FrankGoortani/open-us-law huggingface dataset:
KRS § 382.850 — KY Code / Title XXXII / Chapter 382 / Section 382.850
382.850 Transfer of easement -- Effect on mining operations and on eminent domain powers
Status: in_force

382.850 Transfer of easement -- Effect on mining operations and on eminent

domain powers.

(1) A conservation easement shall not be transferred by owners of property in which

there are outstanding subsurface rights without the prior written consent of the

owners of the subsurface rights.

(2) A conservation easement shall not operate to limit, preclude, delete or require

waivers for the conduct of coal mining operations, including the transportation of

coal, upon any part or all of adjacent or surrounding properties; and shall not

operate to impair or restrict any right or power of eminent domain created by

statute, and all such rights and powers shall be exercisable as if the conservation

easement did not exist.
KRS § 329A.095 — KY Code / Title XXVI / Chapter 329A / Section 329A.095
329A.095 Licensure and certification for private investigators conducting fire or arson investigations
Status: in_force

329A.095 Licensure and certification for private investigators conducting fire or

arson investigations.

(1) Any private investigator who conducts fire or arson investigations in the state of

Kentucky shall be:

(a) Licensed in accordance with KRS 329A.025; and

(b) Certified by the National Association of Fire Investigators or the International

Association of Arson Investigators as a fire and explosion investigator.

(2) Upon revocation of his or her certification by either the National Association of Fire

Investigators or the International Association of Arson Investigators, a private

investigator who conducts fire or arson investigations shall cease the practice of fire

or arson investigation.

(3) Fire or arson investigation by a licensee under this chapter shall be prohibited

without certification.
KRS § 136.060 — KY Code / Title XI / Chapter 136 / Section 136.060
136.060 Corporation organization tax
Status: in_force

136.060 Corporation organization tax.

(1) Every corporation incorporated under the laws of this state, having a capital stock

divided into shares, shall pay into the State Treasury, at the time of incorporation,

an organization tax based upon the number of shares authorized by the articles of

incorporation, at the following rates: one cent ($0.01) for each share authorized up

to and including twenty thousand (20,000) shares, one-half cent ($0.005) for each

share in excess of twenty thousand (20,000) shares and up to and including two

hundred thousand (200,000) shares, and one-fifth cent ($0.002) for each share in

excess of two hundred thousand (200,000) shares.

(2) Upon the filing of an amendment to articles of incorporation changing the

authorized number of shares, the tax that would be due upon the number of shares

authorized by the articles of incorporation as so amended, at the rates set forth in

subsection (1) of this section, shall be computed, and if the tax as so computed

exceeds the amount of tax paid on the basis of the number of shares authorized by

the articles prior to the amendment, the excess tax shall be paid at the time the

amendment is filed.

(3) Every corporation that has not, prior to July 1, 1946, become liable for the payment

of a Kentucky organization tax upon any or all of its capital stock, and that by

amendment of its articles of incorporation changes its name, increases its powers,

enlarges its scope, or prolongs its corporate life, shall, upon the filing of the

amendment, pay the tax as provided in subsection (1) of this section upon its entire

capital stock, or so much thereof as has not theretofore borne the tax.

(4) A consolidated or merged corporation formed under the laws of this state shall not

be required to pay any organization tax on the number of shares of capital stock on

which the organization tax has been paid by the constituent corporations prior to the

consolidation or merger, but the organization tax shall be paid on any increase of

the number of shares of capital stock of the consolidated corporation over the

aggregate number of shares of the constituent corporations prior to the consolidation

or merger. When a foreign corporation consolidates or merges with one (1) or more

corporations of this state, the organization tax shall be paid on the number of shares

of capital stock of the foreign corporation.

(5) No corporation subject to the tax imposed by this section shall have or exercise any

corporate powers until the tax has been paid, and upon payment it shall file a

statement thereof with the Secretary of State. No corporation required to pay a tax

under any of the provisions of this section shall in any event pay a less sum therefor

than ten dollars ($10).
KRS § 266.120 — KY Code / Title XXII / Chapter 266 / Section 266.120
266.120 Duties of board -- Power to enforce aid
Status: in_force

266.120 Duties of board -- Power to enforce aid.

(1) The board of levee commissioners shall superintend the construction, care and

protection of the levee, and see that convenient crossings of the levee are made at

the intersection of all public roads and at such private crossings as the

commissioners may establish.

(2) At any time the commissioners deem the levee in danger of being damaged, after

being built, by wind or high water, they shall, after giving six (6) hours' notice to all

persons between the ages of eighteen (18) and fifty (50) residing within the territory

protected by the levee, require them to assemble at a point designated by the

commissioners, and aid in the repair and protection of the levee, for which they

shall be paid by the commissioners at the rate of one dollar and fifty cents ($1.50)

per day.

(3) No person liable to work under this section shall fail to do so after being notified.

(4) All boards shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 234.274 — KY Code / Title XIX / Chapter 234 / Section 234.274
234.274 Authority for administrative regulations
Status: in_force

234.274 Authority for administrative regulations.

The commissioner may promulgate administrative regulations in accordance with KRS

Chapter 13A to implement the provisions of KRS 234.270 to 234.302.
KRS § 23A.010 — KY Code / Title IV / Chapter 23A / Section 23A.010
23A.010 Jurisdiction of Circuit Court -- Court of record and of continuous session
Status: in_force

23A.010 Jurisdiction of Circuit Court -- Court of record and of continuous session.

(1) The Circuit Court is a court of general jurisdiction; it has original jurisdiction of all

justiciable causes not exclusively vested in some other court.

(2) The Circuit Court has appellate jurisdiction as specified in this chapter.

(3) The Circuit Court is a court of record and of continuous session.

(4) The Circuit Court may be authorized by law to review the actions or decisions of

administrative agencies, special districts or boards. Such review shall not constitute

an appeal but an original action.
KRS § 39F.150 — KY Code / Title V / Chapter 39F / Section 39F.150
39F.150 Reports of lost, stolen, or damaged equipment or loss of capability to operate -- Quarterly incident and training reports
Status: in_force

39F.150 Reports of lost, stolen, or damaged equipment or loss of capability to

operate -- Quarterly incident and training reports.

(1) A report shall be made by the chief officer of the rescue squad to the local director

and the area manager of the division within forty-eight (48) hours when:

(a) Accountable equipment purchased with rescue aid funds is lost, stolen, or

damaged; or

(b) The squad is disbanded, loses its local charter to operate, or is otherwise

rendered incapable of performing its duties as outlined in this chapter.

(2) Local emergency management directors shall maintain a cumulative list of

equipment owned by each rescue squad participating in the rescue aid program,

denoting those items purchased with rescue aid funds. An updated list shall be

submitted to the area manager each time a rescue aid grant application is submitted.

(3) Rescue squads participating in the rescue aid program or who receive workers'

compensation benefits through the division shall complete quarterly incident and

training reports reflecting rescue squad activity or the lack thereof, as appropriate,

and submit these reports to the local director and the area manager within ten (10)

days from the end of the quarter. The area manager shall transmit the reports

together with any comments thereon to the director within ten (10) days of receipt

thereof.
KRS § 149.405 — KY Code / Title XII / Chapter 149 / Section 149.405
149.405 Entry in forest lands during drought -- Emergency proclamation -- Notice
Status: in_force

149.405 Entry in forest lands during drought -- Emergency proclamation -- Notice.

(1) It shall be unlawful, when the forest lands, brush lands and fields in this state or any

part thereof have become so dry or parched as to create an extraordinary fire hazard

endangering lives and property, for any person, except the owner, tenant or owner's

authorized agent, persons regularly engaged in cutting, processing, or moving forest

products, persons engaged in constructing, maintaining, and operating utility or

pipeline rights-of-way, or persons on official duty, to enter or travel in any state,

county, municipal or private forest lands, brush lands, fields or idle or abandoned

lands in the area so affected except on public highways or well defined private

roads.

(2) When such an emergency is found to exist by the secretary for energy and

environment, the Governor may proclaim such a condition to exist in the

Commonwealth or any described part thereof. The provisions of subsection (1) shall

be effective only during the time such proclamation is in force and only in the area

where such emergency is declared to exist.

(3) The Secretary of State shall cause notice of such proclamation or any amendments

or rescission thereof to be published in a newspaper or newspapers of general

circulation in the area affected.
KRS § 186A.073 — KY Code / Title XVI / Chapter 186A / Section 186A.073
186A.073 Titling of military surplus vehicle
Status: in_force

186A.073 Titling of military surplus vehicle.

(1) As used in this section, "military surplus vehicle" has the same meaning as in

KRS 186.010.

(2) A person who has purchased a military surplus vehicle shall be issued a

certificate of title after complying with the provisions of this section.

(3) An owner of a military surplus vehicle that does not have a vehicle

identification number shall, prior to applying for a certificate of title, apply to the

Transportation Cabinet for a vehicle identification number under KRS

186A.090.

(4) When applying for a certificate of title for a military surplus vehicle, the owner

shall apply in the office of the county clerk of the county in which he or she

resides and provide the clerk with the following:

(a) Proof of insurance to comply with KRS 304.39-080;

(b) Proof that the military surplus vehicle has passed an inspection in

accordance with KRS 186A.115; and

(c) Any other information that may be required by the Transportation Cabinet

in an administrative regulation promulgated under KRS Chapter 13A.

(5) The Transportation Cabinet shall promulgate administrative regulations

pursuant to KRS Chapter 13A to implement this section.
KRS § 96.850 — KY Code / Title IX / Chapter 96 / Section 96.850
96.850 Power of municipality to issue general obligation bonds
Status: in_force

96.850 Power of municipality to issue general obligation bonds.

Any municipality is hereby authorized and empowered to issue general obligation bonds

under the limitations imposed by Section 158 of the Constitution for carrying out the

purposes of KRS 96.550 to 96.900, but general obligation bonds shall not be issued for

such purposes without the assent of two-thirds (2/3) of the voters voting in an election

conducted in the manner set out in KRS 96.640.
KRS § 272.400 — KY Code / Title XXIII / Chapter 272 / Section 272.400
272.400 Amendments to articles
Status: in_force

272.400 Amendments to articles.

The articles of incorporation may be altered or amended at any regular or special meeting

called for that purpose. An amendment must first be approved by two-thirds (2/3) of the

directors and then adopted by a vote representing a majority of all the members of the

association. Amendments, when so adopted, shall be recorded in accordance with the

provisions of the general corporation law of this state, except that the fee to be charged by

the Secretary of State for filing such an amendment shall be one dollar ($1).
KRS § 278.180 — KY Code / Title XXIV / Chapter 278 / Section 278.180
278.180 Changes in rates, how made
Status: in_force

278.180 Changes in rates, how made.

(1) Except as provided in subsection (2) of this section, no change shall be made by any

utility in any rate except upon thirty (30) days' notice to the commission, stating

plainly the changes proposed to be made and the time when the changed rates will

go into effect. However, the commission may, in its discretion, based upon a

showing of good cause in any case, shorten the notice period from thirty (30) days

to a period of not less than twenty (20) days. The commission may order a rate

change only after giving an identical notice to the utility. The commission may

order the utility to give notice of its proposed rate increase to that utility's customers

in the manner set forth in its regulations.

(2) The commission, upon application of any utility, may prescribe a less time within

which a reduction of rates may be made.
KRS § 69.090 — KY Code / Title IX / Chapter 69 / Section 69.090
69.090 When assistants shall act as Commonwealth's attorney
Status: in_force

69.090 When assistants shall act as Commonwealth's attorney.

In the absence of the Commonwealth's attorney, the first assistant Commonwealth's

attorney shall act as Commonwealth's attorney, without additional compensation. In the

absence of both the Commonwealth's attorney and the first assistant Commonwealth's

attorney, the second assistant Commonwealth's attorney shall act as Commonwealth's

attorney, without additional compensation.
KRS § 12.023 — KY Code / Title III / Chapter 12 / Section 12.023
12.023 Organizational units and administrative bodies attached to the Governor's office
Status: in_force

12.023 Organizational units and administrative bodies attached to the Governor's

office.

The following organizational units and administrative bodies shall be attached to the

Office of the Governor:

(1) Council on Postsecondary Education;

(2) Department of Military Affairs;

(3) Department for Local Government;

(4) Kentucky Commission on Human Rights;

(5) Kentucky Commission on Women;

(6) Kentucky Commission on Military Affairs;

(7) Office of Minority Empowerment;

(a) The Martin Luther King Commission;

(8) Office of Homeland Security; and

(9) Kentucky Communications Network Authority.
KRS § 217B.193 — KY Code / Title XVIII / Chapter 217B / Section 217B.193
217B.193 Notice of noncompliance -- Civil penalty assessment and development of schedule
Status: in_force

217B.193 Notice of noncompliance -- Civil penalty assessment and development of

schedule.

(1) If any of the requirements of this chapter or administrative regulations promulgated

under this chapter have not been complied with, the department shall cause a notice

of violation to be issued. The department may issue an order for immediate

compliance and assess the civil penalty provided for in this section and in KRS

217B.990, or the department may set forth in his notice a reasonable time period,

but not more than ninety (90) days, for the abatement of the violation. If any

licensee or registration holder has not abated the violation within the period of time

prescribed in the notice of violation, the department shall issue an order for

immediate compliance and assess the civil penalty provided for in this section and

in KRS 217B.990. The notice of noncompliance shall be mailed to the licensee or

registration holder by certified mail, return receipt requested, addressed to the

permanent address as shown on department records. The notice of noncompliance

shall specify in what respect the licensee or registration holder has failed to comply

with this chapter or administrative regulations promulgated under this chapter. If the

licensee or registration holder has not complied with the requirements set forth in

the notice of noncompliance within the time limit allowed, the license or

registration may be revoked as provided in this chapter.

(2) The department shall develop a method for calculating the civil penalty for a

violation, or failure to abate a violation, within the prescribed time period as

authorized by this section, and he shall promulgate a schedule of the civil penalties

in an administrative regulation.
KRS § 45A.805 — KY Code / Title VI / Chapter 45A / Section 45A.805
45A.805 Legislative findings of policy
Status: in_force

45A.805 Legislative findings of policy.

(1) The General Assembly finds and declares it to be the policy of the Commonwealth

of Kentucky to:

(a) Insure the fair and equitable treatment of all firms interested in providing

architectural, engineering, or engineering-related services to the

Commonwealth;

(b) Announce publicly all requirements for architectural, engineering, and

engineering-related services; and

(c) Award a contract for architectural, engineering, or engineering-related

services to the best firm, qualified to perform the work on a project, on the

basis of demonstrated competence and qualification for the type of

professional services required and at fair and reasonable prices.
KRS § 35.476 — KY Code / Title V / Chapter 35 / Section 35.476
35.476 Contempt toward officials
Status: in_force

35.476 Contempt toward officials.

Any person subject to this code who uses contemptuous words against the President or

the Governor which may detrimentally affect the morale or effectiveness of any unit of

the state military forces shall be punished as a court-martial may direct.
KRS § 216B.140 — KY Code / Title XVIII / Chapter 216B / Section 216B.140
216B.140 Licensed hospitals to provide services for child sexual abuse victims
Status: in_force

216B.140 Licensed hospitals to provide services for child sexual abuse victims.

Each hospital licensed by the board shall provide medical and diagnostic services for

child sexual abuse victims.
KRS § 387.660 — KY Code / Title XXXIII / Chapter 387 / Section 387.660
387.660 Specific powers and duties of guardian
Status: in_force

387.660 Specific powers and duties of guardian.

A guardian of a disabled person shall have the following powers and duties, except as

modified by order of the court:

(1) To establish the ward's place of abode within the state, except that, if at any time a

guardian places a ward in a licensed residential facility for developmentally disabled

persons, the guardian shall, within thirty (30) days of such placement, file with the

court notice of the placement, stating with specificity the reasons for such

placement, and an interdisciplinary evaluation report detailing the social,

psychological, medical or other considerations on which such placement is

predicated, a description of the treatment or habilitation programs which will

benefit the ward as a result of such placement, and a determination that such

placement will provide appropriate treatment in the least restrictive available

treatment and residential program. For purposes of this subsection, the

interdisciplinary evaluation report may be one performed within two (2) months

prior to the placement for purposes of determining whether such placement is

necessary and appropriate, or may be an evaluation and assessment provided by the

residential facility immediately after placement. Notice to the court shall not be

required where the ward is transferred from one licensed residential facility to

another;

(2) To make provision for the ward's care, comfort, and maintenance and arrange for

such educational, social, vocational, and rehabilitation services as are appropriate

and as will assist the ward in the development of maximum self-reliance and

independence;

(3) To give any necessary consent or approval to enable the ward to receive medical or

other professional care, counsel, treatment or service, except that a guardian may

not consent on behalf of a ward to an abortion, sterilization, psychosurgery, removal

of a bodily organ, or amputation of a limb unless the procedure is first approved by

order of the court or is necessary, in an emergency situation, to preserve the life or

prevent serious impairment of the physical health of the ward;

(4) To act with respect to the ward in a manner which limits the deprivation of civil

rights and restricts his personal freedom only to the extent necessary to provide

needed care and services to him; and

(5) To expend sums from the financial resources of the ward reasonable and necessary

to carry out the powers and duties assigned to him by the court.

If a separate limited conservator or conservator has been appointed for the ward, the

expenditure of funds by the limited guardian shall be consistent with the duties assigned

to and procedures and policies established by such limited conservator or conservator.

Conflicts arising between a limited guardian and a limited conservator or conservator

regarding the expenditure of funds which are unable to be otherwise resolved shall be

submitted to the court for resolution.
KRS § 426.382 — KY Code / Title XXXIX / Chapter 426 / Section 426.382
426.382 Answer to be verified -- Court may enforce discoveries
Status: in_force

426.382 Answer to be verified -- Court may enforce discoveries.

The answer of each defendant shall be verified by his oath, and not by that of an agent or

attorney, and the court shall, if necessary, enforce full and explicit discoveries in such

answers by process of contempt.
KRS § 309.130 — KY Code / Title XXVI / Chapter 309 / Section 309.130
309.130 Definitions for KRS 309.130 to 309.1399
Status: in_force

309.130 Definitions for KRS 309.130 to 309.1399.

As used in KRS 309.130 to 309.1399, unless the context otherwise requires:

(1) "Board" means the Kentucky Board of Licensure for Professional Art Therapists;

(2) "Licensed professional art therapist" means a person who has completed a master's

or doctoral degree program in art therapy, or an equivalent course of study, from an

accredited educational institution, has completed all of the requirements set out in

this chapter, and has been issued a license by the board for the independent practice

of art therapy;

(3) "Licensed professional art therapist associate" means a person who has:

(a) Completed a master's or doctoral degree program in art therapy, or an

equivalent course of study, from an accredited educational institution; and

(b) Been issued a license by the board to practice art therapy under an approved

clinical supervisor authorized by the board;

(4) "License holder" means a licensed professional art therapist or a licensed

professional art therapist associate licensed under the provisions of KRS 309.130 to

309.1399;

(5) "The practice of professional art therapy" means the integrated use of

psychotherapeutic principles, visual art media, and the creative process in the

assessment, treatment, and remediation of psychosocial, emotional, cognitive,

physical, and developmental disorders in children, adolescents, adults, families, and

groups. Nothing in this subsection shall be construed to authorize any licensed

professional art therapist to administer or interpret psychological tests in accordance

with KRS Chapter 319; and

(6) "Accredited institution" means a university or college accredited by a nationally-

recognized accrediting agency of institutions of higher education, or an institution

or clinical program approved by the American Art Therapy Association, Inc.