FrankGoortani/open-us-law huggingface dataset:
KRS § 233.110 — KY Code / Title XIX / Chapter 233 / Section 233.110
233.110 Proceeds of sale to pay costs of action -- Residue to defendant
Status: in_force

233.110 Proceeds of sale to pay costs of action -- Residue to defendant.

Proceeds of the sale of the personal property, as provided in KRS 233.100, shall be

applied in the payment of the costs of the action and abatement, and the balance, if any,

shall be paid to the defendant.
KRS § 406.091 — KY Code / Title XXXV / Chapter 406 / Section 406.091
406.091 Ratification of unchallenged acknowledgment of paternity -- Genetic tests to include tests for inherited characteristics -- Appointment of examiner of genetic markers -- Genetic testing in contested paternity case -- Admissibility of test results -- Additional tests -- Costs
Status: in_force

406.091 Ratification of unchallenged acknowledgment of paternity -- Genetic tests

to include tests for inherited characteristics -- Appointment of examiner of

genetic markers -- Genetic testing in contested paternity case -- Admissibility

of test results -- Additional tests -- Costs.

(1) An unchallenged acknowledgment of paternity shall be ratified under KRS Chapter

213 without the requirement for judicial or administrative proceedings. If a genetic

test is required, the court shall direct that inherited characteristics be determined by

appropriate testing procedures, and shall appoint an expert qualified as an examiner

of genetic markers to analyze and interpret results and to report to the court.

(2) In a contested paternity case, the child and all other parties shall submit to genetic

testing upon a request of any such party which shall be supported by a sworn

statement of the party, except for good cause.

(3) Genetic test results are admissible and shall be weighed along with other evidence

of the alleged father's paternity.

(4) Any objection to genetic testing results shall be made in writing to the court within

twenty (20) days of receipt of genetic test results. If the results of genetic tests or

the expert's analysis of inherited characteristics is disputed, the court, upon

reasonable request of a party, shall order that an additional test be made by the same

laboratory or independent laboratory at the expense of the party requesting

additional testing. If no objection is made, the test results are admissible as

evidence of paternity without the need for foundation testimony or other proof of

authenticity or accuracy.

(5) Verified documentation of the chain of custody in transmitting the blood specimens

is competent evidence to establish the chain of custody.

(6) A verified expert's report shall be admitted at trial unless the expert is called by a

party or the court as a witness to testify to his or her findings.

(7) Except where the Office of the Attorney General administratively orders genetic

testing, all costs associated with genetic testing shall be paid by the party who

requested that the action be brought pursuant to KRS 406.021.

(8) When administratively ordered, the Office of the Attorney General shall pay the

cost of genetic testing to establish paternity, subject to recoupment from the alleged

father when paternity is established. The Office of the Attorney General shall obtain

additional testing in any case if an original test is contested, upon request and

advance payment by the contestant.
KRS § 403A.107 — KY Code / Title XXXV / Chapter 403A / Section 403A.107
403A.107 General consideration in custody proceeding of parent's military service
Status: in_force

403A.107 General consideration in custody proceeding of parent's military service.

In a proceeding for custodial responsibility of a child of a service member, a court may

not consider a parent's past deployment or possible future deployment in itself in

determining the best interest of the child but may consider any significant impact on the

best interest of the child of the parent's past or possible future deployment.
KRS § 382.350 — KY Code / Title XXXII / Chapter 382 / Section 382.350
382.350 Removal of property from land covered by lien
Status: in_force

382.350 Removal of property from land covered by lien.

Any person who, with actual or constructive notice of a recorded real property mortgage

or vendor's lien, and without the written consent of the record holder thereof, purchases,

severs or removes from the land covered by the mortgage or lien, any standing timber,

buildings, minerals, or improvements in the nature of fixtures real, covered by and

included in the mortgage or lien, and who converts such property to his own use, shall

take such property subject to the mortgage or vendor's liens, and the respective priorities

thereof, and shall be liable to the holders of the mortgages or liens for a return of such

property or for the reasonable market value thereof at the time of the purchase or

severance or removal and conversion thereof at the option of the holder of the mortgage

or lien. But no holder of a mortgage or a vendor's lien shall recover more than the amount

of the indebtedness secured by his mortgage or vendor's lien, and any amount recovered

by the holder of the mortgage or vendor's lien shall be credited on the indebtedness

secured thereby.
KRS § 390.130 — KY Code / Title XXXIII / Chapter 390 / Section 390.130
390.130 Intent to exercise -- After-acquired power
Status: in_force

390.130 Intent to exercise -- After-acquired power.

Unless the terms of the instrument exercising a power of appointment manifest a contrary

intent:

(1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise

clause extends to a power acquired by the powerholder after executing the

instrument containing the clause; and

(2) If the powerholder is also the donor of the power, the clause does not extend to the

power unless there is no gift-in-default clause or it is ineffective.
KRS § 97.425 — KY Code / Title IX / Chapter 97 / Section 97.425
97.425 "Park property" defined
Status: in_force

97.425 "Park property" defined.

The term "park property" as used in KRS 97.425 to 97.485 shall be liberally construed,

and includes all parks, squares, and areas of land within the management of the city; all

buildings, structures, improvements, seats, benches, fountains, trees, plants, herbage,

flowers, and other things thereon and the inclosures of same; all shade trees on street or

thoroughfares, resting places, watering stations, playgrounds necessary and incidental to

such public parks and property, parade grounds, and the like; all connecting parkways and

roads or drives between parks, all avenues, roads, ways, drives, walks, with all trees,

shrubbery, vines, flowers, and ornaments of any description; all birds, animals, or

curiosities or objects of interest or instruction placed in or on any such inclosures, ways,

parkways, roads, or places; all maintenance and construction equipment, recreation

supplies, and facilities, and any interest or right which the city is able to exercise.
KRS § 220.587 — KY Code / Title XVIII / Chapter 220 / Section 220.587
220.587 Financing methods temporarily inadequate -- Procedure -- Contracts
Status: in_force

220.587 Financing methods temporarily inadequate -- Procedure -- Contracts.

(1) If the district finds as a fact that the methods of financing sewer facilities within a

construction subdistrict provided for in KRS 220.553 to 220.613 will be inadequate,

uneconomic, or unduly burdensome to the residents to be initially served, the

district may contract with one (1) or more persons to construct or cause to be

constructed a sewer system within the construction subdistrict or to advance or loan

money to the district for the construction of a sewer system within the construction

subdistrict. The sewer system constructed will be the property of the construction

subdistrict and will be a construction subdistrict facility. When the district finds that

one (1) or more financing methods for construction subdistricts established by KRS

220.553 to 220.613, excluding this section, have become feasible, the district may

adopt such method or methods to raise the money to pay for the construction of

sewer facilities within the construction subdistrict or to pay the loan.

(2) The contract may be made prior to the making of an order establishing the

construction subdistrict. The contract may require that one (1) or more persons

agree to buy construction subdistrict bonds to be issued pursuant to KRS 220.577 in

an amount specified, which shall be sufficient to finance the construction of the

sewer system. The maximum price and yield of the bonds shall be stated in the

contract. Such contract shall not prevent the district from selling the bonds to a

lower bidder.

(3) All contracts made pursuant to this section shall be in writing and shall contain a

covenant that this section shall prevail over any contrary feature of the contract.

(4) The General Assembly declares that the public policy of the Commonwealth will

not be offended merely because a contract or loan made pursuant to this section is

privately negotiated or because it is made without competitive bidding.

(5) Bonds sold to one (1) or more contracting parties pursuant to subsection (2) shall be

endorsed to disclose the nature of the sale. Such bonds, no matter who the holder or

owner, shall never be eligible to have any payment made on their account pursuant

to KRS 220.593(6).
KRS § 277.080 — KY Code / Title XXIV / Chapter 277 / Section 277.080
277.080 Railroad company may transport by motor vehicle and by air
Status: in_force

277.080 Railroad company may transport by motor vehicle and by air.

Any railroad company may engage in the business of a common carrier for the

transportation of persons and property by motor vehicles operated upon the highways and

by airplanes in the air, and may purchase or lease the property, rights and franchises of

any person engaged in transportation of persons or property by motor vehicle or by

airplane, and may acquire the capital stock of any corporation engaged in such

transportation, or make any agreement or arrangement, not inconsistent with laws, with

any person engaged or authorized to engage in such transportation. All railroad

companies exercising the powers granted by this section shall, in their operation of motor

vehicles, be deemed common carriers by motor vehicle, and shall be subject to all the

laws of this state applicable to such motor carriers.
KRS § 318.136 — KY Code / Title XXVI / Chapter 318 / Section 318.136
318.136 Trust and agency fund
Status: in_force

318.136 Trust and agency fund.

All license fees, permit and inspection fees and charges, and other moneys collected by

the department, under the provisions of this chapter and the rules and regulations of the

department adopted hereunder, shall be paid into the State Treasury and credited to a trust

and agency fund to be used by the department in carrying out the provisions of this

chapter. No part of this fund shall revert to the general fund of the Commonwealth. All

moneys held in a trust and agency fund or other fund to the credit of the department for

the administration and enforcement of this chapter on June 16, 1960, are hereby

transferred to the trust and agency fund herein created.
KRS § 186.245 — KY Code / Title XVI / Chapter 186 / Section 186.245
186.245 Posting of notice about 2006 increases in fees of county clerks
Status: in_force

186.245 Posting of notice about 2006 increases in fees of county clerks.

Beginning January 1, 2007, every county clerk shall post a permanent notice that the fee

increases contained in 2006 Ky. Acts ch. 255 were requested by the Kentucky County

Clerks Association. The notice shall be printed in bold face type of sufficient point size to

be read from a distance of at least three (3) feet. The notice shall be posted in a

conspicuous place to ensure that every person who enters the county clerk's office will

readily see the notice.
KRS § 67.490 — KY Code / Title IX / Chapter 67 / Section 67.490
67.490 Authority to borrow money and to issue bonds -- Conditions on issuing bonds
Status: in_force

67.490 Authority to borrow money and to issue bonds -- Conditions on issuing

bonds.

For the purpose of defraying the cost of acquiring, constructing, remodeling, or

improvement of any building and its appurtenances under the provisions of KRS 67.480,

any county buildings commission may borrow money and issue negotiable bonds. No

bonds shall be issued until the conditions of KRS 67.450 to 67.550, including the

provisions of KRS 67.475 as to a lease, have been complied with and until authorized by

a resolution specifying the proposed undertaking, the amount of bonds to be issued, and

the maximum rate of interest the bonds are to bear. The resolution shall provide that the

building or buildings and appurtenances are to be constructed, remodeled, improved, or

acquired under the provisions of KRS 67.450 to 67.550.
KRS § 73.200 — KY Code / Title IX / Chapter 73 / Section 73.200
73.200 Establishment of dividing lines
Status: in_force

73.200 Establishment of dividing lines.

The processioners or any two (2) or more persons selected by the parties and appointed by

the county judge/executive may, on the application of persons whose lands adjoin, go on

their dividing lines, and, by their consent, mark new corner trees, set up new stones or

posts, ascertain the length of the lines, and make a report to the county judge/executive, in

which the names of the parties, the new corner trees marked or stones or posts set up, and

the length of the lines, shall be stated. The consent of the parties to the acts of the

processioners, or persons selected, shall be indorsed on the report, and the report shall be

signed by the parties and attested by one (1) or more of the processioners or persons

selected, or the parties shall not be bound. In all contests as to boundary, such report shall

be conclusive evidence between the parties and all persons claiming through or under

them.
KRS § 427.100 — KY Code / Title XXXIX / Chapter 427 / Section 427.100
427.100 Waiver of homestead exemption -- Continuance after death
Status: in_force

427.100 Waiver of homestead exemption -- Continuance after death.

No mortgage, release or waiver of an exemption granted by KRS 427.060 shall be valid

unless it is in writing, subscribed by the defendant and his spouse, and acknowledged and

recorded in the same manner as conveyances of real estate. The exemption in favor of an

execution debtor or one against whom judgment has been rendered shall continue after

the debtor's death for the benefit of his surviving spouse and children, but shall be

estimated in allotting dower or curtesy.
KRS § 309.440 — KY Code / Title XXVI / Chapter 309 / Section 309.440
309.440 Registration as mitigation contractor -- Renewal of registration certificate -- Duties of mitigation contractor
Status: in_force

309.440 Registration as mitigation contractor -- Renewal of registration certificate

-- Duties of mitigation contractor.

(1) The board shall issue a mitigation contractor registration certificate to any person

certified for mitigation who:

(a) Completes a registration process prescribed by the board through

promulgation of an administrative regulation;

(b) Presents proof of compliance with a board-approved proficiency program; and

(c) Furnishes evidence of a general liability insurance policy that satisfies the

requirements of KRS 309.442.

(2) The board shall renew the mitigation contractor registration certificate of any person

who:

(a) Completes a registration renewal process and pays a fee prescribed by the

board through promulgation of an administrative regulation;

(b) Presents proof of compliance with a board-approved proficiency program; and

(c) Furnishes evidence of a general liability insurance policy that satisfies the

requirements of KRS 309.442.

(3) A mitigation contractor shall:

(a) Maintain certification with a board-approved proficiency program;

(b) Ensure all mitigations are conducted in accordance with the applicable

mitigation standard operating procedures;

(c) Maintain a quality control program plan in accordance with the applicable

standard operating procedures for mitigation quality assurance and control;

(d) Ensure all mitigation is conducted under the direct supervision of a mitigation

contractor;

(e) Ensure all post-mitigation measurement is conducted by a measurement

contractor; and

(f) Ensure all radon mitigation systems repaired or altered on or after January 1,

2013, meet the applicable mitigation standard operating procedures.
KRS § 16.200 — KY Code / Title III / Chapter 16 / Section 16.200
16.200 Renumbering of property having obscured numbers
Status: in_force

16.200 Renumbering of property having obscured numbers.

(1) The Department of Kentucky State Police shall administer a program for the

investigation of applications filed pursuant to KRS 514.130 and the disposition of

property pursuant to KRS 500.090.

(2) Upon a finding by the department or a local law enforcement agency assigned by

the department to investigate an application filed pursuant to KRS 514.120 that the

property is lawfully owned by the applicant, the department shall issue, or cause to

be issued, in consultation with any state or federal regulatory agency, a suitable

identification number to be affixed to the property together with a document stating

the number so issued.

(3) Upon a finding by the department or a local law enforcement agency assigned by

the department to investigate an application filed pursuant to KRS 514.120 that the

property is not lawfully owned by the applicant, the department shall seize the

property or cause it to be seized by the local agency and held for disposition by a

court of competent jurisdiction.

(4) The department shall promulgate such administrative regulations as are reasonably

necessary to enforce the provisions of this section and KRS 500.090 and 514.130.
KRS § 189.045 — KY Code / Title XVI / Chapter 189 / Section 189.045
189.045 Flashing lights prohibited near highway
Status: in_force

189.045 Flashing lights prohibited near highway.

No person shall install or maintain a red, yellow, green or similarly colored flashing light

within one hundred (100) feet of the right-of-way of a state maintained highway for any

purposes other than safety, highway construction, or emergency purposes.
KRS § 164.297 — KY Code / Title XIII / Chapter 164 / Section 164.297
164.297 English language proficiency assessment for instructors
Status: in_force

164.297 English language proficiency assessment for instructors.

(1) Each state university shall institute English language proficiency assessment for all

instructors, including teaching assistants, for whom English is not their primary

language. The instructors shall be evaluated periodically to demonstrate their ability

to deliver all lectures and oral presentations in an English speech pattern which the

students understand.

(2) Subsection (1) of this section shall not apply to the teaching of foreign language

courses.

(3) If an instructor receives an unsatisfactory evaluation, he shall have one (1) semester

to demonstrate his ability. If an instructor receives a second unsatisfactory

evaluation, his employment shall be terminated.
KRS § 262.650 — KY Code / Title XXI / Chapter 262 / Section 262.650
262.650 Districts may combine to acquire equipment or infrastructure
Status: in_force

262.650 Districts may combine to acquire equipment or infrastructure.

Any two (2) or more soil and water conservation districts may combine with each other

for the purpose of obtaining and using the specialized equipment or infrastructure referred

to in KRS 262.610, upon the terms and conditions set forth in KRS 262.610 to 262.660.
KRS § 311.840 — KY Code / Title XXVI / Chapter 311 / Section 311.840
311.840 Definitions for KRS 311.840 to 311.862
Status: in_force

311.840 Definitions for KRS 311.840 to 311.862.

As used in KRS 311.840 to 311.862:

(1) "Board" means the Kentucky Board of Medical Licensure;

(2) "Complaint" means a formal administrative pleading that sets forth charges against

a physician assistant and commences a formal disciplinary proceeding;

(3) "Physician assistant" means a person licensed under KRS 311.840 to 311.862 who:

(a) Has graduated from a physician assistant or surgeon assistant program

accredited by the Accreditation Review Commission on Education for

Physician Assistants or its predecessor or successor agencies and has passed

the certifying examination administered by the National Commission on

Certification of Physician Assistants or its predecessor or successor agencies;

or

(b) Possesses a current physician assistant certificate issued by the board prior to

July 15, 2002;

(4) "Supervising physician" means a physician licensed by the board who supervises

one (1) or more physician assistants;

(5) "Supervising physician in anesthesia" means a physician licensed by the board who

has completed postgraduate training in anesthesiology at an anesthesiology program

accredited by the Accreditation Council for Graduate Medical Education or its

equivalent; and

(6) "Supervision" means overseeing the activities of and accepting of responsibility for

the medical services rendered by a physician assistant. Each team of physicians and

physician assistants shall ensure that the delegation of medical tasks is appropriate

to the physician assistant's level of training and experience, that the identifications

of and access to the supervising physician are clearly defined, and that a process for

evaluation of the physician assistant's performance is established.
KRS § 388.190 — KY Code / Title XXXIII / Chapter 388 / Section 388.190
388.190 Definitions
Status: in_force

388.190 Definitions.

As used in this chapter:

(1) The term "person" includes a partnership, corporation or an association.

(2) The term "Veterans Affairs" means the United States Department of Veterans

Affairs, its predecessors or successors.

(3) The terms "estate" and "income" shall include only moneys received by the

guardian or conservator from the Veterans Affairs, all earnings, interest and

profits derived therefrom and all property acquired therewith.

(4) The term "benefits" shall mean all moneys paid or payable by the United

States through the Veterans Affairs.

(5) The term "administrator" means the administrator of veterans affairs or his

successor.

(6) The term "ward" means a beneficiary of the Veterans Affairs.

(7) The term "guardian" as used herein shall mean any person acting as a

fiduciary for a person adjudged mentally disabled.

(8) The term "court" means the District Court of the county of the beneficiary's

residence.
KRS § 247.7906 — KY Code / Title XXI / Chapter 247 / Section 247.7906
247.7906 Certified association authorized to hold referendum
Status: in_force

247.7906 Certified association authorized to hold referendum.

Upon being certified by the Commissioner, the association shall be fully authorized and

empowered to hold and conduct on the part of the producers of porcine animals a

referendum on the question of whether or not the producers shall levy upon themselves an

assessment under, and subject to, and for the purposes stated in KRS 247.7900 to

247.7928. The referendum may be conducted either on a statewide or areawide basis.
KRS § 100.3291 — KY Code / Title IX / Chapter 100 / Section 100.3291
100.3291 Restrictions imposing highest standards apply
Status: in_force

100.3291 Restrictions imposing highest standards apply.

Whenever any other restrictions or covenants impose a higher standard than permitted by

this chapter, then such other restriction or covenant shall govern.
KRS § 416.680 — KY Code / Title XXXVII / Chapter 416 / Section 416.680
416.680 Short title
Status: in_force

416.680 Short title.

KRS 416.540 to 416.670 shall be known as the "Eminent Domain Act of Kentucky."