FrankGoortani/open-us-law huggingface dataset:
KRS § 610.220 — KY Code / Title LI / Chapter 610 / Section 610.220
610.220 Permitted purposes for holding child in custody -- Time limitation -- Extension -- Separation from adult prisoners -- Prohibition against attaching child to stationary object
Status: in_force

610.220 Permitted purposes for holding child in custody -- Time limitation --

Extension -- Separation from adult prisoners -- Prohibition against attaching

child to stationary object.

(1) Except as otherwise provided by statute, if an officer takes or receives a child into

custody on an allegation of committing a public offense or into protective custody

on being a suspected runaway, the child may be held at a police station, secure

juvenile detention facility, youth alternative center, a nonsecure facility, or, as

necessary, in a hospital or clinic for the following purposes:

(a) Identification and booking;

(b) Attempting to notify the parents or person exercising custodial control or

supervision of the child, a relative, guardian, other responsible person, or the

cabinet;

(c) Photographing;

(d) Fingerprinting;

(e) Physical examinations, including examinations for evidence;

(f) Evidence collection, including scientific tests;

(g) Records checks;

(h) Determining whether the child is subject to trial as an adult; and

(i) Other inquiries of a preliminary nature.

(2) A child may be held in custody pursuant to this section for a period of time not to

exceed two (2) hours, unless an extension of time is granted. Permission for an

extension of time may be granted by the court, trial commissioner, or court-

designated worker pursuant to KRS 610.200(6)(d) and the child may be retained in

custody for up to an additional ten (10) hours at a facility of the type listed in

subsection (1) of this section except for an intermittent holding facility for the

period of retention.

(3) Any child held in custody pursuant to this section shall be sight and sound separated

from any adult prisoners held in secure custody at the same location, and shall not

be handcuffed to or otherwise securely attached to any stationary object.
KRS § 198B.4029 — KY Code / Title XVII / Chapter 198B / Section 198B.4029
198B.4029 Construction of KRS 198B.400 to 198B.540
Status: in_force

198B.4029 Construction of KRS 198B.400 to 198B.540.

The provisions of KRS 198B.400 to 198B.540 shall not be construed to relieve or lessen

the responsibility or liability of any person, partnership, or corporation owning, operating,

controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or

repairing any elevator, fixed guideway system, or other related mechanisms for damages

to person or property caused by any specifically related defect.
KRS § 99.290 — KY Code / Title IX / Chapter 99 / Section 99.290
99.290 Sale of real property by city to corporation
Status: in_force

99.290 Sale of real property by city to corporation.

(1) The local legislative body may by ordinance determine that real property specified

and described in such ordinance, title to which is held by the city and which was not

acquired by condemnation under the provisions of KRS 99.010 to 99.310, is needed

for the redevelopment project and may authorize the city to convey, sell, such real

property to a redevelopment corporation. Provided, however, that the title of the city

to such real property be not declared inalienable by charter of the city, or other

similar law or instrument.

(2) Notwithstanding the provisions of any general, special or local law or ordinance,

such sale may be made without appraisal, public notice or public bidding for such

price and upon such terms as may be agreed upon between the city and the

redevelopment corporation.

(3) Before such sale to a redevelopment corporation shall be authorized, a public

hearing shall be held by the local legislative body to consider the proposed sale.

Notice of such hearing shall be published pursuant to KRS Chapter 424.

(4) The deed to such real property shall be executed in the same manner as a deed by

the city of other real property owned by it and may contain such appropriate

conditions and provisions as are authorized by KRS 99.010 to 99.310 relating to

such redevelopment corporation and any conditions or provisions of deeds to the

city.

(5) A redevelopment corporation purchasing real property from a city shall not, without

the consent of the legislative body of the city, use such real property for any purpose

except in connection with the redevelopment. The deed may contain a condition

that the redevelopment corporation will devote the real property granted only for the

purposes of its development subject to the restrictions of KRS 99.010 to 99.310.
KRS § 173.350 — KY Code / Title XIV / Chapter 173 / Section 173.350
173.350 Organization of board -- Meetings -- Powers and duties
Status: in_force

173.350 Organization of board -- Meetings -- Powers and duties.

(1) The board of trustees shall constitute a corporate body with perpetual succession.

Within ten (10) days after their appointment, the appointive officer shall call a

meeting of the library board to organize by the election of such officers as they

deem necessary and meet on a regularly scheduled basis thereafter once each month.

If the appointive officer does not call a meeting, the trustees may do so on their own

initiative.

(2) They shall adopt such bylaws and policies for their own guidance and for the

government of the library as they deem expedient; have the supervision, care and

custody of all property of the library including its quarters or buildings; employ a

library director and upon that person's recommendation employ such other staff as

may be necessary, who shall be certified in accordance with KRS 171.240 to

171.300, fix the compensation of the library director and staff; adopt personnel

policies which shall include dismissal of employees; submit annually to the

legislative body a budget containing estimates in detail of the amount of money

necessary for the library for the ensuing year; allot funds for the purchase of library

materials and supplies for the library; and do all other acts necessary for the orderly

and efficient management and control of the library.

(3) They may accept such gifts of money or property for library purposes as they deem

expedient; lease or purchase land for library buildings; lease, purchase or erect an

appropriate building or buildings for library purposes and acquire such other

property and equipment as may be needed therefor; and may enter into contracts for

library service with other library boards as provided for in KRS 65.210 to 65.300

and with other units of government as provided for in KRS 173.310(4).
KRS § 387.828 — KY Code / Title XXXIII / Chapter 387 / Section 387.828
387.828 Special jurisdiction
Status: in_force

387.828 Special jurisdiction.

(1) A court of this state lacking jurisdiction under KRS 387.826 has special jurisdiction

to do any of the following:

(a) Appoint a guardian in an emergency for a term not exceeding ninety (90) days

for a respondent who is physically present in this state;

(b) Issue a protective order with respect to real or tangible personal property

located in this state; and

(c) Appoint a guardian or conservator for an incapacitated or protected person for

whom a provisional order to transfer the proceeding from another state has

been issued under procedures similar to KRS 387.840.

(2) If a petition for the appointment of a guardian in an emergency is brought in this

state and this state was not the respondent's home state on the date the petition was

filed, the court shall dismiss the proceeding at the request of the court of the home

state, if any, whether dismissal is requested before or after the emergency

appointment.
KRS § 194A.150 — KY Code / Title XVII / Chapter 194A / Section 194A.150
194A.150 State officials as voting members of citizens' councils
Status: in_force

194A.150 State officials as voting members of citizens' councils.

When federal programs require a particular citizens' council within or attached to the

cabinet to include state officials as voting members, the secretary shall, for the

specific purposes of those federal programs, be authorized to vote in those council

meetings and shall further be authorized to call upon either the secretary of the

Cabinet for Health and Family Services, the secretary of the Finance and

Administration Cabinet, the chief state school officer, the secretary of the Justice and

Public Safety Cabinet, the secretary of the Public Protection Cabinet, the secretary

of the Energy and Environment Cabinet, the secretary of the Education and Labor

Cabinet, the secretary of the Cabinet for Economic Development, the executive

director of the Council on Higher Education, or any combination of the above as may

be appropriate, to be voting members of expanded citizens' councils for the

purposes of these federal programs. The secretary shall exercise this prerogative

only when the federal programs specifically require that state officials be voting

members of the citizens' councils.
KRS § 149.020 — KY Code / Title XII / Chapter 149 / Section 149.020
149.020 Cabinet may acquire and dispose of land
Status: in_force

149.020 Cabinet may acquire and dispose of land.

(1) The Energy and Environment Cabinet may receive by donation, purchase, or lease

lands for forestry purposes, and may convey, exchange, or lease said lands and may

sell timber or other forest products thereon. In exercising this function the cabinet

shall be exempted from any provision of KRS 45.301 or 45A.045, except with

respect to the purchase, conveyance, exchange, or inventory of lands.

(2) No land shall be purchased, leased, or received as a donation unless the title thereto

is merchantable and has been approved by the Attorney General.
KRS § 403.822 — KY Code / Title XXXV / Chapter 403 / Section 403.822
403.822 Initial child custody jurisdiction
Status: in_force

403.822 Initial child custody jurisdiction.

(1) Except as otherwise provided in KRS 403.828, a court of this state shall have

jurisdiction to make an initial child custody determination only if:

(a) This state is the home state of the child on the date of the commencement of

the proceeding, or was the home state of the child within six (6) months

before the commencement of the proceeding and the child is absent from this

state but a parent or person acting as a parent continues to live in this state; or

(b) A court of another state does not have jurisdiction under paragraph (a) of this

subsection, or a court of the home state of the child has declined to exercise

jurisdiction on the ground that this state is the more appropriate forum under

KRS 403.834 or 403.836; and

1. The child and the child's parents, or the child and at least one (1) parent

or a person acting as a parent, have a significant connection with this

state other than mere physical presence; and

2. Substantial evidence is available in this state concerning the child's care,

protection, training, and personal relationships; or

(c) All courts having jurisdiction under paragraph (a) or (b) of this subsection

have declined to exercise jurisdiction on the ground that a court of this state is

the more appropriate forum to determine the custody of the child under KRS

403.834 or 403.836; or

(d) No court of any other state would have jurisdiction under the criteria specified

in paragraph (a), (b), or (c) of this subsection.

(2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child

custody determination by a court of this state.

(3) Physical presence of, or personal jurisdiction over, a party or a child is not

necessary or sufficient to make a child custody determination.
KRS § 281.752 — KY Code / Title XXIV / Chapter 281 / Section 281.752
281.752 Fees for issuing identifying plates and papers to motor carriers
Status: in_force

281.752 Fees for issuing identifying plates and papers to motor carriers.

For motor carriers and heavy equipment motor carriers as defined by KRS 138.655 and

for the purposes of tax collection, the department may charge a fee of ten dollars ($10) in

each instance for the issuance of such identifying plates, decals, cards, signs, or papers

for the identification of motor vehicles operated within the state.
KRS § 381.9183 — KY Code / Title XXXII / Chapter 381 / Section 381.9183
381.9183 Tort and contract liability
Status: in_force

381.9183 Tort and contract liability.

(1) Neither the association nor any unit owner except the declarant shall be liable for

that declarant's torts in connection with any part of the condominium which that

declarant has the responsibility to maintain.

(2) An action alleging a wrong done by the association shall be brought against the

association and not against any unit owner.

(3) If the wrong occurred during any period of declarant control and the association

gives the declarant reasonable notice of and an opportunity to defend against the

action, the declarant who then controlled the association shall be liable to the

association or to any unit owner:

(a) For all tort losses not covered by insurance suffered by the association or that

unit owner; and

(b) For all costs which the association would not have incurred but for a breach of

contract or other wrongful act or omission.

(4) Whenever the declarant is liable to the association under this section, the declarant

shall be liable for all litigation expenses, including reasonable attorneys fees,

incurred by the association.

(5) Any statute of limitation affecting the association's right of action under this section

is tolled until the period of declarant control terminates. A unit owner is not

precluded from bringing an action contemplated by this section because he or she is

a unit owner or a member or officer of the association. Liens resulting from

judgments against the association shall be governed by KRS 381.9195.
KRS § 205.593 — KY Code / Title XVII / Chapter 205 / Section 205.593
205.593 Prohibition against health insurer's considering individual's eligibility for or receipt of medical assistance in enrollment or payment of benefits -- Application of claims payment requirements to Medicaid services
Status: in_force

205.593 Prohibition against health insurer's considering individual's eligibility for

or receipt of medical assistance in enrollment or payment of benefits --

Application of claims payment requirements to Medicaid services.

(1) In enrolling an individual or making any payments for benefits to the individual or

on the individual's behalf, health insurers are prohibited from taking into account

that the individual is eligible for or is provided medical assistance.

(2) KRS 304.17A-700 to 304.17A-730 and KRS 205.593, 304.14-135, and 304.99-123

apply to any provider partnership, health maintenance organization, or other

managed care organization under contract with the Department for Medicaid

Services to manage care and process health care claims for services delivered to

Medicaid recipients covered under Medicaid managed care.
KRS § 64.430 — KY Code / Title VIII / Chapter 64 / Section 64.430
64.430 Fee-bills due and distrainable, when
Status: in_force

64.430 Fee-bills due and distrainable, when.

(1) All fees are due and payable within two (2) months after the services are rendered.

(2) The fee for the attendance of a witness may be distrained for immediately after it is

due, and shall retain its distrainable power for three (3) years, after which it shall

only be collectible as other debts of like quality.

(3) The fees of all officers shall be distrainable on and after January 1 next ensuing the

rendition of the services; and whether an officer lists the same or not, it shall retain

its distrainable force for three (3) years, after which it shall only be collectible as

other debts of like quality.

(4) When the officer rendering the services makes an affidavit on the back of the fee-

bill that the person it is against is about to leave the state with his effects, or that he

intends and is about to fraudulently sell or dispose of his effects with the intent of

hindering and delaying his creditors in the collection thereof, the officer's fees may

be distrained for immediately after the services are rendered.
KRS § 45A.465 — KY Code / Title VI / Chapter 45A / Section 45A.465
45A.465 Definitions for KRS 45A.470
Status: in_force

45A.465 Definitions for KRS 45A.470.

As used in KRS 45A.470, the words:

(1) "Other individuals with severe disabilities" means an individual or class of

individuals with a disability, other than blindness, that constitutes an obstacle to

new or continued normal employment.

(2) "Products" means programs, books, tapes, records, processes, packaging,

modification, supplies, food, clothing, materials, commodities, equipment of all

kinds, and any other article of commerce originally manufactured or assembled or

purchased for resale by a qualified nonprofit agency.

(3) "Qualified nonprofit agency for individuals with severe disabilities" means an

organization that:

(a) Is organized and operated in the interest of individuals with severe disabilities;

and

(b) Complies with any applicable occupational health and safety law of the United

States and the Commonwealth; and

(c) In the manufacture or provision of products or services listed or purchased

under KRS 45A.470, during the fiscal year employs individuals with severe

disabilities for not less than seventy-five percent (75%) of the man hours of

direct labor required for the manufacture or provision of the products or

services; and

(d) Is registered and in good standing as a nonprofit organization with the

Secretary of State.

(4) "Services" means contractual services; rental services of all kinds; professional,

technical, or artistic services; and other personal performance of work by officers,

employees, or beneficiaries of a nonprofit agency.

(5) "State agency" means those spending agencies subject to the state purchasing

requirements of this code and any regulations promulgated pursuant thereto.
KRS § 367.370 — KY Code / Title XXIX / Chapter 367 / Section 367.370
367.370 Funds recovered in legal action for state handled in accordance with KRS 48.005
Status: in_force

367.370 Funds recovered in legal action for state handled in accordance with KRS

48.005.

KRS 367.190, 367.200, 367.210, 367.220 and KRS 367.110 to 367.360 to the contrary

notwithstanding, if funds of any kind or nature whatsoever are recovered by or on behalf

of the Commonwealth in a legal action, including an ex rel. action in which the Attorney

General has entered an appearance or is a party under statutory or common law authority,

those funds recovered shall be handled in accordance with KRS 48.005.
KRS § 425.308 — KY Code / Title XXXIX / Chapter 425 / Section 425.308
425.308 Ex parte order of attachment, issuance
Status: in_force

425.308 Ex parte order of attachment, issuance.

(1) A judicial officer, except as otherwise provided by statute, may issue an ex parte

order of attachment if it appears from facts shown by affidavit that great or

irreparable injury would result to the plaintiff if issuance of the order were delayed

until the matter could be heard on notice.

(2) The plaintiff's motion shall satisfy the requirements of KRS 425.307 and in addition

shall include a showing that great or irreparable injury would result to the plaintiff if

issuance of the order were delayed until the matter could be heard on notice.
KRS § 393A.500 — KY Code / Title XXXIV / Chapter 393A / Section 393A.500
393A.500 When property subject to recovery by another state
Status: in_force

393A.500 When property subject to recovery by another state.

(1) Property held under this chapter by the administrator shall be subject to the right of

another state to take custody of the property if:

(a) The property was paid or delivered to the administrator because the records of

the holder did not reflect a last-known address in the other state of the

apparent owner and:

1. The other state establishes that the last-known address of the apparent

owner or other person entitled to the property was in the other state; or

2. Under the law of the other state, the property has become subject to a

claim by the other state of abandonment;

(b) The records of the holder did not accurately identify the owner of the property,

the last-known address of the owner was in another state, and, under the law

of the other state, the property has become subject to a claim by the other state

of abandonment;

(c) The property was subject to the custody of the administrator of this state under

KRS 393A.190 and, under the law of the state of domicile of the holder, the

property has become subject to a claim of abandonment by the state of

domicile of the holder; or

(d) The property:

1. Is a sum payable on a traveler's check, money order, or similar

instrument that was purchased in the other state and delivered to the

administrator under KRS 393A.200; and

2. Under the law of the other state, has become subject to a claim by the

other state of abandonment.

(2) A claim by another state to recover property under this section shall be presented in

a form prescribed by the administrator, unless the administrator waives presentation

of the form.

(3) The administrator shall decide a claim under this section not later than ninety (90)

days after it is presented. If the administrator determines that the other state is

entitled under subsection (1) of this section to custody of the property, the

administrator shall allow the claim and pay or deliver the property to the other state.

(4) The administrator may require another state, before recovering property under this

section, to agree to indemnify this state and its agents, officers, and employees

against any liability on a claim to the property.
KRS § 324.282 — KY Code / Title XXVI / Chapter 324 / Section 324.282
324.282 Election of chairperson -- Rules and regulations
Status: in_force

324.282 Election of chairperson -- Rules and regulations.

The commission, immediately upon qualification of the member appointed in each year,

shall organize by selecting from its members a chairperson. The commission shall

promulgate administrative regulations in accordance with KRS Chapter 13A and this

chapter to effectively carry out and enforce the provisions of this chapter, but the

commission shall not promulgate any administrative regulation which in any way fixes

prices, establishes fees, or sets the rate at which licensees are compensated.