FrankGoortani/open-us-law huggingface dataset:
KRS § 95A.522 — KY Code / Title IX / Chapter 95A / Section 95A.522
95A.522 Share of fire department aid for merged departments for mergers on or after July 14, 2022
Status: in_force

95A.522 Share of fire department aid for merged departments for mergers on or

after July 14, 2022.

(1) For volunteer fire departments merging on or after July 14, 2022, the Kentucky Fire

Commission shall pay to the resulting merged district the number of qualified

shares of volunteer fire department aid allotted under KRS 95A.262 equal to the

total number of qualified shares that each merging department would have received

prior to merger.

(2) If the resulting merged district does not remain qualified to receive the volunteer

fire department aid allotted under KRS 95A.262, then the Kentucky Fire

Commission shall suspend all payments calculated under subsection (1) of this

section. The merged district shall have ninety (90) days to come into compliance

with the requirements for qualification. If the merged district does so, then the

commission shall resume payments as calculated under subsection (1) of this

section. If the merged district does not come into compliance within ninety (90)

days of the loss of qualification, then the commission shall not resume payments as

calculated under subsection (1) of this section. Should the merged district come into

compliance after ninety (90) days, it shall receive only one (1) qualified share of the

volunteer fire department aid under KRS 95A.262.
KRS § 211.892 — KY Code / Title XVIII / Chapter 211 / Section 211.892
211.892 Legislative finding
Status: in_force

211.892 Legislative finding.

It is the finding of the General Assembly of the Commonwealth of Kentucky that the

original concept of shallow-land nuclear burial sites has not been met in Kentucky in that

measurable amounts of radioactivity have been released to the surrounding environment

from an existing nuclear waste facility. The mechanism for providing for the financing of

perpetual care and maintenance of such a site has proven to be inadequate and also did

not take into consideration early closing of the site. The detection of radioactivity in a

new unused trench on such site provided unequivocal evidence that migration of

radioactive liquids can and did occur in a subsurface manner. Current knowledge of the

complex geologic and hydrologic features of such site is insufficient to develop a model

capable of predicting future behavior of the site. It is the intent of the General Assembly

that because of these problems, the existing site should remain closed unless solutions are

found which will assure site safety and integrity and remedy all of the aforesaid problems.

It is at this time in the best interest of the public health and safety of the citizens of the

Commonwealth that the state maintain ownership and, thus, ultimate decision-making

authority over nuclear waste sites located within its borders.
KRS § 95.879 — KY Code / Title IX / Chapter 95 / Section 95.879
95.879 Payment of annuities
Status: repealed

95.879 Payment of annuities.

Any service retirement annuity, disability retirement annuity, or any other annuity

provided herein shall be payable in equal monthly installments as life annuities, and shall

not be increased, decreased, revoked, or repealed, except for error, or except where

specifically otherwise provided. The cost of providing death benefits for members in

receipt of retirement annuities shall not be construed as a reduction in the life annuity

payable to the member. The first payment of an annuity shall be made for the fraction of a

month elapsing until the end of the first month; and the last payment shall be made as of

the end of the month in which death occurs.
KRS § 257.390 — KY Code / Title XXI / Chapter 257 / Section 257.390
257.390 Importation of poultry over five months of age
Status: in_force

257.390 Importation of poultry over five months of age.

Chickens, turkeys, or other poultry over five (5) months of age intended for breeding

purposes shall not be imported into the state unless they have passed a negative

agglutination test for pullorum disease under the supervision of an authority of the Office

of State Veterinarian within thirty (30) days preceding date of importation, or have

originated from flocks authoritatively participating in a pullorum control and eradication

phase of the National Poultry Improvement Plan or other USDA-administered plan.
KRS § 244.600 — KY Code / Title XX / Chapter 244 / Section 244.600
244.600 Commercial bribery and other inducements unlawful
Status: in_force

244.600 Commercial bribery and other inducements unlawful.

No brewer shall induce through any of the following means, any retailer selling malt

beverages by the package or drink to purchase any malt beverage products from him or

her to the exclusion in whole or in part of malt beverages sold or offered for sale by other

persons, if the brewer engages in the practice of using such means, or any of them, to

such an extent as substantially to restrain or prevent transactions in malt beverages:

(1) By commercial bribery;

(2) By offering or giving any bonus, premium, or compensation to any officer,

employee, or representative of the retailer; or

(3) By making or allowing any rebates or refunds to any officer, employee, or

representative of the retailer.

(4) Sampling events conducted under KRS 243.0307(2)(d) shall not be a violation of

this section.
KRS § 17.558 — KY Code / Title III / Chapter 17 / Section 17.558
17.558 Issuance of approvals
Status: in_force

17.558 Issuance of approvals.

(1) The board may issue, refuse to issue, reissue, or renew a provider approval, or may

probate, suspend, or revoke the approval of a provider.

(2) The board shall revoke the approval of a provider while his or her approval is

suspended.
KRS § 42.545 — KY Code / Title VI / Chapter 42 / Section 42.545
42.545 Annual report of each agency authorized to issue bonds
Status: in_force

42.545 Annual report of each agency authorized to issue bonds.

Each agency authorized to issue bonds listed in this section shall make a report according

to generally accepted accounting principles of all money received and disbursed during

each fiscal year, on or before the fifteenth of July, showing the receipts, expenditures,

trustees, depositories, rates of interest paid by depositories, investments, and rates of

return on investments by each agency to the Office of the Controller. The agencies

required to report under this section are Eastern Kentucky University; Kentucky State

University; Morehead State University; Murray State University; Northern Kentucky

University; University of Kentucky; University of Louisville; Western Kentucky

University; Kentucky Community and Technical College System; Kentucky Housing

Corporation; Kentucky Higher Education Student Loan Corporation; Kentucky School

Building Authority; the Turnpike Authority of Kentucky; the State Property and

Buildings Commission; Churchill Downs Authority; State Fair Board; Department of

Fish and Wildlife Resources; Water Resources Authority of Kentucky; and any other

agency or instrumentality authorized to issue bonds.
KRS § 212.540 — KY Code / Title XVIII / Chapter 212 / Section 212.540
212.540 Budget
Status: in_force

212.540 Budget.

(1) When the respective appropriations have been duly made by the city and county and

an estimate of the amount of moneys that the board will receive from appropriations

and from any and all other sources, for a fiscal year has been made, the board shall

prepare and certify to the fiscal court of the county and the legislative body of the

city for their approval, a revised financial budget setting forth the total amounts of

funds available from all sources for expenditures during the board's fiscal year, and

also setting forth, in as great detail as possible with respect to each administrative

division, the estimated expenditures of the board for the said fiscal year.

(2) A contingent fund for unanticipated expenditures may, with the approval of the

fiscal court of the county and the legislative body of the city, be established in order

to provide for such contingent and unanticipated needs as may arise during the

board's said fiscal year and to supplement allotments to divisions which may require

the same. The board, as nearly as may be practicable, shall make all disbursements

and expenditures in each fiscal year in conformity with the revised budget

allotments; but in the event of an emergency the board may, with the approval of the

county judge/executive and the mayor of the city, reduce, withhold or transfer from

one division to another, funds or assets so allotted.
KRS § 65.688 — KY Code / Title IX / Chapter 65 / Section 65.688
65.688 Special fund for outstanding increment bonds
Status: in_force

65.688 Special fund for outstanding increment bonds.

For any development area for which increments do not include revenues from the

Commonwealth, while increment bonds are outstanding, the issuer shall maintain a

special fund which shall be pledged for the retirement of those increment bonds. Officials

charged with collecting revenues in the development area shall, for each year a grant

contract is in effect or any increment bonds are outstanding with respect to a development

area, determine the amount of increments from the development area which they are

charged with collecting and submit those increments for deposit in the special fund

established by the governing body for that development area. Funds deposited in a special

fund for the payment of increment bonds shall be disbursed at the times and in the

amounts required to pay debt charges on those increment bonds. Accrued interest from

the sale of increment bonds shall be deposited in the special fund pledged to the payment

of those bonds. Amounts in a special fund which exceed the amount required to pay debt

charges on related increment bonds in any fiscal year may accumulate in the special fund

for the payment of future debt charges or to pay the costs of additional projects in the

development area, or may be transferred by the governing body from the special fund

under the terms of a grant contract or used for any lawful purpose.
KRS § 318.990 — KY Code / Title XXVI / Chapter 318 / Section 318.990
318.990 Penalties
Status: in_force

318.990 Penalties.

Any person who violates any provision of this chapter or any regulation adopted

hereunder or any provision of the State Plumbing Code shall be fined not less than ten

dollars ($10) nor more than one hundred dollars ($100) or imprisoned for not more than

ninety (90) days or both for each offense. Each day the violation continues shall constitute

a separate offense.
KRS § 342.807 — KY Code / Title XXVII / Chapter 342 / Section 342.807
342.807 Board of directors
Status: in_force

342.807 Board of directors.

(1) The authority shall be governed by a board of directors. The board shall

exercise complete jurisdiction over the authority.

(2) The board shall consist of the:

(a) Secretary of the Finance and Administration Cabinet;

(b) Secretary of the Personnel Cabinet;

(c) Secretary of the Education and Labor Cabinet; and

(d) Seven (7) at-large members appointed by the Governor, subject to

confirmation by the Senate.

(3) Any vacancy which occurs prior to the expiration of a term shall be filled by the

Governor in the same manner as the initial appointment was made, and the

new appointee shall serve only the remainder of the unexpired term.

(4) No person shall serve on the board who:

(a) Fails to meet or comply with the conflict of interest policies established by

the board and KRS 304.24-270;

(b) Is not bondable;

(c) Is an employee, attorney, or contractor of a competing insurer providing

workers' compensation insurance in the Commonwealth; or

(d) Is not a resident of this Commonwealth.

(5) In making the appointments to the board, subject to Senate confirmation, the

Governor shall ensure adequate representation from the major sectors of the

economy and workforce in the Commonwealth.
KRS § 525.045 — KY Code / Title L / Chapter 525 / Section 525.045
525.045 Terrorism
Status: in_force

525.045 Terrorism.

(1) A person is guilty of the separate offense of terrorism if conviction of the

underlying offense committed would classify the person as a violent offender under

KRS 439.3401(1)(a) or (b), or the underlying offense was an offense under KRS

527.200, 527.205, or 527.210 and the person had the intent to:

(a) Intimidate the civilian population at large, or an identifiable group of the

civilian population; or

(b) Influence, through intimidation, the conduct or activities of the government of

the United States, the Commonwealth, any other state, or any unit of local

government.

(2) A conviction of terrorism shall be punishable by a term of imprisonment for life

without benefit of probation or parole. An offense under this section is a separate

offense from the underlying offense and shall not merge with other offenses.

(3) A person convicted under this section shall not be released on probation, shock

probation, parole, conditional discharge, or any other form of conditional release.

(4) (a) All real and personal property used or intended for use in the course of,

derived from, or realized through an offense punishable pursuant to this

section shall be subject to lawful seizure and forfeiture to the Commonwealth

as set forth in KRS 218A.405 to 218A.460, except that any property seized

and forfeited to the Commonwealth under this section that was used in an act

of terror, as defined in KRS 411.025, shall be held for at least five (5) years

for the purposes of paying any damages awarded under KRS 411.025.

(b) Notwithstanding paragraph (a) of this subsection, any real or personal

property:

1. Taken by a lender in good faith as collateral for the extension of credit

and recorded as provided by law;

2. Of an owner who made a bona fide purchase of the property; or

3. Of a person with rightful possession of the property;

shall not be subject to forfeiture unless the lender, owner, or person had

knowledge of an offense under this section.

(5) Damages awarded pursuant to a successful claim under KRS 411.025 may be paid

by property lawfully seized and forfeited under this section.
KRS § 45A.745 — KY Code / Title VI / Chapter 45A / Section 45A.745
45A.745 Criteria for evaluation of interested firms
Status: in_force

45A.745 Criteria for evaluation of interested firms.

(1) A local public agency shall evaluate those firms submitting statements of interest in

a proposed project according to the following criteria:

(a) Qualifications;

(b) Ability of professional personnel;

(c) Past record and experience;

(d) Performance data on file;

(e) Willingness to meet time and budget requirements;

(f) Location;

(g) Workload; and

(h) Any other factors that the local public agency has set forth in writing,

including the reciprocal preference for resident bidders required by KRS

45A.494.

(2) The local public agency may then conduct discussions and require interviews with

firms deemed to be the most qualified according to the criteria in subsection (1) of

this section. Bids for the cost of the proposed project shall not be a factor in the

evaluation of firms until negotiations are begun in accordance with KRS 45A.750.

(3) The local public agency shall select, on the basis of the evaluations done in

subsections (1) and (2) of this section, at least three (3) firms that are judged to be

the most qualified and rank them accordingly. If fewer than three (3) firms are

judged to be qualified, then those firms that remain shall be ranked in like manner.
KRS § 247.730 — KY Code / Title XXI / Chapter 247 / Section 247.730
247.730 Application by association for assessment -- Forms
Status: in_force

247.730 Application by association for assessment -- Forms.

(1) Any existing association which is fairly representative of burley tobacco in

Kentucky, such as the Council for Burley Tobacco, may at any time after the

enactment of KRS 247.710 to 247.785 make application to the State Board of

Agriculture on forms prescribed by such board for certification and approval for the

purpose of conducting a referendum among the producers of burley tobacco upon

the question of levying an assessment under the provisions of KRS 247.710 to

247.785, and collecting and utilizing the same for the purpose stated in such

referendum. Such application forms shall include, but not be limited to, the

following:

(a) Applicant's name;

(b) Applicant's address;

(c) Date;

(d) Program to be undertaken for producers;

(e) Brief statement of how the program is to be implemented;

(f) Referendum to be conducted on a statewide or area basis;

(g) Proposed effective date of the program;

(h) Geographic area, by counties, of producers to be affected by the program; and

(i) Signature of the applicant.

(2) Upon receipt of the application, the Commissioner shall publish the application

through the medium of the public press in the state within ten (10) days of receipt

thereof.
KRS § 205.634 — KY Code / Title XVII / Chapter 205 / Section 205.634
205.634 Payments prohibited to out-of-state health facility providing services without required certificate of need -- Nonreimbursement of out-of-state providers of residential care for children -- Exception -- Administrative regulations
Status: in_force

205.634 Payments prohibited to out-of-state health facility providing services

without required certificate of need -- Nonreimbursement of out-of-state

providers of residential care for children -- Exception -- Administrative

regulations.

(1) No medical assistance payments shall be made under this chapter to any out-of-state

health facility or health service providing services within the geographic boundaries

of the Commonwealth who does not have a certificate of need if the health facility

or health service would be required to obtain a certificate of need under KRS

Chapter 216B if the facility or service were located within the geographic

boundaries of the Commonwealth.

(2) The Department for Medicaid Services and the Department for Community Based

Services shall not reimburse an out-of-state provider of residential care for children

whose care is paid by state general funds or state administered federal funds, unless

the Department for Medicaid Services or the Department for Community Based

Services or a designated agent thereof has determined that there is no provider

within the Commonwealth that is capable and willing to provide comparable

services at a comparable cost per child to those that would be delivered by the out-

of-state provider. An exception may be made if:

(a) The identified in-state resource is farther away from the child's parent or

guardian than a similar out-of-state resource; or

(b) The services offered by the out-of-state resource is deemed by either

department or a designated agent thereof to be more appropriate for the

individual child than the services offered by the in-state provider.

(3) Prior to promulgating administrative regulations governing the determination of the

availability of providers of residential care within the Commonwealth, the

Department for Medicaid Services and the Department for Community Based

Services shall establish uniform conditions, requirements, and exceptions for the

determination of the availability of providers of residential care within the

Commonwealth.

(4) Each department shall promulgate an administrative regulation in accordance with

KRS Chapter 13A that contains the uniform conditions, requirements, and

exceptions for the determination of the availability of providers of residential care

within the Commonwealth established under subsection (3) of this section.
KRS § 376.480 — KY Code / Title XXXI / Chapter 376 / Section 376.480
376.480 Lien for rent due on space for parking abandoned house trailer or mobile home -- Sale of abandoned property
Status: in_force

376.480 Lien for rent due on space for parking abandoned house trailer or mobile

home -- Sale of abandoned property.

(1) Any owner of real property who rents space on which a house trailer or mobile

home is parked shall have a lien for rent due on any house trailer or mobile home,

its contents, and other personalty abandoned by the occupant on the landowner's

property for rent due, reasonable storage, cleanup costs, and utilities furnished to the

unit and paid for by the landowner.

(2) If, after a period of sixty (60) days, the rent, reasonable storage, cleanup costs, and

utilities have not been paid, the house trailer or mobile home, its contents, and other

personalty abandoned by the occupant may be sold to pay the rent, reasonable

storage, cleanup costs, and utilities after the unit owner has been notified of the time

and place of the sale, at the unit owner's last known address. Notice shall be made

by registered mail at least ten (10) days prior to the time of the sale. If there is a

valid recorded lien against the property to be sold, the landowner shall notify the

lienholder of the time and place of sale by registered mail at least ten (10) days prior

to the time of the sale. If the proceeds of the sale are insufficient to pay the debt and

costs of sale, the sale and collection of proceeds shall not constitute a waiver or

release of responsibility for payment of the debt owed by the unit owner. This lien

shall be subject to prior recorded liens and property taxes.

(3) Any money obtained in excess of the sale costs, taxes, and liens shall be paid by the

seller to the unit owner; and if the unit owner cannot be located, the excess money

shall escheat to the state pursuant to the provisions of KRS Chapter 393.

(4) Before the sale, the landowner shall advertise a description of the property to be

sold and the time and place of sale for three (3) consecutive publishing periods in a

local newspaper distributed in the county where the property is located.

(5) The sale may be by written bids or by auction, or both, and the seller may bid on the

property. The sale shall be to the highest bidder.

(6) The house trailer or mobile home shall be transferred to the purchaser in the county

where the sale is conducted upon an affidavit being filed by the seller stating that

the provisions of this section have been met, listing the sale price, and containing

any other information that may be required by the state or county.
KRS § 174.502 — KY Code / Title XV / Chapter 174 / Section 174.502
174.502 Policy development, supervision, management, and administration of Capital City Airport Division
Status: in_force

174.502 Policy development, supervision, management, and administration of

Capital City Airport Division.

(1) The commissioner of the department shall be responsible for overall policy

development and supervision of the Capital City Airport Division.

(2) A division director shall head the Capital City Airport Division within the

Department of Aviation.
KRS § 311.880 — KY Code / Title XXVI / Chapter 311 / Section 311.880
311.880 Out-of-state applicants
Status: in_force

311.880 Out-of-state applicants.

The board may grant a certificate to any person who is licensed, certified, or registered

and in good standing in another state that has standards at least as stringent as those

required in KRS 311.878. Applicants who are not from a state that has standards at least

as stringent as those required in KRS 311.878 may request a waiver under KRS 311.878

on the grounds that their experience and education meet the criteria equivalent to the

requirements of KRS 311.878.