FrankGoortani/open-us-law huggingface dataset:
KRS § 142.353 — KY Code / Title XI / Chapter 142 / Section 142.353
142.353 Security to insure compliance -- Sale of security or bearer bond -- Restraining order or injunction
Status: in_force

142.353 Security to insure compliance -- Sale of security or bearer bond --

Restraining order or injunction.

(1) Whenever it is deemed necessary to insure compliance with the provisions of KRS

142.301 to 142.363, the department may require any person subject to the taxes

imposed by KRS 142.303, 142.307, 142.309, 142.311, 142.314, 142.315, 142.316,

142.361, and 142.363 to place security with it. The amount of the security shall be

fixed by the department but shall not be greater than three (3) times the estimated

average liability of the provider or all providers in the same class as the provider,

whichever is greater. This limitation shall apply regardless of the type of security

placed with the department.

(2) The amount of the security may be increased or decreased by the department,

subject to the limitations provided in subsection (1) of this section.

(3) (a) If necessary, the department may sell the security at public auction in order to

recover any tax, penalty, or interest due. However, security in the form of a

bearer bond issued by the United States or any state or local governmental unit

which has a prevailing market price may be sold by the department at a private

sale at a price not lower than the prevailing market price.

(b) 1. The department shall provide notice by certified mail, sent to the last

known address as reflected in the records of the department, or by

delivery, to the person who placed the security with the department of

the date, time, and place of the sale.

2. Delivery means mailing the notice to the person it is addressed to,

leaving the notice at his place of business with the person in charge of

the place of business, or, if there is no one in charge, leaving the notice

at a conspicuous place at the place of business. If the place of business is

closed, or the person to be served has no place of business, leaving it at

his home, with a person of suitable age and discretion residing in the

home. Notice by certified mail must be postmarked no later than ten (10)

days prior to the sale. Notice by delivery must be given no later than ten

(10) days prior to the sale.

(c) Any amount in excess of the amount due the department after the sale shall be

returned to the person placing the security.

(4) The Commonwealth may bring an action for a restraining order or a temporary or

permanent injunction to restrain or enjoin the operation of a provider's business

until the security is obtained. The action may be brought in the Franklin Circuit

Court or in the Circuit Court having jurisdiction over the provider.
KRS § 156.501 — KY Code / Title XIII / Chapter 156 / Section 156.501
156.501 Student health services -- Responsibilities of Department of Education and Department for Public Health -- Filling of position
Status: in_force

156.501 Student health services -- Responsibilities of Department of Education and

Department for Public Health -- Filling of position.

(1) The Department of Education shall provide leadership and assistance to local

school districts relating to student health services. The department, working in

cooperation with the Department for Public Health, shall provide, contract for

services, or identify resources to improve student health services, including but not

limited to the following:

(a) Standardized protocols and guidelines for health procedures to be performed

by health professionals and school personnel. The protocols and guidelines

shall include but not be limited to the following:

1. The delegation of nursing functions consistent with administrative

regulations promulgated by the Kentucky Board of Nursing;

2. Training of designated nonmedical school personnel; and

3. Appropriate documentation and recordkeeping including, but not limited

to, notification to school administrators and parents or guardians of the

provision of health services by a school employee, including

certification of medical necessity for health services signed by a health

care professional, and informed consent for the provision of health

services by a parent or guardian.

A copy of the protocols and guidelines shall be made available to each school

in the Commonwealth and shall be maintained by each school in the school's

library;

(b) Consultation, technical assistance, and development of quality improvement

measures for the state and local boards of education, individual public

schools, and local health departments;

(c) Facilitation of statewide and local data collection and reporting of school

health services; and

(d) Information and resources that relate to the provision of school health

services.

(2) The Department of Education shall establish a position to assist in carrying out the

responsibilities required under subsection (1) of this section. The position may be

established with existing personnel resources, or by contract, with an individual

who is a registered nurse licensed under the provisions of KRS Chapter 314.
KRS § 160.291 — KY Code / Title XIII / Chapter 160 / Section 160.291
160.291 Manner of payment of salaries to school employees -- Pay for extra duties or services -- Fringe benefits program
Status: in_force

160.291 Manner of payment of salaries to school employees -- Pay for extra duties

or services -- Fringe benefits program.

(1) All school employees working on a continuing, regular basis, shall be paid

regularly, on dates determined by the employing board of education, during the

school year or during the fiscal year for twelve (12) month employees, the

provisions of KRS 337.020 notwithstanding. The gross salary received on each pay

date will be an amount equal to the school employee's annual salary divided by the

number of pay dates, except a local board of education shall pay an employee any

remaining salary owed prior to the end of the fiscal year upon completion of the

employee's responsibilities or duties if so notified by the employee.

(2) Salary amounts shall be paid on the prescribed pay dates without deduction for days

on which schools were closed; provided, however, any time not worked for which

pay is received must be made up prior to the end of that current school year, or pay

so received shall be withheld from the final salary payment of that school year.

(3) Gross Salary payments under subsection (1) of this section need not, but may,

include pay for extra duties or services. Payment for extra duties or services must be

paid pursuant to a payment plan adopted by the board of education prior to the

beginning of the school year. The board of education may also adopt a plan for

providing a program of fringe benefits to its employees.

(4) All payments made for salaries, extra duties, and fringe benefits by the board of

education under the authority of this section are deemed to be for services rendered

and for the benefit of the common schools; the payments do not affect the eligibility

of any school system to participate in the public school fund as established in KRS

Chapter 157. Nor shall any individual board member or administrator be held liable

where additional payments for such service become necessary. Provided, however,

that nothing in this section authorizes or requires the payment of salaries to

personnel when schools are closed as a result of a strike or other work stoppage or

when schools are open and personnel fail to render services. No part of this section

shall be law if any part is declared unconstitutional.

(5) Subsection (2) of this section does not apply to those employed on a twelve (12)

month basis.
KRS § 218A.282 — KY Code / Title XVIII / Chapter 218A / Section 218A.282
218A.282 Forgery of a prescription
Status: in_force

218A.282 Forgery of a prescription.

(1) A person is guilty of forgery of a prescription when, with intent to defraud, deceive,

or injure another, he falsely makes, completes, or alters a written instrument which

is or purports to be or which is calculated to become or to represent a prescription

for a controlled substance when completed.

(2) Forgery of a prescription is:

(a) For a first offense, a Class D felony.

(b) For a second or subsequent offense, a Class C felony.
KRS § 135.110 — KY Code / Title XI / Chapter 135 / Section 135.110
135.110 Liability of officer for failing to levy or return execution in name of state or county
Status: in_force

135.110 Liability of officer for failing to levy or return execution in name of state

or county.

Officers and their deputies failing to levy executions in the name of the state or county, or

withholding any such executions, and not making return thereof for one (1) month after

the return day, or failing to pay the money when collected, shall, together with their

sureties, be liable for the amount of the execution and twenty percent (20%) damages

thereon, to be recovered by action in the name of the state or county by the county

attorney.
KRS § 171.385 — KY Code / Title XIV / Chapter 171 / Section 171.385
171.385 Washington, Kentucky Historic Township Commission -- Creation
Status: in_force

171.385 Washington, Kentucky Historic Township Commission -- Creation.

(1) In order to preserve, augment and engender the historic qualities of Washington,

Mason County, Kentucky, there is hereby created the Washington, Kentucky

Historic Township Commission to devise a plan and undertake the general

restoration and development of Washington, Kentucky, as a late eighteenth and

early nineteenth century frontier town.

(2) The Washington, Kentucky Historic Township Commission, hereinafter referred to

as the commission, shall consist of eleven (11) members to be appointed by the

Governor from among the citizens of Washington and Mason County. The

commission shall elect one (1) of its members chairman and one (1) of its members

vice chairman.
KRS § 164A.590 — KY Code / Title XIII / Chapter 164A / Section 164A.590
164A.590 Contracting for architectural and engineering services
Status: in_force

164A.590 Contracting for architectural and engineering services.

(1) In the procurement of architectural and engineering services, the governing board of

the institution shall encourage firms engaged in the lawful practice of their

profession to submit an annual statement of qualifications and performance data.

(2) When the need for architectural and engineering services arise for specific projects,

the governing board shall evaluate current statements of qualifications and

performance data on file with the Commonwealth, together with those that may be

submitted by other firms and shall conduct discussions with no less than three (3)

firms regarding anticipated design concepts and the relative utility of alternative

methods of approach for furnishing the required services, and after applying the

reciprocal preference for resident bidders under KRS 45A.494, shall then select

therefrom, in order of preference, based upon criteria established and published, no

less than three (3) of the firms deemed to be the most highly qualified to provide the

services required.

(3) The governing board shall negotiate a contract with the highest qualified firm for

architectural and engineering services at compensation which the governing board

determines in writing to be fair and reasonable to the Commonwealth. In making

this decision, the governing board shall take into account the estimated value of the

services to be rendered, the scope, complexity, and professional nature thereof.

Should the governing board be unable to negotiate a satisfactory contract with the

firm considered to be the most qualified, at a price it determines to be fair and

reasonable to the institution, negotiations with that firm shall be formally

terminated. The governing board shall then undertake negotiations with the second

most qualified firm. Failing accord with the second most qualified firm, the

governing board shall formally terminate negotiations with that firm. The governing

board shall then undertake negotiations with the third most qualified firm. Should

the governing board be unable to negotiate a satisfactory contract with any of the

selected firms, it shall select additional firms in order of their competence and

qualification and the governing board shall continue negotiations in accordance

with this section until an agreement is reached.
KRS § 440.300 — KY Code / Title XL / Chapter 440 / Section 440.300
440.300 Bail permitted -- Conditions
Status: in_force

440.300 Bail permitted -- Conditions.

Unless the offense with which the prisoner is charged is shown to be an offense

punishable by death or life imprisonment under the laws of the state in which it was

committed, a judge in this state may admit the person arrested to bail by bond, with

sufficient sureties, and in such sum as he deems proper, conditioned for his appearance

before him at a time specified in such bond, and for his surrender, to be arrested upon the

warrant of the Governor of this state.
KRS § 217.934 — KY Code / Title XVIII / Chapter 217 / Section 217.934
217.934 Veterans are eligible patients -- Criteria
Status: in_force

217.934 Veterans are eligible patients -- Criteria.

A veteran shall be an eligible patient for hyperbaric oxygen therapy if he or she has:

(1) A diagnosis of traumatic brain injury that is attested to by the patient's treating

health care provider;

(2) A prescription for hyperbaric oxygen therapy written by his or her treating health

care provider; and

(3) Given written informed consent for the use of HBOT in accordance with KRS

217.936.
KRS § 278.310 — KY Code / Title XXIV / Chapter 278 / Section 278.310
278.310 Rules for hearings and investigations
Status: in_force

278.310 Rules for hearings and investigations.

All hearings and investigations before the commission or any commissioner shall be

governed by rules adopted by the commission, and in the conduct thereof neither the

commission nor the commissioner shall be bound by the technical rules of legal evidence.
KRS § 173.040 — KY Code / Title XIV / Chapter 173 / Section 173.040
173.040 Board of trustees -- Officers and employees
Status: in_force

173.040 Board of trustees -- Officers and employees.

(1) As soon as practicable after the passage of the ordinance providing for a free public

library, the mayor shall appoint twelve (12) trustees. The appointments shall be

made for four (4) year terms except that the original appointees shall be so

appointed that the terms of three (3) members shall expire each year. Each

appointee must be, at the time of his appointment, a taxpayer and qualified voter in

the city and must have resided therein for two (2) years prior to his appointment.

The mayor shall continue to appoint all twelve (12) trustees unless the county

judge/executive becomes authorized to appoint trustees under the provisions of

KRS 173.105, after which the mayor shall appoint only the trustee positions not

appointed by the county judge/executive. The trustees shall serve without

compensation. The twelve (12) trustees, whether appointed under this subsection or

under KRS 173.105, together with the mayor of the city, shall constitute the board

of trustees of the free public library, and shall be a corporation with power to make

such rules and regulations to govern itself and the property entrusted to its care as it

deems proper. Absence of a trustee from four (4) regular monthly meetings of the

board during any one (1) year of the trustee's term shall constitute automatic

resignation from the board by the trustee.

(2) Vacancies in the office of trustee shall be reported by the board to the mayor, if the

vacancy occurs in a trustee position filled by appointment of the mayor, or to the

county judge/executive if the vacancy occurs in a trustee position which the county

judge/executive has authority to fill under KRS 173.105. The vacancy shall be filled

by the mayor if so authorized or the county judge/executive if so authorized under

subsection (1) of this section and KRS 173.105, for the remainder of an unexpired

term or for a full term if the vacancy results from the expiration of a term. The

trustees shall, before entering upon the duties of office, make an oath or affirmation

before a judicial officer that they will discharge their duties.

(3) At its first meeting and each year thereafter, the board shall select members of the

board to serve as president and vice president, and it may choose other necessary

officers and employees, fix their duties and compensation, and remove them at

pleasure.
KRS § 183.061 — KY Code / Title XV / Chapter 183 / Section 183.061
183.061 Prohibition against operation of or acting as crewmember of civil aircraft while using or under the influence of alcohol or other substance -- Consent to tests -- Penalty -- Reports to Federal Aviation Administration
Status: in_force

183.061 Prohibition against operation of or acting as crewmember of civil aircraft

while using or under the influence of alcohol or other substance -- Consent to

tests -- Penalty -- Reports to Federal Aviation Administration.

(1) As used in this section, "crewmember" means any person performing or assigned to

perform any duty in a civil aircraft during the time which the aircraft is undergoing

preflight inspection, boarding, or carrying passengers or crew, or any time the

aircraft is under power or in flight.

(2) It is unlawful for any person to operate, attempt to operate, or act, or attempt to act,

as a crewmember of any civil aircraft in this Commonwealth:

(a) Within eight (8) hours after the consumption of any alcoholic beverage; or

(b) While under the influence of alcohol; or

(c) While using any substance that affects his faculties in any way contrary to

safety; or

(d) With four one-hundredths of one percent (0.04%) or more by weight of

alcohol in his blood.

(3) Any person who operates or attempts to operate or acts or attempts to act as a

crewmember of any aircraft in this Commonwealth is considered to have given his

consent to one (1) or more tests of his blood, breath, and urine, or combination

thereof, for the purpose of determining alcohol concentration or presence of a

substance which affects his faculties in any way contrary to safety, if arrested for a

violation of this section.

(4) Testing for alcohol concentration or other substances shall be done in the manner

prescribed in KRS Chapter 189A, and the defendant shall have the same rights as

provided by KRS Chapter 189A with regard to refusing the test.

(5) Any person who violates the provisions of subsection (2) of this section shall be

punished as provided in KRS 189A.010. Any person who refuses a test offered

pursuant to subsection (3) shall be fined two hundred dollars ($200) or be

imprisoned in the county jail for not less than forty-eight (48) hours nor more than

thirty (30) days, or both. Conviction for a violation of subsection (2) shall not bar a

conviction for refusal to take tests for alcohol or other substances. Conviction for

refusal to take tests for violation of alcohol or other substances shall not bar a

conviction for a violation of subsection (2).

(6) The filing of charges, results of chemical testing, and results of the trial or other

subsequent proceedings shall be reported to the division, branch, or office of the

Federal Aviation Administration having jurisdiction for regulation and certification

by the law enforcement agency making the arrest within thirty (30) days of the date

of arrest. Law enforcement agencies possessing evidence of a violation of this

section shall present the evidence for use by the Federal Aviation Administration as

well as for prosecution by the state under this section.
KRS § 212.390 — KY Code / Title XVIII / Chapter 212 / Section 212.390
212.390 Vacancies -- Resignations
Status: in_force

212.390 Vacancies -- Resignations.

(1) Any vacancy on the board occurring by reason of death, resignation,

disqualification, removal, or otherwise, of any appointive member shall be filled in

the same manner as the original appointment for the balance of the term of the

member whose place is so vacated. The appointing authority is hereby given the

exclusive power and authority to determine and declare when a vacancy exists.

(2) Except in a county containing a consolidated local government, if said county

judge/executive and said mayor fail within said thirty (30) day period to make an

appointment to fill any one (1) or more of the five (5) original positions of

membership on said board, then and in that event the appointment to fill any such

original position shall be made by the majority vote of a board to be composed of

the county judge/executive of such county, the mayor of such city, and the president

of the board of tuberculosis hospital in such county and city. Thereafter, in the event

said county judge/executive and said mayor fail to make an appointment to fill any

vacancy on said board within thirty (30) days after such vacancy, for any reason,

occurs, the board itself shall have the power and is hereby authorized to make the

appointment to fill such vacancy. In a county containing a consolidated local

government, the mayor shall fill a vacancy to the board no later than thirty (30) days

after the occurrence of the vacancy. In the event the mayor fails to make the

appointment within the thirty (30) days, the appointment shall be made by the

remaining members of the board.

(3) If the board has advance knowledge that a vacancy on the board will for any reason

occur, the board shall, in advance of the occurrence of such vacancy (thirty (30)

days in advance if possible) report in writing to the appointing authority the facts

pertaining to such approaching vacancy. In any case where the board does not have

advance knowledge of a pending vacancy, said board upon the occurrence of such

vacancy shall forthwith in writing report such vacancy to the appointing authority.

After said vacancy or vacancies have been so reported the procedure for filling such

vacancy or vacancies shall be the same as the general procedure hereinabove set

forth.

(4) Resignation by a member of the board shall be in writing addressed and submitted

to the appointing authority and a copy thereof furnished to the chairman of the

board.
KRS § 311A.105 — KY Code / Title XXVI / Chapter 311A / Section 311A.105
311A.105 Mailing and electronic mailing address -- Service of notice or orders of board
Status: in_force

311A.105 Mailing and electronic mailing address -- Service of notice or orders of

board.

Any person as defined in KRS 446.010 licensed or certified by the board shall maintain a

current mailing and electronic mailing address with the office of the board and

immediately notify the board in writing of a change of mailing or electronic mailing

address. As a condition of holding a license or certification from the board, a licensee or

certificate holder is deemed to have consented to service of notice or orders of the board

at the mailing address on file with the office of the board, and any notice or order of the

board mailed or delivered to the mailing address on file with the board constitutes valid

service of the notice or order.
KRS § 452.300 — KY Code / Title XLII / Chapter 452 / Section 452.300
452.300 Who may make motion for retransfer
Status: in_force

452.300 Who may make motion for retransfer.

A retransfer as provided in KRS 452.290 may be made upon motion of the Attorney

General or of the Commonwealth's attorney of the judicial circuit in which the indictment

is pending, upon ten (10) days' notice in writing to the defendant in the indictment unless

notice is waived in open court by the defendant.