FrankGoortani/open-us-law huggingface dataset:
KRS § 42.730 — KY Code / Title VI / Chapter 42 / Section 42.730
42.730 Executive director of Commonwealth Office of Technology -- Roles and duties
Status: in_force

42.730 Executive director of Commonwealth Office of Technology -- Roles and

duties.

(1) The executive director of the Commonwealth Office of Technology shall be the

principal adviser to the Governor and the executive cabinet on information

technology policy, including policy on the acquisition and management of

information technology and resources.

(2) The executive director of the Commonwealth Office of Technology shall also serve

as the chief information officer for all agencies within the executive branch,

including the Commonwealth Office of Technology.

(3) The executive director shall carry out functions necessary for the efficient, effective,

and economical administration of information technology and resources within the

executive branch. Roles and duties of the executive director shall include but not be

limited to:

(a) Assessing, recommending, and implementing information technology

governance and organization design to include effective information

technology personnel management practices;

(b) Integrating information technology and resources plans with agency business

plans;

(c) Overseeing shared Commonwealth information technology resources and

services;

(d) Performing as the focal point and representative for the Commonwealth in

information technology and related areas with both the public and private

sector;

(e) Establishing appropriate partnerships and alliances to support the effective

implementation of information technology projects in the Commonwealth;

(f) Identifying information technology applications that should be statewide in

scope, and assisting agencies in avoiding duplicate services;

(g) Establishing performance measurement and benchmarking policies and

procedures;

(h) Preparing annual reports and plans concerning the status and result of the

state's specific information technology plans and submitting these annual

reports and plans to the Governor and the General Assembly;

(i) Managing the Commonwealth Office of Technology and its budget; and

(j) Approving technology acquisition prior to any procurement.
KRS § 383.670 — KY Code / Title XXXII / Chapter 383 / Section 383.670
383.670 Remedies for absence, nonuse and abandonment
Status: in_force

383.670 Remedies for absence, nonuse and abandonment.

(1) If the rental agreement requires the tenant to give notice to the landlord of an

anticipated extended absence in excess of seven (7) days as required in KRS

383.620 and the tenant willfully fails to do so, the landlord may recover actual

damages from the tenant.

(2) During any absence of the tenant in excess of seven (7) days, the landlord may enter

the dwelling unit at times reasonably necessary.

(3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts

to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning

before the expiration of the rental agreement, it terminates as of the date of the new

tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a

fair rental or if the landlord accepts the abandonment as a surrender, the rental

agreement is deemed to be terminated by the landlord as of the date the landlord has

notice of the abandonment. If the tenancy is from month-to-month or week-to-week,

the term of the rental agreement for this purpose is deemed to be a month or a week,

as the case may be.
KRS § 342.276 — KY Code / Title XXVII / Chapter 342 / Section 342.276
342.276 Mediation program
Status: in_force

342.276 Mediation program.

(1) The commissioner shall establish a program to provide an opportunity for mediation

of disputes as to the entitlement to benefits under this chapter.

(2) The commissioner shall promulgate administrative regulations necessary to

establish and implement the mediation program, which shall prescribe the

qualifications and duties of mediators; a process for the designation of mediators;

procedures for the conduct of mediation proceedings; and the issues which shall be

subject to mediation.

(3) Recommendations by mediators are without administrative or judicial authority and

are not binding on the parties unless the parties enter into a settlement agreement

incorporating the recommendations. Administrative law judges may participate in

the mediation process but shall not issue findings or orders as a result of the process

unless agreed to by the parties.
KRS § 61.130 — KY Code / Title VIII / Chapter 61 / Section 61.130
61.130 Salary of county attorney, county judge/executive or Commonwealth's attorney -- How deducted
Status: in_force

61.130 Salary of county attorney, county judge/executive or Commonwealth's

attorney -- How deducted.

The county judge/executive shall, by an order entered of record, enforce the provisions of

KRS 61.120 as against county attorneys, and the fiscal court shall enforce its provisions

as against the county judge/executive. The Circuit Judge shall enforce its provisions as

against the Commonwealth's attorney in his judicial circuit, by an order entered of record,

a copy of which shall, as soon as entered, be sent by the clerk of the court to the Finance

and Administration Cabinet.
KRS § 426.590 — KY Code / Title XXXIX / Chapter 426 / Section 426.590
426.590 Failure to deliver property on forthcoming bond -- Return of officer -- Liability of surety -- Execution for balance due
Status: in_force

426.590 Failure to deliver property on forthcoming bond -- Return of officer --

Liability of surety -- Execution for balance due.

(1) If the defendant in execution fails to pay or replevy the amount of the execution,

and fails to deliver the property specified in the forthcoming bond or other property

in its place sufficient to satisfy the execution and all costs and commissions, the

officer shall return the execution and bond to the office where it was issued and

endorse on the execution the levy, the giving of the bond, the particular property

which is not forthcoming and all other facts. The surety on the forthcoming bond

shall be liable only for the value of the property specified in the bond which is not

forthcoming, with interest thereon from the date of the bond and the accruing costs.

(2) If the property specified in a forthcoming bond is not of value sufficient to satisfy

the execution and all costs and commissions, the proper officer may issue another

execution and credit it with the value of the property specified in the bond.
KRS § 205.642 — KY Code / Title XVII / Chapter 205 / Section 205.642
205.642 Pervasive developmental disorders -- Definition for KRS 200.654, 200.660, 347.020, and 387.510 -- Waiver application -- Report
Status: in_force

205.642 Pervasive developmental disorders -- Definition for KRS 200.654,

200.660, 347.020, and 387.510 -- Waiver application -- Report.

(1) As used in this section and KRS 200.654, 200.660, 347.020, and 387.510,

"pervasive developmental disorders" has the same meaning as in the

Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV).

The term includes five (5) diagnostic subcategories:

(a) Autistic disorder;

(b) Pervasive disorder not otherwise specified;

(c) Asperger's disorder;

(d) Rett's disorder; and

(e) Childhood disintegrative disorder.

(2) The Department for Medicaid Services shall make application, within three (3)

months of July 15, 2002, to the Federal Centers for Medicare and Medicaid

Services for a waiver to provide services and supports to individuals who:

(a) Are Medicaid eligible;

(b) Have an Axis I diagnosis of a pervasive developmental disorder;

(c) Are institutionalized or at risk for institutionalization; and

(d) Require a coordinated plan of medically necessary community-based

behavioral health services.

(3) The waiver application shall include services that are documented to be

effective in the treatment of pervasive developmental disorders and consistent

with clinical best practices.

(4) The waiver application shall specify the required credentials for the providers of

each service.

(5) The cabinet shall cap the number of children served under the waiver program

to insure budget neutrality based upon the expenditures for children with

Pervasive Developmental Disorders that were served under the IMPACT Plus

Program during fiscal years 2001-2002.

(6) The cabinet shall include in the waiver application those items that are

necessary to ensure the waiver operates within the designated dollars,

including but not limited to a maximum number of individuals to be served and

a maximum dollar amount that can be expended for an individual.

(7) The waiver shall be coordinated with and shall not supplant services provided

by schools under KRS Chapter 157 or services provided under KRS Chapters

200 and 347. Nothing in this section shall affect or limit a school district's ability

to obtain Medicaid reimbursement for school-related health services.

(8) The Department for Medicaid Services shall report information on the number

of individuals receiving services under the waiver, the cost and type of services

received, and any available nonidentifying information pertaining to individual

outcomes upon request.
KRS § 17.552 — KY Code / Title III / Chapter 17 / Section 17.552
17.552 Approval requirement for sexual offender risk evaluations or treatment -- Exemptions
Status: in_force

17.552 Approval requirement for sexual offender risk evaluations or treatment --

Exemptions.

No person shall conduct comprehensive sex offender presentence evaluations or

treatment without first obtaining approval from the Sex Offender Risk Assessment

Advisory Board, except that the Department of Corrections sex offender treatment

program shall be regulated under KRS 197.400 to 197.440 and excluded from the

application of this statute, and the Department of Juvenile Justice sex offender treatment

program shall be regulated under KRS 635.500 and 635.520 and excluded from the

application of this statute.
KRS § 117.0552 — KY Code / Title X / Chapter 117 / Section 117.0552
117.0552 Procedure for establishing precincts
Status: in_force

117.0552 Procedure for establishing precincts.

(1) As used in KRS 117.055 to 117.0555 and KRS 117.0557, "establish a precinct"

shall include the following:

(a) Creating a new precinct;

(b) Dividing one (1) precinct into two (2) or more precincts;

(c) Combining two (2) or more precincts into one (1) precinct; and

(d) Altering a boundary line between two (2) or more precincts.

(2) Each county board of elections shall establish precincts by issuing a proposed

precinct establishment order. Each proposed precinct establishment order shall be

submitted to the executive director of the State Board of Elections for approval.

(3) The order prescribed in subsection (2) of this section shall include:

(a) A written description of the boundaries of each precinct to be established;

(b) A digital precinct boundary file, submitted in an ESRI ArcGIS Shapefile or

file geodatabase format, that has been georeferenced to the Kentucky State

Place Coordinate System in accordance with KRS 1.020 clearly showing the

boundaries of each precinct to be established;

(c) The estimated number of registered voters in each precinct to be established;

and

(d) Any additional information which may be required by an administrative

regulation adopted by the State Board of Elections under KRS Chapter 13A

for the purposes of assuring compliance with KRS 117.055 to 117.0555 and

KRS 117.0557.

(4) If a proposed precinct establishment order includes a description of a precinct with

a boundary that follows the boundary of an entity referred to in KRS 117.0551(1),

the order shall include the following:

(a) A description that precisely identifies the boundary line; and

(b) A digital precinct boundary file of the precinct indicating that the boundary is

that of an entity referred to in KRS 117.0551(1) and naming the specific

entity.

(5) If a proposed precinct establishment order includes a description of a precinct

boundary that follows one or more visible features as described in KRS

117.0551(2)(a), the order shall include:

(a) A reference map that corresponds to a detailed description that precisely

identifies each feature that forms the precinct boundary; and

(b) A digital precinct boundary file that includes the visible features.
KRS § 12.215 — KY Code / Title III / Chapter 12 / Section 12.215
12.215 Expenses incurred by Attorney General to be paid out of general fund
Status: in_force

12.215 Expenses incurred by Attorney General to be paid out of general fund.

The expenses incurred by the Attorney General in defending state employees and former

state employees shall not be charged against the regular budget of the Attorney General

but shall be paid by the secretary of the Finance and Administration Cabinet from

unappropriated general funds surplus in the State Treasury as a necessary governmental

expense on vouchers submitted by the Attorney General and approved by the secretary.

The expenses to be so paid include but are not limited to the cost of the time spent by

salaried attorneys of the Attorney General's office, contract attorneys, court reporters, and

the cost of trial preparation and investigation.
KRS § 236.990 — KY Code / Title XIX / Chapter 236 / Section 236.990
236.990 Penalties
Status: in_force

236.990 Penalties.

(1) It shall be unlawful for any person, firm, partnership, or corporation to operate

in this state a boiler or pressure vessel without a valid certificate of inspection.

The operation of a boiler or pressure vessel without a valid certificate, or at a

pressure exceeding that specified in an inspection certificate, shall constitute a

Class B misdemeanor on the part of the owner, user, or operator. Each day of

unlawful operation shall constitute a separate offense.

(2) Any person who violates any provision of KRS 236.040(1); 236.080(4);

236.110(1), (4) and (5); 236.210(1); 236.220(1); 236.240(1) and (2);

236.250(1); or any proper order or administrative regulation made or

promulgated thereunder; or who hinders or obstructs an authorized inspector in

the performance of his or her duties under this chapter, shall be subject to the

penalties in subsection (1) of this section.

(3) Any person who willfully violates any provision of this chapter, or any

administrative regulation, emergency order, order of the state fire marshal,

order of an authorized deputy state fire marshal, order of the chief boiler

inspector, or order of any authorized boiler inspector, promulgated or made

pursuant to this chapter, shall be subject to suspension or revocation of any

appointment, commission, certification, registration, license, or permit made or

issued by the department and held by that person, in accordance with the

procedures specified in KRS 236.220, or in lieu of a suspension or revocation,

shall be subject to an administrative fine of not less than ten dollars ($10) and

not exceeding five hundred dollars ($500) after notice and hearing by the

department in accordance with KRS 236.220. Each day these violations exist

shall, in the discretion of the department, be considered as a separate

violation.

(4) As an aid to enforcement of this chapter, or of any administrative regulation or

order relating thereto, the department or chief boiler inspector may take any

administrative action or bring any authorized legal action designed to prevent

or correct any condition constituting or threatening to constitute a violation of

any provision of this chapter.
KRS § 138.340 — KY Code / Title XI / Chapter 138 / Section 138.340
138.340 Revocation of dealer's or transporter's license -- Notice -- Hearing -- Appeal -- Cancellation
Status: in_force

138.340 Revocation of dealer's or transporter's license -- Notice -- Hearing --

Appeal -- Cancellation.

(1) If any dealer or transporter required to be licensed under KRS 138.310 files a false

report of the data or information required by KRS 138.210 to 138.280, or fails,

refuses or neglects to file the reports required by those sections, even though no tax

is due, or to pay the full amount of tax as required by those sections, or fails to meet

the qualifications of a dealer as set out in KRS 138.210, or violates any other

provision of this chapter, the license of the dealer or transporter may be revoked by

the Department of Revenue. The licensee shall be notified by certified or registered

letter or summons. The letter or summons shall apprise the licensee of the charge or

charges made against him and he shall have a reasonable opportunity to be heard

before his license may be revoked. The summons may be served in the same

manner and by the same officers or persons as provided by the Rules of Civil

Procedure, or it may be served in that manner by an employee of the Department of

Revenue. The hearing shall be set at least five (5) days after the summons is served

or the letter delivered. Any aggrieved licensee may appeal from an order of

revocation by the Department of Revenue to the Board of Tax Appeals pursuant to

KRS 49.220, subject to the condition that the licensee has made bond sufficient in

the opinion of the Department of Revenue to protect the Commonwealth from loss

of revenue.

(2) The department may cancel the license:

(a) Upon request in writing from the licensee, the cancellation to become

effective sixty (60) days from the date of receipt of the request; or

(b) Upon determination that the licensee has had no reportable activity in

Kentucky for at least the immediately preceding six (6) consecutive monthly

reporting periods.
KRS § 350.158 — KY Code / Title XXVIII / Chapter 350 / Section 350.158
350.158 Land under bond for restoration not to be acquired
Status: in_force

350.158 Land under bond for restoration not to be acquired.

No land, with respect to which a bond conditioned upon the restoration thereof is in

effect, shall be acquired pursuant to the provisions of KRS 350.152 to 350.163 and

350.240, nor shall this chapter be construed to relieve any person from any obligation to

backfill, grade, plant or perform other restoration and reclamation required by law.
KRS § 382.460 — KY Code / Title XXXII / Chapter 382 / Section 382.460
382.460 Notice to be endorsed, recorded and indexed -- Fees
Status: in_force

382.460 Notice to be endorsed, recorded and indexed -- Fees.

(1) The clerk shall number the notices filed under KRS 382.440 and 382.450, in the

order in which they are received, shall endorse on each notice the day and hour of

the receipt and the name of the person filing it and shall record the same in a book

to be kept for that purpose. He shall forthwith index the notices mentioned in KRS

382.440 by their numbers and by the name of each person whose interest is therein

stated to be affected, and the notices mentioned in KRS 382.450 by their numbers

and by the names of each person against whom the attachment or execution is stated

to have issued.

(2) For recording each notice mentioned in KRS 382.450 and for the notices mentioned

in KRS 382.440 the clerk shall receive a fee pursuant to KRS 64.012 for each tract

of land therein separately described. The fees shall be paid in advance, and shall be

taxed as part of the costs of the party filing the notices in the action, attachment or

execution.
KRS § 196.076 — KY Code / Title XVII / Chapter 196 / Section 196.076
196.076 Probation and parole officer salary improvement program
Status: in_force

196.076 Probation and parole officer salary improvement program.

The department shall establish a probation and parole officer salary improvement

program consisting of the following elements:

(1) Probation and parole officer I with less than five (5) years of service shall receive no

salary improvement.

(2) Probation and parole officer II with five (5) but less than ten (10) years of service

shall receive a salary improvement of five percent (5%).

(3) Probation and parole officer III with ten (10) but less than fifteen (15) years of

service shall receive a salary improvement of ten percent (10%).

(4) Probation and parole officer IV with fifteen (15) or more years of service shall

receive a salary improvement of ten percent (10%) or two thousand five hundred

dollars ($2,500), whichever is less.

(5) Salary improvements under this section shall be in addition to all other increments

or other salary increases authorized by law but shall only be paid if the probation

and parole officer has attained a favorable work-performance rating for four (4) of

the previous five (5) years.

(6) The service requirement shall be satisfied only by service as a Kentucky probation

and parole officer.

(7) At the time of implementation, officers who already meet the performance rating

and service time requirements shall be awarded the respective position title and

salary improvement. Officers who have not yet met those requirements shall be

awarded the position title and salary improvements only upon meeting the

requirements.

(8) Probation and parole seniors, coordinators, and supervisors shall be included in the

appropriate progression series level for salary improvement based upon the work

performance rating and respective service time requirement attained. However, the

progression series titles shall not apply to probation and parole seniors, coordinators

and supervisors.

(9) The department shall make the administrative regulations necessary for the

administration of this section.
KRS § 424.150 — KY Code / Title XXXVIII / Chapter 424 / Section 424.150
424.150 Person responsible for publishing
Status: in_force

424.150 Person responsible for publishing.

When any statute providing for newspaper publication of an advertisement does not

designate the person responsible for causing the publication to be made, the responsible

person shall be:

(1) Where the advertisement is of the filing of a petition or application, the person by

whom the same is filed;

(2) Where the advertisement is of an activity or action of:

(a) An individual public officer, the officer himself;

(b) A city, the city clerk if there be one; if not, the mayor;

(c) A county, the county clerk;

(d) A district, or a board, commission or agency of a city, county or district, the

chief administrative or executive officer or agent thereof;

(e) A court, the clerk thereof;

(f) A state department or agency, the head thereof.
KRS § 78.300 — KY Code / Title IX / Chapter 78 / Section 78.300
78.300 Omitted, 1948
Status: in_force

78.300 Omitted, 1948.

Catchline at time of omission: Pension benefits for disability or death.
KRS § 457.170 — KY Code / Title XLII / Chapter 457 / Section 457.170
457.170 Agent's liability
Status: in_force

457.170 Agent's liability.

An agent that violates this chapter is liable to the principal or the principal's successors in

interest for the amount required to:

(1) Restore the value of the principal's property to what it would have been had the

violation not occurred; and

(2) Reimburse the principal or the principal's successors in interest for the attorney's

fees and costs paid on the agent's behalf.