FrankGoortani/open-us-law huggingface dataset:
KRS § 311A.040 — KY Code / Title XXVI / Chapter 311A / Section 311A.040
311A.040 Advisory opinions
Status: in_force

311A.040 Advisory opinions.

(1) The board may, on petition by an interested party, issue an advisory opinion relating

to the applicability to any person, property, or state of facts of a statute in this

chapter, administrative regulation promulgated by the board, decision, order, or

other written statement of law or policy within the jurisdiction of the board.

(2) An advisory opinion shall be binding on the board and all parties to the proceeding

on the statement of facts alleged.

(3) The board may not retroactively change an advisory opinion, but nothing in this

section shall prevent the board from prospectively changing an advisory opinion.

(4) The board shall promulgate an administrative regulation in accordance with KRS

Chapter 13A on procedures for submission, consideration, reconsideration, and

disposition of a petition for an advisory opinion.

(5) An advisory opinion of the board may be appealed to the Franklin Circuit Court

within thirty (30) days of the date of the advisory opinion by the board.

(6) Each advisory opinion shall be a public record and shall be published in the manner

specified by the board.

(7) When the board supersedes, vacates, modifies, or repeals a previous advisory

opinion the new opinion shall specify each previous opinion affected.
KRS § 218B.085 — KY Code / Title XVIII / Chapter 218B / Section 218B.085
218B.085 Uniform application form -- Information required
Status: in_force

218B.085 Uniform application form -- Information required.

(1) The cabinet shall create a uniform application form for the cannabis business

licenses established in KRS 218B.080.

(2) When applying for a license, the applicant shall submit the following in accordance

with the cabinet's administrative regulations:

(a) The proposed legal name of the cannabis business;

(b) The proposed physical address of the cannabis business and the global

positioning system coordinates for any proposed cultivation activities;

(c) The name, address, and date of birth of each principal officer and board

member of the cannabis business;

(d) Any instances in which a business or not-for-profit entity that any of the

prospective board members managed or served on the board of was convicted,

fined, censured, or had a registration or license suspended or revoked in any

administrative or judicial proceeding; and

(e) Any additional information required by the cabinet.
KRS § 61.8865 — KY Code / Title VIII / Chapter 61 / Section 61.8865
61.8865 State parks' commissioner to ensure recommended commission peace officers meet certain requirements -- Training and equipment expenses
Status: in_force

61.8865 State parks' commissioner to ensure recommended commission peace

officers meet certain requirements -- Training and equipment expenses.

(1) The commissioner of the Department of Parks shall ensure that an employee of the

commission that is being recommended by the commission to be appointed and

commissioned in accordance with KRS 61.886(3) shall:

(a) Meet the minimum qualifications of KRS 61.886(4);

(b) Abide by the Department of Parks' law enforcement in-service training

requirements, if any; and

(c) Abide by the law enforcement directive of the Department of Parks, unless

exceptions by the department are granted in writing.

(2) Expenses associated with training and equipping an employee of the commission as

a commission peace officer to the Department of Parks' standards shall be paid by

the commission unless otherwise agreed upon by the department.
KRS § 280.040 — KY Code / Title XXIV / Chapter 280 / Section 280.040
280.040 Operations to comply with certificate, rules of department and statutes
Status: in_force

280.040 Operations to comply with certificate, rules of department and statutes.

(1) Except as otherwise expressly provided by law, and except in case of emergency

due to the act of God or unavoidable accident, or in case it becomes necessary to

make temporary detours, no bridge company or ferry company shall operate in this

state over any bridge or stream other than that provided for in its certificate of

convenience and necessity, or fail to operate thereon in the manner and at the time

specified in the certificate.

(2) Each such company shall comply with every rule, regulation and order of the

Department of Highways until it has been modified or set aside by the department,

or has been modified or set aside by final order of a court upon appeal as provided

in KRS 280.110. Each such company shall comply with all statutes of this state

applying to bridges or ferries.
KRS § 141.441 — KY Code / Title XI / Chapter 141 / Section 141.441
141.441 Designation of income tax refund to local history trust fund
Status: in_force

141.441 Designation of income tax refund to local history trust fund.

(1) Effective for taxable years beginning January 1, 2015, any taxpayer required to file

a return under KRS 141.180 who is entitled to an income tax refund and who

desires to contribute to the local history trust fund created under KRS 171.325 may

designate an amount, not to exceed the amount of the refund, to be paid to the trust

fund. A designation made under this section shall not affect the income tax liability

of the taxpayer, but it shall reduce the income tax refund by the amount designated.

(2) The instructions accompanying the individual income tax return shall include a

description of the local history trust fund and the purposes for which the funds from

the income tax checkoff may be used.

(3) The commissioner shall, by July 1, 2016, and by July 1 of each year thereafter,

transfer the funds designated by taxpayers under this section to the local history

trust fund created by KRS 171.325.
KRS § 173.570 — KY Code / Title XIV / Chapter 173 / Section 173.570
173.570 Report required -- Contents -- Compliance with KRS 65A.010 to 65A.090
Status: in_force

173.570 Report required -- Contents -- Compliance with KRS 65A.010 to 65A.090.

(1) Within sixty (60) days after the close of each fiscal year the board shall make a

written report to the Department for Libraries and Archives. A copy of this report

shall be filed with the county clerk of each county within the district. The report

shall contain:

(a) A statement of the property acquired by devise, bequest, purchase, gift or

otherwise during the fiscal year;

(b) A statement of the character of library service furnished to the district during

the fiscal year; and

(c) Any other statistics or information requested by the Department for Libraries

and Archives.

(2) The board shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 211.130 — KY Code / Title XVIII / Chapter 211 / Section 211.130
211.130 Definitions for KRS 211.130 to 211.160
Status: in_force

211.130 Definitions for KRS 211.130 to 211.160.

As used in KRS 211.130 to 211.160, unless the context requires otherwise:

(1) "Cabinet" shall mean the Cabinet for Health and Family Services;

(2) "Secretary" shall mean the secretary for health and family services;

(3) "An individual with a severe physical disability" shall mean a person who has a

severe physical disability as a result of cerebral palsy, poliomyelitis, muscular

dystrophy, or spina bifida;

(4) "Educable person" shall mean an individual with a severe physical disability, as

defined above, who is determined by the cabinet to be capable of receiving and

benefiting from the services and facilities provided by KRS 211.130 to 211.160;

(5) "Funds" shall mean all moneys received by the cabinet from all persons,

corporations, associations, organizations, and state or federal government agencies,

specifically designated to be used for furnishing facilities and services for educable

persons; provided, however, that no moneys appropriated to the cabinet by the

General Assembly of this Commonwealth shall be considered to have been

appropriated for establishing, providing, or maintaining services or facilities for

educable persons, unless the act appropriating such moneys expressly so provides.
KRS § 421.110 — KY Code / Title XXXVIII / Chapter 421 / Section 421.110
421.110 Punishment of witness for contempt
Status: in_force

421.110 Punishment of witness for contempt.

Disobedience of a subpoena; intentional evasion of a service of it, by concealment, or

otherwise; concealment or removal of a minor to prevent service of a subpoena upon him,

or preventing his attendance as a witness, by a person having control of him; or a refusal

to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when

lawfully ordered, may be punished as a contempt of the court or officer by whom the

attendance or testimony of the witness is required.
KRS § 31.035 — KY Code / Title IV / Chapter 31 / Section 31.035
31.035 Advisory boards for protection and advocacy division -- Appointment -- Number -- Terms -- Compensation
Status: in_force

31.035 Advisory boards for protection and advocacy division -- Appointment --

Number -- Terms -- Compensation.

(1) There shall be advisory boards for the Protection and Advocacy Division of the

Department of Public Advocacy as set forth in Public Laws 99-319 and 106-402

and their implementing regulations. Each shall be comprised of not more than

seventeen (17) citizen members appointed for terms of not less than two (2) years

by the Protection and Advocacy Division director.

(2) The advisory boards shall meet at least quarterly and on other occasions as may be

necessary upon the call of the Protection and Advocacy Division director.

(3) The members of the advisory boards shall receive no compensation for their

services, but shall be reimbursed for all expenses incurred through the performance

of their duties as members of their respective advisory board. No member of any

board shall be held to be a public officer by reason of his or her membership on the

board.
KRS § 119.056 — KY Code / Title X / Chapter 119 / Section 119.056
119.056 Alteration, mutilation, or suppression of nomination papers
Status: in_force

119.056 Alteration, mutilation, or suppression of nomination papers.

Any person in possession of nomination papers for attaining ballot access entitled to be

filed under the statutes relating to primaries, regular and special elections who wrongfully

alters, mutilates or suppresses such papers, or wrongfully fails to cause them to be filed at

the proper time in the proper office, shall be guilty of a Class A misdemeanor.
KRS § 405.500 — KY Code / Title XXXV / Chapter 405 / Section 405.500
405.500 Rebuttable presumption of receipt of notice
Status: in_force

405.500 Rebuttable presumption of receipt of notice.

(1) Whenever KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), or

530.050 require delivery of a notice or other communication in person or by

certified mail, return receipt requested, receipt shall be rebuttably presumed if the

obligor or any other adult with apparent authority at the obligor's address signs a

receipt or if the obligor or other adult refuses to accept the notice or

communication.

(2) In the case of a notice to withhold and deliver property served on a person in

possession or control of property, receipt shall be rebuttably presumed if the person

to whom the order is directed signs or refuses to sign a receipt or if his employee,

agent or other adult with apparent authority signs or refuses to sign a receipt.
KRS § 198B.630 — KY Code / Title XVII / Chapter 198B / Section 198B.630
198B.630 Application of KRS 198B.550 to 198B.630
Status: in_force

198B.630 Application of KRS 198B.550 to 198B.630.

The provisions of KRS 198B.550 to 198B.630 shall apply to the preparation of technical

drawings, installation, repair, alteration, extension, maintenance or inspection of fire

protection sprinkler systems other statutes notwithstanding.
KRS § 98.110 — KY Code / Title IX / Chapter 98 / Section 98.110
98.110 Awarding of contracts -- Commission may do part of work
Status: in_force

98.110 Awarding of contracts -- Commission may do part of work.

All work done or supplies or materials purchased in carrying out the purposes of KRS

98.040 to 98.170, when involving an expenditure of five hundred dollars ($500) or more,

shall be by contract awarded to the lowest and best bidder. All bids or parts of bids for

any such work or supplies may be rejected by the commission. Any commission may,

with the consent of four (4) of its members, do any part of its work by day labor under

such conditions as it may prescribe, when such procedure is recommended in writing by

the superintendent of construction.
KRS § 205.211 — KY Code / Title XVII / Chapter 205 / Section 205.211
205.211 Secretary to correct any underpayment or overpayment of public assistance benefits
Status: in_force

205.211 Secretary to correct any underpayment or overpayment of public

assistance benefits.

(1) Except as otherwise provided by law, the secretary may, in accordance with the

regulations he may prescribe and to the extent permitted by federal law, take all

necessary steps to correct any underpayment or overpayment of public assistance

benefits under this chapter.

(2) Recovery of overpayments by the secretary may be accomplished through

repayment, reduction of future public assistance benefits, or by civil action in the

Circuit or District Court depending upon the jurisdictional amount involved.

(3) No reduction in future benefits or civil action shall be instituted except after notice

and an opportunity for a fair hearing have been given and the administrative and

judicial remedies provided by this chapter have been either exhausted or abandoned.

(4) For purposes of this section, overpayment shall include payments made to or in

behalf of an eligible person in excess of the amount of public assistance benefits to

which they are entitled as defined by regulation, payments made to ineligible

persons and payments made to persons pending a fair hearing decision or court

decision.

(5) Nothing in this section shall be construed to prohibit criminal prosecution for fraud

under any other statute.
KRS § 15.105 — KY Code / Title III / Chapter 15 / Section 15.105
15.105 Assistant attorneys general for certain agencies
Status: in_force

15.105 Assistant attorneys general for certain agencies.

(1) The Attorney General, with the approval of the head of the cabinet involved, shall

appoint assistant attorneys general for the Transportation Cabinet and the Finance

and Administration Cabinet.

(2) The assistant attorneys general and additional attorneys provided for in subsection

(1) of this section shall each be a person admitted to the practice of law by the

Supreme Court of this Commonwealth and shall qualify by taking the oath of office.

They shall be paid out of the appropriation or other funds of the respective agency

to which they are assigned.
KRS § 367.765 — KY Code / Title XXIX / Chapter 367 / Section 367.765
367.765 Information to be furnished purchaser by seller
Status: in_force

367.765 Information to be furnished purchaser by seller.

Each owner who purchases a new mobile home shall be furnished by the dealer selling

the mobile home the address of the dealer, manufacturer and wholesaler, if any. In

addition, the name and address of the dealer, manufacturer, and the wholesaler shall be

affixed to the mobile home in a conspicuous place and shown to the owner by the dealer.
KRS § 35.332 — KY Code / Title V / Chapter 35 / Section 35.332
35.332 Disposition of records after review by the convening authority
Status: in_force

35.332 Disposition of records after review by the convening authority.

Except as otherwise required by this code, all records of trial and related documents shall

be transmitted and disposed of as prescribed by regulation and provided by law.
KRS § 91.375 — KY Code / Title IX / Chapter 91 / Section 91.375
91.375 Omitted property
Status: in_force

91.375 Omitted property.

All omitted property that should have been assessed for ad valorem taxes by cities of the

first class or consolidated local governments is subject to a penalty of ten percent (10%)

of the amount of the taxes, and interest at one percent (1%) per month from the date when

the taxes would have been delinquent had the property been listed as required by law.
KRS § 317.430 — KY Code / Title XXVI / Chapter 317 / Section 317.430
317.430 Kentucky Board of Barbering -- Membership -- Terms -- Compensation
Status: in_force

317.430 Kentucky Board of Barbering -- Membership -- Terms -- Compensation.

(1) There is hereby created an independent agency of the state government to be known

as the Kentucky Board of Barbering, which shall have complete supervision over

the administration of the provisions of this chapter relating to barbers, barbering,

barber shops, mobile barber shops, independent contract owners, barber schools,

and the teaching of barbering.

(2) The board shall be composed of five (5) members appointed by the Governor. Four

(4) members shall be barbers holding a valid license and practicing in Kentucky.

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

interested in barbering. At all times in the filling of vacancies of membership on the

barber board, this balance of representation shall be maintained.

(3) The two (2) members appointed to fill the terms beginning on February 1, 2008,

shall serve until February 1, 2011, and the three (3) members appointed to fill the

terms beginning on February 1, 2007, shall serve until February 1, 2010. All

subsequent appointments shall be for a term of three (3) years, with terms ending on

February 1.

(4) The Governor shall not remove any member of the board except for cause.

(5) The board shall elect from its members one (1) to serve as chairman, one (1) to

serve as vice chairman, and a third to serve as secretary.

(6) Three (3) members shall constitute a quorum for the transaction of business.

(7) In addition to the other qualifications specified in this section, barber members of

the board shall be at least twenty-three (23) years of age, citizens of the United

States, residents of Kentucky, and must have engaged in the practice of barbering in

this state for a period of at least five (5) years.

(8) No member of the board shall be financially interested in, or have any financial

connection with, any barber or cosmetology school, wholesale cosmetic or barber

supply or equipment business, nor shall any member of the barber board teach

barbering, cosmetology, or manicuring for monetary considerations.

(9) Each member of the board shall receive a compensation of one hundred dollars

($100) per day for each day of attendance at a meeting of the board, and shall be

reimbursed for necessary traveling expenses.

(10) The board shall hold its meetings within the state and when deemed necessary by

the board to discharge its duties.
KRS § 217.815 — KY Code / Title XVIII / Chapter 217 / Section 217.815
217.815 Practitioner may express professional opinion to patient
Status: in_force

217.815 Practitioner may express professional opinion to patient.

Nothing in KRS 217.814 to 217.826 shall be construed to prevent a practitioner from

informing a patient of his professional opinion as to the capabilities, effectiveness and

acceptability of any drug.
KRS § 39A.300 — KY Code / Title V / Chapter 39A / Section 39A.300
39A.300 Disaster Relief Funding Program
Status: in_force

39A.300 Disaster Relief Funding Program.

(1) The Disaster Relief Funding Program is established and shall be administered by

the Division of Emergency Management in accordance with the provisions of this

section.

(2) A Disaster Relief Funding Program trust fund is established as a separate revolving

fund. The trust fund shall be administered by the Division of Emergency

Management and the proceeds shall be used to support the Disaster Relief Funding

Program.

(3) (a) 1. The Disaster Relief Funding Program trust fund may receive state

appropriations, gifts, grants, federal funds, and any other funds both

public and private.

2. The Disaster Relief Funding Program trust fund shall not publicly

advertise for or solicit contributions from the general public that could

potentially impact fundraising efforts of not-for-profit disaster relief

agencies.

(b) 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.

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

and shall not lapse.

(d) Any funds deposited in the trust fund are hereby appropriated for the purposes

set forth in this section.

(4) Eligibility for funds under the Disaster Relief Funding Program shall be limited to

cities, counties, urban-counties, charter counties, and consolidated local

governments of the Commonwealth and individuals who have disaster-related needs

that cannot or will not be met by other relief agencies and who are residents of, and

living in, the Commonwealth on the date of the emergency.

(5) (a) Eligible applicants located in an area where there has been a declared

emergency by the Governor, as defined in KRS 39A.020, may receive

financial assistance when federal authorities decline to issue a federal

declaration of disaster and federal assistance will not be forthcoming.

(b) Cities, counties, urban-counties, charter counties, and consolidated local

governments of the Commonwealth that are eligible applicants may receive

financial assistance to pay the state contribution required by the federal

government in cases where there has been a federal declaration of disaster.

(6) The Division of Emergency Management shall promulgate administrative

regulations necessary to carry out the provisions of this section.
KRS § 452.110 — KY Code / Title XLII / Chapter 452 / Section 452.110
452.110 Application of KRS 452.010 to 452.090
Status: in_force

452.110 Application of KRS 452.010 to 452.090.

KRS 452.010 to 452.090 apply only to civil actions in Circuit and District Courts.