FrankGoortani/open-us-law huggingface dataset:
KRS § 198B.700 — KY Code / Title XVII / Chapter 198B / Section 198B.700
198B.700 Definitions for KRS 198B.700 to 198B.738
Status: in_force

198B.700 Definitions for KRS 198B.700 to 198B.738.

As used in KRS 198B.700 to 198B.738, unless otherwise provided:

(1) "Applicant" means an individual who applies for a license as a home inspector;

(2) "Board" means the Kentucky Board of Home Inspectors established in KRS

198B.704;

(3) "Client" means a person who contracts with a licensed home inspector to obtain a

home inspection and subsequent written home inspection report;

(4) "Home inspection" means a visual analysis performed for compensation for the

purpose of providing a professional opinion and home inspection report by a

licensed home inspector, regarding the condition of a residential dwelling and the

dwelling's attached garages and carports, any reasonable accessible installed

components, and the operation of the dwelling's systems, including any controls

normally operated by the owner of the dwelling, for systems and components in the

standards of practice established by the board. Home inspection shall not include a

code compliance inspection, or an inspection required under the National

Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.

secs. 5401 et seq., as amended, and rules and regulations issued thereunder, or KRS

227.600 regarding manufactured homes;

(5) "Home inspection report" means a written report prepared by a licensed home

inspector for compensation and issued after a home inspection. The report shall

include the following:

(a) A report on any system or component inspected that, in the professional

opinion of the inspector, is significantly deficient;

(b) The inspector's recommendation to repair or monitor deficiencies reported

under paragraph (a) of this subsection;

(c) A list of any systems or components that were designated for inspection in the

standards of practice adopted by the board but that were not inspected; and

(d) The reason a system or component listed under paragraph (c) of this

subsection was not inspected;

(6) "Home inspector" means an individual who performs home inspections for

compensation;

(7) "Licensee" means a person who performs home inspections and who is licensed

under KRS 198B.700 to 198B.738 as a home inspector; and

(8) "Residential dwelling" means a structure consisting of at least one (1) but not more

than four (4) units, each designed for occupancy by a single family, whether the

units are occupied or unoccupied.
KRS § 292.415 — KY Code / Title XXV / Chapter 292 / Section 292.415
292.415 Claim of exemption -- Effect of failure to file
Status: in_force

292.415 Claim of exemption -- Effect of failure to file.

(1) Before any security may be issued as an exempt security under KRS 292.400(9) or

(12), a claim of exemption must first be filed with the commissioner and the

commissioner by order shall not have determined that the exemption is unavailable

within the next ten (10) full business days. A claim of exemption filed under this

section shall be in such form and contain such information as the commissioner by

rule or order requires and each offering shall be effective for a maximum of twelve

(12) consecutive months unless the commissioner by rule or order extends such

period of time, not to exceed five (5) years.

(2) The issuer may make offers, but not sales, before and during the ten (10) business

day period required by subsection (1) of this section, if:

(a) Each prospective purchaser is advised in writing that the offer is preliminary

and subject to material change; and

(b) No enforceable offer to purchase the securities may be made by a prospective

purchaser, and no consideration in any form may be accepted or received,

directly or indirectly, from a prospective purchaser, before the termination of

the ten (10) business day period and any order disallowing the exemption has

been vacated.

The commissioner may, by rule or order, prohibit offers by a particular class of

issuers before the expiration of the ten (10) business day period required by

subsection (1) of this section, or may require issuers to comply with additional

conditions and requirements prior to making offers before the expiration of the

period, if appropriate in furtherance of the intent of this chapter.

(3) The commissioner may issue a stop order denying effectiveness to, or suspending or

revoking the effectiveness of an exemption, if the commissioner finds that the order

is in the public interest and that any security has been or is about to be offered or

sold in violation of this section. If the commissioner finds it appropriate in the

public interest or necessary for the protection of investors, the commissioner may

order any issuer in violation of this section to make an offer of rescission.

(4) Failure by any person to file a claim of exemption under this section shall not give

rise to a private right of action under KRS 292.330(1), 292.340, or 292.480 which

would not otherwise be available under the provisions of this chapter.

(5) Any person who fails to file a claim of exemption under this section, unless he or

she does so intentionally, shall not be subject to KRS 292.991.
KRS § 610.071 — KY Code / Title LI / Chapter 610 / Section 610.071
610.071 Requirement for certain persons to attend hearings -- Penalty
Status: in_force

610.071 Requirement for certain persons to attend hearings -- Penalty.

(1) At any hearing or other proceeding under KRS Chapters 630 to 645, at least one (1)

person ordered by the court pursuant to KRS 610.070(4) to attend hearings or

proceedings involving the child shall be present. The court shall make reasonable

accommodations to allow the person to attend.

(2) A person who has been excluded from a hearing pursuant to KRS 610.070(3) and

has not subsequently been ordered by the court to be present at future proceedings

shall not be charged under this section.

(3) If a violation of subsection (1) of this section occurs, any parent, guardian, or other

person who was ordered pursuant to KRS 610.070(4) to attend hearings or

proceedings involving the child shall be fined not more than five hundred dollars

($500) or ordered to participate in up to forty (40) hours of community service.
KRS § 6.930 — KY Code / Title II / Chapter 6 / Section 6.930
6.930 Report of committee findings and recommendations
Status: in_force

6.930 Report of committee findings and recommendations.

(1) The committee may report its findings and recommendations to the head of the

state agency or program and the secretary of the cabinet to which the report

pertains.

(2) The secretary of the cabinet or the head of the state agency or program to

which the report pertains shall give affirmative consideration to the report within

sixty (60) days of the adoption of the report by:

(a) Adopting the committee's recommendations and reporting their actions to

the committee; or

(b) Otherwise correcting the deficiency and reporting their actions, and the

reasons for not adopting the committee's recommendations, to the

committee.

(3) If no corrective action is taken by the secretary of the cabinet or by the head of

the state agency or program in response to a committee report under

subsections (1) and (2) of this section, or if the committee deems the corrective

action taken to be unsuitable, the committee may report the matter to the

General Assembly, together with its recommendations.

(4) The committee may report the results of each of its studies, including the

committee's recommendations for any further action, to the General Assembly.

(5) The committee may report any matter under its study to any law enforcement

agency, the Auditor of Public Accounts, or any other state official having

jurisdiction over the matter for investigation. If a matter is referred under this

subsection, the law enforcement agency, Auditor of Public Accounts, or other

state official with jurisdiction over the matter shall make a report to the

committee with its findings within thirty (30) days of completion of the

investigation.
KRS § 202A.428 — KY Code / Title XVII / Chapter 202A / Section 202A.428
202A.428 Revocation of advance directive for mental health treatment
Status: in_force

202A.428 Revocation of advance directive for mental health treatment.

An advance directive may be revoked by:

(1) A document that is signed and dated by the grantor and declares an intention to

revoke;

(2) An oral statement of intent to revoke made by a grantor to a health care provider in

the presence of some other person; or

(3) Destruction of the document by the grantor or by some person in the grantor's

presence at the grantor's direction.
KRS § 220.190 — KY Code / Title XVIII / Chapter 220 / Section 220.190
220.190 Duties of treasurer -- Bond
Status: in_force

220.190 Duties of treasurer -- Bond.

The treasurer shall keep an accurate account of all money received or disbursed by the

district, make periodic accountings and reports thereof as directed by the board of

directors, make regular semiannual accountings, assist any auditors employed by the

board to check the financial records of the district, sign all checks or vouchers of the

district, deposit all funds received in any bank selected by the board, and perform all

other functions as chief financial officer of the district as directed by the board. No check

or voucher shall be valid until countersigned by the president of the board. The treasurer

shall give a good and sufficient bond to the board for the faithful and honest performance

of his duties and as security for all money coming into his hands or under his control. The

cost of the bond shall be paid by the district.
KRS § 96.880 — KY Code / Title IX / Chapter 96 / Section 96.880
96.880 Plant not subject to authority of Public Service Commission except as to extension of service -- Bonds do not require approval
Status: in_force

96.880 Plant not subject to authority of Public Service Commission except as to

extension of service -- Bonds do not require approval.

(1) It shall not be necessary for any municipality proceeding under KRS 96.550 to

96.900 to obtain any certificate of convenience and necessity, license, permit, or

other authorization, from any board, commission, or other agency of Kentucky, in

order to acquire, maintain and operate any electric plant.

(2) Neither the Public Service Commission of Kentucky nor any other board or

commission of like character shall, unless in the future expressly authorized, have

jurisdiction over such board or municipality in the management and control of any

electric plant whether within or without its boundaries, or any power or authority

over the regulation of rates or charges, except that the Public Service Commission

may, when it determines that such action is in the public interest and will not

jeopardize the financial structure of the system, require any such municipality to

extend service within or without its boundaries to customers not previously served

by such municipality. Its orders may be enforced by mandamus or mandatory

injunction.

(3) If and when any board organized and operating under the provisions of KRS 96.550

to 96.900 shall be required by the Public Service Commission to extend its services

within or without its boundaries to customers not previously served by such

municipality or board, revenue bonds may be issued and sold by the board in an

amount sufficient for the board to obtain all money necessary to pay the cost of such

extended service.

(4) Bonds may be issued under KRS 96.550 to 96.900 without respect to the provisions

of any laws requiring the prior approval of any court, commission, board, or

regulatory authority.
KRS § 148.564 — KY Code / Title XII / Chapter 148 / Section 148.564
148.564 Articles of incorporation -- Executive committee of board -- Authority to act on board's behalf -- Bylaws
Status: in_force

148.564 Articles of incorporation -- Executive committee of board -- Authority to

act on board's behalf -- Bylaws.

(1) The board shall develop articles of incorporation and appropriate documentation to

establish its existence as a nonprofit corporation under KRS 58.180.

(2) The board may establish from among its membership an executive committee,

which shall have full authority to act between board meetings to the extent

delegated by the board.

(3) The board may enact bylaws concerning the election of officers and other

administrative procedures it deems necessary.
KRS § 48.192 — KY Code / Title VI / Chapter 48 / Section 48.192
48.192 Commonwealth postsecondary prepaid tuition trust fund recommendations
Status: in_force

48.192 Commonwealth postsecondary prepaid tuition trust fund recommendations.

Notwithstanding any other provision of law, if the report of the actuary submitted in an

odd-numbered year pursuant to KRS 164A.704(7)(b) reflects that there will be a real

liability expected to accrue during the upcoming biennium that cannot be met with

existing resources of the Commonwealth postsecondary education prepaid tuition trust

fund created pursuant to KRS 164A.701, the Governor shall include in the budget

recommendation for the executive branch and in the draft branch budget bill for the

executive branch submitted to the General Assembly an appropriation to the board in an

amount necessary to meet the real liability expected to accrue in each fiscal year of the

biennium.
KRS § 256.020 — KY Code / Title XXI / Chapter 256 / Section 256.020
256.020 Agreement for division fence -- Effect
Status: in_force

256.020 Agreement for division fence -- Effect.

(1) Persons owning adjoining lands may agree to erect division fences between them

and keep them in repair.

(2) If the agreement is reduced to writing, signed by the parties to it and acknowledged

or proven, as deeds are required to be, it may be entered of record in the office of

the county clerk of the county in which the land is situated, and shall have the same

effect as a deed.
KRS § 65.241 — KY Code / Title IX / Chapter 65 / Section 65.241
65.241 Public agency must notify establishing local governments of its intent to enter into interlocal agreement -- Response or nonresponse of local governments
Status: in_force

65.241 Public agency must notify establishing local governments of its intent to

enter into interlocal agreement -- Response or nonresponse of local

governments.

(1) A public agency as defined in KRS 65.230(3)(c) to (f) shall provide written

notification to the governing body of each of its establishing local governments of

its intent to enter into an interlocal agreement pursuant to the provisions of KRS

65.210 to 65.300 that includes a:

(a) Written description and purpose of the proposed agreement;

(b) Copy of the proposed agreement; and

(c) Statement that the governing body of the establishing local government may

either approve or disapprove the public agency's entry into the proposed

agreement by sending a written response of its approval or disapproval within

thirty (30) days of the receipt of the notification from the public agency. The

statement shall also note that if an establishing local government does not

respond within that thirty (30) day period, the establishing local government

shall be deemed to have approved the proposed entry into the agreement.

(2) In order for a public agency as defined in KRS 65.230(3)(c) to (f) to enter into an

agreement pursuant to the provisions of KRS 65.210 to 65.300, each governing

body of the local government establishing that public agency, if more than one (1),

shall:

(a) Notify the public agency of its approval in writing within thirty (30) days of

receipt of the notification as set out in subsection (1) of this section; or

(b) Make no response. If the governing body of the local government makes no

response within thirty (30) days of the notification as set out in subsection (1)

of this section, the nonresponse shall be deemed to be approval of the

proposal.
KRS § 132.150 — KY Code / Title XI / Chapter 132 / Section 132.150
132.150 Valuation of distilled spirits certified to county clerks -- Local tax rate
Status: in_force

132.150 Valuation of distilled spirits certified to county clerks -- Local tax rate.

Immediately after the valuation of the distilled spirits has been finally fixed, the

department shall certify to the county clerks of the respective counties the amount liable

for county, city, or district taxation, and the date when the bonded period will expire on

the spirits. The report shall be filed by the county clerk in his office, and certified by him

to the proper collecting officer of the county, city, or taxing district for collection. The

spirits, in addition to the tax for state purposes, shall be taxed for county, school, and city

purposes at the prevailing rates of taxation on tangible personal property in the respective

counties, school districts, and cities in which the spirits are stored, but the combined rate

of taxation for city and school purposes in cities of the first class shall not exceed one

dollar and twenty-five cents ($1.25) on each one hundred dollars ($100) of assessed value

of the spirits.
KRS § 262.380 — KY Code / Title XXI / Chapter 262 / Section 262.380
262.380 Board to supervise referendum -- Effect of informalities
Status: in_force

262.380 Board to supervise referendum -- Effect of informalities.

(1) The board shall supervise the referendum, prescribe appropriate regulations

governing the conduct of the referendum and publish the result of the referendum.

Only owners of lands within the district may vote in the referendum.

(2) No informalities in the conduct of the referendum or in any matters relating to the

referendum shall invalidate the referendum or its result if notice of the referendum

shall have been given substantially as provided in KRS 262.370 and the referendum

has been fairly conducted.
KRS § 181.510 — KY Code / Title XV / Chapter 181 / Section 181.510
181.510 Contracts to do away with tolls
Status: in_force

181.510 Contracts to do away with tolls.

(1) Any city may enter into contracts for the purpose of doing away with tolls on

bridges wholly or partly within the city.

(2) The person contracting with the city shall agree to:

(a) Acquire ownership of the bridge or portion thereof, unless it has already

acquired such ownership;

(b) Operate and maintain the bridge;

(c) Collect tolls for traffic over the bridge or portion of bridge;

(d) Subject to the provisions of KRS 181.520, apply the revenues of the bridge to

the amortization of the cost of the bridge or portion of bridge; and

(e) Turn over the bridge or portion of bridge to the city upon completion of the

amortization.
KRS § 15.625 — KY Code / Title III / Chapter 15 / Section 15.625
15.625 Appeal
Status: in_force

15.625 Appeal.

(1) Any person aggrieved by a determination of the Attorney General under KRS

15.610 to 15.620 may appeal the determination to the Franklin Circuit Court or to

the Circuit Court of the county in which the appellant resides. The court, sitting

without a jury, shall dispose of the appeal in a summary manner, except as provided

in subsection (2) of this section, being limited to determining whether:

(a) The Attorney General acted without or in excess of his powers;

(b) The determination is in conformity with KRS 15.605 to 15.635; and

(c) The findings of fact support the determination.

(2) The Circuit Court, in its discretion, may make further findings of fact and allow the

introduction of proof by the interested parties.

(3) The court shall enter its findings on the order book as a judgment of the court.
KRS § 212.910 — KY Code / Title XVIII / Chapter 212 / Section 212.910
212.910 District health department -- Establishment in county containing city of first class or city with population of 15,000 or more -- Appropriation
Status: in_force

212.910 District health department -- Establishment in county containing city of

first class or city with population of 15,000 or more -- Appropriation.

(1) In any county containing a city of the first class or a city with a population equal to

or greater than fifteen thousand (15,000) based upon the most recent federal

decennial census, the fiscal court of the county and the legislative body of the city,

by joint action, may unite with a district health department in accordance with the

provisions of KRS 212.810 to 212.930.

(2) The appropriation to a district health department shall be paid by the city and by the

county in such proportion as may be agreed upon between the city legislative body

and fiscal court at the time of joining the district health department. After the

district health department has been established the annual expenses of its

proportionate share of maintenance and operation shall be borne in the same

proportion, or as may be agreed upon between the city legislative body and the

fiscal court. The city legislative body and fiscal court shall each make an annual

levy sufficient to produce the necessary amount.
KRS § 248.610 — KY Code / Title XXI / Chapter 248 / Section 248.610
248.610 Restriction on use of tobacco stalks -- Exception
Status: in_force

248.610 Restriction on use of tobacco stalks -- Exception.

(1) No person shall use, and no person shall purchase or otherwise acquire for intended

use, any tobacco stalks in any manner that could result in human consumption by

smoking or other use of tobacco stalks. This section does not prohibit the use of

tobacco stalks in new and innovative uses for tobacco.

(2) The Department of Agriculture shall enforce this section, and shall initiate

prosecution whenever and wherever it has reasonable grounds to believe this section

is being violated.
KRS § 100.233 — KY Code / Title IX / Chapter 100 / Section 100.233
100.233 Administration of oaths
Status: in_force

100.233 Administration of oaths.

The chairman of any board of adjustments shall have the power to administer an oath to

witnesses prior to their testifying before the board on any issue.
KRS § 320.312 — KY Code / Title XXVI / Chapter 320 / Section 320.312
320.312 Physical or mental examination of an optometrist -- Limited license
Status: in_force

320.312 Physical or mental examination of an optometrist -- Limited license.

(1) When the board has reason to believe, based upon its own information or a

complaint or inquiry directed to the board, that an optometrist is suffering from a

physical or mental condition that might impede his ability to practice competently,

the board may order the optometrist to undergo a physical or mental examination by

persons designated by the board, at the expense of the optometrist.

(2) Failure of an optometrist to submit to an examination when directed shall constitute

an admission that the concerned optometrist has developed a physical or mental

disability, or other conditions, that continued practice is dangerous to patients or to

the public and the board may act accordingly pursuant to KRS 320.310.

(3) The board may limit the optometrist's license privileges pursuant to this section in

addition to the other alternatives set forth in KRS 320.310.

(4) An optometrist whose license has been suspended, limited, or revoked under this

section shall, at reasonable intervals, be afforded an opportunity to demonstrate that

he is able to resume the competent practice of optometry with reasonable skill and

safety to patients.