FrankGoortani/open-us-law huggingface dataset:
KRS § 216B.035 — KY Code / Title XVIII / Chapter 216B / Section 216B.035
216B.035 Administrative staff assistance -- Records -- Oaths
Status: in_force

216B.035 Administrative staff assistance -- Records -- Oaths.

(1) The cabinet shall hire any administrative staff required by the cabinet to carry out its

duties and functions under the provisions of this chapter.

(2) The secretary shall keep a full and true record of all the proceedings of the cabinet,

of all books and papers ordered filed by the cabinet, and of all exemptions and

certificates of need issued by the cabinet in paper or electronic form, and shall be

responsible to it for the safe custody and preservation of all documents in its

possession. The secretary may administer oaths in all parts of the state, where the

exercise of that power is properly incidental to the performance of the duties of the

cabinet under this chapter.
KRS § 216B.150 — KY Code / Title XVIII / Chapter 216B / Section 216B.150
216B.150 Badge or insignia for hospital employees
Status: in_force

216B.150 Badge or insignia for hospital employees.

(1) All employees of a hospital who are licensed, registered, certified, or otherwise

regulated under the laws of the Commonwealth shall wear a badge or other insignia

indicating the person is a licensed, registered, certified or otherwise regulated health

care provider, provided the badge or insignia does not violate sterile procedures.

(2) No hospital licensed under the provisions of this chapter shall prohibit a person

licensed, registered, certified, or otherwise regulated under the laws of the

Commonwealth from wearing a badge or other insignia, provided the badge or

insignia does not violate sterile procedures. No other information shall appear on

the badge unless approved by the hospital chief executive officer, facility manager,

or designee.

(3) No hospital licensed under the provisions of this chapter shall demote, dismiss,

suspend, or otherwise penalize any employee for reporting a violation of subsection

(1) of this section to the cabinet.
KRS § 160.730 — KY Code / Title XIII / Chapter 160 / Section 160.730
160.730 Challenge of contents of record -- Procedure
Status: in_force

160.730 Challenge of contents of record -- Procedure.

(1) Parents or eligible students may challenge the content of a student record to ensure

that the record or report is not inaccurate, misleading, or otherwise in violation of

privacy or other rights of the student. The right to challenge shall also provide the

opportunity for rebuttal to, and the correction, deletion, or expunction of, any

inaccurate, misleading, or inappropriate information.

(2) A challenge to the record may take the form of an informal discussion among the

parents, student, and school officials. Any agreement between these parties shall be

reduced in writing, signed by all parties, and placed in the student's records. If no

agreement can be reached, either party may request a formal hearing to the

challenge which shall be conducted in accordance with procedures established by

rules and regulations of the Department of Education and the Council on

Postsecondary Education for educational institutions under their jurisdiction. The

rules and regulations shall provide that a formal hearing be conducted within a

reasonable time after the request for a hearing; and an official of the educational

institution who has no direct interest in the outcome of the challenge shall conduct

the hearing and render a decision on the challenge within a reasonable time after the

hearing. All parties to the challenge shall be afforded a full and fair opportunity to

present evidence relevant to the issues raised. Furthermore, school officials shall

take the necessary action to implement the decision.
KRS § 216.940 — KY Code / Title XVIII / Chapter 216 / Section 216.940
216.940 Definitions for KRS 216.940 to 216.945
Status: in_force

216.940 Definitions for KRS 216.940 to 216.945.

As used in KRS 216.940 to 216.945:

(1) "Charitable health care provider" means any person, agency, clinic, or facility,

licensed or certified by the Commonwealth or under a comparable provision of law

of another state, territory, district, or possession of the United States, engaged in the

rendering of medical care or dentistry:

(a) Within the scope of practice for which the person, agency, clinic, or facility is

licensed or certified; and

(b) Without compensation or charge, and without expectation of compensation or

charge, to the individual, without payment or reimbursement by any

governmental agency or insurer;

(2) "Regularly practice" means to practice for more than sixty (60) days within any

ninety (90) day period; and

(3) "Sponsoring organization" means any organization, with an established relationship

with a practicing entity, that organizes or arranges for the voluntary provision of

health care services in the state.
KRS § 13A.230 — KY Code / Title III / Chapter 13A / Section 13A.230
13A.230 Other material to be filed with and e-mailed to compiler
Status: in_force

13A.230 Other material to be filed with and e-mailed to compiler.

(1) The administrative body shall attach the following forms to the back of the original

and each copy of an administrative regulation:

(a) Regulatory impact analysis as required by KRS 13A.240;

(b) Tiering statement as required by KRS 13A.210;

(c) Fiscal note as required by KRS 13A.250;

(d) Federal mandate comparison, if applicable, as required by KRS 13A.245; and

(e) The summaries provided for in KRS 13A.2245, 13A.2251, or 13A.2255, if

applicable.

(2) The forms required by subsection (1) of this section shall be obtained from the

regulations compiler.

(3) The electronic version of an administrative regulation and the attachments required

by subsection (1) of this section shall be sent by e-mail to the regulations compiler

in a single document at the same time as, or prior to, filing the paper version in

accordance with KRS 13A.190, 13A.220, or 13A.280 in an electronic format

approved by the regulations compiler.
KRS § 278.540 — KY Code / Title XXIV / Chapter 278 / Section 278.540
278.540 Acquisition of right-of-way by telephone or telegraph company -- Condemnation
Status: in_force

278.540 Acquisition of right-of-way by telephone or telegraph company --

Condemnation.

(1) Any telephone company or telegraph company authorized to do business in this

state shall, upon making just compensation, have the right to construct, maintain

and operate its lines through any public lands of this state and on, across and along

any public road, and across and under any navigable waters, but not in such a

manner as to interfere with travel on the road or to obstruct the navigation of the

waters.

(2) Any telephone company authorized to do business in this state may, by contract

with any person, construct, maintain and operate telephone lines on and across the

real property of that person, and if it cannot obtain the right-of-way by contract it

may, except as provided in KRS 416.090, condemn the right-of-way in the manner

provided in the Eminent Domain Act of Kentucky.

(3) Any telegraph company authorized to do business in this state that desires to

construct, operate and maintain its lines on or along the right-of-way and structure

of any railroad may, through an authorized agent, contract with the railroad

company for that right.

(4) The parts of this section relating to the rights of telephone companies do not apply

to any city.
KRS § 216.577 — KY Code / Title XVIII / Chapter 216 / Section 216.577
216.577 Action of secretary against facility for failure to correct a Type A violation
Status: in_force

216.577 Action of secretary against facility for failure to correct a Type A violation.

(1) Upon a finding that conditions in a long-term care facility constitute a Type A

violation, and the licensee fails to correct the violation within the time specified for

correction by the cabinet, the secretary shall take at least one (1) of the following

actions with respect to the facility in addition to the issuance of a citation, or the

assessment of a civil penalty therefor:

(a) Institute proceedings to obtain an order compelling compliance with the

regulations, standards, or requirements as set forth by the Cabinet for Health

and Family Services, the provisions of KRS 216.510 to 216.525, or applicable

federal laws and regulations governing the certification of a long-term care

facility under Title 18 or 19 of the Social Security Act;

(b) Institute injunctive proceedings in Circuit Court to terminate the operation of

the facility; or

(c) Selectively transfer residents whose care needs are not being adequately met

by the long-term care facility.

(2) This section shall not apply to assisted living communities licensed under KRS

194A.700 to 194A.729.
KRS § 96.170 — KY Code / Title IX / Chapter 96 / Section 96.170
96.170 Power of city to furnish utility services
Status: in_force

96.170 Power of city to furnish utility services.

The legislative body of any city may, by ordinance, provide the city and its inhabitants

with water, light, power, and heat, by contract or by works of its own, located either

within or beyond the boundaries of the city, make regulations for the management

thereof, and fix and regulate the prices to private consumers and customers.
KRS § 171.221 — KY Code / Title XIV / Chapter 171 / Section 171.221
171.221 Cooperative library services with other states
Status: in_force

171.221 Cooperative library services with other states.

The Department for Libraries and Archives is empowered to enter into an agreement with

any state for the purpose of providing cooperative library services.
KRS § 67.515 — KY Code / Title IX / Chapter 67 / Section 67.515
67.515 Receiver authorized
Status: in_force

67.515 Receiver authorized.

If there is any default in the payment of principal or interest on any of the bonds, any

court having jurisdiction of the action may appoint a receiver to administer the building

on behalf of the county buildings commission, with power to charge and collect rentals

sufficient to provide for the payment of any bonds or obligations outstanding against the

building and for the payment of operating expenses and to apply the income and revenues

in conformity with the provisions of KRS 67.450 to 67.550 and of the resolution

authorizing such bonds.
KRS § 39A.040 — KY Code / Title V / Chapter 39A / Section 39A.040
39A.040 Administrative bodies attached to division
Status: in_force

39A.040 Administrative bodies attached to division.

The following administrative bodies shall be attached to the division for administrative

purposes:

(1) Governor's Earthquake Hazards and Safety Technical Advisory Panel; and

(2) Kentucky Emergency Response Commission.
KRS § 218A.1404 — KY Code / Title XVIII / Chapter 218A / Section 218A.1404
218A.1404 Prohibited activities relating to controlled substances -- Penalties
Status: in_force

218A.1404 Prohibited activities relating to controlled substances -- Penalties.

(1) No person shall traffic in any controlled substance except as authorized by law.

(2) No person shall possess any controlled substance except as authorized by law.

(3) No person shall dispense, prescribe, distribute, or administer any controlled

substance except as authorized by law.

(4) Unless another specific penalty is provided in this chapter, any person who violates

the provisions of subsection (1) or (3) of this section shall be guilty of a Class D

felony for the first offense and a Class C felony for subsequent offenses and any

person who violates the provisions of subsection (2) of this section shall be guilty of

a Class A misdemeanor.
KRS § 15A.080 — KY Code / Title III / Chapter 15A / Section 15A.080
15A.080 Interrelationship of offices for administrative purposes
Status: in_force

15A.080 Interrelationship of offices for administrative purposes.

The Kentucky Law Enforcement Council shall be attached to the office of the

commissioner, Department of Criminal Justice Training for administrative purposes.
KRS § 524.055 — KY Code / Title L / Chapter 524 / Section 524.055
524.055 Retaliating against a participant in the legal process
Status: in_force

524.055 Retaliating against a participant in the legal process.

(1) A person is guilty of retaliating against a participant in the legal process when he or

she engages or threatens to engage in conduct causing or intended to cause bodily

injury or damage to the tangible property of a participant in the legal process or a

person he or she believes may be called as a participant in the legal process in any

official proceeding or because the person has participated in a legal proceeding:

(a) Attending an official proceeding, or giving or producing any testimony,

record, document, or other object produced at that proceeding;

(b) Giving information to a law enforcement officer relating to the possible

commission of an offense or a violation of conditions of probation, parole, or

release pending judicial proceedings;

(c) Vote, decision, or opinion; or

(d) Performance of his or her duty.

(2) Retaliating against a participant in the legal process is a Class D felony.

(3) In order for a person to be convicted of a violation of this section, the act against a

participant in the legal process or the immediate family of a participant in the legal

process shall be related to the performance of a duty or role played by the

participant in the legal process.
KRS § 341.520 — KY Code / Title XXVII / Chapter 341 / Section 341.520
341.520 Disposition of funds upon discontinuance of trust fund
Status: in_force

341.520 Disposition of funds upon discontinuance of trust fund.

KRS 341.490, 341.500 and 341.510, to the extent that they relate to the unemployment

trust fund, shall be operative only so long as that fund continues to exist and so long as

the secretary of the federal treasury continues to maintain for this state a separate book

account of all funds deposited therein by this state for benefit purposes, together with this

state's proportionate share of the earnings of that fund, from which no other state is

permitted to make withdrawals. If the unemployment trust fund ceases to exist, or such

separate book account is no longer maintained, all money, property or securities therein,

belonging to the unemployment insurance fund of this state shall be transferred to the

treasurer of the unemployment insurance fund, who shall hold, invest, transfer, sell,

deposit, and release such money, property, or securities in a manner approved by the

secretary and the Finance and Administration Cabinet, in accordance with this chapter.

Such money shall be invested in bonds or other interest-bearing obligations of the United

States of America. Investments shall at all times be so made that all the assets of the fund

shall always be readily convertible into cash when needed for the payment of benefits.

The State Treasurer shall dispose of securities or other property belonging to the

unemployment insurance fund only under the direction of the secretary and the secretary

of the Finance and Administration Cabinet.
KRS § 35.252 — KY Code / Title V / Chapter 35 / Section 35.252
35.252 Defense of lack of mental responsibility
Status: in_force

35.252 Defense of lack of mental responsibility.

(1) It is an affirmative defense in a trial by court-martial that, at the time of the

commission of the acts constituting the offense, the accused, as a result of severe

mental disease or defect, was unable to appreciate the nature and quality or the

wrongfulness of the acts. Mental disease or defect does not otherwise constitute a

defense.

(2) The accused has the burden of proving the defense of lack of mental responsibility

by clear and convincing evidence.

(3) Whenever lack of mental responsibility of the accused with respect to an offense is

properly at issue, the military judge shall instruct the members of the court as to the

defense of lack of mental responsibility under this section and charge them to find

the accused:

(a) Guilty;

(b) Not guilty; or

(c) Not guilty only by reason of lack of mental responsibility.

(4) Subsection (3) of this section does not apply to a court-martial composed of a

military judge only. In the case of a court-martial composed of a military judge

only, whenever lack of mental responsibility of the accused with respect to an

offense is properly at issue, the military judge shall find the accused:

(a) Guilty;

(b) Not guilty; or

(c) Not guilty only by reason of lack of mental responsibility.

(5) Notwithstanding KRS 35.260, the accused shall be found not guilty only by reason

of lack of mental responsibility if:

(a) A majority of the members of the court-martial present at the time the vote is

taken determines that the defense of lack of mental responsibility has been

established; or

(b) In the case of a court-martial composed of a military judge only, the military

judge determines that the defense of lack of mental responsibility has been

established.
KRS § 212.373 — KY Code / Title XVIII / Chapter 212 / Section 212.373
212.373 Recovery of charges from spouse or parent
Status: in_force

212.373 Recovery of charges from spouse or parent.

Such boards may likewise recover the charges so established from the spouse of any

person receiving said services or from the parent of such person who is a minor if such

spouse or parent has the financial ability to pay.
KRS § 73.220 — KY Code / Title IX / Chapter 73 / Section 73.220
73.220 Depositions -- Administering oath
Status: in_force

73.220 Depositions -- Administering oath.

The processioners may, at the request of any party interested, take depositions as to the

proper position of any corner or line, and the depositions shall be returned with the

processioners' report. The opposite party may, in like manner, take testimony at the same

or another time. Any processioner or person selected by the parties who has taken a legal

oath of qualification may administer an oath to any other processioner or person selected

who has not taken an oath, or administer an oath touching any matter within the scope of

their duties.
KRS § 341.830 — KY Code / Title XXVII / Chapter 341 / Section 341.830
341.830 Assessment against transferee of a fraudulent conveyance made with intent to hinder or evade collection of contributions due from transferor
Status: in_force

341.830 Assessment against transferee of a fraudulent conveyance made with

intent to hinder or evade collection of contributions due from transferor.

(1) When the cabinet reasonably believes that any employer has divested himself by

gift, conveyance, assignment, transfer of, or charge upon any property, whether real,

personal, tangible or intangible, with the intent to hinder or evade the collection of

any contributions assessed or to be assessed by the cabinet or declared by the

employer on a report filed with the cabinet, any transferee of such property may be

assessed by the cabinet an amount equal to the lesser of the amount of contributions

assessed against the transferor employer or the fair market value of the property so

transferred. However, no assessment shall be made pursuant to this section against a

transferee who takes the property for full and valuable consideration in money or

money's worth, unless such transferee had notice of the intent of the transferor

employer to hinder or evade the collection of any contributions.

(2) Any assessment made by the cabinet against a transferee pursuant to subsection (1)

of this section is, except as provided in this section, subject to the same provisions

and limitations as in the case of the contributions for which the liabilities were

incurred.

(3) The period of limitation for assessment of any liability against a transferee pursuant

to subsection (1) of this section shall be as follows:

(a) In the case of an initial transferee, within one (1) year after the expiration of

the period of limitation for assessment against the transferor employer; and

(b) In the case of the liability of a transferee, within one (1) year after the

expiration of the period of limitation for assessment against the preceding

transferee, but not more than three (3) years after the expiration of the period

of limitation for assessment against the initial transferor employer.

(4) The notice of any assessment against a transferee made pursuant to subsection (1) of

this section shall be either given to the transferee in person or sent by mail to such

transferee's last known address.
KRS § 80.580 — KY Code / Title IX / Chapter 80 / Section 80.580
80.580 Extension of operations of city authority to other cities
Status: in_force

80.580 Extension of operations of city authority to other cities.

In addition to its other powers, a housing authority created for a city pursuant to KRS

80.010 to 80.250 may exercise any or all of its powers within the territorial boundaries of

any other city for the purpose of planning, undertaking, financing, constructing and

operating a housing project or projects within the other city, if a resolution has been

adopted by the governing body of the other city in which such authority is to exercise its

powers and by the housing authority of the other city (if one has been theretofore created

for such other city) declaring (upon findings prescribed in KRS 80.380) that there is a

need for the housing authority of the aforesaid city to exercise its powers within the other

city. The governing body of the other city shall not adopt a resolution pursuant to this

section unless a public hearing has first been held. The clerk of such city shall give notice

of the public hearing by publication pursuant to KRS Chapter 424. Upon the date fixed

for such public hearing an opportunity to be heard shall be granted to all residents of such

city and to all other interested persons.
KRS § 146.435 — KY Code / Title XII / Chapter 146 / Section 146.435
146.435 Advisors to office
Status: in_force

146.435 Advisors to office.

Representatives of such agencies, institutions, organizations or individuals as the office

may determine may serve as advisors to the office with the privilege of discussion and

debate. Such advisors may receive such compensation as is deemed appropriate by the

office.
KRS § 107.430 — KY Code / Title IX / Chapter 107 / Section 107.430
107.430 Lease options
Status: in_force

107.430 Lease options.

Any such lease may provide that the lessee may have an option to renew said lease for a

like or lesser term, on such conditions as may be provided for in such lease and may

contain an option to purchase at any time prior to the expiration of the term of such lease

on such date or dates in any year as may be fixed therein, at a price to be computed by a

method which shall be set forth in said contract of lease, and such option may be given to

one or more of the lessees acting jointly or severally. No lease shall provide, nor be

construed to provide, that any governmental unit shall be under any obligation to

purchase such leased building.