FrankGoortani/open-us-law huggingface dataset:
KRS § 151B.409 — KY Code / Title XII / Chapter 151B / Section 151B.409
151B.409 Adult education and literacy initiative fund
Status: in_force

151B.409 Adult education and literacy initiative fund.

(1) There is created in the Education and Labor Cabinet a special fund to be known as

the adult education and literacy initiative fund, which shall consist of moneys

appropriated by the General Assembly, gifts, grants, other sources of funding,

public and private, and interest accrued by the fund. This fund shall not lapse at the

end of a fiscal year but shall be carried forward to be used only for the purposes

specified in this section. Moneys accumulated in this fund on June 27, 2019, shall

remain in the fund and be transferred to the Education and Labor Cabinet to be used

for purposes stated in this section.

(2) The purpose of the adult education and literacy initiative fund shall be to support

strategies for adult education, to provide statewide initiatives for excellence, and to

provide funds for research and development activities.

(3) The cabinet shall establish the guidelines for the use, distribution, and

administration of the fund, financial incentives, technical assistance, and other

support for strategic planning; and guidelines for fiscal agents to assess county and

area needs and to develop strategies to meet those needs.

(4) The fund shall include the following strategies:

(a) Statewide initiatives. Funds shall be used to encourage collaboration with

other organizations, stimulate development of models of adult education

programs that may be replicated elsewhere in the state, provide incentives for

adults, employers, and providers to encourage adults to establish and

accomplish learning contracts, provide incentives to encourage participation

in adult education, assist providers of county and area programs in areas of

highest need, and for other initiatives of regional or statewide significance as

determined by the cabinet. The statewide reading research center established

under KRS 164.0207 shall evaluate the reading and literacy components of

model programs funded under this paragraph.

(b) Research and demonstration. The funds shall be used to develop:

1. Standards for the preparation, professional development, and support for

adult educators with the advice of the Office of Adult Education and as

compatible with funds provided under Title II of the Federal Workforce

Investment Act;

2. A statewide competency-based certification for transferable skills in the

workplace; and

3. A statewide public information and marketing campaign.
KRS § 439.656 — KY Code / Title XL / Chapter 439 / Section 439.656
439.656 Effect of failure of participant to complete pilot program through no fault of his or her own
Status: in_force

439.656 Effect of failure of participant to complete pilot program through no

fault of his or her own.

If a participant cannot complete the pilot program through no fault of his or her own,

he or she may be administratively discharged. If the reentry team determines that

administrative discharge is appropriate, the department shall determine whether to

move the participant to regular parole or to refer the participant to the Parole Board

for revocation. If administratively discharged, the participant shall receive credit

toward the remainder of his or her sentence for the time spent in the pilot program.
KRS § 45.457 — KY Code / Title VI / Chapter 45 / Section 45.457
45.457 Check for payment
Status: in_force

45.457 Check for payment.

The State Treasurer shall transmit to the purchasing agency or vendor a check for

payment to a vendor within five (5) working days of receipt of a warrant for payment

from the Finance and Administration Cabinet. The purchasing agency shall transmit the

check for payment to a vendor within five (5) working days of receipt of the check from

the State Treasurer.
KRS § 439.563 — KY Code / Title XL / Chapter 439 / Section 439.563
439.563 Restitution as condition of parole -- Board order -- Effect on length of parole
Status: in_force

439.563 Restitution as condition of parole -- Board order -- Effect on length of

parole.

(1) When there is an identified victim of a defendant's crime to whom restitution has

been ordered but not yet paid in full, or restitution has been ordered paid to a

government agency and has not yet been paid in full, the Parole Board shall order

the defendant to pay restitution as a condition of parole.

(2) When the Parole Board orders restitution, the board shall:

(a) Order the restitution to be paid to a specific person or organization through the

Division of Probation and Parole, which shall disburse the moneys as ordered

by the board;

(b) Set the amount of restitution to be paid, if not already set;

(c) Set the amount and frequency of each restitution payment or require the

payment to be made in a lump sum.

(3) When the Parole Board orders restitution, the Department of Probation and Parole

shall:

(a) Monitor and oversee the collection of the restitution;

(b) Institute parole violation proceedings if the restitution is not being paid;

(c) Institute sanctions against the defendant if restitution is not being paid and

good cause is not shown for the nonpayment; and

(d) Maintain parole supervision over the defendant until restitution has been paid

in full.

(4) The board, in addition to any other sanctions which may be imposed on the

defendant, may ask a court to hold a defendant who is not paying restitution in the

manner or amount prescribed in contempt of court.

(5) Any statute relating to the length of parole supervision notwithstanding, the parole

for a person owing restitution shall be until the restitution is paid in full, even if this

would lengthen the period of supervision beyond the statutory limit of parole

supervision or the statutory limit for serving out the sentence imposed.

(6) Payment of restitution in full prior to the end of the period of parole supervision

shall not shorten the period of parole supervision.
KRS § 247.480 — KY Code / Title XXI / Chapter 247 / Section 247.480
247.480 Commissioner of Agriculture to determine polling places, details of assessment, limits
Status: in_force

247.480 Commissioner of Agriculture to determine polling places, details of

assessment, limits.

With respect to any referendum conducted under the provisions of KRS 247.450 to

247.505, the Commissioner of Agriculture shall, before calling and announcing such

referendum, fix, determine and publicly announce at least thirty (30) days before the date

determined upon for such referendum, the date, hours and polling places for voting in

such referendum, the effective date of the assessment, if adopted, the amount and basis of

the assessment proposed to be collected, the means by which such assessment shall be

collected if authorized by the producers, and the general purposes to which said amount

so collected shall be applied; no annual assessment levied under the provisions of KRS

247.450 to 247.505 shall exceed one and one-half percent (1.5%) of the value of the

year's production of such agricultural commodity produced by any producer included in

the group to which such referendum is submitted.
KRS § 317A.080 — KY Code / Title XXVI / Chapter 317A / Section 317A.080
317A.080 Kentucky Board of Cosmetology trust and agency fund -- Disposition of fees
Status: in_force

317A.080 Kentucky Board of Cosmetology trust and agency fund -- Disposition of

fees.

(1) There is hereby established in the State Treasury the Kentucky Board of

Cosmetology trust and agency fund.

(2) The fund shall be administered by the board.

(3) (a) All fees collected by the board shall be deposited into the fund and shall be

used only for the purpose of administering the provisions of this chapter as it

relates to the board.

(b) The cost and expenses of administering the provisions of this chapter

including compensation to members of the board and its officers and

employees shall be paid out of the State Treasury upon warrants of the

secretary of the Finance and Administration Cabinet according to law.

However, the total expense of administering these provisions shall not exceed

the fees and other charges collected by the board and available in the fund;

(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal

year shall not lapse but shall be carried forward into the next fiscal year.

(5) Any interest earnings of the fund shall become a part of the fund and shall not lapse.

(6) Moneys deposited in the fund are hereby appropriated for the purposes set forth in

this section and shall not be appropriated or transferred by the General Assembly

for any other purposes.
KRS § 67.280 — KY Code / Title IX / Chapter 67 / Section 67.280
67.280 Assignment of new county to various election districts
Status: in_force

67.280 Assignment of new county to various election districts.

Where the two (2) old counties were in the same representative, senatorial, judicial

circuit, congressional, or railroad commissioner district or districts, the new county shall

remain in the same district or districts. Where the two (2) old counties were not in the

same district or districts, the new county shall be placed in the following district or

districts: In the representative, senatorial, judicial circuit, congressional, or railroad

commissioner district or districts, respectively, in which the old county, having the largest

population, was located; provided, that if each of the two (2) old counties was a separate

district the new county shall be divided into two (2) such districts, each district to be

coterminous with the boundary lines of the old counties; provided further, that if any of

the election districts formed under the provisions of KRS 67.190 to 67.270 as a result of

county consolidation are in violation of the requirements of the Constitution, such

consolidation shall not be effective unless the General Assembly, at its first session after

the consolidation, shall redistrict the state in compliance with the provisions of the

Constitution.
KRS § 329.170 — KY Code / Title XXVI / Chapter 329 / Section 329.170
329.170 Governmental entities exempt from fee requirements
Status: in_force

329.170 Governmental entities exempt from fee requirements.

Subsection (1) of KRS 329.030, subsections (1) and (3) of KRS 329.040 and subsection

(1) of KRS 329.050, relating to fees charged applicants for a license, shall not apply to

any department of the United States or any agency of the city, county or state, provided

that no fee is charged for administration of the test.
KRS § 273.283 — KY Code / Title XXIII / Chapter 273 / Section 273.283
273.283 Approval of merger or consolidation
Status: in_force

273.283 Approval of merger or consolidation.

(1) A plan of merger or consolidation shall be adopted in the following manner:

(a) If the members of any merging or consolidating corporation are entitled to

vote thereon, the board of directors of such corporation shall adopt a

resolution approving the proposed plan and directing that it be submitted to a

vote at a meeting of members entitled to vote thereon, which may be either an

annual or a special meeting. Written notice setting forth the proposed plan or a

summary thereof shall be given to each member entitled to vote at such

meeting within the time and in the manner provided in KRS 273.161 to

273.390 for the giving of notice of meetings of members. The proposed plan

shall be adopted upon receiving at least two-thirds (2/3) of the votes which

members present at each such meeting or represented by proxy are entitled to

cast.

(b) If any merging or consolidating corporation has no members, or no members

entitled to vote thereon, a plan of merger or consolidation shall be adopted at a

meeting of the board of directors of such corporation upon receiving the vote

of a majority of the directors in office.

(2) After such approval, and at any time prior to the filing of the articles of merger or

consolidation, the merger or consolidation may be abandoned pursuant to

provisions therefor, if any, set forth in the plan of merger or consolidation.
KRS § 386.500 — KY Code / Title XXXIII / Chapter 386 / Section 386.500
386.500 Adjustments between principal and income because of taxes
Status: in_force

386.500 Adjustments between principal and income because of taxes.

(1) A fiduciary may, with District Court approval, make adjustments between principal

and income to offset the shifting of economic interests or tax benefits between

income beneficiaries and remainder beneficiaries which arise from:

(a) Elections and decisions, other than those described in subsection (2) of this

section, that the fiduciary makes from time to time regarding tax matters;

(b) An income tax or any other tax that is imposed upon the fiduciary or a

beneficiary as a result of a transaction involving, or a distribution from, the

estate or trust; or

(c) The ownership by an estate or trust of an interest in an entity whose taxable

income, whether or not distributed, is includable in the taxable income of the

estate, trust, or a beneficiary.

(2) If the amount of an estate tax marital deduction or charitable contribution deduction

is reduced because a fiduciary deducts an amount paid from principal for income

tax purposes instead of deducting it for estate tax purposes and, as a result, estate

taxes paid from principal are increased and income taxes paid by an estate, trust, or

beneficiary are decreased, each estate, trust, or beneficiary that benefits from the

decrease in income tax shall reimburse the principal from which the increase in

estate tax is paid. The total reimbursement shall equal the increase in the estate tax

to the extent that the principal used to pay the increase would have qualified for a

marital deduction or charitable contribution deduction but for the payment. The

proportionate share of the reimbursement for each estate, trust, or beneficiary whose

income taxes are reduced shall be the same as its proportionate share of the total

decrease in income tax. An estate or trust shall reimburse principal from income.
KRS § 322.120 — KY Code / Title XXVI / Chapter 322 / Section 322.120
322.120 Licensure by endorsement
Status: in_force

322.120 Licensure by endorsement.

The board may, by promulgation of administrative regulations, establish requirements and

fees for licensure by endorsement for those applicants who:

(1) Hold a current license or certificate of registration to engage in the practice of

engineering or land surveying issued by any state, territory, or possession of the

United States, the District of Columbia, or any foreign country; and

(2) Submit proof that the requirements and qualifications supporting that license or

certificate:

(a) Are not in conflict with the provisions of this chapter; and

(b) Equal or exceed this state's requirements in effect on the date of issuance.

However, the land surveyor applicant may be required to take examinations,

as the board deems necessary, to determine the competency to engage in the

practice of land surveying in this state. The examination shall include

questions on laws, procedures, and practices pertaining to land surveying in

this state.
KRS § 315.4108 — KY Code / Title XXVI / Chapter 315 / Section 315.4108
315.4108 List of owners and designated representatives of third-party logistics provider subject to board inspection -- Persons disqualified from being owner or designated representative
Status: in_force

315.4108 List of owners and designated representatives of third-party

logistics provider subject to board inspection -- Persons disqualified

from being owner or designated representative.

(1) Third-party logistics providers shall establish and maintain for board inspection

a list of each partner, limited liability company member, and corporate officer

and director, including a description of the duties and the qualifications of each.

(2) A third-party logistics provider shall not have as an owner or designated

representative anyone convicted of a felony for conduct relating to:

(a) Providing third-party logistics services involving prescription drugs;

(b) A violation of 21 U.S.C. sec. 331(i) or (k); or

(c) A violation of 18 U.S.C. sec. 1365 relating to product tampering.

(3) A third-party logistics provider shall not have, as an owner or designated

representative, anyone who has violated federal or state requirements for

third-party logistics provider licensure and presented a threat of serious

adverse health consequences or death to humans.
KRS § 42.732 — KY Code / Title VI / Chapter 42 / Section 42.732
42.732 Kentucky Information Technology Advisory Council -- Purposes -- Members
Status: in_force

42.732 Kentucky Information Technology Advisory Council -- Purposes --

Members.

(1) There is hereby created the Kentucky Information Technology Advisory

Council to:

(a) Advise the executive director of the Commonwealth Office of Technology

on approaches to coordinating information technology solutions among

libraries, public schools, local governments, universities, and other public

entities;

(b) Advise the executive director of the Commonwealth Office of Technology

on coordination among and across the organizational units of the

executive branch of state government to prepare for, respond to, and

prevent attacks; and

(c) Provide a forum for the discussion of emerging technologies that enhance

electronic accessibility to various publicly funded sources of information

and services.

(2) The Kentucky Information Technology Advisory Council shall consist of:

(a) The state budget director or a designee;

(b) The state librarian or a designee;

(c) One (1) representative from the public universities to be appointed by the

Governor from a list of three (3) persons submitted by the Council on

Postsecondary Education;

(d) Three (3) citizen members from the private sector with information

technology knowledge and experience appointed by the Governor;

(e) Two (2) representatives of local government appointed by the Governor;

(f) One (1) representative from the area development districts appointed by

the Governor from a list of names submitted by the executive directors of

the area development districts;

(g) One (1) member of the media appointed by the Governor;

(h) The executive director of the Kentucky Authority for Educational

Television;

(i) The chair of the Public Service Commission or a designee;

(j) Two (2) members of the Kentucky General Assembly, one (1) from each

chamber, selected by the Legislative Research Commission;

(k) One (1) representative of the Administrative Office of the Courts;

(l) One (1) representative from the public schools system appointed by the

Governor;

(m) One (1) representative of the Kentucky Chamber of Commerce;

(n) The executive director of the Commonwealth Office of Technology; and

(o) The executive director of the Kentucky Communications Network

Authority or designee.

(3) Appointed members of the council shall serve for a term of two (2) years.

Members who serve by virtue of an office shall serve on the council while they

hold the office.

(4) Vacancies on the council shall be filled in the same manner as the original

appointments. If a nominating organization changes its name, its successor

organization having the same responsibilities and purposes shall be the

nominating organization.

(5) Members shall receive no compensation but shall receive reimbursement for

actual and necessary expenses in accordance with travel and subsistence

requirements established by the Finance and Administration Cabinet.
KRS § 67.480 — KY Code / Title IX / Chapter 67 / Section 67.480
67.480 Authority to construct county buildings
Status: in_force

67.480 Authority to construct county buildings.

Any county buildings commission may establish and erect, remodel or improve county

buildings and necessary appurtenances within the county, under the provisions of KRS

67.450 to 67.550, for the purpose of supplying the county with adequate buildings

necessary to carry out its rights, duties and powers.
KRS § 39E.120 — KY Code / Title V / Chapter 39E / Section 39E.120
39E.120 Commission to be advised of receipt of excess quantities of hazardous substances
Status: in_force

39E.120 Commission to be advised of receipt of excess quantities of hazardous

substances.

Owners or operators of facilities which manufacture, use, or store extremely hazardous

substances, as identified in 40 C.F.R. Part 355, and in quantities as identified in

administrative regulations promulgated by the Division of Emergency Management shall

advise the commission, local committee, and fire department in whose jurisdiction the

facility resides, of the name of the substance and its quantity, within sixty (60) days of the

date the facility first receives the substance or substances in excess of the quantities as

identified in the administrative regulations, or if there is a revision of these regulations

and the facility has present a substance or substances on the revised list in excess of the

quantity established for those substances, within sixty (60) days.
KRS § 205.915 — KY Code / Title XVII / Chapter 205 / Section 205.915
205.915 Appeal of decision by aggrieved party
Status: in_force

205.915 Appeal of decision by aggrieved party.

(1) Within thirty (30) days of any recommendation of any decision by the cabinet, an

aggrieved party may appeal. The Office of Administrative Hearings within the

Department of Law shall appoint one (1) or more trained hearing officers to hear

and decide the appeal.

(2) Any party who is dissatisfied with the decision of the hearing officer may appeal to

the appeal board. The board may on its own motion affirm, modify or set aside any

decision of a hearing officer on the basis of evidence previously submitted or may

direct the taking of additional evidence or may permit any party to initiate further

appeals before it. The board shall notify promptly the parties of its findings and

decisions.

(3) The manner in which appeals are presented and hearings and appeals conducted

shall be in accordance with regulations prescribed by the secretary for determining

the rights of parties, such hearings to be conducted in a summary manner. A

complete record shall be kept of all proceedings in connection with any appeal. All

testimony at any hearing upon an appeal shall be recorded either stenographically,

electronically, or mechanically. No hearing officer or member of the board shall

participate in any hearing in which he or she is an interested party.
KRS § 146.619 — KY Code / Title XII / Chapter 146 / Section 146.619
146.619 Short title for KRS 146.600 to 146.619
Status: in_force

146.619 Short title for KRS 146.600 to 146.619.

KRS 146.600 to 146.619 may be cited as the "Kentucky Rare Plant Recognition Act."