FrankGoortani/open-us-law huggingface dataset:
KRS § 120.270 — KY Code / Title X / Chapter 120 / Section 120.270
120.270 Judgment in contest or recount of election on public question -- Costs -- Appeal
Status: in_force

120.270 Judgment in contest or recount of election on public question -- Costs --

Appeal.

(1) If it appears in a proceeding instituted under KRS 120.250 that the result as certified

is not correct, the correct result shall be ascertained and declared by the court and

certified to the county board of election commissioners, and the judgment shall

supersede the official returns. If it appears to the satisfaction of the court that the

election, or the returns thereof, were materially affected by fraud, duress, bribery,

intimidation or corrupt practices, the entire election and the returns thereof shall be

declared void and ineffective for any purpose. Costs shall follow the judgment as in

equity cases.

(2) An appeal to the Court of Appeals may be prosecuted by the unsuccessful party in

the same manner as in other contested election cases. No appeal shall lie from the

recount of the ballots, but any questioned ballots may be made a part of the record

and the ruling thereon by the Circuit Court may be reviewed, revised or reversed by

the Court of Appeals.
KRS § 405.450 — KY Code / Title XXXV / Chapter 405 / Section 405.450
405.450 Dispute hearings -- Appeal -- Payment during pendency of appeal -- Contested obligation amount during modification review
Status: in_force

405.450 Dispute hearings -- Appeal -- Payment during pendency of appeal --

Contested obligation amount during modification review.

(1) A hearing officer appointed by the Office of Administrative Hearings within the

Department of Law shall conduct dispute hearings in the county of the child or

parent's residence or any other location acceptable to the parent, which shall be

scheduled within sixty (60) days of the parent's request for a hearing. The dispute

hearing proceedings shall be conducted in accordance with KRS Chapter 13B.

(2) The parent's obligation to pay minimum monthly support shall be stayed until the

parent's receipt of the final order.

(3) The parent or the Office of the Attorney General may file an appeal in the Circuit

Court in the county of the parent's or the child's residence in accordance with KRS

Chapter 13B.

(4) The parent shall, during the pendency of the parent's appeal from the final order,

absent a showing of indigency or need exceeding the child's need, pay the minimum

monthly support obligation to the office, which shall, if the parent's appeal is

successful, return his or her money together with interest at the legal rate for

judgments.

(5) If the Office of the Attorney General elects to conduct the modification review as

specified in KRS 405.430(6), either party may contest the adjustment to the

obligation amount within thirty (30) days after the date of the notice of the

adjustment by requesting a review under subsection (1) of this section and, if

appropriate, a request for adjustment of the order as permitted by this chapter.
KRS § 205.536 — KY Code / Title XVII / Chapter 205 / Section 205.536
205.536 Utilization review -- Prohibition against prospective or concurrent review of prescription drug for alcohol or opioid use disorder
Status: in_force

205.536 Utilization review -- Prohibition against prospective or concurrent review

of prescription drug for alcohol or opioid use disorder.

(1) A Medicaid managed care organization shall have a utilization review plan, as

defined in KRS 304.17A-600, that meets the requirements established in 42 C.F.R.

pts. 431, 438, and 456. If the Medicaid managed care organization utilizes a private

review agent, as defined in KRS 304.17A-600, the agent shall comply with all

applicable requirements of KRS 304.17A-600 to 304.17A-633.

(2) In conducting utilization reviews for Medicaid benefits, each Medicaid managed

care organization shall use the medical necessity criteria selected by the Department

of Insurance pursuant to KRS 304.38-240, for making determinations of medical

necessity and clinical appropriateness pursuant to the utilization review plan

required by subsection (1) of this section.

(3) To the extent consistent with the federal regulations referenced in subsection (1) of

this section, the Department for Medicaid Services or any managed care

organization contracted to provide Medicaid benefits pursuant to KRS Chapter 205

shall not require or conduct a prospective or concurrent review, as defined in KRS

304.17A-600, for a prescription drug:

(a) That:

1. Is used in the treatment of alcohol or opioid use disorder; and

2. Contains Methadone, Buprenorphine, an opioid antagonist, or

Naltrexone; or

(b) That was approved before January 1, 2022, by the United States Food and

Drug Administration for the mitigation of opioid withdrawal symptoms.
KRS § 532.358 — KY Code / Title L / Chapter 532 / Section 532.358
532.358 Prisoner to pay reimbursement and restitution
Status: in_force

532.358 Prisoner to pay reimbursement and restitution.

Any prisoner who has completed his sentence in a county or regional jail or under

condition of home incarceration shall, from the day incarceration ceases and within the

time and amount designated by the sentencing court, pay restitution to his victim and

reimbursement for his incarceration to the state or local government and his or her home

incarceration fees, in addition to any other monetary and community service sanctions

imposed by the sentencing court. The sentencing court may use its contempt sanctions to

enforce its orders.
KRS § 365.230 — KY Code / Title XXIX / Chapter 365 / Section 365.230
365.230 Telegraph and telephone companies to furnish services to newspapers without discrimination
Status: in_force

365.230 Telegraph and telephone companies to furnish services to newspapers

without discrimination.

Every telegraph company, telephone company, or other company engaged in buying,

gathering or transmitting dispatches shall afford the same and equal facilities to all

publishers of newspapers, and shall furnish all news or information collected by them for

publication to all newspapers published in any one county or locality on the same

conditions as to terms, payment and delivery.
KRS § 42.0147 — KY Code / Title VI / Chapter 42 / Section 42.0147
42.0147 Office of the Inspector General
Status: in_force

42.0147 Office of the Inspector General.

The Office of the Inspector General is established within the Office of the Secretary of the

Finance and Administration Cabinet and shall be responsible for conducting various

investigations within the executive branch in accordance with KRS 45.131.
KRS § 78.640 — KY Code / Title IX / Chapter 78 / Section 78.640
78.640 Members' account -- Interest -- Transfer of account balance to retirement allowance account
Status: in_force

78.640 Members' account -- Interest -- Transfer of account balance to retirement

allowance account.

(1) The members' account shall be the account to which:

(a) All members' contributions, or contributions picked up by the employer after

August 1, 1982, and interest allowances as provided in KRS 78.510 to 78.852

shall be credited, except as provided by KRS 78.5536(3)(b); and

(b) For members who begin participating in the system on or after January 1,

2014, the employer pay credit and interest credited on such amounts as

provided by KRS 78.5512 and 78.5516 shall be credited.

Only funds from this account shall be used to return the accumulated contributions

or accumulated account balances of a member when required to be returned to him

or her by reason of any provision of KRS 78.510 to 78.852. Prior to the member's

retirement, death, or refund in accordance with KRS 61.625, no funds shall be made

available from the member account.

(2) Each member's contribution or contribution picked up by the employer shall be

credited to the individual account of the contributing member, except as provided

by KRS 78.5536(3)(b).

(3) (a) Each member shall have his or her individual account credited with interest on

June 30 of each year.

(b) For a member who begins participating before September 1, 2008, interest

shall be credited to his or her individual account at a rate determined by the

board but not less than two percent (2%) per annum on the accumulated

account balance of the member on June 30 of the preceding fiscal year.

(c) For a member who begins participating on or after September 1, 2008, but

prior to January 1, 2014, interest shall be credited to his or her individual

account at a rate of two and one-half percent (2.5%) per annum on the

accumulated contributions of the member on June 30 of the preceding fiscal

year.

(d) For a member who begins participating on or after January 1, 2014, in the

hybrid cash balance plan, interest shall be credited in accordance with KRS

78.5512 and 78.5516.

(e) The amounts of interest credited to a member's account under this subsection

shall be transferred from the retirement allowance account.

(4) (a) Upon the retirement of a member who began participating in the system prior

to January 1, 2014, his or her accumulated account balance shall be

transferred from the members' account to the retirement allowance account.

(b) Upon the retirement of a member who began participating in the system on or

after January 1, 2014, who elects to annuitize his or her accumulated account

balance as prescribed by KRS 78.5512(7)(a) or (b) or 78.5516(7)(a) or (b), the

member's accumulated account balance shall be transferred to the retirement

allowance account.
KRS § 7.1106 — KY Code / Title II / Chapter 7 / Section 7.1106
7.1106 Membership on boards, task forces, and commissions and participation in programs consistent with the Federal Americans with Disabilities Act -- Disability awareness program
Status: in_force

7.1106 Membership on boards, task forces, and commissions and participation in

programs consistent with the Federal Americans with Disabilities Act --

Disability awareness program.

To ensure that Kentuckians with disabilities and their families enjoy full partnership in all

programs, services, and activities throughout the Commonwealth:

(1) Consistent with this subsection, consideration shall be given to persons with one (1)

or more disabilities for membership on any board, task force, or commission

established by the Legislative Research Commission or the General Assembly.

Persons with one (1) or more disabilities shall not be discriminated against and shall

be given an equal opportunity for membership on any board, task force, or

commission established by the Legislative Research Commission or the General

Assembly consistent with and to the extent required by the Federal Americans with

Disabilities Act;

(2) Individuals with disabilities shall be given an equal opportunity to participate in

programs, services, and activities established by the Legislative Research

Commission consistent with and to the extent required by the Federal Americans

with Disabilities Act;

(3) If not already a part of staff development training, a program shall be established

within the Legislative Research Commission with a disability awareness

component; and

(4) If program evaluation criteria are utilized by the Legislative Research Commission,

the criteria may include in the measures of performance, the number of individuals

served by the program, service, or activity.
KRS § 359.215 — KY Code / Title XXIX / Chapter 359 / Section 359.215
359.215 Late fees and other reasonable expense incurred in rent collection or lien enforcement
Status: in_force

359.215 Late fees and other reasonable expense incurred in rent collection or lien

enforcement.

(1) A reasonable late fee may be imposed and collected by an owner for each service

period that an occupant does not pay rent when due under a rental agreement,

provided that the due date for the rental payment is not earlier than the day before

the first day of the service period to which the rental payment applies. No late

payment fee shall be assessed unless the rental fee remains unpaid for at least five

(5) days after the date specified within the rental agreement for the payment of the

rental fee.

(2) No late fee may be collected pursuant to this section unless the amount of the fee

and the conditions for imposing the fee are stated in the rental agreement or in an

addendum to that agreement.

(3) For the purposes of this section, a late fee of twenty dollars ($20) or twenty percent

(20%) of the rental fee for each month an occupant does not pay rent, whichever is

greater, is deemed reasonable and does not constitute a penalty.

(4) Any reasonable expense incurred as a result of rent collection or lien enforcement

by an owner may be charged to the occupant in addition to the late fees permitted by

this section.
KRS § 199.575 — KY Code / Title XVII / Chapter 199 / Section 199.575
199.575 Procedure whereby adopted person may seek to locate preadoptive sibling
Status: in_force

199.575 Procedure whereby adopted person may seek to locate preadoptive sibling.

In situations where a preadoptive brother or sister relationship existed, and one (1) or

more of these siblings was then adopted, the following procedures shall be followed on

an inquiry by one (1) or more of the siblings to the Cabinet for Health and Family

Services seeking information about his brother or sister:

(1) In all cases, an adopted person eighteen (18) years of age or older or a preadoptive

sibling eighteen (18) years of age or older of an adopted person may file

information concerning himself, his present location, and his known antecedents

with the Cabinet for Health and Family Services, stating his interest in being

reunited with his preadoptive siblings and authorizing the cabinet to release such

information to his preadoptive siblings who may make similar inquiry.

(2) In any case in which a person eighteen (18) years of age or older requests

information about or expresses a desire in being reunited with a preadoptive sibling,

the cabinet shall first determine whether such sibling has made similar inquiry

pursuant to subsection (1) of this section. If the sibling has previously authorized

release of information about himself, the cabinet shall release the information to the

sibling making inquiry.
KRS § 395A.080 — KY Code / Title XXXIV / Chapter 395A / Section 395A.080
395A.080 Disclosure of other digital assets of deceased user
Status: in_force

395A.080 Disclosure of other digital assets of deceased user.

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a

custodian shall disclose to the personal representative of the estate of a deceased user a

catalogue of electronic communications sent or received by the user and digital assets,

other than the content of electronic communications, of the user, if the representative

gives the custodian:

(1) A written request for disclosure in physical or electronic form;

(2) A certified copy of the death certificate of the user;

(3) A certified copy of the order of appointment of the personal representative, an order

dispensing with administration pursuant to KRS 395.455, or other court order

giving access to the personal representative; and

(4) If requested by the custodian:

(a) A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the user's account;

(b) Evidence linking the account to the user;

(c) An affidavit stating that disclosure of the user's digital assets is reasonably

necessary for administration of the estate; or

(d) A finding by the court that:

1. The user had a specific account with the custodian, identifiable by the

information specified in paragraph (a) of this subsection; or

2. Disclosure of the user's digital assets is reasonably necessary for

administration of the estate.
KRS § 217.450 — KY Code / Title XVIII / Chapter 217 / Section 217.450
217.450 Poisonous drug not to be sold to infant
Status: in_force

217.450 Poisonous drug not to be sold to infant.

No person shall sell or deliver to any person under the age of fifteen (15) years, except

with the consent of his parent or guardian or upon the written prescription of a physician,

any poisonous drug or medicine.
KRS § 337.994 — KY Code / Title XXVII / Chapter 337 / Section 337.994
337.994 Penalty for violating KRS 337.200
Status: in_force

337.994 Penalty for violating KRS 337.200.

Any employer who violates KRS 337.200 shall be fined by the Education and Labor

Cabinet not less than one hundred dollars ($100) nor more than five hundred dollars

($500). Each day that the employer violates KRS 337.200 shall constitute a separate

offense and penalty. If the employer is a corporation, the officers of the corporation

shall be personally liable for the penalty imposed herein.
KRS § 202C.040 — KY Code / Title XVII / Chapter 202C / Section 202C.040
202C.040 Commitment hearing -- Scheduling, and conduct of -- Participation by Commonwealth's attorney, respondent, and guardian ad litem -- Standard of proof -- Waiver of right to commitment hearing prohibited
Status: in_force

202C.040 Commitment hearing -- Scheduling, and conduct of -- Participation

by Commonwealth's attorney, respondent, and guardian ad litem --

Standard of proof -- Waiver of right to commitment hearing prohibited.

(1) A commitment hearing shall be held within twenty (20) days, excluding

weekends and holidays, after the court finds that the evidence presented in an

evidentiary hearing pursuant to KRS 202C.030 supports a finding that the

respondent is guilty of the charged crime against him or her by a

preponderance of the evidence.

(2) The commitment hearing may be conducted in an informal manner, consistent

with orderly procedures, and in a physical setting not likely to have a harmful

effect on the mental or physical health of the respondent. The hearing may be

held by the court in chambers, at a forensic psychiatric facility, or other suitable

place.

(3) The Commonwealth's attorney's office serving the county of criminal

prosecution which led to the finding that the respondent was incompetent to

stand trial shall present evidence regarding whether the respondent meets the

criteria for involuntary commitment under KRS 202C.050. The respondent and

the respondent's guardian ad litem shall be afforded an opportunity to testify, to

present evidence, and to cross-examine any witnesses.

(4) The manner of proceeding and the rules of evidence shall be the same as

those in any criminal proceeding. The standard of proof shall be proof beyond

a reasonable doubt. Proceedings shall be heard by the judge unless a party or

the guardian ad litem requests a jury.

(5) The respondent's right to the commitment hearing shall not be waived.
KRS § 211.902 — KY Code / Title XVIII / Chapter 211 / Section 211.902
211.902 Reports on persons with excess level of lead in blood -- Records of reports to be indexed and analyzed -- Information to local organizations
Status: in_force

211.902 Reports on persons with excess level of lead in blood -- Records of

reports to be indexed and analyzed -- Information to local organizations.

(1) Every physician, nurse, hospital administrator, director of a clinical laboratory,

or public health officer who receives information of the existence of any person

found or suspected to have a two and three-tenths (2.3) micrograms per

deciliter of whole blood level of lead in his or her blood shall report the

information to the cabinet within seven (7) days and to the local or district

health officer in approved electronic format as prescribed by administrative

regulations promulgated by the cabinet in accordance with KRS Chapter 13A.

The contents of the report shall include but not be limited to the following

information:

(a) The full name and address of the person tested;

(b) The date of birth of such person;

(c) The type of specimen and the results of the appropriate laboratory tests

made on such person; and

(d) Any other information about such person deemed necessary by the

cabinet to carry out the provisions of this section.

Any physician, nurse, hospital administrator, director of clinical laboratory,

public health officer, or allied health professional making such a report in good

faith shall be immune from any civil or criminal liability that otherwise might be

incurred from the making of such report.

(2) Notwithstanding the requirements of subsection (1) of this section, a clinical or

research laboratory shall not be fined or otherwise disciplined for failure to

report required information to the cabinet if the information was not provided by

the medical professional obtaining the blood sample.

(3) The secretary shall maintain comprehensive records of all reports submitted

pursuant to KRS 211.900 to 211.905 and 211.994. Records shall be analyzed

and geographically indexed by county annually in order to determine the

location of areas with a high incidence of elevated blood lead levels reported.

The records and analysis shall be public record and provided upon request;

provided, however, that the name of any individual shall not be made public

unless the secretary determines that such inclusion is necessary to protect the

health and well-being of the affected individual.

(4) When an elevated blood lead level is reported to the cabinet, it shall inform

such local boards of health, local health departments, and other persons and

health organizations as deemed necessary.
KRS § 205.638 — KY Code / Title XVII / Chapter 205 / Section 205.638
205.638 Portion of hospital provider tax collections to fund enhancements to inpatient payments to hospitals
Status: in_force

205.638 Portion of hospital provider tax collections to fund enhancements to

inpatient payments to hospitals.

Notwithstanding KRS 205.640 or any other provision of the Kentucky Revised Statutes to

the contrary, the amount of twenty-six million six hundred seventy-three thousand seven

hundred sixty-four dollars ($26,673,764) from hospital provider tax collections under

KRS 142.303 during state fiscal year 2008-2009 and continuing annually thereafter, shall

be matched with federal funds and used solely to continue the enhancements

implemented in state fiscal years 2006 and 2007 to inpatient payments to hospitals in the

Commonwealth, including those hospitals paid under managed care arrangements. Any

payments due pursuant to this section shall be made by July 30 of each state fiscal year.
KRS § 434.590 — KY Code / Title XL / Chapter 434 / Section 434.590
434.590 Receipt of credit or debit card lost, mislaid, or delivered by mistake, with intent to use or transfer
Status: in_force

434.590 Receipt of credit or debit card lost, mislaid, or delivered by mistake, with

intent to use or transfer.

A person who receives a credit or debit card that he knows to have been lost, mislaid, or

delivered under a mistake as to the identity or address of the cardholder, and who retains

possession with intent to use it or to sell it or to transfer it to a person other than the issuer

or the cardholder is guilty of a misdemeanor and is subject to the penalties set forth in

subsection (1) of KRS 434.730.