legal investments.

Bonds issued by a city under the provisions of KRS 82.105 to 82.180 are hereby made

securities in which all public officers and public bodies, agencies and instrumentalities of

the Commonwealth and its political subdivisions, all insurance companies, trust

companies, banking associations, investment companies, executors, administrators,

trustees and other fiduciaries, and all other persons whatsoever who are now or may

hereafter be authorized to invest in bonds or other obligations of a similar nature may

properly and legally invest funds, including capital in their control or belonging to them.

Such bonds are hereby made securities which may properly and legally be deposited with

and received by any state or municipal officer or any agency or political subdivision of

the Commonwealth for any purpose for which the deposit of bonds or other obligations of

the Commonwealth is now or may hereafter be authorized by law.
KRS § 365.561 — KY Code / Title XXIX / Chapter 365 / Section 365.561
365.561 Legislative intent
Status: in_force

365.561 Legislative intent.

The General Assembly in enacting KRS 365.561 to 365.613 intends to provide a system

of state trademark registration and protection substantially consistent with the federal

system of trademark registration and protection under the Trademark Act of 1946, as

amended. The construction given the federal act shall be examined as persuasive

authority for interpreting and constructing KRS 365.561 to 365.613.
KRS § 508.184 — KY Code / Title L / Chapter 508 / Section 508.184
508.184 Hazing in the second degree -- Defenses -- Sentencing
Status: in_force

508.184 Hazing in the second degree -- Defenses -- Sentencing.

(1) A person is guilty of hazing in the second degree when he or she recklessly engages

in an act of hazing.

(2) It shall be a defense under this section that the act was part of reasonable and

customary:

(a) Interscholastic or intercollegiate athletic practices, competitions, or events;

(b) Law enforcement training; or

(c) Military training.

(3) Hazing in the second degree is a Class A misdemeanor. Any sentence imposed on a

defendant under this section shall run concurrently with any sentence imposed

under KRS 508.060 or 508.070 arising from the same act or occurrence.
KRS § 164.7915 — KY Code / Title XIII / Chapter 164 / Section 164.7915
164.7915 Budget request -- Purpose of appropriations
Status: in_force

164.7915 Budget request -- Purpose of appropriations.

(1) The Council on Postsecondary Education shall make a biennial budget request to

the General Assembly and to the Governor with regard to:

(a) Specific funding amounts to be appropriated to each individual trust fund in

the Strategic Investment and Incentive Funding Program;

(b) Specific funding amounts of all capital projects to be appropriated and funded

from each individual trust fund in the Strategic Investment and Incentive

Funding Program; and

(c) Funding to be appropriated to the base budgets of the institutions, systems,

agencies, and programs.

(2) Funds appropriated for the Strategic Investment and Incentive Funding Program

shall be for the purpose of encouraging the activities of institutions, systems,

agencies, and programs of postsecondary education in accordance with the strategic

agenda adopted by the Council on Postsecondary Education.
KRS § 353.330 — KY Code / Title XXVIII / Chapter 353 / Section 353.330
353.330 Parties -- Representation of minors, mentally disabled, and persons not in being
Status: in_force

353.330 Parties -- Representation of minors, mentally disabled, and persons not in

being.

All of the persons in being who have any present or contingent interest in the lands or

estate or interest sought to be leased shall be made parties to the proceedings authorized

in KRS 353.300 to 353.380, with any infant or infants being represented either by next

friend or statutory guardian or guardian ad litem, or in the case of constructive service of

summons by a warning order attorney appointed as in other cases. Any person adjudged

mentally disabled shall be represented by his guardian or conservator or by guardian ad

litem, or, in the case of constructive service of summons as in civil actions generally, by a

warning order attorney appointed as in other cases. If the court specifically finds that the

welfare or interest of any person or persons not in being requires special representation,

the court may appoint a trustee ad litem to represent such unknown parties not in being or

each separate class thereof, and such trustee ad litem shall file such pleadings or answer

and take such steps as he deems proper, and such unknown persons will be fully bound by

the proceedings hereunder. Otherwise, and in the absence of such finding by the court, it

shall not be necessary to make parties any persons not in being, either as "unknown

defendants" or otherwise, but the persons in being who are parties shall stand for and

represent the full title and whole interest in said lands or estate or interest therein, and all

parties not in being who might have some contingent or future interest therein, and all

persons, whether in being or not in being, having any interest, present, future or

contingent, in the property sought to be leased, will be fully bound by the proceedings

hereunder. It shall be permissible, however, to make defendants any unknown persons

who might have any interest in the land sought to be leased, under the style of "unknown

defendants."
KRS § 362.175 — KY Code / Title XXIX / Chapter 362 / Section 362.175
362.175 Partnership defined
Status: in_force

362.175 Partnership defined.

(1) A partnership is an association of two (2) or more persons to carry on as co-owners

a business for profit and includes, for all purposes of the laws of this

Commonwealth, a registered limited liability partnership.

(2) But any association formed under any other statute of this state, or any statute

adopted by authority, other than the authority of this state, is not a partnership under

KRS 362.150 to 362.360, unless such association would have been a partnership in

this state prior to the adoption of KRS 362.150 to 362.360; but KRS 362.150 to

362.360 shall apply to limited partnerships except insofar as the statutes relating to

such partnerships are inconsistent herewith.