FrankGoortani/open-us-law huggingface dataset:
KRS § 242.021 — KY Code / Title XX / Chapter 242 / Section 242.021
242.021 Restriction on frequency of request to increase quota retail licenses -- Publication of notice of request -- Contents of request -- Burden on requestor to show that increase is necessary
Status: in_force

242.021 Restriction on frequency of request to increase quota retail licenses --

Publication of notice of request -- Contents of request -- Burden on requestor

to show that increase is necessary.

(1) A city, including a city located in a wet or dry county, county, or urban-county

government authorized by this section shall not file a request with the board seeking

to increase the number of quota retail package licenses for the city, county, or

urban-county government unless at least one (1) year has passed since the

certification of the local option election approving alcohol sales that resulted in the

establishment of the quota retail package license number that the city, county, or

urban-county government seeks to have increased.

(2) Prior to making its request, the city, county, or urban-county government shall

publish a notice in the newspaper used for its legal notices, advising the general

public of the city's, county's, or urban-county government's intent to request

additional licenses from the board.

(3) The request to the board for a quota increase shall include:

(a) A certified copy of the governing body's resolution approving the request;

(b) A certified copy of the notice referenced in subsection (2) of this section; and

(c) An explanation as to the reason the city, county, or urban-county government

meets the criteria established in KRS 241.069 for a quota increase.

(4) The city, county, or urban-county government shall bear the burden of showing an

increase is necessary.

(5) A city, county, or urban-county government shall not petition the board for an

increase more than once every three (3) years.
KRS § 387.560 — KY Code / Title XXXIII / Chapter 387 / Section 387.560
387.560 Appointment of counsel for respondent -- Compensation -- Duty of county attorney
Status: in_force

387.560 Appointment of counsel for respondent -- Compensation -- Duty of county

attorney.

(1) Unless an appearance has been entered on behalf of the respondent, the court shall

appoint counsel for the respondent within one (1) week of the filing of a petition for

determination of disability under KRS 387.500 to 387.770.

(2) Appointed counsel shall be entitled to compensation for services. If counsel is

appointed for a poor person as defined in KRS 453.190, the court shall prescribe

reasonable compensation to be paid by the county in which the proceeding is held in

accordance with the complexity of the issues, the time involved, and other relevant

considerations, except that appointed counsel shall not be compensated at a rate

higher than sixty dollars ($60) an hour for time spent in court and no higher than

forty dollars ($40) an hour for time spent out of court. If the petition is found to be

frivolous or not brought in good faith, counsel fees shall be charged to the

petitioner.

(3) In all proceedings under KRS 387.500 to 387.770, it shall be the duty of the county

attorney to assist the petitioner, to represent the interest of the Commonwealth, and

to assist the court in its inquiry by the presentation of evidence.
KRS § 395.012 — KY Code / Title XXXIV / Chapter 395 / Section 395.012
395.012 Right to file demand for notice of action regarding estate
Status: in_force

395.012 Right to file demand for notice of action regarding estate.

(1) Any person having a financial or property interest in a decedent's estate may file a

demand for notice with the court at any time after the death of the decedent, stating

the name of the decedent, the nature of the demandant's interest in the estate, and

his address or that of his attorney.

(2) If a personal representative has been appointed at the time of filing of the demand,

the court shall advise the demandant of the appointment and transmit a copy of each

order entered, regarding the estate to the demandant.

(3) After the filing of a demand, no order or filing to which the demand relates shall be

entered until the person seeking such order certifies as provided in the Rules of

Civil Procedure that the demandant or his attorney has been given written notice.

The requirement for notice arising from a demand under this provision may be

waived in writing by the demandant and in any event shall cease upon the

termination of his interest in the estate.
KRS § 14.312 — KY Code / Title III / Chapter 14 / Section 14.312
14.312 Program participants to vote by mail-in absentee ballot -- Modification of county clerk's system to safeguard confidentiality of participant's voting records -- No waiver or modification of legal qualifications to vote
Status: in_force

14.312 Program participants to vote by mail-in absentee ballot -- Modification of

county clerk's system to safeguard confidentiality of participant's voting

records -- No waiver or modification of legal qualifications to vote.

(1) A program participant who is otherwise qualified to vote may register to vote and

apply for and submit a mail-in absentee ballot under this section.

(2) Using the authority granted under KRS 14.318(1), the State Board of Elections shall

design a system allowing a county clerk to shield from public view all voting

records of a program participant, including the name and address of a program

participant, and allowing a program participant to vote by mail-in absentee ballot.

This authority may be used to modify statutory or regulatory requirements that

would lead to disclosure of the program participant's name and address, but shall

not include authority to waive or modify any other requirements relative to the

program participant's qualifications to vote, including age and geographic residency.

(3) The program participant may receive mail-in absentee ballots for all elections in the

jurisdiction in which that individual resides in the same manner as a person

requesting an absentee ballot under KRS 117.085(1)(a). The county clerk shall

transmit a mail-in absentee ballot to the program participant at the address

designated by the participant in his or her application.

(4) Neither the name nor the address of a program participant shall be included in any

list of registered voters available to the public, including any list inspected under

KRS 116.095.
KRS § 393A.240 — KY Code / Title XXXIV / Chapter 393A / Section 393A.240
393A.240 When report to be filed
Status: in_force

393A.240 When report to be filed.

(1) Except as otherwise provided in subsection (2) of this section, and subject to

subsection (3) of this section, the report under KRS 393A.220 shall be filed before

November 1 of each year and cover the twelve (12) months preceding July 1 of that

year.

(2) Subject to subsection (3) of this section, the report under KRS 393A.220 to be filed

by an insurance company shall be filed before May 1 of each year for the

immediately preceding calendar year.

(3) Before the date for filing the report under KRS 393A.220, the holder of property

presumed abandoned may request the administrator extend the time for filing. The

administrator may grant an extension. If the extension is granted, the holder may

pay or make a partial payment of the amount the holder estimates ultimately will be

due. The payment or partial payment terminates accrual of interest on the amount

paid.
KRS § 173.795 — KY Code / Title XIV / Chapter 173 / Section 173.795
173.795 Annexation of counties to district
Status: in_force

173.795 Annexation of counties to district.

Counties outside of any existing district, and contiguous thereto, may be annexed to the

district in the following manner:

(1) Upon filing with the fiscal court of a duly certified petition of fifty-one percent

(51%) of the duly qualified voters voting at the last general election, the fiscal court

of each county in the district and each county proposed to be annexed shall adopt a

resolution annexing the territory to the district. A certified copy of the order of the

fiscal court shall be filed with the county clerk within the next thirty (30) days.

(2) The petition shall be in substantially the following form: "The following duly

qualified voters of (insert name of county or counties) petition their respective fiscal

courts to annex the following described territory (here describe the territory) to the

(name district) public library district with the authority to levy an ad valorem tax of

(state exact amount) on each one hundred dollars ($100) worth of property subject

to local taxation in the above stated territory."
KRS § 100.405 — KY Code / Title IX / Chapter 100 / Section 100.405
100.405 Enforcement of binding elements classified as civil offenses -- Exception to powers of classification
Status: in_force

100.405 Enforcement of binding elements classified as civil offenses -- Exception to

powers of classification.

(1) The planning commission in counties containing a consolidated local government

may issue remedial orders and impose civil fines as a method of enforcing a binding

element when a violation of that binding element has been classified as a civil

offense in accordance with this section.

(2) Subject to the limitations set forth in subsections (1) and (3) of this section, if a

local government elects to enforce a binding element as a civil offense, it shall do so

by ordinance, which shall provide:

(a) That a violation of the binding element is a civil offense; and

(b) A maximum civil fine that may be imposed for each violation of a binding

element.

(3) No local government shall classify the violation of a binding element as a civil

offense if the violation would also constitute an offense under any provision of the

Kentucky Revised Statutes, including specifically and without limitation any

provision of the Kentucky Penal Code and any moving motor vehicle offense.
KRS § 67.0841 — KY Code / Title IX / Chapter 67 / Section 67.0841
67.0841 Effect of repeal of statute granting permissive power to counties
Status: in_force

67.0841 Effect of repeal of statute granting permissive power to counties.

The repeal of any statute granting permissive power or authority to counties shall not be

construed to limit any power or authority which may be exercised by a fiscal court

pursuant to KRS 67.083.
KRS § 394.030 — KY Code / Title XXXIV / Chapter 394 / Section 394.030
394.030 Minor can make will, when
Status: in_force

394.030 Minor can make will, when.

No person under eighteen (18) years of age can make any will, except in pursuance of a

power specially given to that effect, and except also, that a parent, though under eighteen

(18) years of age, may by will appoint a guardian for his child.
KRS § 217B.555 — KY Code / Title XVIII / Chapter 217B / Section 217B.555
217B.555 Pesticide storage restrictions -- Restricted use pesticides
Status: in_force

217B.555 Pesticide storage restrictions -- Restricted use pesticides.

(1) No person shall discard or store any pesticide or pesticide containers in a manner as

to cause injury to humans, vegetation, crops, livestock, wildlife, pollinating insects

or to pollute any waterway in a way harmful to any wildlife therein.

(2) No person shall purchase, use, or supervise the use of, a restricted use pesticide

unless that person be licensed in a category which permits that purchase, use, or

supervision of use.
KRS § 147A.031 — KY Code / Title XII / Chapter 147A / Section 147A.031
147A.031 Procedures for solid waste management conflict resolution
Status: in_force

147A.031 Procedures for solid waste management conflict resolution.

(1) The Department for Local Government, in cooperation with cities, counties,

waste management districts, waste industries, and the Energy and

Environment Cabinet shall develop procedures designed to resolve conflicts

resulting from municipal solid waste management facility siting and operation.

The procedures shall address:

(a) Resolution of conflicts associated with multijurisdictional municipal solid

waste management facilities, including the use of such techniques as

negotiation, mediation, or arbitration to address issues, including but not

limited to host community compensation and collection and disposal fees;

and

(b) Resolution of issues, except those relating to permit conditions imposed

by the cabinet, resulting from municipal solid waste management facility

siting and operation, including the use of such techniques as negotiation,

mediation, or arbitration to address concerns of those persons and

landowners who are directly affected by the facility's location and

operation. Issues which may be addressed include but are not limited to

the following:

1. Operational issues, such as hours of operation;

2. Recycling and composting efforts that may be implemented;

3. Protection of property values;

4. Traffic routing and road maintenance; and

5. Establishment of local advisory committees.

(2) The Department for Local Government shall adopt administrative regulations to

implement the provisions of subsection (1) of this section.

(3) Nothing in this section shall be construed to abridge any rights or remedies

provided by KRS Chapters 109 and 224, or at common law.
KRS § 309.1315 — KY Code / Title XXVI / Chapter 309 / Section 309.1315
309.1315 Duties of board
Status: in_force

309.1315 Duties of board.

The board shall:

(1) Promulgate administrative regulations necessary to carry out the provisions of KRS

309.130 to 309.1399;

(2) Select the examinations for licensure and administer the examinations at least

annually;

(3) Establish the application deadline for and score required to pass the examinations;

(4) Process applications and conduct and review the required examinations;

(5) Issue licenses to applicants who meet the requirements of KRS 309.133 to 309.137;

(6) Deny, suspend, or revoke a license to practice art therapy;

(7) Censure, reprimand, or place a license holder or applicant on probation for a period

not to exceed one (1) year;

(8) Maintain a current register of license holders as a matter of public record;

(9) Establish criteria for continuing education;

(10) Establish procedures for receiving, investigating, and resolving complaints against

license holders;

(11) Conduct administrative hearings in accordance with KRS Chapter 13B for

disciplinary actions taken under authority of subsections (6) and (7) of this section;

(12) Approve the level of supervision and experience required for persons seeking

licensure;

(13) Assess fees for the issuance and renewal of licenses to cover administrative and

operating expenses of the board, and authorize all disbursements necessary to carry

out the provisions of KRS 309.130 to 309.1399;

(14) Implement an impaired professional art therapist treatment program;

(15) Establish a code of ethics for license holders;

(16) Establish requirements for supervision and qualifications of supervisors; and

(17) Establish conditions for inactive status and return to active status for license

holders.
KRS § 403A.105 — KY Code / Title XXXV / Chapter 403A / Section 403A.105
403A.105 Notification required of deploying parent
Status: in_force

403A.105 Notification required of deploying parent.

(1) Except as otherwise provided in subsection (4) of this section, and subject to

subsection (3) of this section, a deploying parent shall notify in a record the other

parent of a pending deployment not later than seven (7) days after receiving notice

of deployment unless reasonably prevented from doing so by the circumstances of

service. If the circumstances of service prevent giving notification within the seven

(7) days, the deploying parent shall give the notification as soon as reasonably

possible.

(2) Except as otherwise provided in subsection (4) of this section, and subject to

subsection (3) of this section, each parent shall provide in a record the other parent

with a plan for fulfilling that parent's share of custodial responsibility during

deployment. Each parent shall provide the plan as soon as reasonably possible after

notification of deployment is given under subsection (1) of this section.

(3) If a court order currently in effect prohibits disclosure of the address or contact

information of the other parent, notification of deployment under subsection (1) of

this section, or notification of a plan for custodial responsibility during deployment

under subsection (2) of this section, may be made only to the issuing court. If the

address of the other parent is available to the issuing court, the court shall forward

the notification to the other parent. The court shall keep confidential the address or

contact information of the other parent.

(4) Notification in a record under subsection (1) or (2) of this section is not required if

the parents are living in the same residence and both parents have actual notice of

the deployment or plan.

(5) In a proceeding regarding custodial responsibility, a court may consider the

reasonableness of a parent's efforts to comply with this section.
KRS § 186.181 — KY Code / Title XVI / Chapter 186 / Section 186.181
186.181 Seizure of canceled plates by Department of Kentucky State Police
Status: in_force

186.181 Seizure of canceled plates by Department of Kentucky State Police.

The secretary of the Transportation Cabinet shall, upon receipt of a report from the

Transportation Cabinet or the Department of Vehicle Regulation of a canceled motor

vehicle registration plate, cause all members of the Department of Kentucky State Police

and such peace officers as he or she may deem necessary, to be notified of the

cancellation. It shall be the duty of all members of the Department of Kentucky State

Police and of all peace officers to seize any registration plate bearing a canceled number

and to report such seizure to the appropriate department.
KRS § 18A.2287 — KY Code / Title III / Chapter 18A / Section 18A.2287
18A.2287 Availability of state health insurance plan coverage for certain former legislators
Status: in_force

18A.2287 Availability of state health insurance plan coverage for certain former

legislators.

A member of the Legislators' Retirement Plan who leaves the General Assembly after

completing twelve (12) or more years service in the General Assembly and who has not

received any benefits under the Legislators' Retirement Plan may elect to be covered

under the state health insurance plan for state employees provided under this chapter if

the member pays the premium.
KRS § 383.500 — KY Code / Title XXXII / Chapter 383 / Section 383.500
383.500 Local governments authorized to adopt provisions of the Uniform Residential Landlord and Tenant Act in their entirety and without amendment
Status: in_force

383.500 Local governments authorized to adopt provisions of the Uniform

Residential Landlord and Tenant Act in their entirety and without

amendment.

The General Assembly hereby authorizes cities, counties and urban-county governments

to enact the provisions of the Uniform Residential Landlord and Tenant Act as set forth in

KRS 383.505 to 383.705. If adopted, these provisions shall be adopted in their entirety

and without amendment. No other ordinance shall be enacted by a city, county or urban-

county government which relates to the subjects embraced in KRS 383.505 to 383.705.
KRS § 173.510 — KY Code / Title XIV / Chapter 173 / Section 173.510
173.510 Expenses -- Employment of relatives -- Conflict of interest
Status: in_force

173.510 Expenses -- Employment of relatives -- Conflict of interest.

The members of the board shall not receive compensation for their services, but may be

reimbursed for their actual expenses necessarily incurred in the performance of their

duties, upon vouchers duly approved by the board, signed by the secretary and

countersigned by the president. No board shall newly employ as a member of its library

staff any member of the board or any person related closer than a second cousin to any

member of the board. No person is eligible to this office who is directly or indirectly

interested in the sale to the library of books, magazines, supplies, equipment, materials,

insurance, or services for which library funds are expended.
KRS § 446.060 — KY Code / Title XLI / Chapter 446 / Section 446.060
446.060 Writings -- Signature must be at end -- To be in English
Status: in_force

446.060 Writings -- Signature must be at end -- To be in English.

(1) When the law requires any writing to be signed by a party thereto, it shall not be

deemed to be signed unless the signature is subscribed at the end or close of the

writing.

(2) Every writing contemplated by the laws of this state shall be in the English

language.
KRS § 211.852 — KY Code / Title XVIII / Chapter 211 / Section 211.852
211.852 Prerequisites to approval of nuclear waste disposal facility -- Procedure -- Exception
Status: in_force

211.852 Prerequisites to approval of nuclear waste disposal facility -- Procedure --

Exception.

(1) The location of a nuclear waste disposal facility in the Commonwealth of Kentucky

shall require prior approval by a majority of the members of the Kentucky House of

Representatives, a majority of the members of the Kentucky Senate, and the

approval of the Governor of Kentucky.

(2) Before an application to locate a nuclear waste disposal facility in Kentucky can be

submitted for approval to the Kentucky General Assembly, it must first receive the

approval of the secretary of the Cabinet for Health and Family Services and the

secretary of the Energy and Environment Cabinet. It shall be the responsibility of

the Cabinet for Health and Family Services and the Energy and Environment

Cabinet to ensure that a comprehensive environmental impact statement is

submitted and that public hearings are held in the county in which it is proposed to

locate a nuclear waste disposal facility.

(3) This section shall not apply to nuclear waste disposal facilities in existence prior to

June 17, 1978.
KRS § 452.453 — KY Code / Title XLII / Chapter 452 / Section 452.453
452.453 Where action against tobacco growers and warehousemen must be brought
Status: in_force

452.453 Where action against tobacco growers and warehousemen must be

brought.

(1) Venue in a civil action against a tobacco grower for damages alleged as a result of

use or consumption of tobacco products that may have been grown by that tobacco

grower shall lie only in the county of residence of the tobacco grower.

(2) Venue in a civil action against a warehouseman for damages alleged as a result of

use or consumption of tobacco products that may have been sold by that

warehouseman shall lie only in the county in which the tobacco warehouse is

located.
KRS § 217B.580 — KY Code / Title XVIII / Chapter 217B / Section 217B.580
217B.580 Disposition of fees collected by the department
Status: in_force

217B.580 Disposition of fees collected by the department.

All fees collected by the department for licensing and examinations shall be deposited in

the State Treasury to the credit of a revolving fund for the use of the department in

enforcing the provisions of KRS 217B.515 to 217B.585 and for the expense of carrying

out the duties and functions of the Structural Pest Management Advisory Board.