FrankGoortani/open-us-law huggingface dataset:
KRS § 49.110 — KY Code / Title VI / Chapter 49 / Section 49.110
49.110 Compensation and expenses of Board of Claims, assistant Attorneys General, or attorneys appointed by Governor -- Payment of awards -- Operating costs paid out of general fund
Status: in_force

49.110 Compensation and expenses of Board of Claims, assistant Attorneys

General, or attorneys appointed by Governor -- Payment of awards --

Operating costs paid out of general fund.

(1) The assistant Attorneys General or attorneys appointed by the Governor to represent

the Commonwealth's cabinets, departments, agencies or employees, agents, or

officers thereof, assigned to defend claims filed with the Board of Claims shall

receive no additional compensation for the performance of their duties before the

board; provided, however, members of the board, assistant Attorneys General, and

all employees acting for the board shall be recompensed for all necessary and actual

expenses they may incur incident to their duties for or before the commission.

(2) All awards and cost of operation assessed by the commission against the

Department of Highways shall be paid out of the state road fund upon warrants

drawn by the secretary of the Finance and Administration Cabinet upon the State

Treasurer.

(3) All awards and costs of operation assessed by the board against other cabinets or

agencies of the state, which are not maintained by appropriations out of the general

fund, shall be paid out of the funds created or collected for the maintenance and

operation of such cabinets or agencies respectively, upon warrants drawn by the

secretary of the Finance and Administration Cabinet upon the State Treasurer.

(4) All amounts necessary to pay awards and costs of operation assessed by the board

against all other cabinets or agencies of the Commonwealth shall be paid out of the

general fund of the Commonwealth, upon warrants drawn by the secretary of the

Finance and Administration Cabinet upon the State Treasurer.

(5) The executive director of the board shall maintain accurate records reflecting the

costs incident to the operation of the board. At the close of each quarter-year period,

he shall summarize the cost and shall bill each cabinet, commission, board, or

agency which has had cases before the board for a pro-rata share of the cost of

operation for the appropriate calendar quarter computed in a manner deemed just

and equitable by the board. Each cabinet, board, or agency shall remit quarterly their

share of the cost of operation to the board in the manner provided by law.

(6) The board shall have the power and authority to determine the right of any

successful party to an action before it to recover from the opposing party the costs

incurred by him or it in such action; and such decision shall not be subject to

appeal. Costs shall not include attorneys' fees.
KRS § 635.080 — KY Code / Title LI / Chapter 635 / Section 635.080
635.080 Jurisdiction for second offenses -- Community services work program orders
Status: in_force

635.080 Jurisdiction for second offenses -- Community services work program

orders.

(1) If a child who has not reached his eighteenth birthday commits a new offense while

under the jurisdiction of the court or during the period of commitment, the court of

the county where the new offense is committed shall have jurisdiction of the new

offense for purposes of adjudication but may transfer the case for disposition to the

court having jurisdiction of the prior offense.

(2) If a child has been adjudicated a public offender, the court in its discretion may

order participation in a community services work program. If the child is committed

to the Department of Juvenile Justice on a previous offense, the child shall not be

released from commitment if ordered to a work program until the completion of his

commitment. If a child has entered into a diversion agreement pursuant to KRS

610.030, the diversion agreement may require participation in a community services

work program. The work program shall be of a constructive nature designed to

promote the rehabilitation of the child. The program shall be appropriate to the age

level and physical ability of the child and shall be combined with counseling and

supervision from a probation officer or other responsible person. The work program

shall not be scheduled during such times that would interfere with educational,

occupational, or religious obligations of the child. Assignment to a community

services work program shall be made to a governmental or nonprofit community

organization for a specified period of time, not to exceed one hundred twenty (120)

hours. A child may be directed to participate in a community services work program

as provided in this subsection for the purposes of restitution. Participation in

community-services-related projects shall not be deemed employment for any

purpose, and the child shall not be deemed an employee or agent of the entity for

which he performs the community service work.
KRS § 243.170 — KY Code / Title XX / Chapter 243 / Section 243.170
243.170 Transactions permitted to wholesalers
Status: in_force

243.170 Transactions permitted to wholesalers.

(1) A wholesaler may sell, deliver, and transport distilled spirits and wine at

wholesale, and from the licensed premises only, to:

(a) Other wholesalers;

(b) Retailers; or

(c) A point out of the state to persons authorized by the law of the state of

their residence, and by the United States government if located in the

United States, to receive the distilled spirits and wine.

(2) A wholesaler may purchase distilled spirits and wine at wholesale from

licensed distillers, rectifiers, wineries, or other wholesalers and from

nonresidents authorized by the law of the states of their residence, and by the

United States government if located in the United States, to make the sales. A

wholesaler may not transport distilled spirits and wine from any point to its own

licensed premises, except as provided in KRS 243.200.

(3) No wholesaler shall sell or contract to sell, give away, or deliver any distilled

spirits or wine to any person in Kentucky who is not licensed to receive,

possess, distribute, or sell distilled spirits and wine, and no wholesaler shall sell

or contract to sell, give away, or deliver any distilled spirits or wine to any

consumer. This section does not permit sales or deliveries of distilled spirits in

Kentucky by licensed wholesalers to nonresidents who are not licensed by their

own states.

(4) A wholesaler may extend credit on distilled spirits and wine sold to retail

licensees for a period not to exceed thirty (30) days from the date of invoice,

with the date of invoice included in the total number of days. When the thirty

(30) day period has passed without payment in full, no wholesaler shall sell to

the licensee except for cash on delivery.
KRS § 504.030 — KY Code / Title L / Chapter 504 / Section 504.030
504.030 Disposition of person found not guilty by reason of insanity
Status: in_force

504.030 Disposition of person found not guilty by reason of insanity.

(1) When a defendant is found not guilty by reason of insanity, the court shall conduct

an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.

(2) To facilitate the procedure established in subsection (1) of this section, the court

may order the detention of the defendant for a period of ten (10) days to allow for

proceedings to be initiated against the defendant for examination and possible

detention pursuant to the provisions of KRS Chapter 202A or 202B.
KRS § 247.970 — KY Code / Title XXI / Chapter 247 / Section 247.970
247.970 Powers supplemental to those held by other governmental agencies
Status: in_force

247.970 Powers supplemental to those held by other governmental agencies.

To the extent the provisions of KRS 247.940 to 247.978 delegate to the corporation

powers concurrently now held by other governmental agencies, including, but not being

limited to, the provisions of KRS 103.200 to 103.285 and KRS 154.20-035 to 154.20-

140, the provisions hereof shall be regarded as supplemental and not in derogation of any

powers now existing.
KRS § 314A.100 — KY Code / Title XXVI / Chapter 314A / Section 314A.100
314A.100 Scope of practice
Status: in_force

314A.100 Scope of practice.

(1) A respiratory care practitioner may perform respiratory care procedures under

medical direction with documented competency, in accordance with agency or

facility guidelines and only in accordance with the prescription of a physician. The

procedures shall include, but not be limited to, the assessment and therapeutic use

of the following: medical gases, exclusive of general anesthesia; aerosols,

humidification, environmental control systems; pharmacologic agents related to

cardiopulmonary procedures, unless prohibited by the medical staff of the licensed

health-care facility; mechanical or physiological ventilatory support;

bronchopulmonary hygiene, maintenance of the natural airways; insertion without

cutting tissues and maintenance of artificial airways; specific assessment and testing

procedures such as drawing and analyzing of arterial blood gases employed in the

medical measurement and monitoring of cardiac function as it relates to pulmonary

pathophysiology.

(2) The practice of respiratory care may be performed in hospitals or in other settings

where respiratory care is to be provided in accordance with a prescription of a

physician. In addition, respiratory care may be provided during the transportation of

a patient, or under any circumstances where an emergency necessitates respiratory

care.

(3) The respiratory care practitioner may transcribe and implement a physician's written

or verbal orders pertaining to the practice of respiratory care procedures as defined

in this section.

(4) The respiratory care practitioner's scope of practice shall include practice standards

and guidelines as developed by the American Association for Respiratory Care, or

its equivalent, and as incorporated by the board through promulgation of

administrative regulations in accordance with KRS Chapter 13A.
KRS § 367.832 — KY Code / Title XXIX / Chapter 367 / Section 367.832
367.832 Pyramid distribution plan prohibited
Status: in_force

367.832 Pyramid distribution plan prohibited.

(1) It is hereby declared unlawful for any person to establish, promote, operate, or

participate in any pyramid distribution plan.

(2) A limitation as to the number of persons who may participate or the presence of

additional conditions affecting eligibility for the opportunity to receive

compensation under the plan does not change the identity of the plan as a pyramid

distribution plan nor is it a defense under this section that a participant, on giving

consideration, obtains goods, services or intangible property in addition to the right

to receive compensation.
KRS § 173.470 — KY Code / Title XIV / Chapter 173 / Section 173.470
173.470 Organization -- Special tax
Status: in_force

173.470 Organization -- Special tax.

(1) Districts shall be organized in accordance with the procedures of KRS 65.182.

(2) A public library district created pursuant to KRS 65.182 and this section shall

constitute and be a taxing district within the meaning of Section 157 of the

Constitution of Kentucky. In no event shall the maximum special ad valorem tax

imposed for the maintenance and operation of the district exceed twenty cents

($0.20) on each one hundred dollars ($100) of the assessed valuation of all property

in the district.

(3) All special ad valorem taxes authorized by KRS 173.450 to 173.650 shall be

collected in the same manner as are other county ad valorem taxes in each county

affected and shall be turned over to the board as the governing body of the district.

The special ad valorem tax shall be in addition to all other ad valorem taxes.
KRS § 336.090 — KY Code / Title XXVII / Chapter 336 / Section 336.090
336.090 Inspectors to report violations of health and fire laws and rulings
Status: in_force

336.090 Inspectors to report violations of health and fire laws and rulings.

(1) The cabinet shall be furnished with a copy of all the laws and rulings of the

secretary for health and family services affecting sanitary conditions in places of

employment, not covered by the labor laws of the state, and shall report in writing

to the state, county, or city health authorities any violations coming under the

observation of its inspectors while visiting places of employment in the regular

performance of their duty.

(2) The inspectors shall be furnished with a copy of all the laws and rulings of the

Department of Housing, Buildings and Construction relating to fire hazards in

places of employment, and shall report in writing to the state, county, or city

authorities any violations coming under their observation while visiting places of

employment in the regular performance of their duty.
KRS § 327.025 — KY Code / Title XXVI / Chapter 327 / Section 327.025
327.025 Obligation to report concerning practitioner's qualifications to practice
Status: in_force

327.025 Obligation to report concerning practitioner's qualifications to practice.

Any physical therapist, physical therapist's assistant, or employer of physical therapy

practitioners having knowledge of facts by actual or direct knowledge shall report to the

board of physical therapy a physical therapist or physical therapist's assistant who:

(1) Has been convicted of a felony that involved acts that bear directly on the

qualifications or ability of the applicant, licensee, or certificate holder to practice

physical therapy;

(2) Is suspected of fraud or deceit in procuring or attempting to procure a license to

practice physical therapy or of negligently performing actions that justify action

against a physical therapist or physical therapist's assistant's license as identified in

KRS 327.070(2);

(3) Has had a license to practice as a physical therapist or a certificate as a physical

therapist's assistant denied, limited, suspended, probated, or revoked in another

jurisdiction on grounds sufficient to cause a license or certificate to be denied,

limited, suspended, probated, or revoked in this Commonwealth; or

(4) Is practicing physical therapy without a current active license, certificate, or valid

temporary permit issued by the board.
KRS § 119.275 — KY Code / Title X / Chapter 119 / Section 119.275
119.275 Advising or assisting violation of election laws
Status: in_force

119.275 Advising or assisting violation of election laws.

Any person who counsels, advises, procures or aids in the commission of any of the

offenses named in this chapter shall incur the penalty provided for committing such

offense.
KRS § 243.040 — KY Code / Title XX / Chapter 243 / Section 243.040
243.040 Malt beverage licenses -- Kinds -- Fees
Status: in_force

243.040 Malt beverage licenses -- Kinds -- Fees.

The following kinds of malt beverage licenses may be issued by the malt beverages

administrator, the fees for which shall be:

(1) Brewer's license, per annum ........................................................................$2,580.00

(2) Microbrewery license, per annum ...................................................................$520.00

(3) Distributor's license, per annum ......................................................................$520.00

(4) Nonquota retail malt beverage package license, per annum ............................$210.00

(5) Out-of-state malt beverage supplier's license,

per annum ....................................................................................................$1,550.00

(6) Malt beverage storage license, per annum ......................................................$260.00

(7) Replacement or duplicate license, per annum ...................................................$25.00

(8) Limited out-of-state malt beverage supplier's license,

per annum .......................................................................................................$260.00

(9) Nonquota type 4 malt beverage drink license,

per annum .......................................................................................................$210.00

(10) Direct shipper Type A license, per annum.......................................................$100.00

(11) The holder of a nonquota retail malt beverage package license may obtain a

Nonquota type 4 malt beverage drink license for a fee of fifty dollars ($50). The

holder of a Nonquota type 4 malt beverage drink license may obtain a nonquota

retail malt beverage package license for a fee of fifty dollars ($50).

(12) A nonrefundable fee of sixty dollars ($60) shall be charged to process each new

transitional license pursuant to KRS 243.045.

(13) Other special licenses as the state board finds to be necessary for the administration

of KRS Chapters 241 to 244 and for the proper regulation and control of the

trafficking in malt beverages, as provided for by administrative regulations

promulgated by the state board.

A nonrefundable application fee of fifty dollars ($50) shall be charged to process each

new application for a license under this section. The application fee shall be applied to

the licensing fee if the license is issued, or otherwise the fee shall be retained by the

department.
KRS § 353.776 — KY Code / Title XXVIII / Chapter 353 / Section 353.776
353.776 Reporting of activities
Status: in_force

353.776 Reporting of activities.

By January 1 each year, the authority shall make an annual report of its activities for the

preceding fiscal year to the Office of the State Budget Director and to the Interim Joint

Committee on Appropriations and Revenue. Each such report shall set forth a complete

operating and financial statement covering its operations during the year. The authority

shall provide for an audit of its books and accounts to be made within ninety (90) days

after the close of each fiscal year by certified public accountants and the cost thereof may

be treated as a part of the cost of construction of the project. Audits under this section

shall be public records within the meaning of KRS 61.870 to 61.884.
KRS § 529.140 — KY Code / Title L / Chapter 529 / Section 529.140
529.140 Human trafficking victims fund
Status: in_force

529.140 Human trafficking victims fund.

(1) The "human trafficking victims fund," referred to in this section as the "fund," is

created as a separate revolving fund within the Office of the Attorney General.

(2) The fund shall consist of proceeds from assets seized and forfeited pursuant to KRS

529.150; proceeds from the fee in KRS 529.130; proceeds from penalties collected

under KRS 183.075, 219.085, 277.410, and 281.767; grants; contributions;

appropriations; and any other moneys that may be made available for purposes of

the fund.

(3) Moneys in the fund shall be distributed to agencies serving victims of human

trafficking, including but not limited to law enforcement agencies, prosecutorial

agencies, and victim service agencies. The Office of the Attorney General shall

promulgate administrative regulations to develop procedures for distributing funds

pursuant to this section. The administrative regulations shall require that:

(a) The Office of the Attorney General use funds received to maintain programs

for the prevention of human trafficking, provide education, training, or public

outreach programs about human trafficking, and conduct human trafficking

investigations. The Office of the Attorney General may recoup costs for

conducting any programs or trainings; and

(b) The Cabinet for Health and Family Services use funds received to serve minor

victims of human trafficking under KRS 620.029.

(4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the

fiscal year shall not lapse but shall be carried forward into the succeeding fiscal

year to be used for the purposes set forth in this section.

(5) Any interest earnings on moneys in the fund shall become a part of the fund and

shall not lapse to the general fund.

(6) Moneys in the fund are hereby appropriated for the purposes set forth in this

section.
KRS § 275.255 — KY Code / Title XXIII / Chapter 275 / Section 275.255
275.255 Assignment of interest
Status: in_force

275.255 Assignment of interest.

(1) Unless otherwise provided in a written operating agreement:

(a) A limited liability company interest shall be assignable in whole or in part;

(b) An assignment shall entitle the assignee to receive, to the extent assigned,

only the distributions to which the assignor would be entitled;

(c) An assignment of a limited liability company interest shall not dissolve the

limited liability company or entitle the assignee to participate in the

management and affairs of the limited liability company or to become or

exercise any rights of a member other than the right to receive distributions

pursuant to subsection (1)(b) of this section;

(d) Until the assignee of a limited liability company interest becomes a member

pursuant to KRS 275.265(1), the assignor shall continue to be a member and

to have the power to exercise any rights of a member, subject to the members'

right to remove the assignor pursuant to KRS 275.280(1)(c)2.;

(e) Until an assignee of a limited liability company interest becomes a member,

the assignee shall have no liability as a member solely as a result of the

assignment; and

(f) The assignor of a limited liability company interest shall not be released from

liability as a member solely as result of the assignment.

(2) A written operating agreement may provide that a member's limited liability

company interest may be evidenced by a certificate of limited liability company

interest issued by the limited liability company and may also provide for the

assignment or transfer of any interest represented by the certificate.

(3) Unless otherwise provided in a written operating agreement, the pledge of or

granting of a security interest, lien, or other encumbrance in or against any or all of

the limited liability company interest of a member shall not constitute an

assignment and shall not cause the member to cease to be a member or cease to

have the power to exercise any rights or powers of a member.

(4) Limitations upon the assignment or pledge of a membership interest set forth or

adopted in accordance with this section shall be enforced notwithstanding KRS

355.9-406 and 355.9-408.
KRS § 393A.340 — KY Code / Title XXXIV / Chapter 393A / Section 393A.340
393A.340 Effect of payment or delivery of property to administrator
Status: in_force

393A.340 Effect of payment or delivery of property to administrator.

(1) On payment or delivery of property to the administrator under this chapter, the

administrator as agent for the state assumes custody and responsibility for

safekeeping the property. A holder that pays or delivers property to the

administrator in good faith and substantially complies with KRS 393A.270 and

393A.280 shall be relieved of liability arising thereafter with respect to payment or

delivery of the property to the administrator.

(2) This state shall defend and indemnify a holder against liability on a claim against

the holder resulting from the payment or delivery of property to the administrator

made in good faith and after the holder substantially complied with KRS 393A.270

and 393A.280.
KRS § 205.6403 — KY Code / Title XVII / Chapter 205 / Section 205.6403
205.6403 Administrative regulations to comply with change in federal law -- Payments contingent on federal participation
Status: in_force

205.6403 Administrative regulations to comply with change in federal law --

Payments contingent on federal participation.

(1) If federal law governing disproportionate share hospital payments changes, the

Department for Medicaid Services may promulgate administrative regulations in

accordance with KRS Chapter 13A to comply with the changes.

(2) All payments specified in KRS 205.640 are contingent upon the receipt of federal

financial participation, availability of state funds, and Centers for Medicare and

Medicaid Services' approval.