FrankGoortani/open-us-law huggingface dataset:
KRS § 205.6497 — KY Code / Title XVII / Chapter 205 / Section 205.6497
205.6497 Required provisions in plans
Status: in_force

205.6497 Required provisions in plans.

(1) As permitted by federal law, in any plan submitted for federal Title XXI approval of

a children's health insurance program for Kentucky, the cabinet shall include

provisions for a preventive health insurance program for children with no

copayment, deductible, coinsurance, or premium.

(2) The plan referred to in subsection (1) of this section shall include:

(a) Preventive dental services, tooth extraction, and emergency dental services;

and

(b) Coverage for certain services rendered by certified community health workers,

as defined in KRS 309.460, equivalent to the coverage requirements

established in KRS 205.648.
KRS § 180.100 — KY Code / Title XV / Chapter 180 / Section 180.100
180.100 Tolls to cease or be reduced when bonds are paid
Status: in_force

180.100 Tolls to cease or be reduced when bonds are paid.

After any bonded indebtedness or lien incurred under the provisions of KRS 180.070 has

been fully discharged, the department may charge only such toll as it deems necessary to

pay the cost of some extraordinary casualty or calamity.
KRS § 533.260 — KY Code / Title L / Chapter 533 / Section 533.260
533.260 Rules for administration
Status: in_force

533.260 Rules for administration.

The Supreme Court of Kentucky shall, by rule, determine all forms and other matters

necessary for the proper administration of the pretrial diversion program.
KRS § 21A.050 — KY Code / Title IV / Chapter 21A / Section 21A.050
21A.050 Reversal or modification of judgments -- Procedures for appeal
Status: in_force

21A.050 Reversal or modification of judgments -- Procedures for appeal.

(1) A judgment, order or decree of a lower court may be reversed, modified or set aside

by the Supreme Court for errors appearing in the record.

(2) The method of bringing a judgment, order or decree of a lower court to the Supreme

Court for review shall be established by Supreme Court rule. The procedures for

appellate review shall be established by the Rules of Civil Procedure, Rules of

Criminal Procedure and other rules promulgated by the Supreme Court.
KRS § 216B.061 — KY Code / Title XVIII / Chapter 216B / Section 216B.061
216B.061 Actions requiring certificates of need -- Prohibitions against dividing projects to evade expenditure minimums and against ex parte contacts -- Ambulatory surgical centers
Status: in_force

216B.061 Actions requiring certificates of need -- Prohibitions against dividing

projects to evade expenditure minimums and against ex parte contacts --

Ambulatory surgical centers.

(1) Unless otherwise provided in this chapter, no person shall do any of the following

without first obtaining a certificate of need:

(a) Establish a health facility;

(b) Obligate a capital expenditure which exceeds the capital expenditure

minimum;

(c) Make a substantial change in the bed capacity of a health facility;

(d) Make a substantial change in a health service;

(e) Make a substantial change in a project;

(f) Acquire major medical equipment;

(g) Alter a geographical area or alter a specific location which has been

designated on a certificate of need or license;

(h) Transfer an approved certificate of need for the establishment of a new health

facility or the replacement of a licensed facility.

(2) No person shall separate portions of a single project into components in order to

evade any expenditure minimum set forth in this chapter. For purposes of this

chapter, the acquisition of one (1) or more items of functionally related diagnostic

or therapeutic equipment shall be considered as one (1) project.

(3) No person shall have ex parte contact with the final-decision-making authority

engaged in certificate of need activities regarding a certificate-of-need application

from the commencement of the review cycle to the final decision. If an ex parte

contact occurs, it shall be promptly made a part of the record.

(4) No person shall obligate a capital expenditure in excess of the amount authorized by

an existing certificate of need unless the person has received an administrative

escalation from the cabinet as prescribed by regulation.

(5) No person shall proceed to obligate a capital expenditure under an approved

certificate of need if there has been a substantial change in the project.

(6) A certificate of need shall be issued for a specific location and, when applicable, for

a designated geographical area.

(7) No person shall establish an ambulatory surgical center as defined in KRS

216B.015 without obtaining a certificate of need. An ambulatory surgical center

shall require a certificate of need and license, notwithstanding any exemption

contained in KRS 216B.020.

(8) Nothing in this chapter shall be interpreted to require any ambulatory surgical center

licensed as of July 12, 2012, to obtain a certificate of need to continue operations

and exercise all of the rights of a licensed health care facility, regardless of whether

it obtained a certificate of need before being licensed.
KRS § 61.090 — KY Code / Title VIII / Chapter 61 / Section 61.090
61.090 Acceptance of incompatible office vacates first
Status: in_force

61.090 Acceptance of incompatible office vacates first.

The acceptance by one (1) in office of another office or employment incompatible with

the one (1) he holds shall operate to vacate the first.
KRS § 363.430 — KY Code / Title XXIX / Chapter 363 / Section 363.430
363.430 Sealing or marking testing devices
Status: in_force

363.430 Sealing or marking testing devices.

Whenever the inspector for the Kentucky Department of Agriculture compares grain

moisture tests of the device being tested with the standard grain moisture measuring

device and finds that they correspond or causes them to correspond with the standard he

shall seal or mark such grain moisture measuring testing device with appropriate seals or

marks. Any such grain moisture measuring testing device which upon such inspection

shall be found to be defective and which defect cannot be immediately corrected shall be

sealed or marked with an appropriate seal indicating such device to be defective and the

owner or user of such device shall be notified of such defective condition on an

appropriate inspection form on the date of such inspection.
KRS § 161.166 — KY Code / Title XIII / Chapter 161 / Section 161.166
161.166 Training program for Kentucky Virtual High School on-line coaches
Status: in_force

161.166 Training program for Kentucky Virtual High School on-line coaches.

By July 1, 2009, the Kentucky Department of Education, in cooperation with teacher

education institutions, shall develop a training program for certified and classified

personnel to become on-line coaches to provide effective support to students enrolled in

courses through the Kentucky Virtual High School.
KRS § 65.8913 — KY Code / Title IX / Chapter 65 / Section 65.8913
65.8913 Removal of commissioner for cause -- Notice -- Hearing
Status: in_force

65.8913 Removal of commissioner for cause -- Notice -- Hearing.

(1) A commissioner may be removed for cause by the chief executive officer of the

member entity he or she represents. The chief executive officer shall give the

commissioner thirty (30) days' written notice of the hearing. The notice shall

identify the charges brought against that commissioner, and the hearing shall be

conducted by an impartial hearing officer appointed by the governing body of the

member entity. The commissioner may elect to be represented by private legal

counsel and shall bear any cost associated with private legal counsel.

(2) After a formal evidentiary hearing under subsection (1) of this section, the hearing

officer shall submit written findings to the governing body of the member entity for

approval or disapproval. If the governing body approves the charges brought against

the commissioner, then the position shall be declared vacant.
KRS § 395A.180 — KY Code / Title XXXIV / Chapter 395A / Section 395A.180
395A.180 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

395A.180 Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or

supersede Section 101(c) of that act, codified as 15 U.S.C. sec. 7001(c), or authorize

electronic delivery of any of the notices described in Section 103(b) of that act, codified

as 15 U.S.C. sec. 7003(b).
KRS § 117.215 — KY Code / Title X / Chapter 117 / Section 117.215
117.215 Procedure when equipment no longer operates during election -- Counting of votes -- Backup voting equipment or paper ballots for emergency use
Status: in_force

117.215 Procedure when equipment no longer operates during election -- Counting

of votes -- Backup voting equipment or paper ballots for emergency use.

(1) If, during the conduct of an election, voting equipment, or any part of a voting

system, no longer operates in a manner that will comply with the provisions of this

chapter, the election officers shall lock or seal the voting equipment to prevent

further voting thereon and record the numbers shown by the public counter. Then

the election officers shall secure from the county clerk reserve voting equipment,

prepared and made ready for use as provided in KRS 117.205, and proceed to

conduct the election. When the polls are closed both the original and reserve voting

equipment shall be examined and the votes thereon registered shall be counted as

provided in KRS 117.275, and the aggregate number of votes cast on all voting

equipment for each candidate and on each question shall be certified as the result of

the primary or election in that precinct.

(2) If an emergency should arise due to the malfunction of the voting equipment, the

county clerk shall provide backup voting equipment, or paper ballots for use at the

precinct and a ballot box in which to deposit the voted ballots. The ballot box shall

be locked with two (2) locks and the judges of the precinct shall each hold the key

to one (1) lock. At the close of voting, the paper ballots shall be counted at the

precinct or a central counting center and added to the votes cast using voting

equipment. The aggregate of these votes shall be certified as the result of the

election in that precinct.
KRS § 311.7811 — KY Code / Title XXVI / Chapter 311 / Section 311.7811
311.7811 Legislative findings and declarations
Status: in_force

311.7811 Legislative findings and declarations.

The General Assembly finds and declares, according to contemporary medical

research, all of the following:

(1) Medical and other authorities now know more about human prenatal

development than ever before, including:

(a) Between five (5) and six (6) weeks' gestation, an unborn child's heart

begins beating;

(b) At approximately eight (8) weeks' gestation, an unborn child begins to

move about in the womb;

(c) At nine (9) weeks' gestation, all basic physiological functions are present,

including teeth, eyes, and external genitalia;

(d) At ten (10) weeks' gestation, an unborn child's vital organs begin to

function, and hair, fingernails, and toenails begin to form;

(e) At eleven (11) weeks' gestation, an unborn child's diaphragm is

developing, he or she may even hiccup, and he or she is beginning to

move about freely in the womb; and

(f) At twelve (12) weeks' gestation, an unborn child can open and close his

or her fingers, starts to make sucking motions, senses stimulation from

the world outside the womb, and has taken on "the human form" in all

relevant aspects under Gonzales v. Carhart, 550 U.S. 124, 160 (2007);

(2) The United States Supreme Court has long recognized that the state has an

"important and legitimate interest in protecting the potentiality of human life,"

Roe v. Wade, 410 U.S. 113, 162 (1973), and specifically that "the state has an

interest in protecting the life of the unborn," Planned Parenthood of

Southeastern Pennsylvania v. Casey, 505 U.S. 833, 873 (1992);

(3) The majority of abortion procedures performed after fifteen (15) weeks'

gestation are dilation and evacuation procedures which involve the use of

surgical instruments to crush and tear the unborn child apart before removing

the pieces of the dead child from the womb, procedures prohibited under KRS

311.787, and the General Assembly finds that the intentional commitment of

such acts for nontherapeutic or elective reasons is a barbaric practice,

dangerous for the maternal patient, and demeaning to the medical profession;

(4) Abortion carries significant physical and psychological risks to the maternal

patient, and these physical and psychological risks increase with gestational

age;

(5) As the second trimester progresses, in the vast majority of uncomplicated

pregnancies, the maternal health risks of undergoing an abortion are greater

than the risks of carrying a pregnancy to term;

(6) Seventy-five percent (75) of all the nations in the world do not permit abortion

after twelve (12) weeks' gestation except, in most instances, to save the life

and preserve the physical health of the mother; and

(7) The Commonwealth of Kentucky has legitimate interests from the outset of the

pregnancy in protecting both the health of the woman and the life of an unborn

human individual who may be born.
KRS § 419.130 — KY Code / Title XXXVII / Chapter 419 / Section 419.130
419.130 Appeal -- Supersedeas
Status: in_force

419.130 Appeal -- Supersedeas.

(1) Any party to a hearing on a writ may appeal to the Court of Appeals by filing with

the clerk of the court, within thirty (30) days after the entry of the judgment, the

original record and a transcript of the evidence, together with a notice of appeal,

which notice shall be served on the other parties at least two (2) days before the

appeal is filed. Upon the filing of the appeal the clerk shall immediately deliver the

papers to the Chief Judge.

(2) If the judgment in a habeas corpus proceeding orders the release of the person

detained, any party may have the judgment stayed until the appeal is filed by

notifying the judge rendering the judgment that he intends to appeal and upon

complying with such terms as to bond or otherwise as the judge deems proper for

the security of the person detained. The Court of Appeals may continue, modify or

set aside the stay pending the appeal. The appellant may be required to give security

for costs.
KRS § 243.480 — KY Code / Title XX / Chapter 243 / Section 243.480
243.480 Suspension of licenses -- Payments in lieu of suspension -- Appeal
Status: in_force

243.480 Suspension of licenses -- Payments in lieu of suspension -- Appeal.

(1) Upon proceedings for the revocation of any license under KRS 243.520, the

Alcoholic Beverage Control Board, or the local administrator, may in its or his or

her discretion order a suspension of the license for any cause for which it may, but

is not required to, revoke the license under the provisions of KRS 243.490 and

243.500. However, the licensee may have the alternative, subject to the approval of

the Alcoholic Beverage Control Board or the local administrator, to pay in lieu of

part or all of the days of any suspension period, a sum as follows:

(a) Except for violations arising from retail sales activities, including sales under

licenses issued pursuant to KRS 243.086 and sales at retail under KRS

243.0305:

1. Distillers, rectifiers, wineries, and brewers, one thousand dollars

($1,000) per day;

2. Wholesale distilled spirits and wine licensees, four hundred dollars

($400) per day;

3. Wholesale malt beverage licensees, four hundred dollars ($400) per day;

and

4. Cannabis-infused beverage distributor's license, four hundred dollars

($400) per day;

(b) 1. Retail licensees authorized to sell distilled spirits, wine, or malt

beverages by the package or drink, fifty dollars ($50) per day; and

2. Distillers, wineries, and brewers for violations arising from their retail

sales activities, including sales by distillers under licenses issued

pursuant to KRS 243.086 and sales at retail under KRS 243.0305, fifty

dollars ($50) per day;

(c) Cannabis-infused beverage retail package licenses, fifty dollars ($50) per day;

and

(d) All remaining licensees, fifty dollars ($50) per day.

(2) Payments in lieu of suspension or for board-ordered agency server training,

collected on a cost recovery basis, collected by the Alcoholic Beverage Control

Board shall be deposited in the State Treasury and credited to the general

expenditure fund. Payments in lieu of suspension collected by local administrators

shall be deposited and used as local alcoholic beverage license tax receipts are

deposited and used.

(3) In addition to or in lieu of a suspension of a license, the board may order a licensee

to pay for and require attendance and completion by some or all of the licensee's

alcoholic beverage servers in the department's server training program.

(4) Appeals from orders of suspension and the procedure thereon shall be the same as

are provided for orders of revocation in KRS Chapter 13B.

(5) The portions of this section relating to local administrators shall not apply to

cannabis-infused beverage licensees.
KRS § 344.645 — KY Code / Title XXVII / Chapter 344 / Section 344.645
344.645 Final order of commission -- Civil penalty
Status: in_force

344.645 Final order of commission -- Civil penalty.

(1) If the commission finds that a respondent has engaged or is about to engage in a

discriminatory housing practice, the commission shall promptly issue a final order

for appropriate relief, which may include actual damages suffered by the aggrieved

person and injunctive or other equitable relief. The final order may, to vindicate the

public interest, assess a civil penalty against the respondent:

(a) In an amount not exceeding ten thousand dollars ($10,000) if the respondent

has not been adjudged to have committed any prior discriminatory housing

practice;

(b) In an amount not exceeding twenty-five thousand dollars ($25,000) if the

respondent has been adjudged to have committed one (1) other discriminatory

housing practice during the five (5) year period ending on the date of the filing

of this charge; and

(c) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent

has been adjudged to have committed two (2) or more discriminatory housing

practices during the seven (7) year period ending on the date of the filing of

this charge; except that if the acts constituting the discriminatory housing

practice that is the object of the charge are committed by the same natural

person who has been previously adjudged to have committed acts constituting

a discriminatory housing practice, then the civil penalties set forth in

paragraphs (b) or (c) of this subsection may be imposed without regard to the

period of time within which any subsequent discriminatory housing practice

occurred.

(2) No final order shall affect any contract, sale, encumbrance, or lease consummated

before the issuance of the final order and involving a bona fide purchaser,

encumbrancer, or tenant without actual notice of the discriminatory housing charge.

(3) If the commission finds that the respondent has not engaged or is not about to

engage in a discriminatory housing practice, the commission shall enter a final order

dismissing the charge. The commission shall make public disclosure of the

dismissal.

(4) The commission shall issue a final order in accordance with the provisions of KRS

Chapter 13B.
KRS § 177.573 — KY Code / Title XV / Chapter 177 / Section 177.573
177.573 Administrative regulations for designation, nomination, review and removal of scenic designation of byway or highway
Status: in_force

177.573 Administrative regulations for designation, nomination, review and

removal of scenic designation of byway or highway.

The Transportation Cabinet, in coordination with the Tourism, Arts and Heritage Cabinet

and the Kentucky Heritage Council, shall promulgate administrative regulations under

KRS Chapter 13A to establish:

(1) Specific criteria for a road to be designated a scenic byway or a scenic highway;

(2) A process for nominating and review of a road as a scenic byway or scenic highway;

(3) A process for designating a road as a scenic byway or scenic highway; and

(4) A process to remove the scenic designation from a byway or highway if the intrinsic

qualities of the road change or if the community affected by the road requests the

scenic designation to be removed.
KRS § 146.415 — KY Code / Title XII / Chapter 146 / Section 146.415
146.415 Definitions for KRS 146.410 to 146.530
Status: in_force

146.415 Definitions for KRS 146.410 to 146.530.

As used in KRS 146.410 to 146.530:

(1) "Natural area" means any area of land or water, or of both land and water, in public

or private ownership, which either retains, or has reestablished to some degree in

the judgment of the office its natural character, though it need not be completely

natural and undisturbed, or which has natural flora, fauna, biological, ecological,

geological, scenic or archaeological features of scientific, aesthetic, cultural or

educational interest;

(2) "Nature preserve" means a natural area, and land necessary for its protection, any

estate, interest or right in which has been formally dedicated under the provisions of

KRS 146.410 to 146.530 to be maintained as nearly as possible in its natural

condition and to be used in a manner and under limitations consistent with its

continued preservation, without impairment, disturbance or artificial development,

for the public purposes of present and future scientific research, education, aesthetic

enjoyment and habitat for plant and animal species and other natural objects;

(3) "Articles of dedication" means the writing by which any estate, interest or right in a

natural area is formally dedicated, as provided in KRS 146.410 to 146.530;

(4) "Office" means the Office of Kentucky Nature Preserves;

(5) "System" means the state system of nature preserves established under KRS

146.410 to 146.530;

(6) "Cabinet" means the Energy and Environment Cabinet;

(7) "Executive director" means the executive director of the Office of Kentucky Nature

Preserves; and

(8) "Secretary" means the secretary of the Energy and Environment Cabinet.
KRS § 351.310 — KY Code / Title XXVIII / Chapter 351 / Section 351.310
351.310 Definitions for KRS 351.315 to 351.375
Status: in_force

351.310 Definitions for KRS 351.315 to 351.375.

As used in KRS 351.315 to 351.375 unless the context clearly indicates otherwise:

(1) "Explosives" means any chemical compound or other substance or mechanical

system intended for the purpose of producing an explosion, or that contains

oxidizing and combustible units or other ingredients in such proportions or

quantities that ignition by detonation may produce an explosion, capable of causing

injury to persons or damage to property;

(2) "Blasting operation" means the use of explosives in the surface blasting of stone,

rock, ore or any other natural formation, or in any construction or demolition work,

but shall not include its use in agricultural operations;

(3) "Blaster" means a person licensed to fire or detonate explosives in blasting

operations;

(4) "Charge" means a quantity of explosive or equivalent that is to be detonated within

a period of five (5) seconds;

(5) "Subcharge" means a quantity of explosive or equivalent that is to be detonated

within a period of less than eight (8) milliseconds;

(6) "Detonation time" means the time at which the detonation is initiated;

(7) "Department" means the Department for Natural Resources; and

(8) "Commissioner" means the commissioner of the Department for Natural Resources.