FrankGoortani/open-us-law huggingface dataset:
KRS § 81.060 — KY Code / Title IX / Chapter 81 / Section 81.060
81.060 Standards for incorporation -- Court considerations -- Judgment -- Certification to Secretary of State
Status: in_force

81.060 Standards for incorporation -- Court considerations -- Judgment --

Certification to Secretary of State.

(1) At the hearing the court shall, if the proper notice has been given or publication

made, and no defense is interposed, enter a judgment establishing a city as

requested by the petition, filed pursuant to KRS 81.050, if the court finds as a

matter of law that the following standards have been met:

(a) At least three hundred (300) persons reside in the territory sought to be

incorporated;

(b) Incorporation constitutes a reasonable way of providing the public services

sought by the voters or property owners of the territory, and there is no other

reasonable way of providing the services;

(c) The territory is contiguous;

(d) The territory is able to provide necessary city services to its residents within a

reasonable period after its incorporation; and

(e) The interest of other areas and adjacent local governments is not unreasonably

prejudiced by the incorporation.

(2) In determining whether the standards for incorporation have been met, the court

shall consider, but shall not be limited to the consideration of the following criteria:

(a) Whether the character of the territory is urban or rural;

(b) The ability of any existing city, county or district to provide needed services;

(c) Whether the territory and any existing city are interdependent or part of one

(1) community;

(d) The need for city services in the territory;

(e) The development scheme of applicable land-use plans;

(f) The area and topography of the territory; and

(g) The effect of the proposed incorporation on the population growth and

assessed valuation of the real property in the territory.

(3) Defense may be made to the petition by any inhabitant of the proposed city, and if

defense is made, the court shall hear and determine the same, and render a judgment

establishing or refusing to establish a city, as may seem proper.

(4) If the court renders judgment granting the petition, the order shall set out the name

of the city, a metes and bounds description of its boundaries, the population

contained therein, the form of government under which the city shall operate, and

the class to which the city shall be assigned by reason of its form of government as

set out in KRS 81.005. The order shall appoint the officers appropriate to the class

of the new city, who shall hold their respective offices until the next regular election

at which city officers are elected, at which time officers shall be elected by the

residents of the new city.

(5) Whenever any city shall be established in the manner above provided, the court

shall in the judgment direct the clerk of the court wherein such judgment is entered

to, not later than ten (10) days thereafter, certify a copy thereof to the Secretary of

State, whose duty it shall be to properly index and file the same as a permanent

record in his office.
KRS § 247.450 — KY Code / Title XXI / Chapter 247 / Section 247.450
247.450 Promotion of milk production and use in public interest
Status: in_force

247.450 Promotion of milk production and use in public interest.

It is declared to be in the interest of the public welfare that Kentucky farmers who are

producers of milk and milk products, shall be permitted and encouraged to act jointly and

in cooperation with all producers, handlers, dealers and processors of such products in

promoting and stimulating, by advertising, research and other methods, the increased

production, use and sale, domestic and foreign, of any and all of such agricultural

commodities.
KRS § 323A.200 — KY Code / Title XXVI / Chapter 323A / Section 323A.200
323A.200 Quorum
Status: in_force

323A.200 Quorum.

A quorum of the board shall consist of at least three (3) members. The concurring votes

of three (3) members shall be considered as the action of the board.
KRS § 212.628 — KY Code / Title XVIII / Chapter 212 / Section 212.628
212.628 Transfer of property to board of health -- Powers and duties of board
Status: in_force

212.628 Transfer of property to board of health -- Powers and duties of board.

(1) All real, personal, and mixed property belonging to the city-county board of health

or city-county department of health is hereby transferred to the board and the city-

county board of health or city-county department of health shall take all the

necessary and proper steps to effect the legal transfer of title and possession of all

such property to the board.

(2) When the board has been organized and all property transferred as provided under

subsection (1) of this section, the board may control, operate, or monitor all matters

within the county affecting public health including institutions established to

safeguard the public health which may encompass city or county medical facilities,

nursing homes, medical care of the indigent, and laboratories and clinics necessary

for the promotion of public health and environmental protection and which are

required or permitted under the provisions of any act of the General Assembly,

under any ordinances, orders, and resolutions of the legislative body of the county,

or under any rules or regulations promulgated by the Cabinet for Health and Family

Services, or by the board.
KRS § 241.260 — KY Code / Title XX / Chapter 241 / Section 241.260
241.260 Appeals from urban-county administrator's decision or order
Status: in_force

241.260 Appeals from urban-county administrator's decision or order.

Appeals from a decision or order of each urban-county administrator may be taken

to the board by filing a notice of appeal with the board within thirty (30) days after the

decision or order of the urban-county administrator is mailed or delivered by

personal service. The notice of appeal shall specify the urban-county administrator

by name and shall identify the decision or order, or part of the decision or order,

being appealed. The notice shall contain a certificate that a copy of the notice has

been served on the urban-county administrator and shall be accompanied by a copy

of the decision or order being appealed. Matters at issue shall be heard by the board

as upon an original proceeding. Appeals from decisions or orders of the

urban-county administrator shall be governed by KRS Chapter 13B.
KRS § 78.430 — KY Code / Title IX / Chapter 78 / Section 78.430
78.430 County judge/executive to certify information concerning personnel
Status: in_force

78.430 County judge/executive to certify information concerning personnel.

(1) Within ten (10) days after the creation of any board under KRS 78.400 to 78.460,

the county judge/executive shall certify to the board the names, rank, rate of pay, the

seniority of every officer and employee on the police force as of the effective date of

the fiscal court order creating the board.

(2) If there is a board in existence June 14, 1962, the county judge/executive shall

within thirty (30) days certify the chief and assistant chief to the board.
KRS § 248.719 — KY Code / Title XXI / Chapter 248 / Section 248.719
248.719 Center for Entrepreneurship
Status: in_force

248.719 Center for Entrepreneurship.

The board is authorized to establish a Center for Entrepreneurship to operate under the

Agricultural Entrepreneurship Program provided in KRS 248.717(1)(b). The duties of the

center shall include:

(1) Primarily identifying and coordinating with existing agencies in order to develop

and deliver entrepreneurial assistance. The center shall be primarily a clearinghouse

requiring little or no capital construction;

(2) Assisting local individuals and entities and regional and statewide entities in

developing and carrying out entrepreneurial efforts relating to agriculture; and

(3) Advising the Agricultural Development Board on the fiscal soundness and other

aspects of entrepreneurial proposals.
KRS § 13A.120 — KY Code / Title III / Chapter 13A / Section 13A.120
13A.120 Promulgation of administrative regulations -- Prohibitions concerning promulgations
Status: in_force

13A.120 Promulgation of administrative regulations -- Prohibitions concerning

promulgations.

(1) (a) An administrative body may promulgate administrative regulations to

implement a statute only when the act of the General Assembly creating or

amending the statute specifically authorizes the promulgation of

administrative regulations or administrative regulations are required by federal

law, in which case administrative regulations shall be no more stringent than

the federal law or regulations.

(b) An administrative body that promulgates an administrative regulation required

by federal law or federal regulation shall comply with the provisions of this

chapter.

(2) An administrative body shall not promulgate administrative regulations:

(a) When a statute prohibits the administrative body from promulgating

administrative regulations;

(b) When the administrative body is not authorized by statute to promulgate

administrative regulations;

(c) When a statute prohibits the administrative body from regulation of that

particular matter;

(d) When the administrative body is not authorized by statute to regulate that

particular matter;

(e) When a statute prescribes the same or similar procedure for the matter

regulated;

(f) When a statute sets forth a comprehensive scheme of regulation of the

particular matter;

(g) On any matter that is not clearly within the jurisdiction of the administrative

body;

(h) On any matter that is beyond the statutory authorization of the administrative

body to promulgate administrative regulations or that is not clearly authorized

by statute; and

(i) That modify or vitiate a statute or its intent.

(3) If a statute requires an administrative body or official to submit an administrative

regulation to an official or administrative body for review or approval prior to filing

the administrative regulation with the commission, the administrative body or

official shall not file the administrative regulation without first having obtained the

review or approval.

(4) Any administrative regulation in violation of this section or the spirit thereof is null,

void, and unenforceable.

(5) No administrative body, other than the Court of Justice, shall issue rules.

(6) No administrative body shall issue standards or by any other name issue a document

of any type where an administrative regulation is required or authorized by law.
KRS § 217.640 — KY Code / Title XVIII / Chapter 217 / Section 217.640
217.640 Jurisdiction vested in department -- Repealing clause
Status: repealed

217.640 Jurisdiction vested in department -- Repealing clause.

Jurisdiction in all matters pertaining to the distribution, sale and transportation of

pesticides is by KRS 217.542 to 217.640 vested exclusively in the department and all acts

and parts of acts inconsistent with KRS 217.542 to 217.640 are hereby expressly repealed

including the provisions of KRS 217.400 which cover economic poisons subject to KRS

217.542 to 217.640.
KRS § 27A.130 — KY Code / Title IV / Chapter 27A / Section 27A.130
27A.130 Compensation -- Expenses
Status: in_force

27A.130 Compensation -- Expenses.

Members of the Judicial Council shall receive no compensation for their services, but

shall be allowed their necessary expenses while on the business of the council. All claims

for expenses shall be approved by the Chief Justice of the Supreme Court or his designee

and shall be paid out of the State Treasury.
KRS § 403.660 — KY Code / Title XXXV / Chapter 403 / Section 403.660
403.660 Appropriateness of collaborative law process
Status: in_force

403.660 Appropriateness of collaborative law process.

Before a prospective party signs a collaborative law participation agreement, a

prospective collaborative lawyer shall:

(1) Assess with the prospective party factors the lawyer reasonably believes relate to

whether a collaborative law process is appropriate for the prospective party’s

matter;

(2) Provide the prospective party with information that the lawyer reasonably believes

is sufficient for the party to make an informed decision about the material benefits

and risks of a collaborative law process as compared to the material benefits and

risks of other reasonably available alternatives for resolving the proposed

collaborative matter, such as litigation, mediation, arbitration, or expert evaluation;

and

(3) Advise the prospective party that:

(a) After signing an agreement, if a party initiates a proceeding or seeks court

intervention in a pending proceeding related to the collaborative matter, the

collaborative law process terminates;

(b) Participation in a collaborative law process is voluntary and any party has the

right to unilaterally terminate a collaborative law process with or without

cause; and

(c) The collaborative lawyer and any lawyer in a law firm with which the

collaborative lawyer is associated may not appear before a court to represent a

party in a proceeding related to the collaborative matter, except as authorized

by KRS 403.650(3), 403.652(2), or 403.654(2).
KRS § 416.220 — KY Code / Title XXXVII / Chapter 416 / Section 416.220
416.220 Owner of real estate providing public sleeping accommodations and meals -- Condemnation for water supply -- Furnishing of water to owner of property condemned
Status: in_force

416.220 Owner of real estate providing public sleeping accommodations and meals

-- Condemnation for water supply -- Furnishing of water to owner of property

condemned.

(1) The owner of real estate serving the public, providing sleeping accommodations and

meals, when pure water is not available in adequate quantities, shall have the right

to condemn on the banks of any navigable stream a tract of land not more than

twenty (20) feet square and above the high water mark for a pumping station site

and a right-of-way for a pipeline from said site to the deep water of the navigable

stream and from said pumping station site to the point on the owner's real estate

where the water is desired for use. The said property owner may condemn a right-

of-way for an electric power line over the most direct course to the pumping station

site. In the event the owner of such real estate finds it more desirable to make

connections with the water system of a municipality or a water supply line leading

from a navigable stream to the municipality or other source of supply, then said real

estate owner may, at his option, condemn a right-of-way for a pipeline from said

city water system or water supply line or other source of supply to the point on the

owner's real estate where the water is desired for use, including such area as may be

required to install and maintain pumps and meters for said water system and an

electric line to conduct power to said pump with necessary electric control lines or

apparatus. The owner of property condemning right-of-way for a water line under

this section, may agree to supply the subject owner a quantity of water in lieu of

cash compensation for the easement, and such agreement to supply water to the

subject property owner shall not be construed to place a burden on the condemning

party to supply water service to others or meet the obligation of a public utility to

render water service.

(2) The provisions of KRS 381.660, 381.670, and 381.680 shall be complied with

except that when the pumping station site and pipeline are located on cliff land and

do not cross any tillable land the pumps and pipe may be located above ground.

(3) The procedure for condemnation shall be that set forth in the Eminent Domain Act

of Kentucky.
KRS § 67A.892 — KY Code / Title IX / Chapter 67A / Section 67A.892
67A.892 Insufficiency of lump-sum payments and bonds
Status: in_force

67A.892 Insufficiency of lump-sum payments and bonds.

If, by reason of miscalculation or the happening of unforeseen events or conditions, the

total proceeds of the lump-sum payments and bonds authorized by the ordinance of bond

authorization should prove to be insufficient to provide for the completion of the project

and the payment in full of all costs thereof, the urban-county government shall be

responsible for any such deficiency.
KRS § 363.570 — KY Code / Title XXIX / Chapter 363 / Section 363.570
363.570 Director's bond
Status: in_force

363.570 Director's bond.

A bond, with sureties, to be approved by the Secretary of State, and conditioned upon the

faithful performance of his duties and the safekeeping of any standards or equipment

entrusted to his care, shall forthwith, upon his appointment, be given by the director in the

penal sum of $5,000.
KRS § 335.340 — KY Code / Title XXVI / Chapter 335 / Section 335.340
335.340 Renewal of licensure -- Suspended or revoked license -- Continuing education
Status: in_force

335.340 Renewal of licensure -- Suspended or revoked license -- Continuing

education.

(1) Licensure issued under KRS 335.330 shall be renewed annually upon payment of a

fee to be established by administrative regulation promulgated by the board not to

exceed one hundred fifty dollars ($150).

(2) On January 1, 1999, all persons authorized to use the title "certified marriage and

family therapist" shall be deemed "licensed marriage and family therapists" until the

date of their second annual license renewal. As of that date, each formerly certified

licensee seeking license renewal shall provide the board with verification of

education or experience relating to psychopathology, as determined by

administrative regulations promulgated by the board, to include:

(a) Coursework in psychopathology;

(b) Supervised experience with a focus on diagnosis; or

(c) Completion of equivalent continuing education units relating to

psychopathology.

This subsection shall not apply to license renewals for those persons also licensed

or certified by another mental health profession which authorizes diagnosis within

its scope of practice.

(3) A ninety (90) day grace period shall be granted during which time licensees may

continue to practice and may renew their licenses upon payment of the renewal fee

plus a late renewal fee as promulgated by administrative regulation of the board.

Any license not renewed during this period shall expire. The board may reinstate an

expired license within three (3) years of its expiration date upon payment of the

renewal fee and satisfaction of other requirements.

(4) A suspended license is subject to expiration and termination and shall be renewed

as provided in this chapter. Renewal shall not entitle the licensee to engage in the

practice of marriage and family therapy until the suspension has ended, or is

otherwise removed by the board and the right to practice is restored by the board.

(5) A revoked license is subject to expiration or termination but may not be renewed. If

it is reinstated, the licensee shall pay the renewal fee as set forth in subsection (1) of

this section.

(6) A person who fails to reinstate his or her license within three (3) years of its

termination may not have it renewed, restored, reissued, or reinstated. A person may

apply for and obtain a new license by meeting the current requirements of this

chapter.

(7) The board shall require that a person applying for renewal or reinstatement of

licensure show evidence of completion of continuing education as prescribed by the

board by administrative regulations, not to exceed twenty (20) clock hours per

renewal period.
KRS § 388.380 — KY Code / Title XXXIII / Chapter 388 / Section 388.380
388.380 Application of other laws
Status: repealed

388.380 Application of other laws.

All laws or parts of laws relating to beneficiaries of the Veterans Affairs inconsistent

with this chapter are hereby repealed. Except where inconsistent with this chapter,

the general guardianship laws of this state and the laws establishing the practice in

such matters including rights of appeal, shall be applicable to such beneficiaries and

their estates.
KRS § 30A.090 — KY Code / Title IV / Chapter 30A / Section 30A.090
30A.090 Collection of fees or charges
Status: in_force

30A.090 Collection of fees or charges.

(1) Unless the plaintiff has established his right to prosecute as a poor person as

provided by statute or rule, each clerk shall, when a proceeding is filed in his court,

collect the filing fee fixed by law. He shall also collect any charges which have

accrued during the progress of the action.

(2) The clerk shall collect all other fees required by law or court rule or order.
KRS § 335.130 — KY Code / Title XXVI / Chapter 335 / Section 335.130
335.130 License renewal -- Fees -- Waiver
Status: in_force

335.130 License renewal -- Fees -- Waiver.

(1) Each certified social worker, licensed social worker and licensed clinical social

worker shall renew his license every three (3) years, and shall pay the board a

renewal fee as established by the board by promulgation of an administrative

regulation.

(2) Licensees whose licenses are renewed by the board shall be issued a renewal

license.

(3) Renewal fees shall be waived for any licensee actually serving in the Armed Forces

of the United States. The waiver shall be effective for six (6) months following

honorable discharge, separation, or release from the Armed Forces, after which

period a license shall be considered lapsed.

(4) The board may, at its discretion, require continuing education as a condition of

license renewal.

(5) If the board requires continuing education as authorized in subsection (4), the

continuing education requirements for each licensed social worker and each

licensed clinical social worker shall include one and one-half (1.5) hours of

continuing education approved by the board and covering the recognition and

prevention of pediatric abusive head trauma, as defined in KRS 620.020, at least

one (1) time every six (6) years. The one and one-half (1.5) hours of continuing

education required under this section shall be included in the current number of

required continuing education hours.
KRS § 56.030 — KY Code / Title VII / Chapter 56 / Section 56.030
56.030 State, when made grantee or lessee of land
Status: in_force

56.030 State, when made grantee or lessee of land.

(1) Except as provided in KRS 177.060, 177.070 and 183.120, the Commonwealth

shall be named as the grantee of any land given or devised to the state, or partly or

wholly paid for out of state funds, and of any land or interest in land conveyed to it

or for its use or for the use of any of its agencies or officers.

(2) Except as provided in KRS 183.120, the Commonwealth shall be named as the

lessee in all leases for governmental purposes or for the use of the state.
KRS § 158.440 — KY Code / Title XIII / Chapter 158 / Section 158.440
158.440 Legislative findings on school safety and order
Status: in_force

158.440 Legislative findings on school safety and order.

The General Assembly finds that:

(1) Every student should have access to a safe, secure, and orderly school that is

conducive to learning;

(2) All schools and school districts must have plans, policies, and procedures dealing

with measures for assisting students who are at risk of academic failure or of

engaging in disruptive and disorderly behavior; and

(3) State and local resources are needed to enlarge the capacities for research, effective

programming, and program evaluation that lead to success in addressing safety and

discipline within the schools.