FrankGoortani/open-us-law huggingface dataset:
KRS § 350.020 — KY Code / Title XXVIII / Chapter 350 / Section 350.020
350.020 Declaration of legislative policy and finding of fact
Status: in_force

350.020 Declaration of legislative policy and finding of fact.

The General Assembly finds that the Commonwealth is the leading producer of coal and

that the production of coal in Kentucky contributes significantly to the nation's energy

needs. The General Assembly further finds that unregulated surface coal mining

operations cause soil erosion, damage from rolling stones and overburden, landslides,

stream pollution, the accumulation of stagnant water and the seepage of contaminated

water, increase the likelihood of floods, destroy the value of land for agricultural

purposes, destroy aesthetic values, counteract efforts for the conservation of soil, water

and other natural resources, destroy or impair the property rights of citizens, create fire

hazards, and in general create hazards dangerous to life and property, so as to constitute

an imminent and inordinate peril to the welfare of the Commonwealth. The General

Assembly further finds that lands that have been subjected to surface coal mining

operations and have not been reclaimed and rehabilitated in accordance with modern

standards constitute the aforementioned perils to the welfare of the Commonwealth. The

General Assembly further finds that there are wide variations in the circumstances and

conditions surrounding and arising out of surface coal mining operations due primarily to

difference in topographical and geological conditions, and by reason thereof it is

necessary, in order to provide the most effective, beneficial and equitable solution to the

problem, that a broad discretion be vested in the authority designated to administer and

enforce the regulatory provisions enacted by the General Assembly. The General

Assembly further finds that governmental responsibility for regulating surface coal

mining operations rests with state government and hereby directs the Energy and

Environment Cabinet to take all actions necessary to preserve and exercise the

Commonwealth's authority, to the exclusion of all other governmental entities except the

Commonwealth and agencies thereof and except as provided in KRS Chapter 100.

Therefore, it is the purpose of this chapter to provide such regulation and control of

surface coal mining operations as to minimize or prevent injurious effects on the people

and resources of the Commonwealth. To that end, the cabinet is directed to rigidly

enforce this chapter and to adopt whatever administrative regulations are found necessary

to accomplish the purpose of this chapter.
KRS § 99.300 — KY Code / Title IX / Chapter 99 / Section 99.300
99.300 Certificates of completion -- Sale or mortgage of completed development
Status: in_force

99.300 Certificates of completion -- Sale or mortgage of completed development.

(1) It shall be the duty of the supervising agency, upon any request from a

redevelopment corporation, to determine whether the redevelopment of any unit or

units in the development area has been achieved, and if the supervising agency finds

that such redevelopment has been finished and achieved it shall issue to the

redevelopment corporation a certificate of completion showing that the

redevelopment of such parcel or parcels has or have been completed, describing

such unit or units.

(2) It shall be the duty of the supervising agency, upon request from a redevelopment

corporation, to determine whether the redevelopment of the development area has

been achieved, and if the supervising agency finds that such redevelopment has

been finished and achieved it shall issue to the redevelopment corporation a

certificate of completion showing that the redevelopment of such area has been

completed. No such determination or finding shall affect any unit or units for which

certificates of completion have been issued under subsection (1) of this section.

(3) Such redevelopment property or unit thereof, may be sold or mortgaged, provided,

however, that such sale or mortgage shall be authorized as herein provided and such

property shall, after such sale or mortgage, be used for the general purposes of KRS

99.010 to 99.310 and maintained in accordance with the standards provided therefor

by the planning commission of such city in the original certificate of approval

issued for such redevelopment under and pursuant to the provisions of KRS 99.040

to 99.060.

(4) Such certificate or certificates of completion shall be conclusive evidence, upon

which any one (1) dealing with such property may rely, that the redevelopment of

the property therein described has been fully completed in conformity with KRS

99.010 to 99.310 and the development plan.
KRS § 100.257 — KY Code / Title IX / Chapter 100 / Section 100.257
100.257 Administrative review
Status: in_force

100.257 Administrative review.

The board of adjustment shall have the power to hear and decide cases where it is alleged

by an applicant that there is error in any order, requirement, decision, grant, or refusal

made by an administrative official in the enforcement of the zoning regulation. Such

appeal shall be taken within thirty (30) days.
KRS § 325.261 — KY Code / Title XXVI / Chapter 325 / Section 325.261
325.261 Qualifications for licensure as certified public accountant
Status: in_force

325.261 Qualifications for licensure as certified public accountant.

The license of "certified public accountant" shall be granted by the board to any person

who satisfies the following requirements:

(1) Is no less than eighteen (18) years of age;

(2) Is of good moral character;

(3) Has a baccalaureate degree or master's degree conferred by a college or university

recognized by the board with a major or concentration in accounting or its

equivalent, as defined in administrative regulations promulgated by the board;

(4) Passes a board-approved examination in accounting, auditing, and other related

subjects as the board deems appropriate. To be eligible to apply for the examination,

a person shall first satisfy the requirement of subsections (1) to (3) of this section;

(5) Completes one hundred fifty (150) college semester hours that include a

baccalaureate or masters degree conferred by a college or university recognized by

the board with a major or concentration in accounting or its equivalent, as defined

in administrative regulations promulgated by the board;

(6) Obtains one (1) year of accounting or attest experience while employed in an

accounting or auditing position in public practice, industry, or government that shall

be verified by a certified public accountant who, during the time being verified, held

an active license to practice from any state. The one (1) year of experience required

under this subsection shall be obtained:

(a) After the completion of the education requirements established in subsection

(3) of this section; and

(b) Within five (5) years from the date the candidate successfully completed the

examination;

(7) At the time of applying for a license is a United States citizen, a citizen of a foreign

country who is legally residing in the United States, or is an employee of a public

accounting firm, company, or an institution of postsecondary education located

outside the United States, but which has an office or campus located in the United

States; and

(8) Submits a complete application for a license to practice as a certified public

accountant in accordance with KRS 325.330.
KRS § 367.93121 — KY Code / Title XXIX / Chapter 367 / Section 367.93121
367.93121 Action to contest or determine validity of declaration, cremation authorization form, or disqualification from control over disposition of remains -- Resolution of conflict
Status: in_force

367.93121 Action to contest or determine validity of declaration, cremation

authorization form, or disqualification from control over disposition of

remains -- Resolution of conflict.

An action to contest or determine the validity of any declaration made under KRS

367.93101 to 367.93121 or cremation authorization form, or to resolve a conflict between

an executed cremation authorization form and the person or persons authorized in KRS

367.93117 regarding cremation, or to contest a disqualification pursuant to KRS

367.93117(2), shall be:

(1) Brought in the District Court of the county of the decedent's residence or the county

in which the funeral home or the crematory is located;

(2) Expedited on the docket of the court as a matter requiring priority; and

(3) Accompanied by a bond, cash deposit, or other surety sufficient to guarantee that

the entity holding the declarant's remains is compensated for the safekeeping

charges incurred while the action is pending.
KRS § 146.470 — KY Code / Title XII / Chapter 146 / Section 146.470
146.470 Dedication of areas as nature preserves
Status: in_force

146.470 Dedication of areas as nature preserves.

Public departments, commissions, boards, counties, municipalities, corporations,

colleges, universities and all other agencies and instrumentalities of the Commonwealth

and its political subdivisions are empowered, and urged to dedicate suitable areas within

their jurisdictions as nature preserves.
KRS § 345.090 — KY Code / Title XXVII / Chapter 345 / Section 345.090
345.090 Representative of the public employer
Status: in_force

345.090 Representative of the public employer.

Except as hereinafter provided, when a labor organization has been designated in

accordance with the provisions hereof as the exclusive representative of firefighters in an

appropriate unit, the chief executive officer of the political subdivision, whether elected

or appointed, or his designated authorized representative or authorized representatives,

shall represent the public employer in collective bargaining with such employee

organization.
KRS § 342.770 — KY Code / Title XXVII / Chapter 342 / Section 342.770
342.770 Determination of employer's compliance -- Recording certificate constituting a lien in favor of uninsured employer's fund
Status: in_force

342.770 Determination of employer's compliance -- Recording certificate

constituting a lien in favor of uninsured employer's fund.

(1) Upon the filing of a claim the commissioner shall ascertain whether the employer,

or any other person against whom a claim is filed and who is not exempt by KRS

342.630 or 342.650, has secured payment of compensation by either securing

insurance coverage or qualifying as a self-insurer pursuant to KRS 342.340. Upon

determination that any employer under this chapter has failed to comply with the

provisions of KRS 342.340, the commissioner shall record, as provided by

subsection (2) of this section, a certificate prepared and furnished him or her by the

general counsel showing the date on which such claim was filed, the date of the

injury alleged, the name and last known address of the employer against whom it

was filed, and the fact that the employer has not secured the payment of

compensation as required. Upon recordation, such certificate constitutes a valid lien

against the assets of the employer in favor of the uninsured employers' fund for the

whole amount which may be due as compensation. Such lien shall be superior to the

lien of any mortgage or other encumbrance thereafter created and shall continue for

ten (10) years from the time of such recording, unless sooner released or otherwise

discharged. A copy of such certificate shall be served upon the employer by the

commissioner.

(2) The certificate constituting a lien in favor of the uninsured employers' fund shall be

filed in the following offices:

(a) The office of the county clerk of the county in which the defendant employer

resides.

(b) The office of the county clerk of the county in which the defendant employer

has its principal place of business.

(c) The office of the county clerk in the counties where such employer's property

is located.
KRS § 214.015 — KY Code / Title XVIII / Chapter 214 / Section 214.015
214.015 Reporting of authorized or required immunization
Status: in_force

214.015 Reporting of authorized or required immunization.

Any health care provider that administers or supervises an immunization authorized

under this chapter or otherwise required by the Department for Public Health shall report

information about the immunization upon request by, or as required by, the department.

The department shall direct the method of reporting and the entity that will receive the

report in an administrative regulation promulgated by the department in accordance with

KRS Chapter 13A. The department shall not require any reporting of information

contrary to the requirements of the federal Health Insurance Portability and

Accountability Act of 1996.
KRS § 61.840 — KY Code / Title VIII / Chapter 61 / Section 61.840
61.840 Conditions for attendance
Status: in_force

61.840 Conditions for attendance.

No condition other than those required for the maintenance of order shall apply to the

attendance of any member of the public at any meeting of a public agency. No person

may be required to identify himself in order to attend any such meeting. All agencies shall

provide meeting room conditions, including adequate space, seating, and acoustics, which

insofar as is feasible allow effective public observation of the public meetings. All

agencies shall permit news media coverage, including but not limited to recording and

broadcasting.
KRS § 418.075 — KY Code / Title XXXVII / Chapter 418 / Section 418.075
418.075 Necessary parties -- Notice to Attorney General in proceedings and appeals -- Notice to Legislative Research Commission -- Consent to suit required for certain actions involving legislative branch
Status: in_force

418.075 Necessary parties -- Notice to Attorney General in proceedings and appeals

-- Notice to Legislative Research Commission -- Consent to suit required for

certain actions involving legislative branch.

When declaratory relief is sought, all persons shall be made parties who have or claim

any interest which would be affected by the declaration, and no declaration shall

prejudice the rights of persons not parties to the proceeding.

(1) In any proceeding which involves the validity of a statute, the Attorney General of

the state shall, before judgment is entered, be served with a copy of the petition, and

shall be entitled to be heard, and if the ordinance or franchise is alleged to be

unconstitutional, the Attorney General of the state shall also be served with a copy

of the petition and be entitled to be heard.

(2) In any appeal to the Kentucky Court of Appeals or Supreme Court or the federal

appellate courts in any forum which involves the constitutional validity of a statute,

the Attorney General shall, before the filing of the appellant's brief, be served with a

copy of the pleading, paper, or other documents which initiate the appeal in the

appellate forum. This notice shall specify the challenged statute and the nature of

the alleged constitutional defect.

(3) The Attorney General shall notify the Legislative Research Commission of:

(a) The receipt of a petition and the nature of any proceedings involving the

validity of a statute; and

(b) The entering of a final judgment in those proceedings, if the Attorney General

is a party to that action.

(4) Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of the

General Assembly, organizations within the legislative branch of state government,

or officers or employees of the legislative branch shall not be made parties to any

action challenging the constitutionality or validity of any statute or regulation,

without the consent of the member, organization, or officer or employee.
KRS § 367.936 — KY Code / Title XXIX / Chapter 367 / Section 367.936
367.936 Refund to persons making payments
Status: in_force

367.936 Refund to persons making payments.

(1) Upon the giving of fifteen (15) days' written notice, sent to the agent and the trustee,

any person, partnership, or corporation who has paid funds for a preneed funeral

service may demand a refund of the entire amount actually paid, together with all

interest, dividends, increases or accretions, of any kind whatsoever, which have

been earned on such funds. If the trustee is unknown, the written notice sent to the

agent shall constitute compliance with this section. Upon receipt of notice, the agent

shall immediately forward notice to the trustee.

(2) The financial institutions shall be relieved from further liability, after making

payment to the person making payment of said funds, to the agent upon receipt of

the foregoing written notice. Notice of payment of funds under this section shall be

given by the financial institution to the agent.

(3) The trustee may rely upon all certifications and affidavits made pursuant to or

required by the provisions of KRS 367.932 to 367.974 and 367.991, and shall not

be liable to any person for such reliance.
KRS § 247.615 — KY Code / Title XXI / Chapter 247 / Section 247.615
247.615 Definitions for KRS 247.620 to 247.685
Status: in_force

247.615 Definitions for KRS 247.620 to 247.685.

As used in KRS 247.620 to 247.685, unless the context otherwise requires:

(1) "Association" means any commission, council, board, or other body;

(2) "Commissioner" means the Commissioner of Agriculture;

(3) "Board" means the State Board of Agriculture;

(4) "Producer" means every person who produces bovine animals and thereafter causes

the same to be marketed;

(5) "New producer" means a producer who was not engaged in the business of

producing bovine animals at the time a referendum was conducted in accordance

with the provisions of KRS 247.620 to 247.685;

(6) "Person" means any individual, corporation, partnership, association, cooperative,

or other business entity; and

(7) "Order buyer" means any person who purchases bovine animals in Kentucky and is

registered under the United States Department of Agriculture, Packers and

Stockyards Act of 1921, as amended, and the regulations thereunder. This does not

include producers who do not engage in the business of buying and selling bovine

animals.
KRS § 186.260 — KY Code / Title XVI / Chapter 186 / Section 186.260
186.260 Arrests and bail for violations
Status: in_force

186.260 Arrests and bail for violations.

KRS 281.765 shall apply in the case of arrests and bail for a violation of any of the

provisions of KRS 186.020 to 186.260.
KRS § 260.990 — KY Code / Title XXI / Chapter 260 / Section 260.990
260.990 Penalties
Status: in_force

260.990 Penalties.

(1) Any person who violates a stop order in violation of KRS 260.550(2) or (3) shall be

fined one hundred dollars ($100) for the first offense, be fined two hundred fifty

dollars ($250) for the second offense, and have his or her license revoked or

suspended or, if the person has no license, be fined one thousand dollars ($1,000)

for each subsequent offense.

(2) Any person who violates a withdraw from sale order in violation of KRS

260.550(4) shall be guilty of a Class B misdemeanor.

(3) Any person who violates KRS 260.600(4), involving an untimely payment of an

assessment fee, shall be charged a penalty of ten percent (10%) of the original

amount and shall be required to pay this penalty in addition to the original

assessment fee. The original assessment fee and penalties shall be compounded by

ten percent (10%) monthly until paid in full. Any assessment fee and penalties

remaining unpaid for three (3) successive months shall result in a license

revocation.

(4) Any person who fails to comply with KRS 260.610(6) shall be in violation of the

egg marketing law and may be subject to license suspension or revocation. In the

event of a suspension or revocation, a stop order shall be issued prohibiting the sale

of the product. In the event that the original producer or plant is not required to be

licensed because of having no direct distribution in the state and the product is

distributed through other distribution channels, the producer or plant shall have its

product placed under stop order and returned to the distributor. Further distribution

in the state shall be prohibited until the department receives an emergency recall

plan from the original producer or plant.

(5) Any person who violates any of the shell egg labeling requirements set forth in KRS

260.630 more than four (4) times within a calendar year shall be fined two hundred

fifty dollars ($250) starting at the fifth offense, and an additional two hundred fifty

dollars ($250) in addition to the previous fine for each subsequent offense.
KRS § 243.897 — KY Code / Title XX / Chapter 243 / Section 243.897
243.897 Prohibition against purchase of metal beer keg except from brewer or representative
Status: in_force

243.897 Prohibition against purchase of metal beer keg except from brewer or

representative.

No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg,

whether damaged or undamaged, except from the brewer or its authorized representative,

if:

(1) The keg is clearly marked as the property of a brewery manufacturer; or

(2) The keg's identification markings have been made illegible.
KRS § 454.175 — KY Code / Title XLII / Chapter 454 / Section 454.175
454.175 Execution of new bond for defective one
Status: in_force

454.175 Execution of new bond for defective one.

If a bond provided for by any statute derived from the former Civil Code, or by the Rules

of Civil Procedure be adjudged to be defective, a new and sufficient one may be executed

in such reasonable time as the court may fix, with the same effect as if originally

executed.
KRS § 15.730 — KY Code / Title III / Chapter 15 / Section 15.730
15.730 Commonwealth's attorneys and county attorneys as special prosecutors
Status: in_force

15.730 Commonwealth's attorneys and county attorneys as special prosecutors.

Each regular Commonwealth's attorney and county attorney shall be, ex officio, a special

prosecutor of the Commonwealth, and as such shall perform such duties and render such

services, at such time and places, coextensive with the Commonwealth as may be

required by the Attorney General. The duties and services may include, but are not

limited to, prosecution of or participation in action outside of his judicial circuit or

judicial district when directed by the Attorney General and assisting the Attorney General

in preparation and presentation of the Commonwealth's position in criminal cases

appealed to Circuit Court, Court of Appeals, and the Supreme Court.
KRS § 116.145 — KY Code / Title X / Chapter 116 / Section 116.145
116.145 Fee for registration
Status: in_force

116.145 Fee for registration.

The fee for registration of all voters shall be paid to the county clerk by the state in the

amount of twenty-five cents ($0.25) for each person registered.
KRS § 533.015 — KY Code / Title L / Chapter 533 / Section 533.015
533.015 Alternatives to incarceration
Status: in_force

533.015 Alternatives to incarceration.

Whenever a statute mentions probation, shock probation, conditional discharge, home

incarceration, or other form of alternative to incarceration, that alternative may include a

community-based, faith-based, charitable, church-sponsored, or nonprofit residential or

nonresidential counseling and treatment program or drug court, and, upon petition by the

defendant, the court may sentence or permit the defendant to attend that program. This

program may also be used for pretrial release and pretrial diversion.