FrankGoortani/open-us-law huggingface dataset:
KRS § 314.145 — KY Code / Title XXVI / Chapter 314 / Section 314.145
314.145 Dialysis Technician Advisory Council
Status: in_force

314.145 Dialysis Technician Advisory Council.

(1) There is hereby created, under the Board of Nursing, the Dialysis Technician

Advisory Council, which shall advise the board regarding qualifications, standards

for training, competency determination of dialysis technicians, and all other matters

related to dialysis technicians.

(2) The council shall be appointed by the board and shall consist of:

(a) One (1) member of the board, who shall serve as chair of the council;

(b) Three (3) dialysis technicians; and

(c) Three (3) nurses who regularly perform dialysis and care for patients who

receive dialysis.

(3) The board may solicit nominations for the council from interested parties or

organizations.

(4) The board shall specify the terms for the council members. Members shall serve at

the discretion of the board and shall receive reimbursement for their actual and

necessary expenses incurred in the performance of their official duties.
KRS § 37.220 — KY Code / Title V / Chapter 37 / Section 37.220
37.220 Drill -- Parades -- Ceremonies -- Privileges
Status: in_force

37.220 Drill -- Parades -- Ceremonies -- Privileges.

Companies and other units of the Kentucky active militia are hereby authorized to drill, to

parade and to have all other ceremonies, privileges and rights in regard to such matters,

within the state, as is authorized by law for the National Guard.
KRS § 217.660 — KY Code / Title XVIII / Chapter 217 / Section 217.660
217.660 Definitions for KRS 217.650 to 217.710
Status: in_force

217.660 Definitions for KRS 217.650 to 217.710.

As used in KRS 217.650 to 217.710 unless the context indicates otherwise:

(1) "Secretary" means the secretary for health and family services;

(2) "Cabinet" means the Cabinet for Health and Family Services;

(3) "Person" includes any individual, partnership, corporation, firm, or association;

(4) "Hazardous substance" means any substance or mixture of substances which is:

(a) "Toxic" and has the inherent capacity to produce bodily injury to man through

ingestion, inhalation, or absorption through any body surface, including toxic

substances which are poisonous;

(b) "Corrosive" on contact with living tissue causing substantial destruction of

tissue by chemical action, but does not refer to action on inanimate surfaces;

(c) "Irritant" and not corrosive within the meaning of paragraph (b), which on

immediate, prolonged, or repeated contact with normal living tissue will

induce a local inflammatory reaction;

(d) "Strong sensitizer" and will cause on normal living tissue through an allergic

or photodynamic process a hypersensitivity which becomes evident on

reapplication of the same substance and which is designated as such by the

secretary;

(e) "Flammable" with a flashpoint of eighty (80) degrees Fahrenheit or below;

(f) "Radioactive" as a result of disintegration of unstable atomic nuclei and emits

energy;

(g) Capable of generating pressure through decomposition, heat, or other means;

(h) Capable of causing substantial personal injury or illness during any customary

or reasonably anticipated handling or use; and

(5) "Label" means a display of written, printed, or graphic matter upon the immediate

container of any substance, or that is easily legible through the outside container or

wrapper.
KRS § 278.210 — KY Code / Title XXIV / Chapter 278 / Section 278.210
278.210 Examination and testing of meters and meter-testing devices
Status: in_force

278.210 Examination and testing of meters and meter-testing devices.

(1) The commission may provide instruments for, and carry on, the examination and

testing of any meter or appliance used to measure the product or service of any

utility, and the examination and testing of any instrument used by a utility to test the

accuracy of any meter or appliance used to measure its products or services.

(2) Any patron of a utility may, upon request and payment of the fees fixed by the

commission, have a test made of the meter or appliance by which his use of the

products or services of the utility is measured.

(3) The commission may establish reasonable fees for testing such meters and

appliances at the request of a patron of a utility. If the appliance is found to be

commercially defective or inaccurate to the extent of more than two percent (2%) to

the disadvantage of the patron, the fees shall be repaid to the patron and paid by the

utility.

(4) If a utility demonstrates through sample testing that no statistically significant

number of its meters over-register above the limits set out in subsection (3) of this

section, the meter testing frequency shall be that which is determined by the utility

to be cost effective. This determination by the utility shall be based on established

scientific, engineering, and economic methods and shall be documented in an

application properly filed with the commission.
KRS § 273.443 — KY Code / Title XXIII / Chapter 273 / Section 273.443
273.443 Use of federal funds
Status: in_force

273.443 Use of federal funds.

(1) Any funds made available under the federal act shall be used by each grantee of the

funds:

(a) To provide a range of services and activities having a measurable and

potentially major impact on causes of poverty in the community or those areas

of the community where poverty is a particularly acute problem;

(b) To provide activities designed to assist low-income participants including the

elderly poor:

1. To secure and retain meaningful employment;

2. To attain an adequate education;

3. To access adequate health care;

4. To make better use of available income;

5. To obtain and maintain adequate housing and a suitable living

environment;

6. To obtain emergency assistance through loans or grants to meet

immediate and urgent individual and family needs, including the need

for health services, nutritious food, housing and employment related

assistance;

7. To remove obstacles and solve problems which block the achievement

of self-sufficiency;

8. To achieve greater participation in the affairs of the community; and

9. To make more effective use of other programs related to the purposes of

KRS 273.405 to 273.453;

(c) To coordinate and establish linkages between governmental and other social

programs to assure the effective delivery of such services to low-income

individuals;

(d) To encourage the use of entities in the private sector of the community in

efforts to ameliorate poverty in the community;

(e) To develop, promote or otherwise encourage economic development activities

which result in assisting low-income persons to become economically

productive members of their community;

(f) To provide education, counseling and technical assistance on compliance with

equal opportunity legislation for individuals and community organizations,

both public and private.

(2) In addition to required services and activities to be provided with funds made

available under the federal act, these funds may be used to provide on an emergency

basis for the provision of such supplies and services to meet immediate essential

needs of low-income persons including the elderly poor.
KRS § 95.857 — KY Code / Title IX / Chapter 95 / Section 95.857
95.857 Withdrawal from service
Status: in_force

95.857 Withdrawal from service.

Any member who withdraws from service prior to age 50 years after having completed at

least 20 years of total service, and who does not accept a refund of contributions, shall

receive, upon application, a certificate entitling him to a service retirement annuity upon

his attainment of age 50, and specifying the amount of the annuity earned and accrued at

the date of withdrawal from service.
KRS § 141.072 — KY Code / Title XI / Chapter 141 / Section 141.072
141.072 Designation of party -- Certification and remittance to state and county party organizations
Status: reserved

141.072 Designation of party -- Certification and remittance to state and county

party organizations.

The designation for a political party shall appear on the face of the individual income tax

return. Fifty cents ($0.50) of any designation pursuant to KRS 141.071 shall be reserved

for remittance to the appropriate official of the local governing authority of the designated

political party within the taxpayer's resident county. The remainder of the designation

shall be reserved for remittance to the appropriate official of the state governing authority

of the designated political party. The commissioner of the Department of Revenue shall

annually certify by December 1 all such designated amounts to be paid by the State

Treasurer, and the Treasurer shall annually remit by the following January 1 such funds to

the appropriate official of the state and local governing authorities of the designated

political party.
KRS § 262.110 — KY Code / Title XXI / Chapter 262 / Section 262.110
262.110 Hearing on creation of district -- Matters to be considered
Status: in_force

262.110 Hearing on creation of district -- Matters to be considered.

(1) Within thirty (30) days after a petition has been filed with the commission under

KRS 262.100, it shall cause due notice to be given of a proposed hearing upon the

questions of the desirability and necessity, in the interest of the public health, safety

and welfare, of the creation of the district; of the appropriate boundaries to be

assigned to the district; of the propriety of the petition and other proceedings taken

under this chapter, and upon all questions relevant to such inquiries. All owners and

occupiers of land within the limits of the territory described in the petition and of

lands within any territory considered for addition to the described territory, and all

other interested parties may attend the hearing and be heard.

(2) If it appears upon the hearing that it may be desirable to include within the proposed

district territory outside of the area within which due notice of the hearing has been

given, the hearing shall be adjourned, due notice of further hearing shall be given

throughout the entire area considered for inclusion in the district and a further

hearing shall be held. After that hearing, if the commission determines, upon the

facts presented at the hearing and upon other available relevant information, that

there is need, in the interest of the public health, safety and welfare, for a district to

function in the territory considered at the hearing, it shall make and record the

determination, and shall define, by metes and bounds or by legal subdivisions, the

boundaries of the district.

(3) In making the determination and in defining the boundaries, the commission shall

give weight and consideration to the topography of the area considered and that of

the state; the composition of soils; the distribution of erosion; the prevailing land-

use practices; the desirability and necessity of including within the boundaries the

particular lands under consideration and the benefits those lands may receive from

being included within the boundaries; the relation of the proposed area to existing

watersheds and agricultural regions and to other districts already organized or

proposed for organization under this chapter; and other relevant physical,

geographical and economic factors, having regard to the legislative determinations

set forth in KRS 262.020. The territory to be included within the boundaries need

not be contiguous. If the commission determines after the hearing, after

consideration of the relevant facts, that there is no need for a district to function in

the territory considered at the hearing, it shall make and record the determination

and shall deny the petition.
KRS § 183.123 — KY Code / Title XV / Chapter 183 / Section 183.123
183.123 Declaration of public purposes of governmental actions in the field of aviation
Status: in_force

183.123 Declaration of public purposes of governmental actions in the field of

aviation.

The acquisition of any lands for the purpose of establishing airports or other air

navigation facilities; the acquisition of any airport protection privileges; the acquisition,

establishment, construction, enlargement, improvement, maintenance, equipping, and

operation of airports and other air navigation facilities, whether by the state separately or

jointly with any governmental unit thereof or air board; the assistance of the state in any

such acquisition, establishment, construction, enlargement, improvement, maintenance,

equipping and operation; and the exercise of any other powers of the cabinet as set out in

this chapter, including the zoning of land in and around air facilities, are hereby declared

to be public and governmental functions exercised for a public purpose, and matters of

public necessity, and such lands and other property and privileges acquired, zoned and

used in the manner and for the purposes enumerated in this chapter shall and are hereby

declared to be acquired, zoned and used for public and governmental purposes and as a

matter of public necessity.
KRS § 164.7877 — KY Code / Title XIII / Chapter 164 / Section 164.7877
164.7877 Kentucky educational excellence scholarship trust fund -- Funding sources, including lottery revenues
Status: in_force

164.7877 Kentucky educational excellence scholarship trust fund -- Funding

sources, including lottery revenues.

(1) There is established in the State Treasury a permanent and perpetual fund to be

known as the "Wallace G. Wilkinson Kentucky Educational Excellence Scholarship

Trust Fund" to which shall be credited net lottery revenues transferred in accordance

with KRS 154A.130; gifts; bequests; endowments; grants from the United States

government, its agencies, and instrumentalities; and funds received from any other

sources, public or private.

(2) The moneys in the fund are hereby continuously appropriated only for the purposes

set forth in KRS 164.7871 to 164.7885 and KRS 164.7889.

(3) The authority shall administer the Kentucky educational excellence scholarship trust

fund.
KRS § 320.400 — KY Code / Title XXVI / Chapter 320 / Section 320.400
320.400 Statutory construction
Status: in_force

320.400 Statutory construction.

Nothing in this chapter shall interfere with the professional activities of any optometrist

licensed by the Kentucky Board of Optometric Examiners, or prevent him from keeping

any pharmaceutical agent that he may need and is authorized to use in his practice.
KRS § 299.400 — KY Code / Title XXV / Chapter 299 / Section 299.400
299.400 Collection and use of membership or policy fees -- Levy and collection of assessments
Status: in_force

299.400 Collection and use of membership or policy fees -- Levy and collection of

assessments.

(1) Any company may collect such membership fees or policy fees as are provided for

in its bylaws, and any portion of the fees not expended for agents' commissions and

the expenses of writing insurance shall be placed in the reserve fund of the

company.

(2) The directors or executive committee of the company may declare, levy and issue

assessments in such amounts and at such times as in their judgment is for the best

interests of the company. When the reserve fund equals one and one-half percent

(1.5%) of the insurance in force against fire, and two and one-half percent (2.5%) of

the insurance in force against windstorm, and one-half of one percent (0.5%) of the

insurance in force against any other hazard, then no assessment shall be made for a

greater sum than the amount of losses and expenses sustained and accrued since the

last previous assessment was issued. All assessments shall be made pro rata upon

all property at such time insured, according to its classification.

(3) If at any time the total liabilities of a company exceed its actual cash assets to an

amount equal to fifty cents ($0.50) for each one hundred dollars ($100) of insurance

held by the company, the secretary shall notify the officer whose duty it is to call a

meeting of the directors or executive committee, and that officer shall immediately

call the directors or executive committee in session. The directors or executive

committee shall, within thirty (30) days, declare, levy and issue an assessment

sufficient to pay all the liabilities of the company that are in excess of its actual cash

assets.
KRS § 205.8453 — KY Code / Title XVII / Chapter 205 / Section 205.8453
205.8453 Responsibility for control of fraud and abuse
Status: in_force

205.8453 Responsibility for control of fraud and abuse.

It shall be the responsibility of the Cabinet for Health and Family Services and the

Department for Medicaid Services to control recipient and provider fraud and abuse by:

(1) Informing recipients and providers as to the proper utilization of medical services

and methods of cost containment;

(2) Establishing appropriate checks and audits within the Medicaid Management

Information System to detect possible instances of fraud and abuse;

(3) Sharing information and reports with other departments within the Cabinet for

Health and Family Services, the Office of the Attorney General, and any other

agencies that are responsible for recipient or provider utilization review; and

(4) Instituting other measures necessary or useful in controlling fraud and abuse.
KRS § 248.280 — KY Code / Title XXI / Chapter 248 / Section 248.280
248.280 Storage warehouseman to grade and weigh tobacco -- Receipts
Status: in_force

248.280 Storage warehouseman to grade and weigh tobacco -- Receipts.

(1) Any person engaged in the business of warehouseman for the purpose of receiving,

grading, handling, prizing and storing tobacco, shall, upon the receipt of tobacco,

have competent persons to grade it into distinct and proper grades and weigh it. He

shall give a warehouse receipt for the tobacco to the owner or consignor, setting

forth each grade and the number of pounds.

(2) After complying with subsection (1) the warehouseman may commingle all tobacco

so received into like grades and types.
KRS § 45A.145 — KY Code / Title VI / Chapter 45A / Section 45A.145
45A.145 Multiyear contracts
Status: in_force

45A.145 Multiyear contracts.

(1) Unless otherwise provided in the statute making appropriations therefor, multiyear

contracts for supplies and services may be entered into for periods not extending

beyond the end of the biennium in which the contract was made, if funds for the

first fiscal year of the contemplated contract are available at the time of contracting.

Payment and performance obligations for succeeding fiscal years shall be subject to

the availability of funds therefor.

(2) Prior to the utilization of a contract as described in subsection (1) of this section, it

shall be determined in writing by the chief purchasing officer:

(a) That estimated requirements cover the period of the contract and are

reasonably firm and continuing; and

(b) That such contract will serve the best interests of the Commonwealth by

encouraging effective competition or otherwise promoting economies in state

procurement.

(3) When funds are not appropriated or otherwise made available to support

continuation of performance in a subsequent year of a contract as described in

subsection (1) of this section, the contract for such subsequent year may be canceled

and the contractor shall be reimbursed for the reasonable value of any nonrecurring

costs incurred but not amortized in the price of the supplies or services delivered

under the contract. The cost of cancellation may be paid from:

(a) Appropriations currently available for performance of the contract; or

(b) Appropriations currently available for procurement of similar supplies or

services and not otherwise obligated; or

(c) Appropriations made specifically for the payment of such cancellation costs.
KRS § 324.170 — KY Code / Title XXVI / Chapter 324 / Section 324.170
324.170 Hearing to precede any disciplinary action -- Notice -- Conduct of hearing
Status: in_force

324.170 Hearing to precede any disciplinary action -- Notice -- Conduct of hearing.

(1) The commission shall, before denying an application for license or before ordering

any disciplinary action against a licensee, order a hearing. The hearing shall be

conducted in accordance with the provisions of KRS Chapter 13B. If the applicant

or licensee is a sales associate, the commission shall also notify the principal broker

of the hearing by mailing notice by certified mail, return receipt requested, to the

broker's last known business address. The commission shall order the presence of

the principal broker or his or her designated representative at the hearing.

(2) All hearings shall be conducted by a quorum of the commission or by a hearing

officer appointed by the commission. Hearing officers shall not order any

disciplinary action against a licensee. The function of hearing officers appointed to

conduct hearings shall be to preside at the hearing and to prepare a recommended

order to be submitted to the commission.

(3) If any licensee is alleged to have committed an escrow account violation that

warrants emergency action, the commission may conduct an emergency hearing as

authorized by KRS 324.150(1)(b).
KRS § 446.120 — KY Code / Title XLI / Chapter 446 / Section 446.120
446.120 References to sections, subsections, and paragraphs -- Citation of Acts of General Assembly
Status: in_force

446.120 References to sections, subsections, and paragraphs -- Citation of Acts of

General Assembly.

(1) "KRS" may be used as an abbreviation of "Kentucky Revised Statutes."

(2) Wherever in the statute laws of this state a reference is made to several sections and

the section numbers given in the reference are connected by the word "to," the

reference includes both the sections whose numbers are given and all intervening

sections.

(3) Wherever in the Kentucky Revised Statutes a reference is made to a subsection

without stating the section of which the subsection referred to is a part, the reference

is to the subsection of the section in which the reference is made.

(4) Wherever in the Kentucky Revised Statutes a reference is made to a paragraph

without stating the section and subsection of which the paragraph referred to is a

part, the reference is to the paragraph of the subsection in which the reference is

made.

(5) Material in the official edition of the Acts of the General Assembly shall be cited in

the following manner:

(a) For acts of regular sessions, 19xx Ky. Acts ch. xxx, sec. xxx, e.g., 1990 Ky.

Acts ch. 476, sec. 1; and

(b) For acts of extraordinary sessions, 19xx (xxx Extra. Sess.) Ky. Acts ch. xxx,

sec. xxx, e.g., 1991 (2d Extra. Sess.) Ky. Acts ch. 5, sec. 101.
KRS § 381.190 — KY Code / Title XXXII / Chapter 381 / Section 381.190
381.190 Sale of realty by trustee by virtue of pledge or deed of trust
Status: in_force

381.190 Sale of realty by trustee by virtue of pledge or deed of trust.

No sale of real estate by a trustee, by virtue of a pledge or deed of trust to secure the

payment of debts, shall be valid or pass the title of the property specified in the deed or

pledge, unless the sale is in pursuance to a judgment of court, or is made by an assignee

under a voluntary deed of assignment, or unless the maker of the deed or pledge joins in a

writing evidencing the sale.
KRS § 365.888 — KY Code / Title XXIX / Chapter 365 / Section 365.888
365.888 Preservation of secrecy
Status: in_force

365.888 Preservation of secrecy.

In an action under KRS 365.880 to 365.900, a court shall preserve the secrecy of an

alleged trade secret by reasonable means, which may include granting protective orders in

connection with discovery proceedings, holding in-camera hearings, sealing the records

of the action, and ordering any person involved in the litigation not to disclose an alleged

trade secret without prior court approval.