FrankGoortani/open-us-law huggingface dataset:
KRS § 138.347 — KY Code / Title XI / Chapter 138 / Section 138.347
138.347 Records of dealers and holders of refund permits
Status: in_force

138.347 Records of dealers and holders of refund permits.

(1) Each licensed gasoline and special fuel dealer shall, in accordance with the

department's requirements, keep at his principal place of business in this state a

complete record of all such gasoline and special fuel sold by him under gasoline

refund invoices provided for in KRS 138.351, which records shall give the date of

each such sale, the number of gallons sold, the name of the person to whom sold

and the sale price.

(2) Every person to whom a refund permit has been issued under KRS 138.345 shall, in

accordance with the department's requirements, keep at his residence or principal

place of business in this state a record of each purchase of gasoline and special fuel

from a licensed dealer or the dealer's authorized agent, the number of gallons

purchased, the name of the seller, and the date of purchase.

(3) The records required to be kept under subsections (1) and (2) of this section shall at

all reasonable hours be subject to inspection by the department or by any person

duly authorized by it. Such records shall be preserved and shall not be destroyed

until five (5) years after the date the gasoline and special fuel to which they relate

was sold and purchased.
KRS § 278.507 — KY Code / Title XXIV / Chapter 278 / Section 278.507
278.507 Public Service Commission's policy to facilitate greater use of natural gas produced in Kentucky -- Commission's duties and prohibited activities
Status: in_force

278.507 Public Service Commission's policy to facilitate greater use of natural gas

produced in Kentucky -- Commission's duties and prohibited activities.

(1) It shall be the policy of the Public Service Commission to facilitate greater

utilization of the natural gas produced or available for production within the state,

where this can be done without detriment to the customers of utilities under

jurisdiction of the commission.

(2) This policy may be implemented by requiring the transportation of natural gas in

intrastate commerce for persons who own or have purchased gas, as provided in

KRS 278.505.

(3) The commission shall maintain at its offices for public inspection all rates and

charges for natural gas transportation which are filed with the commission, and

copies of federal or state rules which govern transportation of natural gas.

(4) The commission may implement this policy by gathering and maintaining, for

public inspection, various information concerning natural gas markets. Such

information may include, but not by way of limitation:

(a) Lists of producers of undedicated natural gas, together with such descriptions

of available quantity, location or price as may be available to the commission;

(b) Lists of persons seeking a supply of natural gas, together with such

descriptions as may be available to the commission;

(c) Sources of legal or technical expertise in natural gas procurement or

marketing, which may be available to the commission;

(d) Transportation contracts filed with the commission, except to the extent that

the parties to such contracts have requested that portions of these contracts be

treated as confidential.

(5) The commission may adopt or develop model contracts or forms if it determines

that such models would simplify negotiations between parties in the direct sale of

natural gas.

(6) The commission shall not implement this policy by engaging directly in the

procurement or marketing of natural gas as an agent of any person.

(7) The commission shall not regulate contracts between producers and purchasers of

natural gas except to the extent that any party or parties to the contract are otherwise

subject to commission regulation and commission review of contracts under this

chapter.
KRS § 96.915 — KY Code / Title IX / Chapter 96 / Section 96.915
96.915 Authority to apply different charges
Status: in_force

96.915 Authority to apply different charges.

A city may establish a basic sewer service charge or basic schedule of graduated charges,

applying to all sewer users alike, and may, in its discretion, establish and apply to one or

more special classes of users additional service charges.
KRS § 65.7053 — KY Code / Title IX / Chapter 65 / Section 65.7053
65.7053 Contents of ordinance establishing a development area -- Agency to oversee and administer implementation of ordinance -- Termination date
Status: in_force

65.7053 Contents of ordinance establishing a development area -- Agency to

oversee and administer implementation of ordinance -- Termination date.

(1) An ordinance establishing a development area shall include the following

provisions:

(a) A legal description of the boundaries of the development area, and geographic

reference points;

(b) The establishment date;

(c) The termination date, including a provision that allows the termination date to

be extended as provided in KRS 65.7045(35);

(d) A name for the development area for identification purposes;

(e) A finding that the conditions in the development area meet the criteria

described in KRS 65.7049;

(f) A finding supporting the need to employ redevelopment assistance in the

development area;

(g) A provision adopting the development plan required by KRS 65.7051(1);

(h) Approval of any agreements relating to the development area, including any

local participation agreements;

(i) A provision establishing a special fund for the development area or any

project within the development area;

(j) A requirement that any entity other than the governing body that receives

financial assistance under the development area ordinance, whether in the

form of a grant, loan, or loan guarantee, shall make periodic accounting to the

governing body;

(k) A provision for periodic analysis and review by the governing body of the

development activity in the development area, a review of the progress in

meeting the stated goals of the development area, and a requirement that the

review and analysis be forwarded to the authority if the development activity

includes projects subject to a tax incentive agreement;

(l) Designation of the agency or agencies responsible for oversight,

administration, and implementation of the development ordinance; and

(m) Any other provisions, findings, limitations, rules, or procedures regarding the

proposed development area or a project within the development area and its

establishment or maintenance deemed necessary by the city or county.

(2) An ordinance establishing a development area may designate an existing agency to

oversee and administer implementation of a development area ordinance or a

portion thereof.

(3) Unless the ordinance establishing a development area requires an earlier date, a

development area shall cease to exist on the termination date.
KRS § 205.5621 — KY Code / Title XVII / Chapter 205 / Section 205.5621
205.5621 Definitions for KRS 205.5621 to 205.5625
Status: in_force

205.5621 Definitions for KRS 205.5621 to 205.5625.

As used in KRS 205.5621 to 205.5625:

(1) "Asset test" means the asset limits as defined by the Medicare Prescription Drug,

Improvement, and Modernization Act of 2003, Pub. L. No. 108-173;

(2) "Commissioner" means the commissioner of the Department for Medicaid Services;

(3) "Contractor" means the person, partnership, or corporate entity that has an approved

contract with the department to administer the Kentucky Pharmaceutical Assistance

Program;

(4) "Department" means the Department for Medicaid Services;

(5) "Enrollee" means a resident of this state who meets the conditions relating to

eligibility for the Kentucky Pharmaceutical Assistance Program and whose

application for enrollment has been approved by the department;

(6) "Federal poverty guidelines" means the federal poverty guidelines updated annually

in the Federal Register by the United States Department of Health and Human

Services under the authority of 42 U.S.C. sec. 9902(2);

(7) "Liquid assets" means assets used in the eligibility determination process and

defined by the MMA;

(8) "Medicaid dual eligible" or "dual eligible" means a person who is eligible for

Medicare and Medicaid as defined by the MMA;

(9) "Medicare Modernization Act" or "MMA" means the Medicare Prescription Drug,

Improvement, and Modernization Act of 2003, Pub. L. No. 108-173;

(10) "Medicare Part D prescription drug benefit" means the prescription benefit provided

under the MMA, as it may vary from one (1) PDP to another;

(11) "Participating pharmacy" means a pharmacy that elects to participate as a

pharmaceutical provider and enters into a participating network agreement with the

department;

(12) "Prescription drug plan" or "PDP" means a nongovernmental drug plan under

contract with the Centers for Medicare and Medicaid Services to provide

prescription benefits under the MMA;

(13) "Program" means the Kentucky Pharmaceutical Assistance Program established in

KRS 205.5621 to 205.5625; and

(14) "Resident" means a person who has lived within this state for a period of at least

ninety (90) consecutive days and who meets the conditions as set forth in KRS

205.5625. A person shall be considered a resident until the person establishes a

permanent residence outside of the state.
KRS § 314.400 — KY Code / Title XXVI / Chapter 314 / Section 314.400
314.400 Definitions for KRS 314.400 to 314.414
Status: in_force

314.400 Definitions for KRS 314.400 to 314.414.

As used in KRS 314.400 to 314.414:

(1) "APRN-designated certified nurse-midwife" means an advanced practice registered

nurse as defined in KRS 314.011 who is designated by the board as a certified

nurse-midwife;

(2) "Certified professional midwifery services":

(a) Means the provision of care to a person during a low-risk pregnancy,

childbirth, and the postpartum period, and the care of a normal newborn

immediately following birth;

(b) Includes collaboration with other appropriate licensed health care providers as

specified by the board by administrative regulation or when otherwise

indicated; and

(c) Does not have the same meaning as the practice of an APRN-designated

certified nurse-midwife, or the practice of medicine or osteopathy as defined

in KRS 311.550;

(3) "Collaboration" means the process by which a licensed certified professional

midwife and a physician or other appropriate healthcare provider jointly manage the

care of a client, the requirements for which shall be defined by the board;

(4) "Consultation" means the process by which a licensed certified professional

midwife directs the client to a physician or other appropriate licensed healthcare

provider to render an opinion regarding the management of a specific problem or

condition, the requirements for which shall be defined by the board;

(5) "Council" means the Licensed Certified Professional Midwives Advisory Council

created in KRS 314.402;

(6) "Licensed certified professional midwife" means a person who is certified by the

North American Registry of Midwives and issued a license by the board to provide

certified professional midwifery services in the Commonwealth of Kentucky;

(7) "Referral" means the process by which a licensed certified professional midwife

arranges for an accepting physician or other appropriate licensed healthcare

provider to assume primary management responsibility for the condition requiring

referral, which shall not preclude the licensed certified professional midwife from

continuing in the provision of care as mutually agreed upon with the accepting

provider, as regulated by the board; and

(8) "Transfer" means the act of transporting a client to a licensed healthcare facility

providing a higher level of care.
KRS § 342.715 — KY Code / Title XXVII / Chapter 342 / Section 342.715
342.715 Calculation of benefits during participation in vocational or physical rehabilitation program
Status: in_force

342.715 Calculation of benefits during participation in vocational or physical

rehabilitation program.

Notwithstanding the provisions of KRS 342.730, during the period the employee is

eligible for permanent total disability benefits and is actively participating in a vocational

or physical rehabilitation program, pursuant to an order of the administrative law judge,

the employee's benefits shall be calculated by taking eighty percent (80%) of his average

weekly wage, but not more than one hundred percent (100%) of the state's average

weekly wage, times the permanent disability rating as determined in this chapter.
KRS § 109.0415 — KY Code / Title IX / Chapter 109 / Section 109.0415
109.0415 Election on initial county solid waste management plan for counties without approved plan as of March 15, 1992
Status: in_force

109.0415 Election on initial county solid waste management plan for counties

without approved plan as of March 15, 1992.

(1) As to any county for which an initial county or area solid waste management plan

was not approved by the cabinet as of March 15, 1992, a county solid waste

management plan submitted to the cabinet shall not become effective if fifty-one

percent (51%) of the registered voters eligible to vote in the last Presidential

election sign and file a petition with the county clerk and the cabinet requesting

submission of the plan to voter approval. The petition shall be filed within one

hundred fifty (150) days of the fiscal court vote approving the plan.

(2) If the county clerk determines that the petition is in proper order, the clerk shall

certify the petition to the fiscal court. The fiscal court shall direct that the question

be placed before the voters at a special election held less than sixty (60) days from

the certification of the petition. The fiscal court shall bear the costs of advertising

and placing the question before the voters.

(3) The county clerk shall advertise the question as provided in KRS Chapter 424 and

shall instruct the voters to vote "yes" or "no" on acceptance of the solid waste

management plan. The results of the vote shall be certified to the fiscal court of the

county and the cabinet. The cabinet shall not approve a county solid waste

management plan if at least sixty (60) percent of those voting vote "no."

(4) The provisions of this section shall not apply to any subsequent plan submitted by

any county.
KRS § 40.500 — KY Code / Title V / Chapter 40 / Section 40.500
40.500 Burden of proof
Status: in_force

40.500 Burden of proof.

The burden of proving to the satisfaction of the adjutant general that a bonus is payable

shall in all cases be upon the claimant.
KRS § 35.105 — KY Code / Title V / Chapter 35 / Section 35.105
35.105 Who may convene general courts-martial
Status: in_force

35.105 Who may convene general courts-martial.

(1) General courts-martial may be convened by:

(a) The Governor;

(b) The adjutant general; or

(c) A general officer who is designated as a commander.

(2) If any such commanding officer is an accuser, the court shall be convened by

superior competent authority and may in any case be convened by such superior

competent authority if considered desirable by that authority.
KRS § 403.315 — KY Code / Title XXXV / Chapter 403 / Section 403.315
403.315 Presumption that joint custody and equally shared parenting time is in best interest of child inapplicable if domestic violence order entered against a party
Status: in_force

403.315 Presumption that joint custody and equally shared parenting time is in

best interest of child inapplicable if domestic violence order entered against a

party.

When determining or modifying a custody order pursuant to KRS 403.270, 403.280,

403.340, or 403.740, the court shall consider the safety and well-being of the parties and

of the children. If a domestic violence order is being or has been entered against a party

by another party or on behalf of a child at issue in the custody hearing, the presumption

that joint custody and equally shared parenting time is in the best interest of the child

shall not apply as to the party against whom the domestic violence order is being or has

been entered. The court shall weigh all factors set out in KRS 403.270(2) in determining

the best interest of the child.
KRS § 323.412 — KY Code / Title XXVI / Chapter 323 / Section 323.412
323.412 Suspension, revocation, and nonissuance of certificate -- Appeal of board's finding
Status: in_force

323.412 Suspension, revocation, and nonissuance of certificate -- Appeal of

board's finding.

(1) The board may suspend, revoke, or refuse to issue or renew the certificate of

any person upon a finding of any of the following:

(a) The certification was fraudulently obtained;

(b) A judgment has been issued against the person for gross incompetence,

neglect, or misconduct within the last five (5) years; or

(c) A judgment has been issued against the person or the person has

pleaded guilty to or been found guilty of fraud or deceit in the person's

professional duties within the last five (5) years, if in accordance with KRS

Chapter 335B.

(2) Any person may appeal a finding of the board within thirty (30) days of the date

of notification of action. Upon appeal, the board shall schedule an

administrative hearing in accordance with KRS Chapter 13B.
KRS § 194A.103 — KY Code / Title XVII / Chapter 194A / Section 194A.103
194A.103 Division of Kentucky Health Information Exchange created in the Office of Inspector General -- Division to provide leadership in the redesign of the health care delivery system -- Administrative regulations
Status: in_force

194A.103 Division of Kentucky Health Information Exchange created in the Office

of Inspector General -- Division to provide leadership in the redesign of the

health care delivery system -- Administrative regulations.

(1) The Division of Kentucky Health Information Exchange is hereby created in the

Office of Inspector General. The division shall provide leadership in the redesign of

the health care delivery system using electronic information technology as a means

to improve patient care and reduce medical errors and duplicative services.

(2) The Office of Inspector General shall promulgate administrative regulations in

accordance with KRS Chapter 13A to implement the provisions of this section.
KRS § 367.93111 — KY Code / Title XXIX / Chapter 367 / Section 367.93111
367.93111 Declaration effective until revoked -- Delivery of revocation
Status: in_force

367.93111 Declaration effective until revoked -- Delivery of revocation.

(1) A declaration shall remain in effect until revoked by the declarant in writing.

(2) A revocation of a declaration shall be delivered to the person to whom the

declaration was given or to the designee.
KRS § 136.020 — KY Code / Title XI / Chapter 136 / Section 136.020
136.020 Assessment of property of corporations
Status: in_force

136.020 Assessment of property of corporations.

The property of all corporations, except where otherwise provided by law, shall be

assessed in the name of the corporation in the same manner as that of a natural person,

except that, when legally called on, the chief officer shall report a full statement of the

property of the corporation for taxation, and, for a failure, shall be subject to the penalties

provided by law for a similar failure by a natural person in listing his property.
KRS § 156.152 — KY Code / Title XIII / Chapter 156 / Section 156.152
156.152 Price contract agreements for purchase of school buses
Status: in_force

156.152 Price contract agreements for purchase of school buses.

The chief state school officer, as executive officer of the Kentucky Board of Education,

upon application and requisition to the Finance and Administration Cabinet, is hereby

authorized and directed to secure price contract agreements for the purchase of school

buses by all district boards of education. The Finance and Administration Cabinet shall

enter into price contract agreements under established purchasing procedure in keeping

with the law relating to state purchasing. The price contract agreement shall establish

sources of supply, maximum prices to be paid, and shall set forth the length of time for

which contracts shall be valid.
KRS § 5.222 — KY Code / Title II / Chapter 5 / Section 5.222
5.222 Twenty-second Representative District
Status: in_force

5.222 Twenty-second Representative District.

The Twenty-second Representative District shall consist of the following territory:

County: Allen KY

County: Simpson KY

County: Warren KY (part)

F102 - Plano

F103 - Drake

F106 - Matlock

F118 - Larmon Mill
KRS § 212.260 — KY Code / Title XVIII / Chapter 212 / Section 212.260
212.260 Powers and duties of local health officers
Status: in_force

212.260 Powers and duties of local health officers.

(1) The health officer of a county that does not have a county department of health shall

enforce the rules and regulations of the Cabinet for Health and Family Services and

county boards of health.

(2) The health officer of a county that has formed a county department of health shall:

(a) Devote his entire time to the duties of his office, and shall not engage in the

private practice of medicine;

(b) Be secretary of the county board of health and keep full minutes of the

proceedings of the county board of health in a book provided for that purpose;

(c) Be the chief administrative officer of the county health department.
KRS § 83.560 — KY Code / Title IX / Chapter 83 / Section 83.560
83.560 Temporary absence or disability of mayor, who is to act -- Compensation
Status: in_force

83.560 Temporary absence or disability of mayor, who is to act -- Compensation.

During the temporary absence or disability of the mayor his office shall be administered

and its duties discharged by the president of the board of aldermen. The compensation of

the president of the board of aldermen for such services shall be determined by the board

of aldermen, but shall not exceed the rate allowed the mayor, and the compensation may

be deducted in whole or in part from the salary of the mayor, as the board of aldermen

determines.
KRS § 49.390 — KY Code / Title VI / Chapter 49 / Section 49.390
49.390 Reduction of award -- Basis of denial, reconsideration, or reduction of award
Status: in_force

49.390 Reduction of award -- Basis of denial, reconsideration, or reduction of

award.

(1) Any award made pursuant to KRS 49.270 to 49.490 shall be reduced by the amount

of any payments received or to be received by the claimant as a result of the injury

from the following sources:

(a) From or on behalf of the person who committed the crime;

(b) Under insurance programs mandated by law;

(c) From public funds;

(d) Under any contract of insurance wherein the claimant is the insured or

beneficiary;

(e) As an emergency award pursuant to KRS 49.360; and

(f) From donations made on behalf of the victim or claimant toward expenses

incurred as a result of the crime.

(2) The board may deny, reconsider, or reduce an award if the board finds that, in

relation to the criminally injurious conduct alleged in the claim, the victim or

claimant:

(a) Has been charged with a criminal offense;

(b) Has been offered immunity from prosecution in exchange for testimony;

(c) Knowingly participated in the conduct; or

(d) Engaged in conduct which may constitute mutual aggression with another

person.