FrankGoortani/open-us-law huggingface dataset:
KRS § 175B.037 — KY Code / Title XV / Chapter 175B / Section 175B.037
175B.037 Use of public-private partnership -- Requirements -- Administrative regulations
Status: in_force

175B.037 Use of public-private partnership -- Requirements -- Administrative

regulations.

(1) The state authority, a bi-state authority, or a project authority may, with

approval of the General Assembly pursuant to KRS 175B.020(10), and if

applicable, KRS 175B.030(9), utilize a public-private partnership.

(2) An authority utilizing a public-private partnership shall continue to be

responsible for oversight of any function authorized by this chapter that is

delegated to or otherwise performed by a public-private partnership.

(3) A public-private partnership shall not be used to circumvent any requirements

or restrictions placed upon any authority pursuant to this chapter.

(4) An authority proposing to utilize a public-private partnership shall include in the

financial plan required by KRS 175B.030 or 175B.035:

(a) The parameters of the public-private partnership agreement;

(b) The duties and responsibilities to be performed by the private partner or

partners;

(c) The methods of oversight to be employed by the authority;

(d) The duties and responsibilities of the project that are to be performed by

the authority, the cabinet, and any other partners to the agreement; and

(e) Other information required by the state authority or the cabinet to

evaluate the financial plan and the proposed public-private partnership.

(5) A private entity desiring to be a private partner shall demonstrate to the

satisfaction of the state authority and the cabinet that it is capable of

performing any function to be authorized by the public-private partnership.

(6) A public-private partnership authorized or utilized pursuant to this section shall

be subject to KRS 176B.030(5) to (8).

(7) The cabinet shall promulgate administrative regulations detailing the

procurement approach and proposal review process to be used for a

public-private partnership by December 31, 2016.
KRS § 45A.200 — KY Code / Title VI / Chapter 45A / Section 45A.200
45A.200 Contract adjustment clauses -- Termination clause
Status: in_force

45A.200 Contract adjustment clauses -- Termination clause.

(1) For all construction contracts expected to exceed fifty thousand dollars ($50,000) in

price, the secretary of the Finance and Administration Cabinet shall specify clauses

providing for adjustments to contract terms and conditions where there has been:

(a) A unilaterally ordered change by the Commonwealth; or

(b) A site condition differing from that indicated in the contract except for

turnkey contracts or negotiated contracts when appropriate written findings of

fact have been made; or

(c) Variation in the estimated quantities in a contract providing for estimated

quantities; or

(d) A unilateral suspension of work by the Commonwealth.

(2) In addition, there shall also be specified for inclusion in all construction contracts

expected to exceed fifty thousand dollars ($50,000) in price a clause providing that

a contract may be terminated for the convenience of the Commonwealth or for

default, and further providing for liquidated damages when appropriate and as

specified in the contract schedule, with excuses for nonperformance specifically

provided for therein.

(3) The above specified clauses and conditions required for inclusion in all construction

contracts expected to exceed fifty thousand dollars ($50,000) in price shall be

available for optional use in other construction contracts.
KRS § 367.4771 — KY Code / Title XXIX / Chapter 367 / Section 367.4771
367.4771 Cancellation of purchase of an interest from subdivider
Status: in_force

367.4771 Cancellation of purchase of an interest from subdivider.

(1) In addition to any right otherwise to revoke an offer, the buyer has the right to

cancel a purchase of an interest from a subdivider until midnight of the fifth

business day after the day on which the buyer signs an agreement or offer to

purchase which is subject to KRS 367.470 to 367.486.

(2) Cancellation occurs when the buyer gives written notice of cancellation to the

subdivider at the address stated in the agreement or offer to purchase.

(3) Notice of cancellation, if given by mail, is given when it is deposited in a mailbox,

properly addressed and postage prepaid.

(4) Notice of cancellation given by the buyer need not take a particular form and is

sufficient if it indicates by any form of written expression the intention of the buyer

not to be bound by the purchase of an interest.
KRS § 163.460 — KY Code / Title XIII / Chapter 163 / Section 163.460
163.460 Definitions for chapter
Status: in_force

163.460 Definitions for chapter.

As used in this chapter unless the context otherwise requires:

(1) "Office" means the Office of Vocational Rehabilitation, or the duly authorized

division within the Office of Vocational Rehabilitation;

(2) "Legally blind" means a visual acuity of 20/200 or less in the better eye with

correction or a visual field of 20 degrees or less;

(3) "Visually impaired" means a condition of the eye with correction which constitutes

or progressively results for the individual in a substantial disability to employment;

and

(4) "Executive director" means the executive director of the Office of Vocational

Rehabilitation or the director of the duly authorized division within the Office of

Vocational Rehabilitation.
KRS § 311.6207 — KY Code / Title XXVI / Chapter 311 / Section 311.6207
311.6207 Physician disclosure obligations
Status: in_force

311.6207 Physician disclosure obligations.

Nothing in KRS 311.6204 to 311.6207 shall be construed to:

(1) Allow a physician to withhold information requested by the current version of the

uniform application form for the evaluation and reevaluation of health care

providers required by KRS 304.17A-545; or

(2) Waive a physician’s obligation to:

(a) Disclose information regarding any condition for which the physician is not

being appropriately treated and that impairs the physician’s judgment or

adversely affects the physician’s ability to practice medicine in a competent,

ethical, and professional manner; or

(b) Report information regarding another physician to the Kentucky Board of

Medical Licensure under KRS 311.606.
KRS § 3.025 — KY Code / Title I / Chapter 3 / Section 3.025
3.025 Jurisdiction over federal correctional institution at Ashland ceded
Status: in_force

3.025 Jurisdiction over federal correctional institution at Ashland ceded.

Kentucky cedes to the United States jurisdiction over the area embraced by the federal

correctional institution at Ashland.
KRS § 45A.863 — KY Code / Title VI / Chapter 45A / Section 45A.863
45A.863 Antinepotism provisions
Status: in_force

45A.863 Antinepotism provisions.

(1) A person shall not serve on an underwriter or bond counsel selection committee if

that person, his spouse, either of his parents, any of his siblings, or any of his

children is employed by a bond counsel or underwriter which has prequalified

pursuant to KRS 45A.853(1) or owns one percent (1%) or more of a bond counsel

or underwriter firm which has prequalified pursuant to KRS 45A.853(1).

(2) If, in the course of an individual's service on a selection committee, he, his spouse,

either of his parents, any of his siblings, or any of his children is employed by an

underwriter or bond counsel which has prequalified pursuant to KRS 45A.853(1) or

owns one percent (1%) or more of an underwriter or bond counsel firm which has

prequalified pursuant to KRS 45A.853(1), then his membership on the selection

committee shall end and the vacancy shall be filled as prescribed in KRS 45A.843.

(3) For a period of one (1) year after a person ends his service on a selection committee,

the Commonwealth shall not consider employing an underwriter or a bond counsel

if that person, his spouse, either of his parents, any of his siblings, or any of his

children is employed by a firm which was awarded a contract by a selection

committee on which he served or owns one percent (1%) or more of a firm which

was awarded a contract by a selection committee on which he served.
KRS § 16.132 — KY Code / Title III / Chapter 16 / Section 16.132
16.132 Collection of statistical data concerning sexual offenses and sexual assault evidence kits -- Tracking process for evidence kits -- Public portal for victims to access the system
Status: in_force

16.132 Collection of statistical data concerning sexual offenses and sexual assault

evidence kits -- Tracking process for evidence kits -- Public portal for victims

to access the system.

(1) The Department of Kentucky State Police shall request from other law enforcement

agencies, pursuant to KRS 17.150, and shall collect statistical data regarding the

reporting and investigation of any person charged with committing, attempting to

commit, or complicity to a sexual offense as defined by KRS 510.040, 510.050,

510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 530.020,

530.064(1)(a), and 531.310, and on the number of sexual assault evidence kits, as

defined in KRS 216B.400, which are submitted to law enforcement agencies, the

number of such kits submitted to the Department of Kentucky State Police forensic

laboratory, and the number of kits tested.

(2) The information collected pursuant to this section for the previous calendar year

shall be provided by May 1, 2018, and by each May 1 thereafter to the Sexual

Assault Response Team Advisory Committee as defined in KRS 403.707.

(3) The department shall by July 1, 2020, create and implement a tracking process for

sexual assault forensic evidence kits. The department shall by December 1, 2020,

promulgate administrative regulations governing the tracking process. The tracking

process shall include, and the administrative regulations promulgated pursuant to

this subsection shall require, a public portal allowing victims to access the system,

and shall provide for the information to be submitted to the Department of

Kentucky State Police.
KRS § 349.150 — KY Code / Title XXVIII / Chapter 349 / Section 349.150
349.150 Protection of rights in water resources -- Responsibility of operators to protect and preserve water supply
Status: in_force

349.150 Protection of rights in water resources -- Responsibility of operators to

protect and preserve water supply.

(1) Nothing in this chapter shall be construed as affecting, in any way, the right of any

person to enforce or protect, under applicable law, his or her interest in water

resources affected by a coalbed methane well or related operations.

(2) The operator of a coalbed methane well shall replace the water supply of an owner

of an interest in real property who obtains all or part of his or her supply of water

for domestic, agricultural, industrial, or other legitimate use from an underground or

surface source where the supply has been affected by contamination, diminution, or

interruption proximately resulting from the operation of a coalbed methane well.
KRS § 39F.190 — KY Code / Title V / Chapter 39F / Section 39F.190
39F.190 Development of comprehensive written search and rescue plan
Status: in_force

39F.190 Development of comprehensive written search and rescue plan.

(1) Each local search and rescue coordinator shall assist local rescue squads in

developing a comprehensive written search and rescue plan which shall address as a

minimum:

(a) Direction and control responsibilities or incident command system

procedures;

(b) Notification and reporting procedures and requirements;

(c) Call-out procedures;

(d) Resource identification;

(e) Coordination of resources;

(f) Mutual aid agreements;

(g) Training requirements for search and rescue responders and managers;

(h) Coordination of all on-scene operations with other local, state, and federal

agencies; and

(i) The provision of copies of topographical maps for search team members.

(2) The local search and rescue plan shall be incorporated into the rescue services

annex of the local emergency operations plan and submitted for review and

adoption as part of the local emergency operations plan.

(3) The local search and rescue plan shall be a public record and shall be updated not

less than annually. A copy of the plan shall be filed with the division not less than

ten (10) days after each update or amendment.
KRS § 27A.090 — KY Code / Title IV / Chapter 27A / Section 27A.090
27A.090 Criminal records check performed for Justice and Public Safety Cabinet -- Fee -- Request conditions
Status: in_force

27A.090 Criminal records check performed for Justice and Public Safety Cabinet -

- Fee -- Request conditions.

(1) In any instance that the Justice and Public Safety Cabinet is required by statute to

conduct a criminal records or background check, the Justice and Public Safety

Cabinet may contract with the Administrative Office of the Courts to perform that

service.

(2) (a) Except as provided in paragraph (b) of this subsection, the Administrative

Office of the Courts shall set a reasonable fee for a criminal records check

conducted by the office in an amount no greater than the actual cost of

conducting that criminal records check.

(b) When another statute sets the dollar amount of the fee charged for a criminal

records check conducted by the Administrative Office of the Courts, the office

shall charge that fee.

(3) The Administrative Office of the Courts shall be required to accept a criminal

records check request only when the request is made:

(a) By letter, electronic mail, or facsimile transmission; or

(b) In person.

(4) The Administrative Office of the Courts may establish an escrow account for a

person who frequently requests that the office conduct criminal records checks.
KRS § 107.760 — KY Code / Title IX / Chapter 107 / Section 107.760
107.760 Political subdivision's ability to own or operate water facility not limited
Status: in_force

107.760 Political subdivision's ability to own or operate water facility not limited.

Nothing in KRS 107.720 to 107.750 shall be construed to limit a political subdivision's

ability to own, operate, maintain or finance the acquisition, construction, operation or

maintenance of drinking water, water or wastewater treatment systems whether or not a

privatization project comprises a portion of or is otherwise connected to any such system.
KRS § 164.360 — KY Code / Title XIII / Chapter 164 / Section 164.360
164.360 Appointment and removal of president, faculty, and employees -- Performance and productivity evaluations
Status: in_force

164.360 Appointment and removal of president, faculty, and employees --

Performance and productivity evaluations.

(1) (a) Each board of regents for the universities shall appoint a president, appoint all

faculty members and employees, and fix their compensation and tenure of

service, subject to the provisions of subsections (2) to (5) of this section.

Faculty member and employee appointment and removal decisions may be

delegated to the president in accordance with policy adopted by each board of

regents.

(b) The board of regents for the Kentucky Community and Technical College

System shall appoint a president, appoint all faculty members and employees,

and fix their compensation and tenure of service, subject to the provisions of

subsections (2) to (5) of this section. Faculty member and employee

appointment and removal decisions may be delegated to the president in

accordance with policy adopted by the board of regents.

(2) No person shall be employed at an institution where his or her relative serves on the

board of regents for that institution.

(3) Each board may remove the president of the university or Kentucky Community

and Technical College System, and the president may remove any faculty member

or employee.

(4) No president or faculty member shall be removed except for cause, which shall

include incompetency, neglect of or refusal to perform his or her duty, immoral

conduct, or failure to meet college or university performance and productivity

requirements as determined in accordance with subsection (5) of this section. A

president or faculty member shall not be removed until after thirty (30) days' notice

in writing, stating the nature of the charges preferred, and after an opportunity has

been given him or her to make defense before the board by counsel or otherwise

and to introduce testimony which shall be heard and determined by the board.

Charges against a president shall be preferred by the chairperson of the board upon

written information furnished to him or her, and charges against a faculty member

shall be preferred in writing by the president unless the offense is committed in his

or her presence.

(5) President and faculty member performance and productivity shall be evaluated at

least once every four (4) years using a process approved by each board. Failure to

meet performance and productivity requirements may result in removal of a

president or faculty member regardless of status. The evaluation process shall be

established by each board and provided to all faculty members by January 1, 2026,

to become effective July 1, 2026.
KRS § 156.858 — KY Code / Title XIII / Chapter 156 / Section 156.858
156.858 Liability insurance for motor vehicles owned or operated by office in vocational schools and centers
Status: in_force

156.858 Liability insurance for motor vehicles owned or operated by office in

vocational schools and centers.

The commissioner of education may provide liability insurance for licensed and

nonlicensed motor vehicles owned or operated by the Office of Career and Technical

Education in vocational schools and centers. If the transportation of members of the

student bodies is let out under contract, the contract shall require the contractor to carry

an indemnity bond or liability insurance against negligence in such amounts as the

commissioner of education designates. In either case, the indemnity bond or insurance

policy shall be issued by a surety or insurance company authorized to transact business in

this state, and shall bind the company to pay any final judgment not to exceed the limits

of the policy rendered against the insured for loss or damage to property of any student or

other person, or death or injury of any student or other person.
KRS § 278.027 — KY Code / Title XXIV / Chapter 278 / Section 278.027
278.027 Application for certificate -- Publishing notice of hearing
Status: in_force

278.027 Application for certificate -- Publishing notice of hearing.

When application required by KRS 278.020 is made to the commission for a certificate

that public convenience and necessity require the construction of a new electric

transmission line of four hundred (400) kilovolts or more, during the thirty (30) days

immediately preceding the public hearing on such application provided for in KRS

278.020(1), the commission shall, on at least four (4) days, publish notice of such hearing

in a newspaper or newspapers of general circulation in the counties and municipalities

within which such transmission facility is proposed to be located in whole or in part. The

commission shall not issue such a certificate for a new electric transmission line of four

hundred (400) kilovolts or more unless the commission shall first determine that the

proposed route of the line will reasonably minimize adverse impact on the scenic and

environmental assets of the general area concerned, consistent with engineering and other

technical and economic factors appropriate for consideration in determining the route of

the line. At the said public hearing provided for in KRS 278.020(1), all persons residing

on or owning property affected by the proposed transmission facility may be heard.
KRS § 56.010 — KY Code / Title VII / Chapter 56 / Section 56.010
56.010 Action for trespass or injury to state property
Status: in_force

56.010 Action for trespass or injury to state property.

The Finance and Administration Cabinet shall institute civil proceedings in the name of

the Commonwealth for any trespass or injury to state property under its control.
KRS § 95.021 — KY Code / Title IX / Chapter 95 / Section 95.021
95.021 Police officer prohibited from requesting or requiring victim of alleged sexual offense to submit to polygraph or other examination -- Other prohibitions
Status: in_force

95.021 Police officer prohibited from requesting or requiring victim of alleged

sexual offense to submit to polygraph or other examination -- Other

prohibitions.

No police officer shall:

(1) As a condition of proceeding with an investigation or prosecution of a case, request

or require a victim of an alleged sexual offense to submit to a polygraph

examination or any other device designed for the purpose of determining whether a

person is telling the truth; or

(2) Charge or threaten to charge the victim of an alleged sexual offense with

prosecution for a criminal offense for refusing to submit to a polygraph examination

or other device designed for the purpose of determining whether a person is telling

the truth.
KRS § 148.770 — KY Code / Title XII / Chapter 148 / Section 148.770
148.770 Coordination with national trails system
Status: in_force

148.770 Coordination with national trails system.

Nothing in KRS 148.610 to 148.780 shall preclude a component of the state trails system

from becoming a part of the national trails system. The commissioner shall coordinate the

state trails system with the national trails system and is directed to encourage and assist

any federal studies for inclusion of the state's trails in the national trails system. The

commissioner may enter into written cooperative agreements for joint federal-state

administration of a state component of the national trails system, provided such

agreements for administration of land uses are not less restrictive than those set forth in

KRS 148.610 to 148.780.
KRS § 156.148 — KY Code / Title XIII / Chapter 156 / Section 156.148
156.148 Commissioner of education -- Selection -- Term -- Duties
Status: in_force

156.148 Commissioner of education -- Selection -- Term -- Duties.

(1) The commissioner of education shall be the chief state school officer. He or she

shall possess the professional qualifications determined by the Kentucky Board of

Education as appropriate for the office.

(2) The commissioner shall:

(a) Be appointed or reappointed by the Kentucky Board of Education, subject to

Senate confirmation in accordance with KRS 11.160;

(b) Serve for a term not to exceed four (4) years, unless removed by the Kentucky

Board of Education; and

(c) Receive compensation as set by the board, the provisions of KRS 64.640

notwithstanding.

(3) The commissioner of education shall be the executive and administrative officer of

the Kentucky Board of Education in its administration of all educational matters

and functions placed under its management and control. He or she shall carry out all

duties assigned to him or her by law; shall execute under the direction of the state

board the educational policies, orders, directives, and administrative functions of

the board; and shall direct the work of all persons employed in the Department of

Education.

(4) The commissioner of education shall be reimbursed for all actual and necessary

traveling expenses incurred by him or her in the performance of his or her duties.