FrankGoortani/open-us-law huggingface dataset:
KRS § 394.076 — KY Code / Title XXXIV / Chapter 394 / Section 394.076
394.076 Uniform testamentary additions to trust act
Status: reserved

394.076 Uniform testamentary additions to trust act.

(1) A will may validly transfer property to the trustee of a trust:

(a) Established during the testator's lifetime by the testator, by the testator and one

(1) or more other persons, or by one (1) or more other persons, including a

funded or unfunded life insurance trust, although one (1) or more persons

other than the trustee have reserved any or all rights of ownership of the

insurance contracts; or

(b) Established at the testator's death by the testator's transfer to the trustee, if the

trust is identified in the testator's will and its terms are set forth in a written

instrument, other than a will, executed before, concurrently with, or after the

execution of the testator's will or in another individual's will if that other

individual has predeceased the testator, regardless of the existence, size, or

character of the corpus of the trust.

(2) A transfer referred to in subsection (1) of this section shall not be invalid because

the trust is amendable or revocable, or because the trust was amended after the

execution of the will or the testator's death.

(3) Unless the testator's will provides otherwise, property transferred to a trust in

accordance with subsection (1) of this section shall not be held under a testamentary

trust of the testator but shall become a part of the trust to which it is transferred. The

property shall be administered and disposed of in accordance with the provisions of

the governing instrument setting forth the terms of the trust, including any

amendments to it made before or after the testator's death.

(4) Unless the testator's will provides otherwise, a revocation or termination of the trust

before the testator's death shall cause the devise or bequest to lapse.

(5) This section shall be effective for any devise or bequest made by wills of decedents

dying on or after July 15, 1998.

(6) This section shall be construed to effectuate its general purpose to make uniform the

law of those states that enact it.

(7) This section may be cited as the Uniform Testamentary Additions to Trusts Act.
KRS § 12.230 — KY Code / Title III / Chapter 12 / Section 12.230
12.230 Effect as to Attorney General and assistants
Status: in_force

12.230 Effect as to Attorney General and assistants.

KRS 15.020 shall remain in full force and effect, except to the extent the same is in

conflict with KRS 12.200 to 12.220 and except to the extent therein provided nothing in

those sections shall be construed, nor is the same intended to affect the tenure or

compensation of any assistant attorney general appointed and serving pursuant to law.

The Governor or any department may require the advice or services of the Attorney

General and the assistant attorneys general in matters relating to the duties or functions of

any such office or department.
KRS § 194A.609 — KY Code / Title XVII / Chapter 194A / Section 194A.609
194A.609 Promulgation of administrative regulations to implement KRS 194A.600 to 194A.609
Status: in_force

194A.609 Promulgation of administrative regulations to implement KRS 194A.600

to 194A.609.

The cabinet shall promulgate administrative regulations under KRS Chapter 13A

sufficient to implement KRS 194A.600 to 194A.609.
KRS § 79.150 — KY Code / Title IX / Chapter 79 / Section 79.150
79.150 Abolition of unnecessary city or county offices
Status: in_force

79.150 Abolition of unnecessary city or county offices.

(1) The governing body of any city electing to render or to receive governmental

services under a contract authorized by KRS 79.110 to 79.180 may, by ordinance,

abolish any office rendered unnecessary thereby, or may, by ordinance, declare any

such office vacant during the term of the contract. Any such office occupied by an

official elected by the qualified voters of the city shall not be abolished or declared

vacant before the end of the term of the incumbent.

(2) The fiscal court or the appointing authority of any county or other political

subdivision electing to render or to receive governmental services under a contract

authorized by KRS 79.110 to 79.180 may declare vacant for the term of the contract

any office rendered unnecessary thereby. Any such office occupied by an officer

elected by the qualified voters of the county or other political subdivision shall not

be declared vacant before the end of the term of the incumbent.
KRS § 319B.150 — KY Code / Title XXVI / Chapter 319B / Section 319B.150
319B.150 Penalties for practice in violation of KRS Chapter 319B
Status: in_force

319B.150 Penalties for practice in violation of KRS Chapter 319B.

(1) Until January 1, 2013, any person who practices as an orthotic fitter, orthotist,

prosthetist, or pedorthist in violation of this chapter shall be subject to only a

warning for the first offense. The person shall be granted thirty (30) days to comply

with the provisions of this chapter. Any subsequent offenses committed at any time

shall be subject to the relevant penalties in subsection (2) of this section.

(2) Except as otherwise indicated in subsection (1) of this section, any person who

violates any provision of this chapter shall be guilty of a Class A misdemeanor and

shall pay a fine not to exceed five thousand dollars ($5,000) per violation.
KRS § 11A.236 — KY Code / Title III / Chapter 11A / Section 11A.236
11A.236 Prohibition against lobbying on a contingency basis -- Exception for incentive compensation plans and placement agents
Status: in_force

11A.236 Prohibition against lobbying on a contingency basis -- Exception for

incentive compensation plans and placement agents. (Effective April 1, 2021)

(1) Except as provided in subsection (2) of this section, no person shall engage any

persons to influence executive agency decisions or conduct executive agency

lobbying activity for compensation that is contingent in any way on the outcome of

an executive agency decision, including payment based on the awarding of a

contract or payment of a percentage of a government contract awarded, and no

person shall accept any engagement to influence executive agency decisions or

conduct executive agency lobbying activity for compensation that is contingent in

any way on the outcome of an executive agency decision, including payment based

on the awarding of a contract or payment of a percentage of a government contract

awarded. An employer who pays an executive agency lobbyist based on the

awarding of a contract or payment of a percentage of a government contract

awarded shall be barred from doing business with the Commonwealth for a period

of five (5) years from the date on which such a payment is revealed to the Executive

Branch Ethics Commission.

(2) Subsection (1) of this section does not prohibit, and shall not be construed to

prohibit:

(a) Any person from compensating his or her sales employees pursuant to an

incentive compensation plan, such as commission sales, if the incentive

compensation plan is the same plan used to compensate similarly situated

sales employees who are not executive agency lobbyists; or

(b) Any person from engaging a placement agent to influence investment

decisions of the Kentucky Retirement Systems, County Employees Retirement

System, and the Kentucky Teachers' Retirement System for compensation that

is contingent on the outcome of investment decisions by the retirement

systems' boards of trustees. The provisions of this paragraph shall not apply to

unregulated placement agents.
KRS § 277.310 — KY Code / Title XXIV / Chapter 277 / Section 277.310
277.310 Liability of railroads for injury or death of employees
Status: in_force

277.310 Liability of railroads for injury or death of employees.

Every common carrier by railroad, while engaged in commerce in this state, shall be

liable in damages to any person suffering injury while he is employed by the carrier in

such commerce, and in case of the death of such person shall be liable to his personal

representative, for such injury or death as resulted in whole or in part from the negligence

of any of the officers, agents or employees of the carrier, or by reason of any defect or

insufficiency, due to its negligence, in its track, roadbed, rolling stock, machinery, docks,

boats, wharves or other equipment.
KRS § 335.380 — KY Code / Title XXVI / Chapter 335 / Section 335.380
335.380 Duty of treating marriage and family therapist utilizing telehealth to ensure patient's informed consent and maintain confidentiality -- Board to promulgate administrative regulations -- Definition of "telehealth"
Status: in_force

335.380 Duty of treating marriage and family therapist utilizing telehealth to

ensure patient's informed consent and maintain confidentiality -- Board to

promulgate administrative regulations -- Definition of "telehealth".

(1) A treating marriage and family therapist who provides or facilitates the use of

telehealth shall ensure:

(a) That the informed consent of the patient, or another appropriate person with

authority to make the health care treatment decision for the patient, is obtained

before services are provided through telehealth; and

(b) That the confidentiality of the patient's medical information is maintained as

required by this chapter and other applicable law. At a minimum,

confidentiality shall be maintained through appropriate processes, practices,

and technology as designated by the board and that conform to applicable

federal law.

(2) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section and as necessary to:

(a) Prevent abuse and fraud through the use of telehealth services;

(b) Prevent fee-splitting through the use of telehealth services; and

(c) Utilize telehealth in the provision of marriage and family therapy services and

in the provision of continuing education.

(3) For purposes of this section, "telehealth" means the use of interactive audio, video,

or other electronic media to deliver health care. It includes the use of electronic

media for diagnosis, consultation, treatment, transfer of health or medical data, and

continuing education.
KRS § 381.226 — KY Code / Title XXXII / Chapter 381 / Section 381.226
381.226 Applicability of KRS 381.224 and 381.225 to property interests and powers of appointment -- Construction of provisions requiring vesting within period provided by common law rule against perpetuities
Status: in_force

381.226 Applicability of KRS 381.224 and 381.225 to property interests and powers

of appointment -- Construction of provisions requiring vesting within period

provided by common law rule against perpetuities.

(1) Except as provided in subsection (2) of this section, KRS 381.224 and 381.225 shall

apply to:

(a) A future property interest or a power of appointment that is created on or after

July 15, 2010, including a property interest or power of appointment created

pursuant to the exercise of a power of appointment under an instrument

executed prior to July 15, 2010; or

(b) A future property interest or a power of appointment:

1. That is created pursuant to the laws of any state that does not have a rule

against perpetuities in force;

2. That is not covered by any previously existing rule against perpetuities;

and

3. To which, after July 15, 2010, the laws of this state are made applicable

by transfer of the situs of a trust to Kentucky, by a change in the law

governing a trust instrument to Kentucky law, or otherwise.

(2) With respect to a nonvested property interest or a power of appointment created

either before or after July 15, 2010, which is determined in a judicial proceeding

commenced on or after July 15, 2010, to violate Kentucky's rule against perpetuities

as that rule existed at the time the interest or power was created, a court upon the

petition of an interested person may reform the disposition in the manner that most

closely approximates the transferor's manifested plan of disposition and is within

the limits of the rule against perpetuities applicable when the nonvested property

interest or power of appointment was created.

(3) For purposes of this section only, a future property interest or a power of

appointment is created when the power is irrevocably exercised or when a revocable

exercise becomes irrevocable.

(4) An instrument which contains a provision requiring the vesting of all interests

created by the instrument within the period provided by the common law rule

against perpetuities shall be construed as requiring the interests to vest within the

period specified by this section and KRS 381.224 and 381.225, unless the provision

is determined by a court to have been included in the instrument for reasons other

than protecting the interest against a violation of the common law rule against

perpetuities. For purposes of this subsection, the term "common law rule against

perpetuities" shall include KRS 381.215, 381.216, and 381.217 prior to their repeal

on July 15, 2010. This subsection does not apply to any interest in property created

by the exercise of the special power of appointment granted by an instrument that

was irrevocable on September 25, 1985.
KRS § 205.635 — KY Code / Title XVII / Chapter 205 / Section 205.635
205.635 Skilled nursing services provided to Medicaid recipients by adult day health care programs
Status: in_force

205.635 Skilled nursing services provided to Medicaid recipients by adult day

health care programs.

An adult day health care program shall be required to provide skilled nursing services to

Medicaid recipients only during the posted hours of operation.
KRS § 277.190 — KY Code / Title XXIV / Chapter 277 / Section 277.190
277.190 Bell to be rung or whistle sounded at crossings -- Local government regulation of sounding train whistles at night
Status: in_force

277.190 Bell to be rung or whistle sounded at crossings -- Local government

regulation of sounding train whistles at night.

(1) Every railroad company shall provide each locomotive engine running over any of

its lines with a bell of ordinary size and a whistle. The bell shall be rung or the

whistle sounded at a distance of at least fifty (50) rods from the place where the

track crosses upon the same level any highway or crossing where a signboard is

required to be maintained. The bell shall be rung or the whistle sounded

continuously or alternately until the engine has reached the highway or crossing

except as provided in subsection (2) of this section.

(2) A city, county, urban-county, or charter county government may regulate the

sounding of train whistles at night if the city, county, urban-county, or charter

county government enacts an ordinance adopting the provisions of Emergency

Order Number 15, Notice Number 4, issued by the Federal Railroad Administration

on August 31, 1993. If the Federal Railroad Administration updates the

requirements of Emergency Order 15, a city, county, urban-county, or charter

county government that has adopted the provisions of Emergency Order 15 shall by

ordinance adopt the most recent federal requirements governing the sounding of

train whistles.
KRS § 175.525 — KY Code / Title XV / Chapter 175 / Section 175.525
175.525 Toll-road identification card -- Exemptions from tolls
Status: in_force

175.525 Toll-road identification card -- Exemptions from tolls.

(1) The authority or the cabinet shall establish by administrative regulation promulgated

pursuant to KRS Chapter 13A a toll-road identification card to be provided to

paying and nonpaying users of toll facilities. The toll-road identification cards shall

be issued through an application process. A fee that shall not exceed five dollars

($5) may be established for the issuance of each card.

(2) Upon application, nonpaying accounts shall be established for:

(a) State police, local police, and fire department vehicles while the vehicles are

being operated in an official capacity on a turnpike project;

(b) Emergency vehicles operated by an ambulance service while the vehicles are

being operated in an official capacity, in both emergency and nonemergency

situations on a turnpike project;

(c) Funeral processions on turnpike projects; and

(d) School district vehicles while the vehicles are being operated in an official

capacity on turnpike projects.

(3) To receive the exemption contained in subsection (2) of this section, an ambulance

service shall be licensed by the Cabinet for Health and Family Services.
KRS § 194A.562 — KY Code / Title XVII / Chapter 194A / Section 194A.562
194A.562 Risk assessments on local offices of Division of Service Regions -- Remediation where staff safety inadequate
Status: in_force

194A.562 Risk assessments on local offices of Division of Service Regions --

Remediation where staff safety inadequate.

The cabinet shall conduct risk assessments on all local offices of the Division of Service

Regions of the Department for Community Based Services and remediate the office

environments that do not provide adequate safety and protection for cabinet staff to the

extent possible with consideration of office space lease arrangements and availability of

funding for office renovations.
KRS § 452.230 — KY Code / Title XLII / Chapter 452 / Section 452.230
452.230 Removal from county in state of lawlessness
Status: in_force

452.230 Removal from county in state of lawlessness.

(1) Whenever any Circuit Judge is satisfied from his own knowledge and from the

written statement of the Commonwealth's attorney of that judicial circuit that such a

state of lawlessness exists in any county of his judicial circuit or that such a high

state of excitement or feeling of prejudice exists therein against the defendant that

there is apparent danger of mob violence in which loss of life or destruction of

property may occur unlawfully, and that a trial in the county cannot be fairly and

impartially had, or that the officers of the court may be prevented from discharging

their duty or the jurors intimidated or deterred from fairly and impartially rendering

a verdict in the case, he may order the action removed to some other county in

which a fair trial can be had. The fiscal court of the county from which the removal

is made shall pay out of the county treasury the costs of the removal.

(2) A change of venue also may be had on motion of the defendant when the facts exist

as set out in subsection (1). The motion may be made by counsel, and the presence

of the defendant in court shall be deemed to be waived upon the filing of the written

statement of his counsel as set forth in subsection (1) and the affidavit of the

defendant, which affidavit shall state that the defendant is in danger of mob

violence in the county and for that reason desires a change of venue to some other

county, and that he thereby waives his presence on the hearing of the motion for a

change of venue.
KRS § 329A.020 — KY Code / Title XXVI / Chapter 329A / Section 329A.020
329A.020 Kentucky Board of Licensure for Private Investigators -- Members -- Appointment -- Vacancies -- Reimbursement -- Meetings -- Removal of members -- Liability insurance
Status: in_force

329A.020 Kentucky Board of Licensure for Private Investigators -- Members --

Appointment -- Vacancies -- Reimbursement -- Meetings -- Removal of

members -- Liability insurance.

(1) The Kentucky Board of Licensure for Private Investigators is hereby created.

(2) The board shall consist of seven (7) members appointed by the Governor.

(a) One (1) member shall be an attorney from the Office of the Attorney General

to be designated by the Attorney General;

(b) One (1) member shall be a municipal police officer of the rank of captain or

above;

(c) One (1) member shall be a county sheriff;

(d) Three (3) members shall each have been private investigators for at least five

(5) years prior to the date of their appointment and shall be of recognized

business standing; and

(e) One (1) member shall be a citizen at large who is not associated with or

financially interested in the practice of private investigating.

(3) All members shall be residents of this state and possess good moral character.

(4) The original members of the board shall be appointed by no later than January 1,

2003, as follows:

(a) One (1) member to a one (1) year term;

(b) Two (2) members to a two (2) year term;

(c) Two (2) members to a three (3) year term; and

(d) Two (2) members to a four (4) year term.

(5) After the initial appointments to the board, all members shall serve a two (2) year

term.

(6) Any vacancy occurring on the board shall be filled by the Governor.

(7) No member may serve more than two (2) full consecutive terms.

(8) No member shall continue to serve if the member no longer meets the qualifications

required under subsections (2) and (3) of this section.

(9) The three (3) board members who are private investigators and the member at large

shall receive the sum of one hundred dollars ($100) per day for each day the board

meets. All members shall receive reimbursement for actual and necessary expenses

incurred in the performance of their official duties.

(10) The board shall annually elect a chairman, a vice chairman, and a secretary-treasurer

from the membership of the board.

(11) The board shall hold at least two (2) meetings annually and additional meetings as

the board may deem necessary. Additional meetings may be held upon call of the

chairman or upon written request of a quorum. Four (4) members of the board shall

constitute a quorum to conduct business.

(12) Upon recommendation of the board, the Governor may remove any member of the

board for neglect of duty or malfeasance in office.

(13) The board may purchase professional liability insurance for the board members and

agents and staff of the board.
KRS § 325.312 — KY Code / Title XXVI / Chapter 325 / Section 325.312
325.312 Designation as public accountant emeritus
Status: in_force

325.312 Designation as public accountant emeritus.

Persons registered with the board as "public accountants" by July 1, 1946, shall receive

the designation of "Public Accountant Emeritus" and shall be exempt from the payment

of licensing fees and the reporting of continuing education hours. No persons shall

assume or use the title or designation "Public Accountant Emeritus" unless designated by

the board under this section.
KRS § 299.350 — KY Code / Title XXV / Chapter 299 / Section 299.350
299.350 Annual meeting -- Votes -- Bylaws -- Books
Status: in_force

299.350 Annual meeting -- Votes -- Bylaws -- Books.

(1) The regular meeting of the company shall be held as prescribed in the bylaws, and if

not otherwise provided for shall be held on the second Tuesday of January each

year. At this meeting each person insured shall have one (1) vote, and those having

two thousand dollars ($2,000) insurance two (2) votes, and an additional vote for

each additional one thousand dollars ($1,000) insurance, or each policyholder shall

be entitled to only one (1) vote where the bylaws so provide. Voting may be by

proxy under the rules and regulations prescribed by bylaws, unless prohibited by the

bylaws.

(2) Every company may make and enforce bylaws not inconsistent with the laws of this

state or of the United States, by a two-thirds (2/3) vote of the directors at any

meeting. Any amendment may be made to the bylaws if presented to the president

thirty (30) days before any meeting.

(3) The directors shall procure proper books in which the secretary shall keep a record

of all transactions of the company and of the board of directors. The books shall

show at all times the condition, affairs and business of the company, and shall be

open for the inspection of members of the company on any day from 9 a.m. until 4

p.m., Sundays and legal holidays excepted.