FrankGoortani/open-us-law huggingface dataset:
KRS § 431.200 — KY Code / Title XL / Chapter 431 / Section 431.200
431.200 Reparation for property stolen or damaged, from person convicted
Status: in_force

431.200 Reparation for property stolen or damaged, from person convicted.

Any person convicted of a misdemeanor or felony for taking, injuring or destroying

property shall restore the property or make reparation in damages if not ordered as a

condition of probation. The court in which the conviction is had, if applied to by verified

petition made within ninety (90) days of the date the sentence was pronounced, may order

restitution or give judgment against the defendant for reparation in damages, and enforce

collection by execution or other process. In a petition for restitution or reparation, the

court shall cause the defendant, if in custody, to be brought into court, and demand of him

if he has any defense to make to the petition. If he consents to the restitution or to

reparation in damages in an agreed sum, the court shall give judgment accordingly.

Otherwise a jury shall be impaneled to try the facts and ascertain the amount and the

value of the property, or assess the damage, as the case may be. A failure to pursue this

remedy shall not deprive the person aggrieved of his civil action for the injury sustained.
KRS § 216.565 — KY Code / Title XVIII / Chapter 216 / Section 216.565
216.565 Factors to be considered in determining amount of initial penalty
Status: in_force

216.565 Factors to be considered in determining amount of initial penalty.

(1) In determining the amount of the initial penalty to be imposed under KRS 216.537

to 216.590, the cabinet shall consider at least the following factors:

(a) The gravity of the violation, including the probability that death or serious

physical or mental harm to a resident will result or has resulted; the severity of

the actual or potential harm, and the extent to which the provisions of the

applicable statutes or regulations were violated;

(b) The reasonable diligence exercised by the licensee and efforts to correct

violations;

(c) The number and type of previous violations committed by the licensee; and

(d) The amount of assessment necessary to insure immediate and continued

compliance.

(2) This section shall not apply to assisted living communities licensed under KRS

194A.700 to 194A.729.
KRS § 217.195 — KY Code / Title XVIII / Chapter 217 / Section 217.195
217.195 Cabinet is not required to prosecute
Status: in_force

217.195 Cabinet is not required to prosecute.

Nothing in KRS 217.005 to 217.215 shall be construed as requiring the cabinet to report

for the institution of proceedings under KRS 217.005 to 217.215, violations of KRS

217.005 to 217.215, whenever the cabinet believes that the public interest will be

adequately served in the circumstances by a suitable written notice or warning.
KRS § 247.650 — KY Code / Title XXI / Chapter 247 / Section 247.650
247.650 Commissioner to determine date, hours, polling places for voting and details of assessment -- Limits -- Exceptions
Status: in_force

247.650 Commissioner to determine date, hours, polling places for voting and

details of assessment -- Limits -- Exceptions.

(1) With respect to any referendum conducted under the provisions of KRS 247.610 to

247.685, the Commissioner of Agriculture shall, before calling and announcing the

referendum, fix, determine, and publicly announce at least thirty (30) days before

the date determined for the referendum, the date, hours, and polling places for

voting in the referendum, the effective date of the assessment, if adopted, the

amount and basis of the assessment proposed to be collected, the means by which

the assessment shall be collected if authorized by the producers, and the general

purposes to which the amount collected shall be applied. No assessment levied

under the provisions of any single referendum shall exceed one dollar ($1) on each

bovine animal marketed in the state by any producer included in the group to which

the referendum was submitted or by any person subsequently becoming a new

producer in the area in which the referendum was held.

(2) No assessment shall be made on any bovine animal marketed in the state which

sells for ten dollars ($10) or less.

(3) Any assessment levied after June 25, 2013, shall be in addition to the federal

assessment referenced in KRS 247.652.
KRS § 176.990 — KY Code / Title XV / Chapter 176 / Section 176.990
176.990 Penalties
Status: in_force

176.990 Penalties.

(1) Any person who violates the provisions of KRS 176.122 to 176.128 shall be guilty

of a misdemeanor and shall upon conviction be fined not less than one hundred

dollars ($100) nor more than five hundred dollars ($500). Each day in which work

is performed or materials furnished in violation of the provisions of KRS 176.122 to

176.128 shall constitute a separate offense.

(2) In addition to any other penalties provided in this section, any officer, agent or

employee of the department who performs work or services beyond the right-of-way

limits of public road or any person who accepts such work or services shall

reimburse the department for all costs of the work or services performed and for any

materials which shall have been used in the performance of the work or services.
KRS § 45.452 — KY Code / Title VI / Chapter 45 / Section 45.452
45.452 Definition of "purchasing agency."
Status: in_force

45.452 Definition of "purchasing agency."

A "purchasing agency" is any state organizational unit or administrative body as defined

in KRS 12.010 that actually receives goods or services from a vendor.
KRS § 533.256 — KY Code / Title L / Chapter 533 / Section 533.256
533.256 Failure to complete provisions of pretrial diversion agreement
Status: in_force

533.256 Failure to complete provisions of pretrial diversion agreement.

(1) If the defendant fails to complete the provisions of the pretrial diversion agreement

within the time specified, or is not making satisfactory progress toward the

completion of the provisions of the agreement, the Division of Probation and

Parole, the victim, or a peace officer may inform the attorney for the

Commonwealth of the alleged violation or noncompliance, and the attorney for the

Commonwealth may apply to the court for a hearing to determine whether or not the

pretrial diversion agreement should be voided and the court should proceed on the

defendant's plea of guilty in accordance with the law.

(2) In making a determination as to whether or not a pretrial diversion agreement

should be voided, the court shall use the same criteria as for the revocation of

probation, and the defendant shall have the same rights as he or she would if

probation revocation was sought.

(3) Making application for a pretrial diversion agreement tolls any statute of limitations

relative to the criminal offenses for which the application is made for the period

until the application is granted or denied. Approval of the application for pretrial

diversion by the court tolls any statute of limitations relative to criminal offenses

diverted for the period of the diversion agreement.

(4) If the court voids the pretrial diversion agreement, the court shall notify the

applicable prosecutor in writing that the pretrial diversion agreement has been

voided and the reasons for the action. The prosecutor shall decide whether or not to

proceed on the plea of guilty in accordance with the law.
KRS § 244.080 — KY Code / Title XX / Chapter 244 / Section 244.080
244.080 Retail sales to certain persons prohibited -- Affirmative defense in prosecution for selling to a minor
Status: in_force

244.080 Retail sales to certain persons prohibited -- Affirmative defense in

prosecution for selling to a minor.

A retail licensee, or the licensee's agent, servant, or employee, shall not sell, give away,

or deliver any alcoholic beverages or cannabis-infused beverages, or procure or permit

any alcoholic beverages or cannabis-infused beverages to be sold, given away, possessed

by, or delivered to:

(1) A minor, except that in any prosecution for selling alcoholic beverages or cannabis-

infused beverages to a minor it shall be an affirmative defense that the sale was

induced by the use of false, fraudulent, or altered identification papers or other

documents and that the appearance and character of the purchaser were such that

the purchaser's age could not have been ascertained by any other means and that the

purchaser's appearance and character indicated strongly that the purchaser was of

legal age to purchase alcoholic beverages or cannabis-infused beverages. This

evidence may be introduced either in mitigation of the charge or as a defense to the

charge itself; or

(2) A person who appears to a reasonable person to be actually or apparently under the

influence of alcoholic beverages, cannabis-infused beverages, controlled

substances, other intoxicating substances, or any of these substances in

combination, to the degree that the person may endanger any person or property, or

unreasonably annoy persons in the vicinity.
KRS § 615.050 — KY Code / Title LI / Chapter 615 / Section 615.050
615.050 Administrative regulations
Status: in_force

615.050 Administrative regulations.

The cabinet may promulgate administrative regulations to implement the provisions of

this chapter.
KRS § 273A.015 — KY Code / Title XXIII / Chapter 273A / Section 273A.015
273A.015 Ownership and transfer of property
Status: in_force

273A.015 Ownership and transfer of property.

(1) An unincorporated nonprofit association may acquire, hold, encumber, or transfer in

its name an interest in real, personal, or intangible property.

(2) An unincorporated nonprofit association may be a beneficiary of a trust or contract,

a legatee, or a devisee.
KRS § 158.830 — KY Code / Title XIII / Chapter 158 / Section 158.830
158.830 Legislative findings -- Construction of KRS 158.830 to 158.836
Status: in_force

158.830 Legislative findings -- Construction of KRS 158.830 to 158.836.

The General Assembly of the Commonwealth of Kentucky finds that:

(1) Asthma is the seventh-most prevalent chronic health condition in the United States

and is the leading serious chronic illness of children;

(2) Asthma is the third-ranking cause of hospitalization among children under age

fifteen (15) and accounts for almost one (1) in six (6) of all pediatric emergency

room visits;

(3) Approximately two hundred fifty thousand (250,000) Kentuckians suffer from

asthma, including over sixty thousand (60,000) children;

(4) Nationally more than five thousand four hundred (5,400) individuals die from

asthma each year;

(5) Asthma is the number-one cause of school absences attributed to chronic

conditions;

(6) Asthma is manageable with treatment and medications;

(7) Physicians and other health care practitioners instruct children with asthma in the

proper use of asthma medications; and

(8) KRS 158.830 to 158.836 shall be construed to provide unobstructed access to

asthma medications for elementary and secondary school students with asthma.
KRS § 425.316 — KY Code / Title XXXIX / Chapter 425 / Section 425.316
425.316 Examination
Status: in_force

425.316 Examination.

(1) Any person owing debts to the defendant, or having in his possession or under his

control any personal property belonging to the defendant, may be required to appear

before the court and be examined on oath regarding such property.

(2) If the person ordered to appear pursuant to this section fails to appear, the court may

as in cases of contempt punish a disobedience.

(3) After such examination, if the person admits that he is indebted to the defendant, or

that he holds property belonging to the defendant, the court may order that such

debt or property belonging to the defendant be attached in the manner and under the

conditions provided by this chapter and that any amount owing be paid to the

levying officer. If the person admits that he holds property which belongs to the

defendant and in which he claims no interest the court may order that such property

be delivered to the levying officer on such terms as may be just.
KRS § 15.826 — KY Code / Title III / Chapter 15 / Section 15.826
15.826 Manner for receipt and distribution of payments
Status: in_force

15.826 Manner for receipt and distribution of payments.

(1) Any payments of support made on behalf of a needy dependent child who is

receiving public assistance shall be deposited by the Office of the Attorney General

in a manner prescribed by the Attorney General which is consistent with state and

federal law and regulations. Distribution of any payments so made shall be made in

a manner prescribed by the Attorney General which is consistent with state and

federal law and regulations.

(2) The Office of the Attorney General may establish a system to receive and process

all child support payments using automated payment options including, but not

limited to, telephone and personal computer payment methods.
KRS § 267.200 — KY Code / Title XXII / Chapter 267 / Section 267.200
267.200 Viewers shall assess damages
Status: in_force

267.200 Viewers shall assess damages.

The viewers shall assess the damages claimed by anyone that is justly right and due to

him for property taken, injured or destroyed because of an improvement, or for any other

legal damages sustained, including the actual estimated amount saved on account of

private ditches utilized. Such damage shall be considered separate from any benefit the

land would receive because of the proposed work, and shall be paid by the board when

funds come into its hands. If any person agrees to waive the damages, the agreement shall

be written and filed by the viewers with their report.
KRS § 5.216 — KY Code / Title II / Chapter 5 / Section 5.216
5.216 Sixteenth Representative District
Status: in_force

5.216 Sixteenth Representative District.

The Sixteenth Representative District shall consist of the following territory:

County: Christian KY (part)

H102 - Crofton Elementary

H104 - New Barren Springs

County: Logan KY

County: Todd KY
KRS § 158.6458 — KY Code / Title XIII / Chapter 158 / Section 158.6458
158.6458 Plan for implementation of state assessment and accountability system -- Report
Status: in_force

158.6458 Plan for implementation of state assessment and accountability

system -- Report.

The Department of Education shall develop a plan for implementing the state

assessment and accountability system created under KRS 158.6453 and 158.6455

and shall report quarterly to the Interim Joint Committee on Education on its

progress in the following areas:

(1) Establishing a consistent structure of test components, grade-level testing

distribution, and test administration procedures;

(2) Beginning a new cycle of equating procedures for which their adequacy and

precision can be tested rigorously and conducting appropriate equating

analyses to accommodate the new accountability system;

(3) Publishing more complete and informative guides for interpreting school

accountability changes;

(4) Reviewing school accountability classifications to assure their construct validity

in all cases where they are applied;

(5) Developing and implementing a validity research plan as required under KRS

158.6453;

(6) Establishing additional routine audits of key processes in the assessment and

accountability program;

(7) Maintaining and cataloging a library of technical documents related to the

assessment and accountability program for internal and external review

purposes. In addition, the department shall produce an annual technical report

for audiences that include educators, testing coordinators, parents, and

legislators; and

(8) Maintaining a vigorous ongoing program of research and documentation of the

effects of the assessment and accountability system on Kentucky schools.
KRS § 210.265 — KY Code / Title XVIII / Chapter 210 / Section 210.265
210.265 No fee to be charged for staff certificate or affidavit
Status: in_force

210.265 No fee to be charged for staff certificate or affidavit.

In no case where the certificate or affidavit of state hospital staffs is admitted as evidence

in a proceeding to determine whether a person should be hospitalized shall any fee be

charged, it being considered a part of the regular state service.
KRS § 367.658 — KY Code / Title XXIX / Chapter 367 / Section 367.658
367.658 Financial report of campaign -- Filing -- Audit
Status: in_force

367.658 Financial report of campaign -- Filing -- Audit.

Within ninety (90) days after the completion of a solicitation campaign or on the

anniversary of the commencement of a solicitation campaign lasting more than one (1)

year, a professional solicitor shall file with the Attorney General a financial report of the

campaign, including gross revenues and an itemization of all expenses incurred. This

report shall be attested to by the authorized contracting agent for the professional solicitor

and two (2) authorized officials of the charitable organization and shall be completed on a

form prescribed by the Attorney General. This financial report shall be audited at the

request of the Attorney General's office.
KRS § 247.405 — KY Code / Title XXI / Chapter 247 / Section 247.405
247.405 Implementation of county farm safety programs
Status: in_force

247.405 Implementation of county farm safety programs.

In order to educate the citizens of the Commonwealth on the significance and importance

of farm safety, the department shall assist counties in implementing farm safety programs

by making grants when funds are available to eligible county organizations to assist the

organizations in promoting their farm safety programs.
KRS § 164.981 — KY Code / Title XIII / Chapter 164 / Section 164.981
164.981 Definitions for KRS 164.981 to 164.9819
Status: in_force

164.981 Definitions for KRS 164.981 to 164.9819.

As used in KRS 164.981 to 164.9819:

(1) "Autism" means a developmental disability significantly affecting verbal and

nonverbal communication and social interaction, generally evident before age three

(3), that adversely affects educational performance. Characteristics of autism

include:

(a) Irregularity and impairment in communication;

(b) Engagement in repetitive activity and stereotyped movement;

(c) Resistance to environmental change or change in daily routine; and

(d) Unusual responses to sensory experience.

The term does not include children with characteristics of an emotional-behavioral

disability as defined in KRS 157.200;

(2) "Council" means the Council on Postsecondary Education in Kentucky;

(3) "Center" means the autism training center;

(4) "Client" means a person with the primary diagnosis of autism or autistic-like

behavior; and

(5) "Expenses" means those reasonable and customary expenditures related to training

and treatment of eligible clients as defined in administrative regulations

promulgated by the council pursuant to KRS 13A.
KRS § 262.908 — KY Code / Title XXI / Chapter 262 / Section 262.908
262.908 Responsibilities of board
Status: in_force

262.908 Responsibilities of board.

(1) The PACE board shall have the following responsibilities:

(a) Implementing a Purchase of Agricultural Conservation Easement Program in

the Commonwealth as provided by this section, including the development

and promulgation of any administrative regulations required;

(b) Making decisions in connection with each specific easement purchase to be

made with Commonwealth funds from the agricultural enhancement fund;

(c) Evaluating, as necessary, potential sites within the Commonwealth on which

agricultural conservation easements or other property interests are to be

acquired, applying the criteria set forth in this section and administrative

regulations; and

(d) Employing the staff necessary to implement the provisions of this section.

(2) (a) The PACE board shall establish fair, equitable, objective, nondiscriminatory

procedures for determining easement purchase priorities.

(b) The board shall promulgate administrative regulations establishing policies

and procedures for determining easement purchase priorities and for

purchasing easements.

(c) The program criteria shall be designed to ensure that land is selected for

easement purchase because it will make a significant contribution to

agricultural production.
KRS § 645.050 — KY Code / Title LI / Chapter 645 / Section 645.050
645.050 Contents of certification petition
Status: in_force

645.050 Contents of certification petition.

The petition for certification and all subsequent court documents shall be entitled "In the

interest of ..., a child." The petition for certification shall state:

(1) The petitioner's relationship to the child;

(2) The child's name, age, address and present location;

(3) The name and address of the child's parents or legal guardian or other person

exercising custodial control or supervision;

(4) The name and address of the person having custody of the child;

(5) The name and address of the child's spouse, if any;

(6) The petitioner's belief, including its factual basis, that the child is mentally ill and is

dangerous to himself or others; and

(7) The petitioner's belief, including its factual basis, that the child can benefit from

treatment available only at a hospital and that no less restrictive alternative is

available which will be effective in treating the child.
KRS § 260.825 — KY Code / Title XXI / Chapter 260 / Section 260.825
260.825 Enforcement of KRS 260.775 to 260.845 -- Authority to promulgate administrative regulations
Status: in_force

260.825 Enforcement of KRS 260.775 to 260.845 -- Authority to promulgate

administrative regulations.

(1) The director shall enforce, administer, and implement the provisions of KRS

260.775 to 260.845 through the promulgation of administrative regulations in

accordance with KRS Chapter 13A.

(2) For the purpose of the enforcement of KRS 260.775 to 260.845, the director is

authorized during normal business hours to enter any public or private premises,

including any vehicle of transport, for the purpose of obtaining samples, gaining

access to milk, milk samples, and records pertaining to milk handling, milk weights,

milk test results, and milk payments. The director may:

(a) Collect samples obtained by sampler-weighers or testers for inspection

purposes;

(b) Inspect equipment and other devices used in testing or sampling and weighing

milk to determine the accuracy of this equipment and devices. Accuracy may

be determined by requiring sampler-weighers and testers to operate equipment

and devices to determine the accuracy of equipment, devices, and procedures;

(c) Condemn inaccurate or improperly operating equipment; and

(d) Examine and copy records and take testimony for the purpose of ascertaining

facts necessary to administer KRS 260.775 to 260.845.

(3) At the request of producers, processors, handlers, sampler-weighers, or testers, the

director may test for milk components or other tests of milk quality.

(4) The director shall employ qualified persons to assist in the enforcement of KRS

260.775 to 260.845.

(5) The director shall establish and maintain milk-testing facilities to determine if milk

has been sampled, weighed, and tested correctly. The testing facility established

shall be officially named the "Division of Regulatory Services Dairy Laboratory."

The director shall, with approval of the board of trustees of the University of

Kentucky, fix the salaries of the analysts, inspectors, and supporting staff.

(6) The director shall cooperate with other federal, state, and local enforcement

agencies.
KRS § 227.992 — KY Code / Title XIX / Chapter 227 / Section 227.992
227.992 Penalty
Status: in_force

227.992 Penalty.

Any person who willfully manufactures a manufactured home, sells, or offers for sale

a manufactured home, mobile home, or recreational vehicle in this state in violation

of KRS 227.550 to 227.660 shall be guilty of a misdemeanor and upon conviction

thereof shall be punishable by a fine of not more than one thousand dollars ($1,000)

or by confinement in the county jail for a period of not more than thirty (30) days, or

both.