FrankGoortani/open-us-law huggingface dataset:
KRS § 278.5462 — KY Code / Title XXIV / Chapter 278 / Section 278.5462
278.5462 Broadband services not subject to state regulation -- Application of requirements of federal statutes and regulations -- Consumer complaints -- Telephone utility provision of service to competing local exchange
Status: in_force

278.5462 Broadband services not subject to state regulation -- Application of

requirements of federal statutes and regulations -- Consumer complaints --

Telephone utility provision of service to competing local exchange.

(1) The provision of broadband services shall be market-based and not subject to state

administrative regulation. Notwithstanding any other provision of law to the

contrary except as provided in subsections (3) and (4) of this section, no agency of

the state shall impose or implement any requirement upon a broadband service

provider with respect to the following:

(a) The availability of facilities or equipment used to provide broadband services;

or

(b) The rates, terms or conditions for, or entry into, the provision of broadband

service.

(2) Any requirement imposed upon broadband service in existence as of July 15, 2004,

is hereby voided upon enactment of KRS 278.546 to 278.5462. The provisions of

this section do not limit or modify the duties of a local exchange carrier or an

affiliate of a local exchange carrier to provide unbundled access to network

elements or the commission's authority to arbitrate and enforce interconnection

agreements, including provisions related to remote terminals and central office

facilities, to the extent required under 47 U.S.C. secs. 251 and 252, and any

regulations issued by the Federal Communications Commission at rates determined

in accordance with the standards established by the Federal Communications

Commission pursuant to 47 C.F.R. secs. 51.503 to 51.513, inclusive of any

successor regulations. Nothing contained in KRS 278.546 to 278.5462 shall be

construed to preclude the application of access or other lawful rates and charges to

broadband providers. Nothing contained in KRS 278.546 to 278.5462 shall

preclude, with respect to broadband services, access for those service providers that

use or make use of the publicly switched network.

(3) The commission may assist in the resolution of consumer service complaints.

(4) No telephone utility shall refuse to provide wholesale digital subscriber line service

to competing local exchange carriers on the same terms and conditions, filed in

tariff with the Federal Communications Commission, that it provides to Internet

service providers.
KRS § 171.640 — KY Code / Title XIV / Chapter 171 / Section 171.640
171.640 Documentation of agency matters -- Standards, rules and regulations
Status: in_force

171.640 Documentation of agency matters -- Standards, rules and regulations.

The head of each state or local agency shall cause to be made and preserved records

containing adequate and proper documentation of the organizational functions, policies,

decisions, procedures, and essential transactions of the agency and designed to furnish

information necessary to protect the legal and financial rights of the government and of

persons directly affected by the agency's activities. Such documentation shall be created,

managed, and preserved in accordance with standards, rules and regulations prescribed by

the department under the provisions of KRS 171.410 to 171.740.
KRS § 95.845 — KY Code / Title IX / Chapter 95 / Section 95.845
95.845 Custodian of property taken by peace officers or courts -- Property clerks -- Disposition
Status: in_force

95.845 Custodian of property taken by peace officers or courts -- Property clerks --

Disposition.

(1) The executive authority of any city which maintains a police department may

designate the chief of police as custodian of all property which comes within the

purview of KRS 67.592 which is taken by peace officers or courts within the city.

(2) The legislative body of any city may authorize the employment of a property clerk

and deputy property clerks, as necessary, subject to the same conditions as in KRS

67.592 and 67.594. The property clerk and deputy property clerks shall be appointed

by the executive authority of the city.

(3) Custody and disposition of all property in custody of the property clerk shall be

governed by the provisions of KRS 67.592 and 67.594 except that:

(a) The legislative body of the city may prescribe the duties of the property clerk

and deputy property clerks and require security for the faithful performance of

the duties imposed by KRS 67.594; and

(b) The proceeds of all property subject to the provisions of subsection (4) of

KRS 67.594 which is sold as provided in that section shall be credited to the

police department.

(4) All other provisions of KRS 67.592 and 67.594 shall apply to the city and to the

property clerk and deputies in the same manner as they do to the county.
KRS § 514.050 — KY Code / Title L / Chapter 514 / Section 514.050
514.050 Theft of property lost, mislaid, or delivered by mistake
Status: in_force

514.050 Theft of property lost, mislaid, or delivered by mistake.

(1) Except as provided in KRS 365.710, a person is guilty of theft of property lost,

mislaid, or delivered by mistake when:

(a) He or she comes into control of the property of another that he or she knows

to have been lost, mislaid, or delivered under a mistake as to the nature or

amount of the property or the identity of the recipient; and

(b) With intent to deprive the owner thereof, he or she fails to take reasonable

measures to restore the property to a person entitled to have it.

(2) Theft of property lost, mislaid, or delivered by mistake is a Class B misdemeanor

unless:

(a) The value of the property is five hundred dollars ($500) or more but less than

one thousand dollars ($1,000), in which case it is a Class A misdemeanor;

(b) The value of the property is one thousand dollars ($1,000) or more but less

than ten thousand dollars ($10,000), in which case it is a Class D felony;

(c) A person has three (3) or more convictions under paragraph (a) of this

subsection within the last five (5) years, in which case it is a Class D felony.

The five (5) year period shall be measured from the dates on which the

offenses occurred for which the judgments of conviction were entered; or

(d) The value of the property is ten thousand dollars ($10,000) or more, in which

case it is a Class C felony.

(3) If any person commits two (2) or more separate offenses of theft of property lost,

mislaid, or delivered by mistake within ninety (90) days, the offenses may be

combined and treated as a single offense, and the value of the property in each

offense may be aggregated for the purpose of determining the appropriate charge.
KRS § 333.150 — KY Code / Title XXVI / Chapter 333 / Section 333.150
333.150 Human specimens to be examined only on request of authorized persons -- Transmission of medical laboratory results -- Compliance with HIPAA -- Contents of lab report
Status: in_force

333.150 Human specimens to be examined only on request of authorized

persons -- Transmission of medical laboratory results -- Compliance with

HIPAA -- Contents of lab report.

(1) A medical laboratory shall examine human specimens only at the request of a

licensed physician, podiatrist, dentist, or other person authorized by law to use

the findings of medical laboratory examinations. The results of a test shall be

reported to the licensed health care provider who requested it.

(2) Medical laboratory results may be transmitted to:

(a) Any health care provider who is treating the patient;

(b) An electronic health information exchange or network for the purposes of

transmitting medical laboratory results to the ordering provider and to any

other provider for the purposes of treatment, payment, or operations if

patient consent has been obtained under the federal Health Insurance

Portability and Accountability Act of 1996, Pub. L. No. 104-191; and

(c) An electronic health information exchange or network for the purpose of

meeting the requirements of the American Recovery and Reinvestment

Act of 2009, Pub. L. No. 111-5, and its related federal regulations, and the

21st Century Cures Act, Pub. L. No. 114-255, and its related federal

regulations.

(3) All transactions under subsection (2) of this section shall be in compliance with

the federal Health Insurance Portability and Accountability Act of 1996, Pub. L.

No. 104-191.

(4) Laboratory reports shall include the name of the director and the name and

address of the medical laboratory in which the test was actually performed. All

specimens accepted by a medical laboratory shall be tested on the premises

except that specimens for infrequently performed tests may be forwarded for

examination to another medical laboratory licensed under this chapter or to a

medical laboratory located outside this state if licensed or approved by the

appropriate agency of the state concerned.
KRS § 230.750 — KY Code / Title XIX / Chapter 230 / Section 230.750
230.750 Maximum allowable commission for harness track -- Allocation of portion of commission
Status: in_force

230.750 Maximum allowable commission for harness track -- Allocation of portion

of commission.

The commission, including the tax levied in KRS 138.510, deducted from the gross

amount wagered by the person, corporation, or association which operates a harness

horse track under the jurisdiction of the corporation at which betting is conducted through

a pari-mutuel or other similar system shall not exceed eighteen percent (18%) of the gross

amount handled on straight wagering pools and twenty-five percent (25%) of the gross

amount handled on multiple wagering pools, plus the breaks, which shall be made and

calculated to the penny, except on races previously run in which the breaks shall be made

and calculated to the penny or retained in the pari-mutuel pools. Multiple wagering pools

shall include daily double, perfecta, double perfecta, quinella, double quinella, trifecta,

and other types of exotic betting. An amount equal to three percent (3%) of the total

amount wagered and included in the commission of a harness host track shall be allocated

by the harness host track in the following manner. Two percent (2%) shall be allocated to

the host for capital improvements, promotions, including advertising, or purses, as the

host track shall elect. Three-quarters of one percent (3/4 of 1%) shall be allocated to

overnight purses. One-quarter of one percent (1/4 of 1%) shall be allocated to the

Kentucky standardbred development fund. This allocation shall be made after deduction

from the commission of the pari-mutuel tax but prior to any other deduction, allocation or

division of the commission.
KRS § 118.455 — KY Code / Title X / Chapter 118 / Section 118.455
118.455 Compensation of presidential electors
Status: in_force

118.455 Compensation of presidential electors.

Each elector of President and Vice President of the United States, for each day he attends

at the State Capitol as an elector, shall receive the same per diem and mileage as may at

the time be allowed to members of the General Assembly, to be paid out of the State

Treasury.
KRS § 381.9123 — KY Code / Title XXXII / Chapter 381 / Section 381.9123
381.9123 Obligation of good faith
Status: in_force

381.9123 Obligation of good faith.

Every contract or duty governed by KRS 381.9101 to 381.9207 imposes an obligation of

good faith in its performance or enforcement.
KRS § 45.352 — KY Code / Title VI / Chapter 45 / Section 45.352
45.352 Hearings by designated review body
Status: in_force

45.352 Hearings by designated review body.

(1) The Legislative Research Commission shall, within ten (10) days of receiving any

block grant application from the state administering agency, provide for statewide

notice, pursuant to KRS Chapter 424, of public hearings to be conducted by the

designated review body for the purpose of receiving comments on the block grant

application.

(2) The Commission shall, no later than sixty (60) days prior to the submission of the

block grant application to the federal administering agency, provide for a public

hearing on each block grant application. The hearing may be held at such time,

place and location as the Commission shall determine. All hearings and

deliberations of the Commission pursuant to KRS 45.351 to 45.359 shall be

electronically recorded. The recordings shall constitute a public record.
KRS § 72.440 — KY Code / Title IX / Chapter 72 / Section 72.440
72.440 Circumstances under which coroner may order body exhumed
Status: in_force

72.440 Circumstances under which coroner may order body exhumed.

A coroner may, upon receipt of an affidavit from any person stating that he believes or

has reasonable grounds to believe that a person who is dead and buried died from

poisoning or other illegal cause, order the body exhumed and a post-mortem examination

or autopsy conducted.
KRS § 65.7057 — KY Code / Title IX / Chapter 65 / Section 65.7057
65.7057 Permitted sources for local funding for redevelopment assistance or projects -- Special assessments -- Local participation agreement required
Status: in_force

65.7057 Permitted sources for local funding for redevelopment assistance or

projects -- Special assessments -- Local participation agreement required.

(1) To provide funding for redevelopment assistance or projects in a development area

or projects in a local development area:

(a) Any taxing authority may, in addition to any other pledge permitted by law to

secure its obligations, pledge up to one hundred percent (100%) of the

incremental local tax revenues generated in the development area or local

development area or from a project within the development area or local

development area for up to thirty (30) years from the activation date;

(b) The amount of incremental revenues shall be determined for each type of tax

separately; and

(c) Local tax revenues from a development area that have not been pledged to

support redevelopment assistance or projects within the development area, or

from a local development area that have not been pledged to support projects

within the local development area, may be used to support other economic

development projects, provided that local tax revenues shall not be pledged

more than once. Thus, local tax revenues pledged to support increment bonds

issued for the development area or local development area shall not also be

pledged to support a specific project within the development area or local

development area, and those revenues shall not be pledged to support any

other program, development, or undertaking.

(2) Any city may pledge revenues collected under a special assessment imposed under

KRS 91A.200 to 91A.290 to support projects or the provision of redevelopment

assistance within a development area, or to support projects within a local

development area, and may pledge revenues collected from the assessment to

support increment bonds.

(3) Any county may levy a special assessment under the terms and conditions

established for cities under KRS 91A.200 to 91A.290 to support projects or the

provision of redevelopment assistance within a development area, or to support

projects within a local development area, and may pledge revenues collected from

the assessment to support increment bonds.

(4) Any city, county, or combination of cities and counties establishing a development

area or a local development area may pledge revenues collected pursuant to the

occupational license fee permitted by KRS 65.7056.

(5) Any pledge of incremental revenues or other revenues related to a development area

by a taxing district shall be accomplished through the execution of a local

participation agreement in accordance with KRS 65.7063.

(6) Any pledge of incremental revenues or other revenues related to a local

development area by a taxing district shall be accomplished through the execution

of a local development area agreement in accordance with KRS 65.7047.
KRS § 390.350 — KY Code / Title XXXIII / Chapter 390 / Section 390.350
390.350 Creditor claim -- Nongeneral power
Status: in_force

390.350 Creditor claim -- Nongeneral power.

(1) Except as otherwise provided in subsection (2) of this section, appointive property

subject to a nongeneral power of appointment is exempt from a claim of a creditor

of the powerholder or the powerholder's estate.

(2) Appointive property subject to a nongeneral power of appointment is subject to a

claim of a creditor of the powerholder or the powerholder's estate to the extent that

the powerholder owned the property and, reserving the nongeneral power,

transferred the property in violation of KRS Chapter 378A.
KRS § 529.170 — KY Code / Title L / Chapter 529 / Section 529.170
529.170 Being victim of human trafficking is affirmative defense to violation of chapter
Status: in_force

529.170 Being victim of human trafficking is affirmative defense to violation of

chapter.

A person charged under this chapter, or charged with an offense which is not a violent

crime as defined in KRS 17.165, may assert being a victim of human trafficking as an

affirmative defense to the charge.
KRS § 146.430 — KY Code / Title XII / Chapter 146 / Section 146.430
146.430 Office of Kentucky Nature Preserves -- Executive director -- Employees
Status: in_force

146.430 Office of Kentucky Nature Preserves -- Executive director -- Employees.

(1) The Office of Kentucky Nature Preserves is hereby created within the office of the

secretary to carry out the purposes of KRS 146.200 to 146.619. In order to

effectuate and administer KRS 146.200 to 146.619, the secretary may appoint a full-

time executive director who shall be qualified by training and experience to perform

the duties of this office and carry out the purpose of KRS 146.200 to 146.619, and

who shall hold office at the pleasure of the secretary. The salary of the director shall

be determined by the secretary. The executive director shall employ and fix the

compensation of such personnel as may be necessary to effectuate the provisions of

KRS 146.200 to 146.619.

(2) The executive director shall, upon the advice and consent of the secretary, provide

for the allocation of the work and activities of all employees of the office.

(3) If federal or other grant funds become available to pay their salaries, the executive

director may appoint and employ other persons that may be deemed necessary or

desirable to accomplish the purposes of KRS 146.200 to 146.619. The executive

director shall determine the compensation, duties, and terms of employment of

these employees, and grant-funded, time-limited positions shall be approved by the

secretary as needed. Employees whose salaries are funded through federal or other

grant funds shall not be counted in any tally of permanent employees made for

employee cap or budgetary purposes.
KRS § 250.391 — KY Code / Title XXI / Chapter 250 / Section 250.391
250.391 Analysis of fertilizers
Status: in_force

250.391 Analysis of fertilizers.

(1) It shall be the duty of the director to sample, inspect, make analyses of, and test

fertilizers distributed within this state at any time and place and to the extent he may

deem necessary to determine whether the fertilizers are in compliance with the

provisions of KRS 250.361 to 250.451. The director may enter upon any public or

private premises or carriers during regular business hours in order to have access to

fertilizer subject to the provisions of KRS 250.361 to 250.451 and the

administrative regulations pertaining thereto, and to the records relating to their

distribution.

(2) The methods of sampling and analysis shall be those adopted by the AOAC

International, 2200 Wilson Boulevard, Suite 400, Arlington, VA 22201-3301. In

cases not covered by such methods, or in cases where methods are available in

which improved applicability has been demonstrated, the director may adopt

appropriate methods from other sources.

(3) The director, in determining for administrative purposes whether any fertilizer is

deficient in plant food, shall be guided by the official sample as defined in KRS

250.366(9), and obtained and analyzed as provided for in subsection (2) of this

section.

(4) The results of official analysis of fertilizers and portions of official samples shall be

distributed by the director as provided by administrative regulation and in KRS

250.416. Official samples establishing a penalty for nutrient deficiency shall be

retained for a minimum of ninety (90) days from issuance of a deficiency report.
KRS § 6.955 — KY Code / Title II / Chapter 6 / Section 6.955
6.955 Fiscal note required for bill or resolution of Legislature or executive order relating to local government
Status: in_force

6.955 Fiscal note required for bill or resolution of Legislature or executive order

relating to local government.

(1) No bill or resolution which relates to any aspect of local government or any service

provided thereby shall be voted on by either chamber of the General Assembly

unless a fiscal note has been prepared and attached to the bill pursuant to KRS

6.960, except that, if in the chamber in which the bill is being considered, two-

thirds (2/3) of the members elected vote to waive the fiscal note requirement, no

note shall be required. The fiscal note waiver shall be certified by the clerk of the

chamber in which the bill is being considered, and such certification shall be

attached to the bill. Although waived in one chamber, a fiscal note shall be required

when the bill goes to the other chamber unless a majority of the members elected to

such chamber vote to waive the fiscal note requirement.

(2) An executive order which relates to any aspect of local government or any service

provided thereby shall not be issued unless a fiscal note has been prepared and

made a part of the order pursuant to KRS 6.960.
KRS § 407.5613 — KY Code / Title XXXV / Chapter 407 / Section 407.5613
407.5613 Jurisdiction to modify child support order of another state when individual parties reside in this state
Status: in_force

407.5613 Jurisdiction to modify child support order of another state when

individual parties reside in this state.

(1) If all of the parties who are individuals reside in this state and the child does not

reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to

modify the issuing state's child support order in a proceeding to register that order.

(2) A tribunal of this state exercising jurisdiction under this section shall apply the

provisions of Articles 1 and 2 of this chapter, this Article, and the procedural and

substantive law of the state to the proceeding for enforcement or modification.

Articles 3, 4, 5, 7, and 8 do not apply.
KRS § 320.200 — KY Code / Title XXVI / Chapter 320 / Section 320.200
320.200 Declaration of legislative policy concerning practice of optometry
Status: in_force

320.200 Declaration of legislative policy concerning practice of optometry.

The practice of optometry in the Commonwealth of Kentucky is hereby declared to affect

the public health and safety and is subject to regulation and control in the public interest.

Optometry is hereby declared to be a learned profession and it is further declared to be a

matter of public interest and concern that the practice of optometry as defined in this

chapter and the optometric profession merit and receive the confidence of the public and

that only qualified persons be admitted to the practice of optometry and be permitted to so

practice in the Commonwealth of Kentucky. This chapter shall be liberally construed to

carry out these objects and purposes in accordance with this declaration of policy.
KRS § 23A.055 — KY Code / Title IV / Chapter 23A / Section 23A.055
23A.055 Sixteenth Judicial Circuit
Status: in_force

23A.055 Sixteenth Judicial Circuit.

The Sixteenth Judicial Circuit is entitled to six (6) judges and shall have six (6) numbered

divisions of the Circuit Court.