FrankGoortani/open-us-law huggingface dataset:
KRS § 457.110 — KY Code / Title XLII / Chapter 457 / Section 457.110
457.110 Coagents and successor agents
Status: in_force

457.110 Coagents and successor agents.

(1) If a principal designates two (2) or more persons to act as coagents, each coagent

may exercise its authority independently unless the power of attorney otherwise

provides.

(2) A principal may designate one (1) or more successor agents to act if an agent

resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve.

A principal may grant authority to designate one (1) or more successor agents to an

agent or other person designated by name, office, or function. Unless the power of

attorney otherwise provides, a successor agent:

(a) Has the same authority as that granted to the original agent; and

(b) May not act until all predecessor agents have resigned, died, become

incapacitated, are no longer qualified to serve, or have declined to serve.

(3) Except as otherwise provided in the power of attorney and subsection (4) of this

section, an agent that does not participate in or conceal a breach of fiduciary duty

committed by another agent, including a predecessor agent, is not liable for the

actions of the other agent.

(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary

duty by another agent of the same principal shall notify the principal and, if the

principal is incapacitated, take any action reasonably appropriate in the

circumstances to safeguard the principal's best interest. An agent that fails to notify

the principal or take action as required by this subsection is liable for the reasonably

foreseeable damages that could have been avoided if the agent had notified the

principal or taken such action.
KRS § 165A.320 — KY Code / Title XIII / Chapter 165A / Section 165A.320
165A.320 Applicability of KRS 165A.310 to 165A.410
Status: in_force

165A.320 Applicability of KRS 165A.310 to 165A.410.

KRS 165A.310 to 165A.410 shall not apply to any institution offering a four (4) year

bachelor's degree recognized by the Council on Postsecondary Education, nor shall it

apply to any religious institution exempt from taxation under the laws of this state or

which is subject to the provisions of KRS 164.945. KRS 165A.310 to 165A.410 is

intended to apply to and regulate for-profit and not-for-profit proprietary schools,

including but not limited to traditional, Web-based, distance learning, or correspondence

schools, which are operated as or are organized for a profit, or on a not-for-profit basis.
KRS § 197.022 — KY Code / Title XVII / Chapter 197 / Section 197.022
197.022 Personal attendance of state prisoner in civil action -- Transportation orders -- Payment of costs -- Participation of prisoner in action by alternative methods allowed
Status: in_force

197.022 Personal attendance of state prisoner in civil action -- Transportation

orders -- Payment of costs -- Participation of prisoner in action by alternative

methods allowed.

(1) Whenever a court finds the personal attendance of a state prisoner is necessary in a

civil action and orders the Justice and Public Safety Cabinet or its agent or any law

enforcement officer to transport a prisoner in connection with the civil action, the

party requesting that the state prisoner be transported to the hearing shall pay the

transportation cost, which shall include the estimated round trip cost, including the

state mileage rate and the estimated associated salary cost of correctional staff.

(2) The court shall cause all transportation orders to be delivered to the warden or jailer

of the detention facility where the prisoner resides. As soon as practicable after the

receipt of the order, the warden or jailer shall notify the prisoner and the court of the

total transportation cost. If the payment is not received twenty-four (24) hours in

advance of the scheduled hearing, no transportation shall be provided, irrespective

of the order of the court commanding the Justice and Public Safety Cabinet or its

agent or other law enforcement officer to transport a prisoner.

(3) To the extent practicable, any action concerning a prisoner in which the court has

determined that the prisoner's participation is required or permitted may be

conducted by telephone, video conference, or other telecommunications technology

without removing the prisoner from the facility in which the prisoner is confined.

(4) The provisions of this section pertaining to payment of transportation costs shall not

apply to parties who have been determined by the court to be indigent within the

meaning of KRS Chapter 31 or other applicable law.

(5) The Justice and Public Safety Cabinet shall promulgate an administrative regulation

or regulations governing this process.
KRS § 620.125 — KY Code / Title LI / Chapter 620 / Section 620.125
620.125 Testimony in adjudication not admissible in criminal proceeding except for purposes of impeachment
Status: in_force

620.125 Testimony in adjudication not admissible in criminal proceeding except

for purposes of impeachment.

Testimony offered by an alleged responsible parent or person exercising custodial control

or supervision in an adjudication of a petition under this chapter for dependency, abuse,

or neglect shall not be admissible in any criminal proceeding for charges arising from the

same transaction or occurrence except for the purposes of impeachment.
KRS § 158.6450 — KY Code / Title XIII / Chapter 158 / Section 158.6450
158.6450 Instruction in voter registration and election procedures
Status: in_force

158.6450 Instruction in voter registration and election procedures.

(1) The General Assembly hereby finds that knowledge of procedures for voter

registration and participation in elections is essential for all Kentucky students to

acquire the capacities established in KRS 158.645(2) and (4). Instruction in election

procedures is consistent with the goals of responsible citizenship established in

KRS 158.6451.

(2) Every secondary school shall provide students in the twelfth grade information on:

(a) How to register to vote;

(b) How to vote in an election using a ballot; and

(c) How to vote using an absentee ballot.

(3) A school may provide this information through classroom activities, written

materials, electronic communication, Internet resources, participation in mock

elections, and other methods identified by the principal after consulting with

teachers.
KRS § 61.430 — KY Code / Title VIII / Chapter 61 / Section 61.430
61.430 Federal-state agreement
Status: in_force

61.430 Federal-state agreement.

Consistent with the terms and conditions of KRS 61.410 to 61.500, the state agency, with

the approval of the Governor, is hereby authorized to enter into an agreement with the

commissioner for the purpose of extending insurance coverage to employees with respect

to services specified in the agreement which constitute employment as defined in KRS

61.420. An agreement entered into under this section may contain provisions relating to

coverage, benefits, contributions, effective date, modification and termination of the

agreement, administration and other appropriate provisions as the state agency and

commissioner shall agree upon. Any agreement, subject to the provisions of the Social

Security Act, shall provide in effect that:

(1) Insurance coverage shall be provided for employees whose services are described in

the agreement, and their dependents and survivors on the same basis as though the

services constituted employment within the meaning of Title II of the Social

Security Act;

(2) The state shall pay to the Secretary of the Treasury, at times prescribed under the

Social Security Act, contributions with respect to wages equal to the sum of the

taxes imposed by sections 3101 and 3111 of the Federal Insurance Contributions

Act if the services covered by the agreement constitute employment within the

meaning of that act;

(3) Insurance coverage will be afforded with respect to services performed after an

effective date specified in the agreement or modification thereof; except that the

effective date shall not be earlier than January 1, 1955, in the case of an agreement

or modification made between January 1, 1955, and January 1, 1958; or earlier than

January 1, 1956, in the case of an agreement or modification made at any time in the

years 1958 or 1959; or earlier than the first day of the year in which the agreement

or modification was made, in the case of an agreement or modification made at any

time between January 1, 1960, and July 1, 1962; or earlier than the first day of the

fifth year preceding the year in which the agreement or modification is made, in the

case of an agreement or modification made at any time after July 1, 1962;

(4) Insurance coverage shall be afforded with respect to all services constituting

employment; except that in order for insurance coverage to be afforded with respect

to services performed in the employ of a political subdivision of the state there must

be in existence in regard to those services a plan which meets the requirements of

KRS 61.460;

(5) Subject to the provisions of KRS 61.435, insurance coverage shall be afforded with

respect to all services in positions covered by a retirement system; except that no

agreement shall be effective to afford insurance coverage to any services performed

in positions to which KRS 161.220 to 161.710 are applicable except for services

performed in positions in a state university or public junior college.
KRS § 65.8808 — KY Code / Title IX / Chapter 65 / Section 65.8808
65.8808 Code enforcement board creation -- Joinder with additional cities or counties -- Powers -- Classification of violation of ordinance as civil offense
Status: in_force

65.8808 Code enforcement board creation -- Joinder with additional cities or

counties -- Powers -- Classification of violation of ordinance as civil offense.

(1) The legislative body of a local government may, by ordinance, create a code

enforcement board which shall have the power to issue remedial orders and impose

civil fines as a method of enforcing a local government ordinance when a violation

of the ordinance has been classified as a civil offense in accordance with this

section. Any local government may expand its code enforcement board to include

additional cities or counties within its jurisdiction for performing the function for

which the code enforcement board was organized.

(2) Subject to the limitations set forth in subsection (3) of this section, the legislative

body of a local government may utilize a code enforcement board to enforce any

ordinance of the local government, including but not limited to littering, open

dumping of solid waste, or any zoning or nuisance ordinance. Each ordinance to be

enforced by a code enforcement board, by its express terms, shall provide that each

violation of the ordinance shall constitute a civil offense. The ordinance shall

provide either:

(a) A specific civil fine or fines that may be imposed for each violation of the

ordinance; or

(b) Two (2) separate civil fines as follows:

1. A maximum civil fine that may be imposed for each offense if the

citation is contested under KRS 65.8825(6); and

2. A specific civil fine of less than the maximum civil fine that will be

imposed for each offense if the person who has committed the offense

does not contest the citation.

(3) With the exceptions of criminal littering under KRS 433.753 and littering of public

waters under KRS 433.757, no legislative body of a local government shall classify

the violation of an ordinance as a civil offense if the same conduct that is regulated

by the ordinance would also, under any provision of the Kentucky Revised Statutes,

constitute a criminal offense or a moving motor vehicle offense.
KRS § 390.120 — KY Code / Title XXXIII / Chapter 390 / Section 390.120
390.120 Intent to exercise -- Determining intent from residuary clause
Status: in_force

390.120 Intent to exercise -- Determining intent from residuary clause.

(1) As used in this section:

(a) "Residuary clause" does not include a residuary clause containing a blanket-

exercise clause or a specific-exercise clause; and

(b) "Will" includes a codicil and a testamentary instrument that revises another

will.

(2) A residuary clause in a powerholder's will, or a comparable clause in the

powerholder's revocable trust, manifests the powerholder's intent to exercise a

power of appointment only if:

(a) The terms of the instrument containing the residuary clause do not manifest a

contrary intent;

(b) The power is a general power exercisable in favor of the powerholder's estate;

(c) There is no gift-in-default clause or it is ineffective; and

(d) The powerholder did not release the power.
KRS § 250.461 — KY Code / Title XXI / Chapter 250 / Section 250.461
250.461 Short title for KRS 250.361 to 250.451
Status: in_force

250.461 Short title for KRS 250.361 to 250.451.

KRS 250.361 to 250.451 shall be known as the "Kentucky Fertilizer Law."
KRS § 18A.230 — KY Code / Title III / Chapter 18A / Section 18A.230
18A.230 Definitions for KRS 18A.230 to 18A.275
Status: in_force

18A.230 Definitions for KRS 18A.230 to 18A.275.

As used in KRS 18A.230 to 18A.275, unless the context requires otherwise:

(1) "Asset" means any owned physical object or right having a monetary value;

(2) "Authority" means the Kentucky Public Employees' Deferred Compensation

Authority;

(3) "Board" means the board of trustees as established by KRS 18A.245;

(4) "Deferred compensation" means a method which allows employees to authorize

income to be deducted from their current earning and set aside to be paid at a later

date;

(5) "Employee" means a person holding an office, position or employment in state

government and agencies thereof and also includes persons in the public school

system;

(6) "Financial planning" means the process of determining whether and how a

participant can meet retirement goals through the proper management of financial

resources;

(7) "Income" means earnings of a person while an employee of the state and agencies

thereof or public school system;

(8) "Self-directed brokerage account" means a brokerage account of record offered by a

broker-dealer selected by the board and registered with the United States Securities

and Exchange Commission which allows participants to invest in securities

registered with the United States Securities and Exchange Commission as

alternative plan investments in addition to those designated by the board; and

(9) "Trust fund" means a fund consisting of assets received and held by a government

unit or its designated custodian to be expended or invested in accordance with

conditions of the trust.
KRS § 162.590 — KY Code / Title XIII / Chapter 162 / Section 162.590
162.590 Duty of department on request of authority
Status: in_force

162.590 Duty of department on request of authority.

It shall be the duty of the department, upon written request of the authority:

(1) To cause its auditing staff to audit the financial records of a board of education

relating to any identified and described bond issue of the authority, as an incident to

the department's next ensuing annual audit of such board of education, and each

subsequent annual audit thereof; and to provide to the authority a statement or

report thereof;

(2) Upon receiving a notification and request from the authority as described in KRS

162.580, to ascertain whether the lease of the board of education has been renewed

and is in force in accordance with its terms; and if the same is ascertained to be in

force, to withhold from the board of education a sufficient portion of any

undisbursed funds then held or set aside or allocated by the department for the

board of education, and to comply with the terms of the notification and request of

the authority, for the account of said board of education.
KRS § 76.640 — KY Code / Title IX / Chapter 76 / Section 76.640
76.640 Enforcement powers
Status: in_force

76.640 Enforcement powers.

(1) Any metropolitan sewer district which has initiated a wastewater collection project

under the provisions of KRS Chapters 76 and 107 may enforce payment of annual

improvement benefit assessments levied in respect of such project and may enforce

rules and regulations relative to this project by directing the company or

governmental unit providing water services to any benefited property to discontinue

water services until: (a) the improvement benefits and penalties are duly paid and

(b) the regulations and rules shall have been duly complied with and any defaults

have been cured. However, a metropolitan sewer district shall indemnify the

company or governmental unit providing water services from any liability for

damages for terminating water services upon the direction of a district.

(2) Water suppliers shall be entitled to collect from owners of benefited properties a

reasonable fee for termination and reinstatement of water services.

(3) It shall be lawful for metropolitan sewer districts initiating wastewater collection

projects to covenant with holders of bonds that the district shall enforce the

provisions of this section.

(4) Notwithstanding the foregoing provisions of this section, metropolitan sewer

districts initiating projects pursuant to KRS Chapters 76 and 107 shall have all

powers and rights granted to cities and sewer bodies by KRS 96.930 through

96.943.
KRS § 211.504 — KY Code / Title XVIII / Chapter 211 / Section 211.504
211.504 Spinal cord and head injury research trust fund
Status: in_force

211.504 Spinal cord and head injury research trust fund.

(1) The revenues received from the disbursements provided under KRS 42.320(2)(c)

shall be credited to the spinal cord and head injury research trust fund which is

hereby created.

(2) Federal funds or other funds which may be made available to supplement or match

state funds for spinal cord and head injury research programs provided for by KRS

211.500 to 211.504 shall be credited to the trust fund created in subsection (1) of

this section.

(3) Funds deposited to the credit of the spinal cord and head injury research trust fund

shall be used to finance the spinal cord and head injury research programs

authorized under the provisions of KRS 211.500 to 211.504 and for the operation of

the Kentucky Spinal Cord and Head Injury Research Board. Funds for research shall

only be used for spinal cord and head injury research undertaken by the University

of Kentucky or University of Louisville.

(4) Funds unexpended at the close of a fiscal year shall not lapse but shall be carried

forward to the next fiscal year or biennium, but any surplus shall be included in the

budget considered and approved by the board for the ensuing period.
KRS § 454.476 — KY Code / Title XLII / Chapter 454 / Section 454.476
454.476 Appeal
Status: in_force

454.476 Appeal.

Any party may appeal as a matter of right from an order granting or denying, in whole or

in part, a motion under KRS 454.464. The appeal shall be filed in accordance with the

Kentucky Rules of Civil Procedure.
KRS § 151.650 — KY Code / Title XII / Chapter 151 / Section 151.650
151.650 Authority created -- Purposes -- Legislative findings
Status: in_force

151.650 Authority created -- Purposes -- Legislative findings.

(1) The West Fork Drakes Creek Dam and Reservoir Interstate Authority is hereby

created. The West Fork Drakes Creek Dam and Reservoir Interstate Authority shall

be a public body corporate and politic and shall be referred to as the "authority" in

KRS 151.650 to 151.664. The authority shall develop the resources of the region

embracing the Tennessee county of Sumner and the Kentucky county of Simpson by

means of the construction and maintenance of a dam across the West Fork Drakes

Creek and the reservoir created by this dam. The water impounded within this

reservoir shall be utilized by the areas encompassing the authority to provide a

source of water for both recreation and economic development to be used in

industrial, commercial, agricultural, and residential activities. The authority may

develop this dam and reservoir for these stated purposes.

(2) The General Assembly hereby finds that the need for the purposes for which this

authority is created is evidenced by the effects which the recent droughts have had

and continue to have on this area. The General Assembly also finds that an adequate

supply of potable water is essential for the continued growth of this area.
KRS § 401.020 — KY Code / Title XXXV / Chapter 401 / Section 401.020
401.020 Parents or guardian may have child's name changed in District, Family, or Circuit Court -- Relevant factors
Status: in_force

401.020 Parents or guardian may have child's name changed in District, Family, or

Circuit Court -- Relevant factors.

(1) Both parents, provided both are living, or one (1) parent if one (1) is deceased, or if

no parent is living, the guardian, may have the name of a child under the age of

eighteen (18) changed by the District Court, or if the Family Court or Circuit Court

has a case before it involving the family, the Family Court of a county with a

Family Court, or the Circuit Court of a county without a Family Court of the county

in which the child resides.

(2) If one (1) parent refuses or is unavailable to execute the petition for a name change,

proper notice of filing the petition shall be served in accordance with the Rules of

Civil Procedure. The court shall conduct a hearing on the petition no later than sixty

(60) days from the date of service and make findings of fact and conclusions of law

based on the best interests of the child. The court shall consider all relevant factors,

including:

(a) The wishes of the child's parent or parents;

(b) The wishes of the child as to the name change, with due consideration given

to the influence a parent may have over the child's wishes;

(c) The interaction and interrelationship of the child with his or her parent or

parents, his or her siblings, and any other person who may significantly affect

the child's best interests;

(d) The motivation of the adults participating in the proceeding; and

(e) The mental and physical health of all individuals involved.

(3) If the child resides on a United States Army post, military reservation, or fort, his or

her name may be changed by the District Court, or the Family Court of a county

with a Family Court, or the Circuit Court of a county without a Family Court of any

county adjacent thereto.
KRS § 187.430 — KY Code / Title XVI / Chapter 187 / Section 187.430
187.430 What constitutes satisfaction of judgment
Status: in_force

187.430 What constitutes satisfaction of judgment.

Judgments in excess of the amounts specified in KRS 187.290(11) shall, for the purpose

of KRS 187.290 to 187.620, be deemed satisfied when payments in the amount so

specified have been credited thereon; provided, however, payments made in settlement of

any claims because of bodily injury, death or property damage arising from a motor

vehicle accident shall be credited in reduction of the respective amounts so specified.