FrankGoortani/open-us-law huggingface dataset:
KRS § 349.115 — KY Code / Title XXVIII / Chapter 349 / Section 349.115
349.115 Department of Natural Resources to adopt rules and administrative regulations after notice and hearing -- Operators to submit production information annually
Status: in_force

349.115 Department of Natural Resources to adopt rules and administrative

regulations after notice and hearing -- Operators to submit production

information annually.

(1) The department is hereby authorized to adopt all rules, administrative regulations,

and amendments to implement the provisions of this chapter. All rules,

administrative regulations, and amendments promulgated under this chapter shall be

promulgated by the department after notice and a hearing. At all hearings held to

consider any rules, administrative regulations, or amendments thereto, any

interested person shall be entitled to be heard.

(2) All hearings shall be held at a time and place as is specified by the department

according to rules and regulations promulgated under this chapter. A written record

of each hearing shall be kept; however, if not at variance with KRS 61.870 to

61.884, the keeping of a record may be waived by all parties who participate

therein. All interested persons shall be entitled to be heard at all hearings conducted

under this chapter.

(3) Operators shall submit annual production information for each coalbed methane

well on a form prescribed by the department.
KRS § 212.636 — KY Code / Title XVIII / Chapter 212 / Section 212.636
212.636 Department employees -- Compensation plan -- Merit system -- Personnel board
Status: in_force

212.636 Department employees -- Compensation plan -- Merit system -- Personnel

board.

(1) The board shall establish the compensation plan for all employees of the

department, and such compensation shall be as nearly comparable as practicable

with the compensation paid to and received by employees in comparable agencies.

(2) The employees of the department shall be employed and governed in accordance

with a merit system. The board shall provide for the recruitment, examination,

appointment, promotion, transfer, lay-off, removal, discipline, compensation, and

welfare of the department's employees by establishing a system of personnel

administration based on merit principles and scientific methods whereby the rules

and regulations of such system shall not be less stringent than those of the merit

system of the Cabinet for Health and Family Services. Such system shall include a

personnel board of five (5) members appointed by the board for two (2) year terms.

The board shall select as members of the personnel board public-spirited citizens of

recognized experience in the improvement of public administration and in the

impartial selection of efficient public personnel. The personnel board shall be

responsible for establishing rules and regulations for the purpose of governing the

administration of the personnel system. The commissioner shall function as

appointing authority in and with respect to the personnel matters of the board. The

board shall have one (1) year from July 1, 1977, to implement such a system.

(3) Notwithstanding the provisions of KRS 61.510 to 61.692 and KRS 78.510 to

78.852, on July 1, 1977, all regular full-time present and future public health

employees of the department shall be included within the provisions of the state

retirement system.

(4) When the board is qualified and organized as provided in KRS 212.626 to 212.639,

all city-county department of health employees at that time shall be transferred to

and continued in the service of the department created under KRS 212.626 to

212.639. Provided, however, that any and all of such employees who at that time are

in the classified service of the city-county department of health shall be continued in

the classified service of the department with the same status they have had in the

classified service of the city-county department of health.
KRS § 216.701 — KY Code / Title XVIII / Chapter 216 / Section 216.701
216.701 Definitions for chapter
Status: in_force

216.701 Definitions for chapter.

As used in this chapter:

(1) "Health care worker" means any person, whether licensed or unlicensed,

temporarily or permanently employed by, volunteering in, or under contract with a

health facility, who has direct contact with a patient of the health facility for

purposes of either medical care or emergency response situations potentially

involving violence;

(2) "Health facility" has the same meaning as in KRS 216B.015;

(3) "Workplace" means any property that is owned or leased by the health facility at

which the official business of the health care worker is conducted;

(4) "Workplace safety" means the process of protecting health care workers' physical

well-being from workplace violence; and

(5) "Workplace violence" means any act or threat of physical violence, harassment,

intimidation, or other threatening disruptive behavior that occurs at the workplace.
KRS § 211.995 — KY Code / Title XVIII / Chapter 211 / Section 211.995
211.995 Penalties for violation of KRS 211.972 to 211.982 -- Civil penalty -- License revocation
Status: in_force

211.995 Penalties for violation of KRS 211.972 to 211.982 -- Civil penalty -- License

revocation.

(1) Any person who shall violate or refuse to comply with any of the provisions of KRS

211.972 to 211.982 or regulations promulgated pursuant thereto shall be guilty of a

misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor

more than five hundred dollars ($500) and when such violation is of a continuing

nature, each day upon which a violation occurs shall be deemed a separate offense.

(2) In addition to any criminal penalty imposed under this section, any person who

violates or refuses to comply with any of the provisions of KRS 211.972 to 211.982

shall be subject to a civil penalty not to exceed the sum of five thousand dollars

($5,000).

(3) The secretary may, at his or her discretion, revoke any license issued pursuant to

KRS 211.972 to 211.982 upon confirmation that a licensee has committed a third or

subsequent violation of those sections.
KRS § 216B.190 — KY Code / Title XVIII / Chapter 216B / Section 216B.190
216B.190 Newborn infant -- Treatment when identity of parents is unknown -- Immunity from liability -- Anonymity of person leaving infant -- Emergency custody order -- Materials for health and medical information
Status: in_force

216B.190 Newborn infant -- Treatment when identity of parents is unknown --

Immunity from liability -- Anonymity of person leaving infant -- Emergency

custody order -- Materials for health and medical information.

(1) As used in this section:

(a) "Newborn infant" means an infant who is medically determined to be less than

thirty (30) days old.; and

(b) "Participating place of worship" has the same meaning as in KRS 405.075.

(2) Every hospital of this state that offers emergency services shall admit and provide

all necessary medical care, diagnostic tests, and medical treatment to any newborn

infant brought to the hospital when the identity of the parents is unknown. Any

person performing medical care, diagnostic testing, or medical treatment shall be

immune from criminal or civil liability for having performed the act. Nothing in this

subsection shall limit liability for negligence.

(3) Any person or parent, other than an emergency medical services provider, a police

officer, a firefighter, or a staff member at a participating place of worship acting in

the course of his or her official duties, who leaves a newborn infant at an emergency

room, or brings a newborn infant to an emergency room and expresses an intent to

leave the infant and not return, shall have the right to remain anonymous and to

leave at any time, and shall not be pursued or followed. The physician shall consider

these actions as implied consent for treatment.

(4) Upon admittance, the physician or hospital administrator shall immediately contact

the local office of the Department for Community Based Services. The Department

for Community Based Services shall immediately seek an emergency custody order

in accordance with KRS 620.350.

(5) Every emergency room shall make available materials to gather health and medical

information concerning the infant and the parents. The materials shall be offered to

the person leaving the newborn infant and it shall be clearly stated that acceptance is

completely voluntary and completion of the materials may be done anonymously.

(6) The provisions of subsection (3) of this section shall not apply when indicators of

child physical abuse or child neglect are present.
KRS § 178.110 — KY Code / Title XV / Chapter 178 / Section 178.110
178.110 Condemnation of right-of-way -- Temporary roads
Status: in_force

178.110 Condemnation of right-of-way -- Temporary roads.

(1) If the court decides to establish or alter a county road, bridge or landing, and the

compensation to be paid for the right-of-way cannot be fixed by agreement, the

right-of-way shall be condemned under the procedure set forth in the Eminent

Domain Act of Kentucky.

(2) In case of roadbeds or bridges, or a portion of them, washing or slipping away, or in

case of extreme emergency, and when in its judgment conditions warrant it, the

fiscal court may immediately open and have surveyed a road or passway to be

temporarily used while the commissioners appointed under the Eminent Domain

Act of Kentucky are acting, or while the matter is pending in the court to establish a

permanent road or passway, and the commissioners shall assess the damages of the

temporary road or use thereof. The same proceedings shall be had to recover

damages as in recovery in regard to other roads.

(3) But when such compensation is ascertained it shall be at the option of the fiscal

court to pay it or to abandon the proposed undertaking. If it decides to pay the

compensation, the fiscal court of the county shall include in its next levy an amount

sufficient therefor.

(4) Not more than two (2) acres shall be condemned for a landing.
KRS § 321.201 — KY Code / Title XXVI / Chapter 321 / Section 321.201
321.201 Special permits -- Duration
Status: in_force

321.201 Special permits -- Duration.

(1) The board may issue a special permit to practice veterinary medicine to an

unlicensed veterinarian who is a qualified applicant to become a licensed

veterinarian and who is awaiting the pending results of a board-approved national

examination or the final examination stage of an approved foreign education

equivalency program.

(2) Individuals seeking to obtain a special permit shall apply to the board for licensure

and shall be employed by and working under the direct supervision of a Kentucky-

licensed veterinarian. The application shall include a letter of recommendation and

acknowledgement of supervisory responsibilities and shall be signed by each

supervising licensed veterinarian.

(3) The special permit shall not be issued until the application has been submitted to

take the next examination given by an approved examination provider.

(4) The special permit shall expire seven (7) business days after the notice of results of

the first examination given after the permit was issued.

(5) A special permit holder may be subject to the disciplinary procedures as set forth in

KRS 321.351.

(6) If the special permit holder does not pass an examination attempt, the person may

apply for and obtain a new special permit for subsequent examination attempts. The

board shall not issue any individual person more than a total of four (4) special

permits.
KRS § 36.396 — KY Code / Title V / Chapter 36 / Section 36.396
36.396 Excused absences for secondary school students who participate in Military Burial Honor Guard Program -- Inclusion in instructional program
Status: in_force

36.396 Excused absences for secondary school students who participate in Military

Burial Honor Guard Program -- Inclusion in instructional program.

(1) Recognizing the participation of secondary school students in the Military Burial

Honor Guard Program, excused absences may be granted by local school boards to

students of secondary school JROTC programs or other students who participate in

the Military Burial Honor Guard Program. This includes time spent training,

traveling, and participating in the Military Burial Honor Guard Program.

(2) Local school boards may also adopt a policy to allow students to participate in the

Military Burial Honor Guard Program as a part of the instructional program.
KRS § 350.420 — KY Code / Title XXVIII / Chapter 350 / Section 350.420
350.420 Minimization of the disturbance to hydrologic balance
Status: in_force

350.420 Minimization of the disturbance to hydrologic balance.

The permittee, operator, or person shall minimize disturbances to the prevailing

hydrologic balance at the mine site and in associated offsite areas and to the quality and

quantity of water in surface and ground water systems both during and after surface coal

mining operations and during reclamation by:

(1) Avoiding acid or other toxic mine drainage by such measures as, but not limited to:

(a) Preventing or removing water from contact with toxic producing deposits;

(b) Treating drainage to reduce toxic content which adversely affects downstream

water upon being released to watercourses; and

(c) Casing, sealing, or otherwise managing boreholes, shafts, and wells and

keeping acid or other toxic drainage from entering ground and surface waters;

(2) Conducting surface coal mining operations so as to prevent, to the extent possible

using the best technology currently available, additional contributions of suspended

solids to streamflow, or runoff outside the permit area, but in no event shall

contributions be in excess of requirements set by applicable state or federal law;

(3) Constructing any siltation structures pursuant to subsection (2) of this section prior

to commencement of surface coal mining operations, the structures to be certified

by a qualified registered engineer to be constructed as designed and as approved in

the reclamation plan;

(4) Cleaning out and removing temporary or large settling ponds or other siltation

structures from drainways after disturbed areas are revegetated and stabilized, and

depositing the silt and debris at a site and in a manner approved by the cabinet;

however, settling ponds and siltation structures may be left and not removed if

determined to be safe and written approval is granted by the cabinet pursuant to its

regulations;

(5) Restoring recharge capacity of the mined area to approximate premining conditions;

(6) Avoiding channel deepening or enlargement in operations requiring the discharge of

water from mines; and

(7) Such other actions as the cabinet may prescribe.
KRS § 278.320 — KY Code / Title XXIV / Chapter 278 / Section 278.320
278.320 Process
Status: in_force

278.320 Process.

The commission and each of the commissioners may issue subpoenas, subpoenas duces

tecum, and all necessary process in proceedings brought before or initiated by the

commission, and such process shall extend to all parts of the state. Service of process in

all proceedings brought before or initiated by the commission may be made by certified

mail, return receipt requested or by registered mail, or in the same manner as other

process in civil cases, as the commission directs.
KRS § 140.160 — KY Code / Title XI / Chapter 140 / Section 140.160
140.160 Supervision of collection of taxes by Department of Revenue -- Limitation on actions to collect taxes
Status: in_force

140.160 Supervision of collection of taxes by Department of Revenue -- Limitation

on actions to collect taxes.

(1) The Department of Revenue shall have full supervision of the collection of all taxes

due under the provisions of this chapter, including the power to institute suit in this

and other states. It may employ attorneys and other persons necessary to carry out

the full intent and purpose of this chapter. The department shall furnish, upon

application, blank forms covering information as may be necessary to determine the

amount of tax due the state on the transfer of all property subject to tax.

(2) The department may cause personal representatives or beneficiaries to file all

statements required by this chapter with the clerks of the proper courts and with the

department, and may require them to furnish any additional information deemed

necessary to support the computation of the amount of tax that should be paid by the

estate. The personal representative, or the beneficiaries in the absence of a personal

representative, shall compute the taxes imposed by this chapter on the tax return

provided by the department when:

(a) 1. A United States estate tax return is required to be filed under federal law

and applicable regulations; and

2. The estate includes property over which Kentucky has jurisdiction for

purposes of the taxes imposed by this chapter; or

(b) Any assets from the estate subject to the taxes imposed by this chapter pass to

a beneficiary taxable under KRS 140.070.

The tax return, when required, shall be filed with the department within eighteen

(18) months after the death of the decedent or at the time payment of the tax is made

pursuant to KRS 140.210.

(3) Except as herein provided, no action to enforce the collection of the tax imposed by

this chapter shall be commenced more than ten (10) years after the cause of action

first accrued. In case the settlement of an estate is delayed because of litigation or

other unavoidable cause, the delay shall suspend the limitation, prescribed by this

subsection, until the cause of delay is removed. In the case of a fraudulent return or

any other fraudulent representation affecting the amount of or the liability for the

tax imposed by this chapter notwithstanding any provision of limitation provided

elsewhere, the tax due by reason thereof may at any time be assessed and collected

by the methods set out in this chapter, including action in a court of competent

jurisdiction.
KRS § 36.470 — KY Code / Title V / Chapter 36 / Section 36.470
36.470 Military family assistance trust fund
Status: in_force

36.470 Military family assistance trust fund.

(1) The military family assistance trust fund is created as a separate revolving fund. The

trust fund shall consist of grants, contributions, appropriations, or other moneys

made available for the purpose of the trust fund.

(2) Trust fund amounts not expended at the close of a fiscal year shall not lapse but

shall be carried forward to the next fiscal year.

(3) Any interest earnings of the trust fund shall become a part of the trust fund and shall

not lapse.
KRS § 230.3773 — KY Code / Title XIX / Chapter 230 / Section 230.3773
230.3773 Interstate common wagering pools
Status: in_force

230.3773 Interstate common wagering pools.

(1) As used in this section, "interstate common wagering pool" means a pari-mutuel

pool established in one (1) horse racing jurisdiction that is combined with

comparable pari-mutuel pools from at least one (1) horse racing jurisdiction for the

purpose of establishing payoff prices in the various jurisdictions.

(2) Interstate wagers at a receiving track may form an interstate common wagering pool

with wagers at a track in another jurisdiction, and the receiving track may adopt the

commission and breakage rates of the track at which the race is being run. The

corporation may also approve types of wagering, distribution of winnings, and rules

of racing for interstate common wagering pools that are different from those that

normally apply in Kentucky.

(3) Wagers placed on any races run at track in Kentucky may be combined with wagers

placed at tracks in other jurisdictions to form an interstate common wagering pool

located either within or outside Kentucky.

(4) A track's participation in an interstate common wagering pool does not cause that

track to be considered to be doing business in any jurisdiction other than the

jurisdiction where the track is physically located. Excise taxes and commission

rates may not be imposed on any interstate common wagering pool other than on

amounts actually wagered in Kentucky. The combination of pari-mutuel pools as

provided in this section constitutes the communication of wagering information for

purposes of calculating odds and payoffs only and does not constitute the transfer of

wagers in interstate commerce.
KRS § 262.918 — KY Code / Title XXI / Chapter 262 / Section 262.918
262.918 Legal action by grantor for termination of easement
Status: in_force

262.918 Legal action by grantor for termination of easement.

(1) (a) A grantor may terminate an easement, in whole or in part, only by filing an

action in the Franklin Circuit Court, and demonstrating by clear and

convincing evidence that conditions on or surrounding the land subject to an

agricultural conservation easement have changed so much that agriculture is

no longer viable and it has become impossible to fulfill any of the easement's

conservation purposes. The grantor shall name the PACE Corporation as the

defendant in the action.

(b) In the event that a finding is made by the court that a portion of the land

subject to the agricultural conservation easement is no longer suitable for

agricultural purposes, the owner shall, at the owner's expense, provide a

survey of the land area on which the agricultural conservation easement is to

be terminated.

(2) (a) No agricultural conservation easement or portion thereof which has been

purchased with Commonwealth funds shall be terminated by the court except

upon payment by the grantor to the PACE Corporation of its then fair value.

The value of the easement shall be established by one of the following two

methods, as determined by the court:

1. The owner shall pay the PACE Corporation an amount equal in current

dollars to the full cost of acquiring and monitoring the easement during

its full duration, plus reasonable interest as determined by court; or

2. The owner shall pay the PACE Corporation an amount equal to the

easement's current market value as determined by independent appraisal,

performed at the owner's expense and satisfactory to the

Commonwealth.

(b) The PACE Corporation shall place the proceeds from the termination of the

easement in the agricultural enhancement fund and use the proceeds consistent

with the purposes of KRS 262.900 to 262.920.
KRS § 98.360 — KY Code / Title IX / Chapter 98 / Section 98.360
98.360 County to own property of department -- Exception
Status: in_force

98.360 County to own property of department -- Exception.

All property used in the functions of the department shall be property of the county except

as provided in any contract or agreement executed pursuant to KRS 98.330 and 98.340.
KRS § 281A.050 — KY Code / Title XXIV / Chapter 281A / Section 281A.050
281A.050 Drivers excluded from operation of chapter
Status: in_force

281A.050 Drivers excluded from operation of chapter.

The provisions of this chapter shall not apply to:

(1) Drivers of firefighting and other emergency equipment;

(2) Drivers of commercial motor vehicles if those persons are:

(a) Military personnel; and

(b) Operating the vehicles in pursuit of a military purpose;

(3) Drivers of farm vehicles that are:

(a) Used to transport agricultural products, farm machinery, or farm supplies to or

from a farm;

(b) Not used in the operations of a common or contract motor carrier;

(c) Used within one hundred fifty (150) highway miles of the farmer's farm; and

(d) Controlled and operated by a farmer, including operation by employees or

family members; and

(4) Drivers of vehicles that:

(a) Are designed as temporary living quarters for recreational, camping, or travel

use; and

(b) Operate on their own motor power or are mounted on or drawn by another

vehicle.