FrankGoortani/open-us-law huggingface dataset:
KRS § 350.064 — KY Code / Title XXVIII / Chapter 350 / Section 350.064
350.064 Reclamation bond to be filed by applicant
Status: in_force

350.064 Reclamation bond to be filed by applicant.

(1) After a surface coal mining and reclamation permit application has been approved

but before the permit is issued, the applicant shall file with the regulatory authority,

on a form prescribed and furnished by the regulatory authority, a reclamation bond

for performance payable, as appropriate, to the state, and conditional upon faithful

performance of all the requirements of this chapter and the permit. The reclamation

bond shall cover that area of land within the permit area upon which the applicant

will initiate and conduct surface coal mining and reclamation operations within the

initial term of the permit. As succeeding increments of surface coal mining and

reclamation operations are to be initiated and conducted within the permit area, the

permittee shall file with the cabinet an additional bond or bonds to cover the

increments in accordance with this section.

(2) The cabinet may approve an alternative system that will achieve the objectives and

purposes of the bonding program pursuant to this section.
KRS § 202B.045 — KY Code / Title XVII / Chapter 202B / Section 202B.045
202B.045 Requirements for admission -- Discharge planning
Status: reserved

202B.045 Requirements for admission -- Discharge planning.

(1) Admission:

(a) Residents shall be admitted only upon the approval of an interdisciplinary

team. The facility shall admit only persons who have a physical or mental

condition which requires developmental nursing services and a planned

program of active treatment;

(b) The interdisciplinary team shall:

1. Conduct a comprehensive evaluation of the individual, not more than

three (3) months before admission, covering physical, emotional, social,

and cognitive factors; and

2. Prior to admission define the need for service without regard to

availability of those services. The team shall review all available and

applicable programs of care, treatment, and training and record its

findings;

(c) If admission is not the best plan but the individual must be admitted

nevertheless, the facility shall clearly acknowledge that the admission is

inappropriate and initiate plans to actively explore alternatives;

(d) Before admission, the resident and a responsible member of his family or

guardian shall be informed in writing of the established policies of the facility

and fees, reimbursement, visitation rights during serious illness, visiting

hours, type of diets offered, and services offered; and

(e) The facility shall provide and maintain a system for identifying each resident's

personal property and facilities for safekeeping of his declared valuables. Each

resident's clothing and other property shall be reserved for the resident's own

use.

(2) Discharge planning. Prior to discharge the facility shall have a postinstitutional plan

which identifies the residential setting and support services which would enable the

resident to live in a less restrictive alternative to the current setting. Before a

resident is released, the facility shall:

(a) Offer counseling to parents or guardians who request the release of a resident

concerning the advantages and disadvantages of the release;

(b) Plan for release of the resident, to assure that appropriate services are

available in the resident's new environment, including protective supervision

and other follow-up services; and

(c) Prepare and place in the resident's record a summary of findings, progress, and

plans.
KRS § 15.405 — KY Code / Title III / Chapter 15 / Section 15.405
15.405 Conditional offer of employment as peace officer pending receipt of certification status and employment records
Status: in_force

15.405 Conditional offer of employment as peace officer pending receipt of

certification status and employment records.

(1) As used in this section, "agency" means any law enforcement agency, or other unit

of government listed in KRS 15.380, that employs a certified peace officer.

(2) Subject to subsection (5) of this section, any agency may make a conditional offer

of employment to a candidate pending its receipt and evaluation of a response to its

request for information from:

(a) The council regarding the certification status of any candidate, including if the

council has:

1. Received any notification under subsection KRS 15.391(4) related to the

candidate;

2. Initiated hearing procedures under KRS 15.391 against the candidate; or

3. Started investigating whether to initiate hearing procedures for the

revocation of the certification of the candidate under KRS 15.391; or

(b) Any agency that previously employed the candidate for any information the

agency is required to provide under subsection (3) of this section.

(3) Any agency that receives an inquiry under subsection (2) of this section from

another agency regarding a candidate for a peace officer position who was formerly

employed by the agency shall provide the following documentation to the hiring

agency:

(a) A complete copy of the peace officer's personnel file;

(b) Any documentation related to the arrest or prosecution of the peace officer

that the agency maintained;

(c) Any documentation related to a completed internal administrative

investigation of the peace officer; and

(d) Any documentation related to an incomplete internal administrative

investigation of the peace officer that was not completed because of the

officer's resignation or retirement while the investigation was pending.

(4) The council and any agency that receives a request for information shall provide it

to the requesting hiring agency no later than fourteen (14) days following the receipt

of the request.

(5) The hiring agency that elects to make a conditional offer of employment subject to

its receipt and evaluation of information pursuant to this section shall require the

candidate to complete a waiver and release of liability authorizing the hiring agency

to request the information from all prior agencies, which may include employing

agencies outside of the Commonwealth.

(6) The council, any agency, and the employees and officers of the council or any

agency shall be immune from any civil liability for disclosing information pursuant

to the provisions of this section and from any civil liability for the consequences of

such a disclosure unless the information disclosed was knowingly false or

deliberately misleading, was rendered with malicious purpose, or was in violation of

any civil right of the former employee.
KRS § 383.705 — KY Code / Title XXXII / Chapter 383 / Section 383.705
383.705 Retaliatory conduct
Status: in_force

383.705 Retaliatory conduct.

(1) Except as provided in this section, a landlord may not retaliate by increasing rent or

decreasing services or by bringing or threatening to bring an action for possession

after:

(a) The tenant has complained to a governmental agency charged with

responsibility for enforcement of a building or housing code of a violation

applicable to the premises materially affecting health and safety;

(b) The tenant has complained to the landlord of a violation under KRS 383.595;

(c) The tenant has organized or become a member of a tenant's union or similar

organization.

(2) If the landlord acts in violation of subsection (1) of this section, the tenant is

entitled to the remedies provided in KRS 383.655 and has a defense in any

retaliatory action against him for possession. In an action by or against the tenant,

evidence of a complaint within one (1) year before the alleged act of retaliation

creates a presumption that the landlord's conduct was in retaliation. The

presumption does not arise if the tenant made the complaint after notice of a

proposed rent increase or diminution of services. "Presumption" means that the trier

of fact must find the existence of the fact presumed unless and until evidence is

introduced which would support a finding of its nonexistence.

(3) Notwithstanding subsections (1) and (2) of this section, a landlord may bring an

action for possession if:

(a) The violation of the applicable building or housing code was caused primarily

by lack of reasonable care by the tenant or other person in his household or

upon the premises with his consent;

(b) The tenant is in default in rent; or

(c) Compliance with the applicable building or housing code requires alteration,

remodeling, or demolition which would effectively deprive the tenant of use

of the dwelling unit.

(4) The maintenance of an action under subsection (3) of this section does not release

the landlord from liability under KRS 383.625(2).
KRS § 77.320 — KY Code / Title IX / Chapter 77 / Section 77.320
77.320 Elimination of vehicle emissions testing program in county containing consolidated local government -- Determination of need for program
Status: in_force

77.320 Elimination of vehicle emissions testing program in county containing

consolidated local government -- Determination of need for program.

(1) If by December 1 following the approval of a consolidated local government, the

county containing the adopted consolidated local government has been notified by

federal authorities of the attainment of the county of the air quality standards

established by the Federal Environmental Protection Agency for ozone, carbon

monoxide, and nitrogen dioxide, the air pollution control district board in that

county shall upon July 15, 2002, begin the necessary actions to eliminate any

vehicle emissions testing program operated in the county by November 1, 2003. The

air pollution control district board shall not enter into or renew any contracts with

any vendors for the operation of a vehicle emissions testing program which would

extend beyond this date.

(2) If a consolidated local government should be notified at a date beyond November 1,

2003, of the county's nonattainment of the air quality standards established by the

Federal Environmental Protection Agency for ozone, carbon monoxide, and

nitrogen dioxide, notwithstanding the provisions of KRS 77.115, 224.20-130, or

224.20-760 to the contrary, the consolidated local government shall determine the

need for the reestablishment, administration, operation, and the role, if any, of an air

pollution control district if a vehicle emissions testing program is re-created by the

consolidated local government in accordance with KRS 224.20-710 to 224.20-765.

Nothing in KRS Chapters 77 and 224 shall preclude a consolidated local

government from utilizing other methods and procedures for reaching attainment of

the air quality standards established by the Federal Environmental Protection

Agency for ozone, carbon monoxide, and nitrogen dioxide.
KRS § 189.720 — KY Code / Title XVI / Chapter 189 / Section 189.720
189.720 Contracts limiting liability are void
Status: in_force

189.720 Contracts limiting liability are void.

Any contract which purports to limit in any way the common law liability of the parking

operator or his liability under KRS 189.700 to 189.720 shall be totally void and of no

effect.
KRS § 217.209 — KY Code / Title XVIII / Chapter 217 / Section 217.209
217.209 Criminal possession of a forged prescription
Status: in_force

217.209 Criminal possession of a forged prescription.

(1) A person is guilty of criminal possession of a forged prescription when, with

knowledge that it is forged and with intent to defraud, deceive, or injure another, he

possesses a forged prescription.

(2) Criminal possession of a forged prescription is:

(a) For a first offense, a Class A misdemeanor.

(b) For second or subsequent offense, a Class D felony.
KRS § 247.110 — KY Code / Title XXI / Chapter 247 / Section 247.110
247.110 Officers of State Fair Board -- Meetings -- Bylaws -- Establishment and authority of executive committee
Status: in_force

247.110 Officers of State Fair Board -- Meetings -- Bylaws -- Establishment

and authority of executive committee.

(1) The members of the State Fair Board shall select a chair and vice chair from

among the voting membership, effective on March 29, 2021. The chair and vice

chair shall serve in that capacity for one (1) year and shall be eligible for

reelection. The chair shall preside at all meetings and shall have all of the

powers and privileges of the other members. The vice chair shall preside in the

absence of the chair at all meetings and shall have all the powers and

privileges of the other members.

(2) The board shall meet monthly, a minimum of ten (10) months per year. A

majority of the voting members of the board shall constitute a quorum for the

transaction of business.

(3) The board shall adopt bylaws for the regulation of its affairs and the conduct of

its business and to prescribe rules, regulations, and policies in connection with

the performance of its function and duties.

(4) The board shall elect and employ a secretary who shall be responsible directly

to the board as the keeper of all records pertaining to the operation of the fair

or the business of the board. The president and chief executive officer provided

for in KRS 247.130 shall be ex officio treasurer to the board.

(5) The board as set out in the bylaws adopted under subsection (3) of this section

may establish an executive committee from among its membership with full

authority to act between its meetings to the extent delegated by the board.
KRS § 138.224 — KY Code / Title XI / Chapter 138 / Section 138.224
138.224 Presumption of taxability
Status: in_force

138.224 Presumption of taxability.

It shall be presumed that all untaxed motor fuels are subject to the tax levied under KRS

138.220 unless the contrary is established pursuant to KRS 138.210 to 138.448 or

administrative regulations promulgated thereunder by the department. The tax shall be

paid by the licensed dealer to the department. The burden of proving that any motor fuel

is not subject to tax shall be upon the dealer or any person who imports, causes to be

imported, receives, uses, sells, stores, or possesses untaxed motor fuel in this state. Any

dealer or other person who imports, causes to be imported, receives, uses, sells, stores, or

possesses untaxed motor fuels but fails to comply with all statutory and regulatory

restrictions applicable to the fuel shall be jointly and severally liable for payment of the

tax due on the fuel. A person's liability shall not be extinguished until the tax due has

been paid to the department.
KRS § 143.035 — KY Code / Title XI / Chapter 143 / Section 143.035
143.035 Collection and payment of tax by processor -- Agreement with department
Status: in_force

143.035 Collection and payment of tax by processor -- Agreement with department.

Notwithstanding any other provisions of this chapter to the contrary, where the

department finds that it would facilitate and expedite the collection of the tax imposed by

this chapter, the department may authorize the taxpayer processing the coal to report and

pay the tax which would be due from the taxpayer severing the coal. Authorization from

the department shall be in the form of an agreement executed by the taxpayer processing

the coal, the taxpayer severing the coal and the department. The agreement shall be in

such form as the department may prescribe. The agreement must be signed by the owners

if the taxpayers are natural persons; in the case of a partnership or association by a partner

or member; in the case of a corporation, by an executive officer or some person

specifically authorized by the corporation to sign the application. The director of the sales

and severance tax division shall sign for the department. The agreement may be

terminated by any party to the agreement upon giving thirty (30) days written notice to the

other parties to the agreement; however, the department may terminate the agreement

immediately upon written notice to the other parties when either the taxpayer processing

the coal or the taxpayer severing the coal fails to comply with the terms of the agreement.
KRS § 67A.550 — KY Code / Title IX / Chapter 67A / Section 67A.550
67A.550 Duties of board
Status: in_force

67A.550 Duties of board.

In addition to other duties provided in KRS 67A.360 to 67A.690, the board shall:

(1) Establish and maintain an office in the facilities provided by the government for the

meetings of the board and the keeping of the books, accounts, and records of the

fund; hold regular meetings monthly, and such special meetings as may be deemed

necessary; and keep a full record of all of its proceedings, which shall be open to

inspection by the public;

(2) Provide for the installation of a system of accounts and records that will give full

effect to the requirements of KRS 67A.360 to 67A.690; adopt all necessary

actuarial tables to be used in the operation of the fund; and provide for the

compilation of such statistical and financial data as may be required for actuarial

valuations, periodic surveys, and calculations;

(3) Obtain such information from the participating members and the government as

shall be necessary for the proper operation of the fund;

(4) Consider and pass upon all applications for annuities, benefits, refunds and other

payments, and authorize the expenditure for such purposes, in accordance with the

provisions hereof. The board shall have authority to promulgate such rules and

regulations, not inconsistent with the provisions of KRS 67A.360 to 67A.690,

necessary for the proper determination of all claims before it;

(5) Accept any gift, grant, or bequest of any money or property of any kind, for the

purposes designated by the grantor if such purposes are specified as providing cash

benefits to some or all of the members or annuitants of the fund; if no such purposes

are designated, the same shall be credited to the account representing income from

investments; and

(6) Have the accounts of the fund audited in accordance with Government Auditing

Standards, issued by the Comptroller General of the United States, as of the end of

each fiscal year, by a competent accountant, and submit the audit report to the

government with other financial or statistical data as are necessary for a proper

interpretation of the condition of the fund and the results of its operations. The

board shall also cause to be published for distribution among the members a

synopsis of such report.
KRS § 433.770 — KY Code / Title XL / Chapter 433 / Section 433.770
433.770 Willfully removing or damaging boundary marker
Status: in_force

433.770 Willfully removing or damaging boundary marker.

(1) Any person who fraudulently and willfully removes, defaces, cuts down, or destroys

a cornertree, post, cornerstone, or any monument erected to designate the boundary

of this state, or of any county or city, or the boundary of any tract or lot of land,

shall be guilty of a Class D felony and shall cause the marker, at his or her own

expense, to be reestablished by a professional land surveyor.

(2) Any person who willfully and knowingly, but without a felonious intent, removes,

defaces, cuts down, or destroys a tree, post, stone, or any monument erected to

designate the boundaries of this state or of any county or city, or the boundaries of

any tract or lot of land, shall cause the marker, at his or her own expense, to be

reestablished by a professional land surveyor.
KRS § 149.355 — KY Code / Title XII / Chapter 149 / Section 149.355
149.355 Short title for KRS 149.330 to 149.355
Status: in_force

149.355 Short title for KRS 149.330 to 149.355.

KRS 149.330 to 149.355 may be cited as the "Kentucky Forest Conservation Act."
KRS § 140.090 — KY Code / Title XI / Chapter 140 / Section 140.090
140.090 Deductions allowed from distributive shares
Status: in_force

140.090 Deductions allowed from distributive shares.

(1) In calculating the value of the distributive shares the following deductions and no

others shall be allowed:

(a) Debts of the decedent, except debts secured by property not subject to the tax

jurisdiction of Kentucky; and except debts barred by the statute of limitations;

(b) Taxes accrued and unpaid, except those on property not subject to the tax

jurisdiction of Kentucky;

(c) Death duties paid to foreign countries;

(d) Federal estate taxes, in the proportion which the net estate in Kentucky subject

to federal estate taxes bears to the total net estate everywhere subject to

federal estate taxes; all calculations are subject to approval by the Department

of Revenue;

(e) Drainage, street, or other special assessments due and unpaid which are a lien

on said property;

(f) Funeral, monument, and cemetery lot maintenance expenses actually paid not

exceeding in total five thousand dollars ($5,000);

(g) Commission of executors and administrators in the amount actually allowed

and paid;

(h) Cost of administration, including attorney's fees actually allowed and paid.

(2) Notwithstanding the provisions of KRS 404.040, the debts of a deceased wife,

subject to the exception in subsection (1)(a), shall be allowed in calculating the

distributive shares of her estate for purposes of this chapter, provided such debts are

paid from the proceeds of her estate.
KRS § 197.990 — KY Code / Title XVII / Chapter 197 / Section 197.990
197.990 Penalties
Status: in_force

197.990 Penalties.

Any person who willfully violates any of the provisions of KRS 197.200 to 197.250 for

which no other penalty is herein provided, shall be fined not less than ten dollars ($10)

nor more than five hundred dollars ($500), or confined in jail for not less than ten (10)

days nor more than one (1) year, or both.
KRS § 68.350 — KY Code / Title IX / Chapter 68 / Section 68.350
68.350 Investigation and examination by state local finance officer -- Action to compel compliance with budget law
Status: in_force

68.350 Investigation and examination by state local finance officer -- Action to

compel compliance with budget law.

The state local finance officer shall prescribe the books, blanks and forms to be used by

county officials in the administration of the fiscal affairs of the county under the budget

laws. He shall examine the budget records and make such investigations as may be

necessary to determine the condition of the financial affairs of each county. If the state

local finance officer finds that any county officer is willfully violating or neglecting the

duties imposed by KRS 68.210 through 68.360, he may institute legal proceedings in the

Circuit Court of that county to compel compliance with the law.
KRS § 216.343 — KY Code / Title XVIII / Chapter 216 / Section 216.343
216.343 District records to be audited -- Compliance with KRS 65A.010 to 65A.090
Status: in_force

216.343 District records to be audited -- Compliance with KRS 65A.010 to 65A.090.

(1) Every district established under KRS 216.310 to 216.360 shall at all reasonable

times keep open for the inspection of the Auditor of Public Accounts all of its

records and books of accounts and shall have an outside independent audit by a

certified public accountant annually.

(2) Any board formed and operating under KRS 216.310 to 216.360 shall comply with

the provisions of KRS 65A.010 to 65A.090.
KRS § 173.760 — KY Code / Title XIV / Chapter 173 / Section 173.760
173.760 Records open for state audit
Status: in_force

173.760 Records open for state audit.

Every district established under KRS 173.710 to 173.800 shall at all reasonable times

keep open for the inspection of the Auditor of Public Accounts all of its records and

books of accounts.