FrankGoortani/open-us-law huggingface dataset:
KRS § 247.809 — KY Code / Title XXI / Chapter 247 / Section 247.809
247.809 Liability of agritourism professionals -- Protection -- Defenses -- Damages
Status: in_force

247.809 Liability of agritourism professionals -- Protection -- Defenses -- Damages.

(1) Except as provided in subsection (2) of this section:

(a) An agritourism professional is not liable for injury to or death of a participant

resulting exclusively from the inherent risks of agritourism activities, so long

as:

1. The warning contained in KRS 247.8091 is posted as required; or

2. The agritourism professional has a signed release from the participant

indicating that the participant has received written notice of the warning

contained in KRS 247.8091; and

(b) No participant or participant's representative can maintain an action against or

recover from an agritourism professional for injury, loss, damage, or death of

the participant resulting exclusively from any of the inherent risks of

agritourism activities. In any action for damages against an agritourism

professional for agritourism activities, the agritourism professional shall plead

the affirmative defense of assumption of the risk of agritourism activities by

the participant.

(2) Nothing in subsection (1) of this section prevents or limits the liability of an

agritourism professional if the agritourism professional:

(a) Commits an act or omission that constitutes negligence or willful or wanton

disregard for the safety of the participant, and that act or omission proximately

causes injury, loss, damage, or death to the participant; or

(b) Has actual knowledge or reasonably should have known of:

1. A dangerous condition on the land, facilities, or equipment used in the

activity; or

2. The dangerous propensity of a particular animal used in the activity;

and does not make the danger known to the participant, and the danger

proximately causes injury, loss, damage, or death to the participant.

(3) Any limitation on legal liability afforded by this section to an agritourism

professional is in addition to any other limitations of legal liability otherwise

provided by law.
KRS § 381.010 — KY Code / Title XXXII / Chapter 381 / Section 381.010
381.010 Commonwealth vested with ultimate property to lands
Status: in_force

381.010 Commonwealth vested with ultimate property to lands.

The Commonwealth of Kentucky is deemed to have possessed the original, and has the

ultimate property in and to all lands within her boundaries.
KRS § 15.3973 — KY Code / Title III / Chapter 15 / Section 15.3973
15.3973 Revocation of court security officer certification
Status: in_force

15.3973 Revocation of court security officer certification.

The certification of a court security officer may, after a hearing held in conformity with

KRS Chapter 13B, be revoked by the council for one (1) or more of the bases for

revocation described under KRS 15.391.
KRS § 40.510 — KY Code / Title V / Chapter 40 / Section 40.510
40.510 Prompt determination to be made
Status: in_force

40.510 Prompt determination to be made.

The adjutant general shall make prompt determination that each application is approved

or disapproved for payment of a bonus, and if approved, shall determine the amount to be

paid according to the provisions of KRS 40.410 to 40.560.
KRS § 280.250 — KY Code / Title XXIV / Chapter 280 / Section 280.250
280.250 Rates of toll
Status: in_force

280.250 Rates of toll.

(1) At the time of granting any ferry privilege, the county judge/executive shall fix the

rates of toll to be charged at the ferry, which shall be in the following proportions:

For every heavy four (4) wheeled wagon, carriage or coach and driver, the same as

for six (6) horses; for every light or open four (4) wheeled carriage or light wagon

and driver, the same as for four (4) horses; for every two (2) wheeled carriage or

cart and driver, the same as for two (2) horses; for every hogshead of tobacco, not in

a wagon or cart, the same as for one (1) horse; for every head of neat-cattle, the

same as for one (1) horse; for every sheep, goat, hog or lamb, one-fifth (1/5) as

much as for a horse.

(2) The rates may be changed by order from time to time, but before an increase may be

made reasonable notice of the application must be given to the county attorney, or

posted for at least one (1) month on the courthouse door, and before a reduction

may be made the county attorney must have written notice served on the owner of

the ferry.

(3) No owner or keeper of a ferry, or agent or servant thereof, shall demand or take

from any person a greater toll than that allowed by the order of the county

judge/executive fixing the rates of toll at his ferry. A violation of this provision by a

keeper, agent or servant shall be deemed a violation by the owner.
KRS § 45A.260 — KY Code / Title VI / Chapter 45A / Section 45A.260
45A.260 Limitations on claims
Status: in_force

45A.260 Limitations on claims.

(1) Any claim arising from a construction contract executed and administered by the

Transportation Cabinet pursuant to the provisions of KRS Chapters 175, 176, 177

and 180 shall be commenced in Franklin Circuit Court within one (1) year from the

time the Commonwealth has determined final pay quantities and issues a final pay

estimate to the contracting party, notifying him of its final determination, or from

the receipt of a final adverse decision from the Commonwealth, whichever occurs

later.

(2) Any other claim shall be commenced in Franklin Circuit Court within one (1) year

from the date of completion specified in the contract.
KRS § 35.200 — KY Code / Title V / Chapter 35 / Section 35.200
35.200 Continuances
Status: in_force

35.200 Continuances.

The military judge of a court-martial may, for reasonable cause, grant a continuance to

any party for such time and as often as appears to be just.
KRS § 175.530 — KY Code / Title XV / Chapter 175 / Section 175.530
175.530 Trust indenture to secure bonds -- Rights and remedies of bondholders
Status: in_force

175.530 Trust indenture to secure bonds -- Rights and remedies of bondholders.

In the discretion of the authority, any bonds issued under the provisions of this chapter

may be secured by a trust indenture by and between the authority and a corporate trustee,

which may be any trust company or bank having the powers of a trust company within or

without the Commonwealth. Such trust indenture or the proceedings providing for the

issuance of such bonds may pledge or assign the tolls and other revenues to be received,

but shall not convey or mortgage any turnpike project or any part thereof. Such trust

indenture or proceedings may contain such provisions for protecting and enforcing the

rights and remedies of the bondholders as may be reasonable and proper and not in

violation of law, including covenants setting forth the duties of the authority in relation to

the acquisition of property and the construction, improvement, maintenance, repair,

operation and insurance of the turnpike project or projects in connection with which such

bonds shall have been authorized, the rates of toll or the rentals to be charged, and the

custody, safeguarding and application of all moneys. It shall be lawful for any bank or

trust company incorporated under the laws of the Commonwealth which may act as

depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or

to pledge such securities as may be required by the authority. Any such trust indenture

may set forth the rights and remedies of the bondholders and of the trustee, and may

restrict the individual right of action by bondholders. In addition to the foregoing, any

such trust indenture or proceedings may contain such other provisions as the authority

may deem reasonable and proper for the security of the bondholders. All expenses

incurred in carrying out the provisions of such trust indenture or proceedings may be

treated as a part of the cost of the operation of the turnpike project or projects.
KRS § 247.6015 — KY Code / Title XXI / Chapter 247 / Section 247.6015
247.6015 Conduct of referendum
Status: in_force

247.6015 Conduct of referendum.

The manner, conduct, and management of any referendum held under the provisions of

KRS 247.6001 to 247.6035 shall be under the supervision and direction of the

Commissioner of Agriculture, and any and all expenses in connection therewith shall be

borne by the association conducting the referendum.
KRS § 139.735 — KY Code / Title XI / Chapter 139 / Section 139.735
139.735 Restrictions on administrative regulations and policies
Status: in_force

139.735 Restrictions on administrative regulations and policies.

(1) The department shall not promulgate any administrative regulation or policy,

either written or unwritten, whose provisions are more stringent than KRS

139.270 regarding the acceptance of resale certificates, exemption certificates,

agriculture exemption license numbers, Streamlined Sales and Use Tax

Agreement Certificates of Exemption, and direct pay authorizations.

(2) It shall be mandatory upon the department during any audit process to honor

resale certificates, exemption certificates, agriculture exemption license

numbers, Streamlined Sales and Use Tax Agreement Certificates of

Exemption, and direct pay authorizations when executed according to KRS

139.270 and any administrative regulation promulgated by the department

concerning direct pay authorizations.
KRS § 205.8459 — KY Code / Title XVII / Chapter 205 / Section 205.8459
205.8459 Emergency service
Status: in_force

205.8459 Emergency service.

(1) Any provider presented with a request for an emergency service, for a nonlife-

threatening condition or a condition that would not result in irreparable harm, by a

Medicaid recipient participating in a managed care program but not in a restricted

Medicaid status, shall not provide the service on an emergency basis unless the

provider first makes a reasonable effort to contact the recipient's designated

managed care primary physician for prior approval. Any provider presented with a

request for an emergency service, due to a life-threatening condition or a condition

that would result in irreparable harm, by a Medicaid recipient participating in a

managed care program but not in a restricted Medicaid status, may provide the

service without prior approval from the recipient's designated managed care primary

physician.

(2) For the purposes of implementing KRS 205.8455, 205.8457, and this section, the

Department for Medicaid Services, in consultation with the Recipient Utilization

Review Committee, shall in conformity with the federal Emergency Medical

Treatment and Active Labor Act (42 U.S.C. sec. 1395dd, as amended) and any other

applicable federal law, and in administrative regulation promulgated pursuant to

KRS Chapter 13A, define an emergency service, irreparable harm, immediate grave

bodily harm, life-threatening condition, and nonlife-threatening condition.
KRS § 247.145 — KY Code / Title XXI / Chapter 247 / Section 247.145
247.145 Administrative regulations for operation, maintenance, or use of state fair property -- Posting -- Penalty for violation
Status: in_force

247.145 Administrative regulations for operation, maintenance, or use of

state fair property -- Posting -- Penalty for violation.

(1) The state fair board in governing the operation, maintenance, or use of

property under its custody and control is authorized to promulgate such

reasonable and lawful administrative regulations, as provided in KRS Chapter

13A, as are necessary:

(a) To maintain decency and good order;

(b) To protect the peace or safety of the general public;

(c) To protect the public interest, convenience, or necessity; or

(d) To govern the operation, maintenance, or use of property under its

custody and control.

(2) All administrative regulations promulgated by the state fair board shall be

printed and posted at not less than three (3) public places on the property

under its custody and control.

(3) All persons using, occupying or going upon any property under the custody

and control of the state fair board shall comply with all administrative

regulations promulgated by it.
KRS § 315.458 — KY Code / Title XXVI / Chapter 315 / Section 315.458
315.458 Required administrative regulations
Status: in_force

315.458 Required administrative regulations.

The board shall promulgate administrative regulations to establish:

(1) The requirements for health facilities and pharmacies to accept and dispense

donated legend drugs or supplies needed to administer legend drugs under

KRS 315.452 and 315.454, including all of the following:

(a) Eligibility criteria for health facilities;

(b) Standards and procedures for accepting, safely storing, and dispensing

donated legend drugs or supplies needed to administer legend drugs;

(c) Standards and procedures for inspecting donated legend drugs or

supplies needed to administer legend drugs to determine if these are in

their original, unopened, sealed, and tamper-evident unit dose packaging

or, if packaged in single-unit doses, the single-unit dose packaging is

unopened; and

(d) Standards and procedures for inspecting donated legend drugs or

supplies needed to administer legend drugs to determine that these are

not adulterated or misbranded;

(2) Eligibility criteria for individuals to receive donated legend drugs or supplies

needed to administer legend drugs dispensed under KRS 315.452 and

315.454;

(3) Standards for prioritizing the dispensation to individuals who are uninsured or

indigent, or to others if an uninsured or indigent individual is unavailable;

(4) A means by which an individual who is eligible to receive a donated legend

drug or supplies needed to administer a legend drug may indicate that

eligibility;

(5) Necessary forms for administration of the legend drug repository program;

(6) The maximum handling fee that a health facility may charge for accepting,

distributing, or dispensing donated legend drugs or supplies needed to

administer legend drugs;

(7) A list of legend drugs and supplies needed to administer legend drugs that the

legend drug repository program may accept for dispensing; and

(8) A list of legend drugs and supplies needed to administer legend drugs that the

legend drug repository program shall not accept for dispensing, including the

reason why the legend drug or supply is ineligible for donation.
KRS § 266.140 — KY Code / Title XXII / Chapter 266 / Section 266.140
266.140 Board's power to cooperate with federal agencies
Status: in_force

266.140 Board's power to cooperate with federal agencies.

The board of levee commissioners may enter into arrangements, contracts and agreements

with any river commission or agency of the United States government to secure the

construction, reconstruction, repair, enlargement, extension or maintenance of the levee

by the river commission or other agency, or with its aid or cooperation. For this purpose

the board may turn over to the river commission or other agency the use and control of

any part or all of its line of levee, and may place its officers, servants, agencies or funds at

the disposal of and under the control and direction of the river commission or other

agency, which may take the same in charge and which may contract for and superintend

the building of the levee.
KRS § 61.706 — KY Code / Title VIII / Chapter 61 / Section 61.706
61.706 Kentucky Retirement Systems unfunded liability trust fund
Status: in_force

61.706 Kentucky Retirement Systems unfunded liability trust fund.

(1) The Kentucky Retirement Systems unfunded liability trust fund is created and shall

be administered by the Finance and Administration Cabinet.

(2) (a) The trust fund shall consist of:

1. Contributions, gifts, and donations;

2. Any moneys designated by the General Assembly for deposit into the

fund; and

3. Any other proceeds from grants, appropriations, or other moneys made

available for the purposes of the trust fund.

(b) Any donor may designate to which system within the Kentucky Retirement

Systems the donation shall benefit, including:

1. The Kentucky Employees Retirement System nonhazardous fund;

2. The Kentucky Employees Retirement System hazardous fund;

3. The County Employees Retirement System nonhazardous fund;

4. The County Employees Retirement System hazardous fund; or

5. The State Police Retirement System.

(c) Checks submitted for donations shall be made payable to the Kentucky State

Treasurer.

(3) Moneys in the trust fund:

(a) Shall be disbursed quarterly to the Kentucky Retirement Systems;

(b) Shall be used to eliminate any unfunded liability and supplement the

investible assets of the Kentucky Retirement Systems; and

(c) Are hereby appropriated for the purposes set forth in paragraph (b) of this

subsection.

(4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the

fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year

to be used for the purposes provided by subsection (3) of this section.

(5) Interest earned on any moneys in the trust fund shall accrue to the trust fund.

(6) (a) The Finance and Administration Cabinet shall separately account for each

contribution, gift, or donation made to the trust fund and shall publish on its

Web site a listing of each contribution, gift, or donation made and a

cumulative total of the value of all contributions, gifts, or donations, including

the cumulative total, since the creation of the fund, for each donor or

association of donors or entities, other than those wishing to remain

anonymous.

(b) Information listed on the Web site related to each contribution may include all

information set out in this paragraph, as reported by the donor:

1. The name of donor;

2. The location of the donor by county, if the donor is located in Kentucky,

or by state, if the donor is located outside Kentucky; and

3. The title or position of the donor, or the association of the donor with

any other entity.

(c) Anonymous donations shall be accepted without requiring any of the

information provided in paragraph (b) of this subsection.

(7) The Finance and Administration Cabinet may work in conjunction with

management consultants and others willing to give of their time and talents to create

a strategic plan to encourage individuals, foundations, associations, corporations,

and other entities to make donations to the fund.
KRS § 277.290 — KY Code / Title XXIV / Chapter 277 / Section 277.290
277.290 Badges of railroad policemen -- Insignia of passenger train employees
Status: in_force

277.290 Badges of railroad policemen -- Insignia of passenger train employees.

(1) Each railroad policeman shall, while on duty, wear a metal badge or shield, with the

words "Railroad Police" and the name or initials of the railroad engraved thereon.

When acting as a detective in the service of the railroad, he may wear the badge or

shield concealed.

(2) Every railroad company shall require a uniform hat or cap and distinguishing

badges to be worn by all its employees, other than engineers and firemen, whose

duties relate immediately to the transportation of passengers.
KRS § 65.255 — KY Code / Title IX / Chapter 65 / Section 65.255
65.255 Powers of peace officers operating under cooperative interlocal agreement
Status: in_force

65.255 Powers of peace officers operating under cooperative interlocal agreement.

If an agreement entered into under the authority of KRS 65.210 to 65.300 provides for

cooperative action in the utilization of peace officers, those peace officers, while in the

performance of their duties under the agreement outside their own city, county, or other

jurisdiction, shall have the full power of arrest and all other powers they possess in their

own city, county, or other jurisdiction, and shall have the same immunities and privileges

as if the duties were performed in their own city, county, or other jurisdiction.
KRS § 148.780 — KY Code / Title XII / Chapter 148 / Section 148.780
148.780 Owner's consent required for access to or use of premises
Status: in_force

148.780 Owner's consent required for access to or use of premises.

Nothing in KRS 148.610 to 148.780 shall be construed as authorizing any person to enter

upon or use the land in any manner without the consent of the owner.
KRS § 15.111 — KY Code / Title III / Chapter 15 / Section 15.111
15.111 Office of Administrative Hearings
Status: in_force

15.111 Office of Administrative Hearings.

(1) The Office of Administrative Hearings is created within the Department of Law.

(2) This office shall have the following responsibilities:

(a) Employing and maintaining a pool of hearing officers for assignment to the

individual agencies at their request, for the conduct of administrative hearings.

The Attorney General's office may also employ other staff as necessary to

carry out functions and responsibilities assigned by KRS Chapter 13B;

(b) Reviewing and approving or disapproving requests from agencies for waivers

from provisions of KRS Chapter 13B;

(c) Providing training in administrative hearing procedures for hearing officers as

required in KRS 13B.030, either by developing and offering the training, or

by contracting with appropriate organizations for the provision of training, or

by approving training developed and submitted by the agencies;

(d) Consulting with the Personnel Cabinet and employing agencies in the

establishment of relevant and appropriate qualifications for classes of hearing

officers;

(e) Reporting to the Legislative Research Commission by July 1 of each odd-

numbered year, the status of the administrative hearing process in Kentucky.

The report shall include a compilation of statistical data and other information

necessary to assess the effectiveness and efficiency of hearing procedures and

recommendations for making improvements to the system. Agencies shall

provide the information requested by the Office of Administrative Hearings

necessary to complete the report;

(f) Reporting to the Cabinet for Health and Family Services, Office of Inspector

General, for review and investigation:

1. Any charge or case against any employee of the Cabinet for Health and

Family Services where it has cause to believe the employee has engaged

in dishonest, unethical, or illegal conduct or practices related to his or

her job duties; or

2. Any violation of state law or administrative regulation by any

organization or individual regulated by, or contracted with, the Cabinet

for Health and Family Services; and

(g) Conducting and providing oversight of administrative hearings as it relates to

the Cabinet for Health and Family Services.
KRS § 217.430 — KY Code / Title XVIII / Chapter 217 / Section 217.430
217.430 Labeling of wood alcohol
Status: in_force

217.430 Labeling of wood alcohol.

No person shall sell, offer for sale, give away, deal in or supply, or have in his possession

for that purpose, any methyl alcohol, otherwise known as wood alcohol or wood naphtha,

either crude or refined, unless the container bears the following conspicuously printed,

stenciled or typewritten notice: "Skull and crossbones -- Poison -- Wood alcohol or wood

naphtha -- Warning. Wood alcohol is poisonous, and when inhaled or swallowed may

cause blindness or death. It is unlawful to use this fluid in any way either internally or

externally for the human body."