FrankGoortani/open-us-law huggingface dataset:
KRS § 319C.050 — KY Code / Title XXVI / Chapter 319C / Section 319C.050
319C.050 Powers and duties of board
Status: in_force

319C.050 Powers and duties of board.

(1) It shall be the duty of the board to establish requirements for licensure to practice

applied behavior analysis in the state in accordance with KRS 319C.060, to receive

applications for licensure from persons desiring to become a behavior analyst, an

assistant behavior analyst, or a temporary licensee from persons seeking to obtain

supervised experience in the state, and to determine whether those applicants meet

the qualifications and standards required by this chapter of all behavior analysts,

assistant behavior analysts, or temporary licensees.

(2) The board is an agency of state government with the power to institute criminal

proceedings in the name of the Commonwealth against violators of this chapter, and

to institute civil proceedings to enjoin any violation of this chapter. The board shall

investigate every alleged violation of this chapter brought to the board's notice and

shall take action as it may deem appropriate. It shall be the duty of the Attorney

General, the Commonwealth's attorneys, and the county attorneys to assist the board

in prosecuting all violations of this chapter.

(3) All meetings shall be held at the call of the chair or at a call of a majority of

members upon not less than ten (10) days' written notice, unless notice shall be

waived. The presence of any member at any meeting of the board shall constitute a

waiver of notice thereof by the member.

(4) The board may conduct investigations and schedule and conduct administrative

hearings in accordance with KRS Chapter 13B to enforce the provisions of this

chapter or administrative regulations promulgated pursuant to this chapter. The

board shall have the authority to administer oaths, receive evidence, interview

persons, issue subpoenas, and require the production of books, papers, documents,

or other evidence. In case of disobedience to a subpoena, the board may invoke the

aid of the Franklin Circuit Court. Any order or subpoena of the court requiring the

attendance or testimony of witnesses or the production of documentary evidence

may be enforced and shall be valid anywhere in the Commonwealth.

(5) The board shall keep a minute book containing a record of all meetings of the

board.

(6) The board shall maintain a register of all persons licensed under this chapter. This

register shall show the name of every licensee in this state, his or her current

business and residence address and telephone numbers, and the date and number of

his or her license. A licensee shall notify the board of a change of name, address, or

telephone number, within thirty (30) days of the change.

(7) The board's records shall be updated annually.

(8) The board shall publish annually and make available a current directory of all

licensed behavior analysts, licensed assistant behavior analysts, and temporary

licensees obtaining supervised experience.

(9) The board shall adopt a seal which shall be affixed to every license and certificate

granted by it.
KRS § 157.611 — KY Code / Title XIII / Chapter 157 / Section 157.611
157.611 School Facilities Construction Commission -- Legislative intent
Status: in_force

157.611 School Facilities Construction Commission -- Legislative intent.

(1) By establishing the School Facilities Construction Commission, the General

Assembly expresses its commitment to help local districts meet the school

construction needs and the education technology needs of the state in a manner

which will insure an equitable distribution of funds based on unmet facilities need

and the total implementation of the Kentucky Education Technology System.

(2) The commission is empowered to act on behalf of school districts to issue bonds in

the name of the commission and to enter into lease agreements with local boards of

education to finance construction of new facilities, major renovation of existing

school facilities. The commission is also empowered to enter into agreements which

may provide for a percentage discount, on a biennially renewable basis, of annual

lease agreements due the commission for those districts which participate. The

commission is also empowered to enter into lease agreements with the Department

of Education to build state-owned facilities operated by the Department of

Education or to purchase or lease education technology equipment and related

software identified in the technology master plan for those facilities or the

Department of Education.

(3) The commission shall assist local school boards meet their education technology

needs by distributing state funds appropriated for this purpose and by assisting

school boards to design efficient finance plans for the bonding, purchase or lease of

education technology equipment and related software identified in the technology

master plan.

(4) The commission shall administer two (2) separate programs: the school

construction funding program and the education technology funding program.

Funds appropriated for each program shall be maintained, administered, and audited

separately.

(5) Nothing in KRS 157.611 to 157.640 shall prohibit a school district from issuing

bonds, including general obligation bonds, in accordance with KRS Chapter 66 or

162.
KRS § 131.520 — KY Code / Title XI / Chapter 131 / Section 131.520
131.520 Surrender of property upon which levy made -- Effect of surrender or failure to do so
Status: in_force

131.520 Surrender of property upon which levy made -- Effect of surrender or

failure to do so.

(1) Any person in possession of or obligated with respect to property or rights to

property subject to levy upon which a levy has been made shall, upon demand of the

commissioner or his delegate, surrender such property or rights or discharge such

obligation to the commissioner or his delegate, except such part of the property or

rights as is, at the time of such demand, subject to an attachment or execution under

any judicial process.

(2) Any person who fails or refuses to surrender any property or rights to property

subject to levy shall be liable in his own person and estate to the Commonwealth in

a sum equal to the value of the property or rights not so surrendered, but not

exceeding the amount of taxes for the collection of which such levy has been made,

together with costs and interest on such sum at the rate of twelve percent (12%) per

annum from the date of such levy. Any amount other than costs recovered under

this paragraph shall be credited against the tax liability for the collection of which

such levy was made.

(3) Any person in possession of or obligated with respect to property or rights to

property subject to levy upon which a levy has been made who, upon demand by the

commissioner or his delegate, surrenders such property or rights to property or

discharges such obligation to the commissioner or his delegate shall be discharged

from any obligation or liability to the delinquent taxpayer with respect to such

property or rights to property arising from such surrender or payment.
KRS § 141.520 — KY Code / Title XI / Chapter 141 / Section 141.520
141.520 Effect of Education Opportunity Account Program on education service provider -- Authority of government entities. (See LRC Note below)
Status: in_force

141.520 Effect of Education Opportunity Account Program on education service

provider -- Authority of government entities. (See LRC Note below)

(1) Nothing in KRS 141.500 to 141.528 shall be deemed to limit the independence or

autonomy of an education service provider or to make the actions of an education

service provider the actions of the state government.

(2) Nothing in KRS 141.500 to 141.528 shall be construed to expand the regulatory

authority of the state, its officers, or any county school district to impose any

additional regulation of education service providers beyond those necessary to

enforce the requirements of the EOA program.

(3) An education service provider that accepts payment from an EOA pursuant to KRS

141.500 to 141.528 is not an agent of the state or federal government.

(4) An education service provider shall not be required to alter its creed, practices,

admissions policy, or curriculum in order to accept payments from an EOA.
KRS § 104.630 — KY Code / Title IX / Chapter 104 / Section 104.630
104.630 Treasurer -- Duties -- Bond -- Countersigning of checks
Status: in_force

104.630 Treasurer -- Duties -- Bond -- Countersigning of checks.

The treasurer shall keep an accurate account of all money received or disbursed by the

district, make periodic accountings and reports thereof as directed by the board of

directors, make regular semiannual accountings, assist any auditors employed by the

board to check the financial records of the district, sign all checks or vouchers of the

district, deposit all funds received in any bank selected by the board, and perform all

other functions as chief financial officer of the district as directed by the board. No check

or voucher shall be valid until countersigned by the president of the board. The treasurer

shall give a good and sufficient bond to the board for the faithful and honest performance

of his duties and as security for all money coming into his hands or under his control. The

cost of the bond shall be paid by the district.
KRS § 156.295 — KY Code / Title XIII / Chapter 156 / Section 156.295
156.295 Offenses -- Penalties
Status: in_force

156.295 Offenses -- Penalties.

(1) Any officer or employee of a board or any other person who prevents, attempts to

prevent, or obstructs an examination by the accountant made under KRS 156.265

and 156.275 is guilty of a high misdemeanor and shall, upon indictment and

conviction in the Circuit Court of competent jurisdiction, be fined five hundred

dollars ($500).

(2) Any person who fails or refuses to permit the examination provided for in KRS

156.285 or who interferes with such examination shall be fined not less than one

hundred dollars ($100) or imprisoned in the county jail for not less than one (1)

month nor more than twelve (12) months, or both. Each refusal shall constitute a

separate offense.

(3) Any person who has custody of any books, accounts, reports, vouchers,

correspondence, files, records, money, and property that the accountant is

authorized to examine under KRS 156.265 and 156.285 who fails or refuses when

called upon by the committee for that purpose to permit the accountant to inspect

any of such materials shall, upon conviction in the Circuit Court of competent

jurisdiction, be fined not more than five hundred dollars ($500) and be subject to

removal as provided by law.

(4) Any person who refuses to be sworn when required by the committee to be sworn

for the purpose mentioned in subsection (2) of KRS 156.285 shall be fined not more

than five hundred dollars ($500).

(5) Any witness called by the committee under subsection (3) of KRS 156.285 who

fails, without legal excuse, to attend or testify shall be fined not more than five

hundred dollars ($500).
KRS § 365.040 — KY Code / Title XXIX / Chapter 365 / Section 365.040
365.040 Exceptions to KRS 365.030
Status: in_force

365.040 Exceptions to KRS 365.030.

The provisions of KRS 365.030 do not apply to any sale made:

(1) In closing out in good faith the owner's stock or any part thereof for the purpose of

discontinuing his trade in any such stock or commodity, or in disposing of

seasonable goods to prevent loss to the vendor by depreciation, or in disposing of

perishable goods to prevent loss to the vendor by spoilage, if notice is given to the

public thereof.

(2) When the goods are damaged or deteriorated in quality and notice is given to the

public thereof.

(3) By an officer acting under the orders of any court.

(4) In an endeavor made in good faith to meet the legal prices of a competitor selling

the same article or product, or service or output of a service trade, in the same

locality or trade area.
KRS § 74.408 — KY Code / Title IX / Chapter 74 / Section 74.408
74.408 Board to determine order in which water, gas or sewage service is to be commenced
Status: in_force

74.408 Board to determine order in which water, gas or sewage service is to be

commenced.

The authority of a water district to establish water and gas distribution systems, and

sewage treatment and disposal systems, having been recognized and established, it shall

be the function of the board of commissioners of the water district to determine when,

and in what order, each of these functions shall be commenced, and the operation of one

(1) type of system shall not be a prerequisite for the operation of another type of system.
KRS § 179.350 — KY Code / Title XV / Chapter 179 / Section 179.350
179.350 Roads to be measured by engineer -- Report
Status: in_force

179.350 Roads to be measured by engineer -- Report.

When directed to do so by the Department of Highways, the county engineer shall cause

all public roads within his county to be measured. Measurement shall be made either by

the use of the cyclometer or otherwise as directed. The report on the measurement shall

indicate the roads which have been surfaced with gravel, those which have been surfaced

with crushed stone, brick, concrete, or other hard materials, and those which have been

shaped and crowned, and the mileage of all roads.
KRS § 162.450 — KY Code / Title XIII / Chapter 162 / Section 162.450
162.450 Payments into fund -- Replacement of expenditures -- Use of interest
Status: in_force

162.450 Payments into fund -- Replacement of expenditures -- Use of interest.

The board of education authorized to establish an insurance fund pursuant to KRS

162.440 may raise the maximum limit of the insurance fund from time to time as it deems

best. Until the amount in the fund equals the maximum limit, the board of education shall

each year, from the revenues under its control, set apart to the fund a sum equal to from

one-twentieth (1/20) to one-tenth (1/10) of the maximum limit of the sum. When any

portion of the fund is used, payments to restore the fund shall at once be begun and be

continued until the restoration is complete. When the fund is, for any reason, below the

maximum limit, the interest derived from the investment thereof shall be accumulated

and added to the fund; otherwise the interest may be transferred to the general funds of

the board.
KRS § 322A.080 — KY Code / Title XXVI / Chapter 322A / Section 322A.080
322A.080 Exemptions from registration requirements
Status: in_force

322A.080 Exemptions from registration requirements.

The following persons shall be exempt from the requirements of registration under this

chapter:

(1) (a) Officers and employees of the United States government while engaged in

providing geological services for their employment; and

(b) Until July 31, 2015, officers and employees of state or local governments

while engaged in providing geological services for their employment;

(2) Persons engaged solely in geologic research or the instruction of geology;

(3) Professional engineers registered in this Commonwealth under KRS Chapter 322

who apply geology to the practice of engineering; or

(4) Persons not engaged in the public practice of geology.
KRS § 160.710 — KY Code / Title XIII / Chapter 160 / Section 160.710
160.710 Notification of privacy rights -- Written policies
Status: in_force

160.710 Notification of privacy rights -- Written policies.

Parents or eligible students shall be informed of the rights of privacy and confidentiality

accorded student education records. The educational institution shall determine the means

and method of notice and adopt written policies consistent with the state law.
KRS § 407.5602 — KY Code / Title XXXV / Chapter 407 / Section 407.5602
407.5602 Procedure to register order for enforcement
Status: in_force

407.5602 Procedure to register order for enforcement.

(1) Except as otherwise provided in KRS 407.5706, a support order or income-

withholding order of another state or a foreign support order may be registered in

this state by sending the following to the Office of the Attorney General:

(a) A letter of transmittal to the tribunal requesting registration and enforcement;

(b) Two (2) copies, including one (1) certified copy, of the order to be registered,

including any modification of the order;

(c) A sworn statement by the person requesting registration or a certified

statement by the custodian of the records showing the amount of any

arrearage;

(d) The name of the obligor and, if known:

1. The obligor's address and the obligor's Social Security number provided

in accordance with KRS 403.135;

2. The name and address of the obligor's employer and any other source of

income of the obligor; and

3. A description and the location of property of the obligor in this state not

exempt from execution; and

(e) Except as otherwise provided in KRS 407.5312, the name and address of the

obligee and, if applicable, the person to whom support payments are to be

remitted.

(2) On receipt of a request for registration, the registering tribunal shall cause the order

to be filed as an order of a tribunal of another state or a foreign support order,

together with one (1) copy of the documents and information, regardless of their

form.

(3) A petition or comparable pleading seeking a remedy that must be affirmatively

sought under other law of this state may be filed at the same time as the request for

registration or later. The pleading shall specify the grounds for the remedy sought.

(4) If two (2) or more orders are in effect, the person requesting registration shall:

(a) Furnish to the tribunal a copy of every support order asserted to be in effect in

addition to the documents specified in this section;

(b) Specify the order alleged to be the controlling order, if any; and

(c) Specify the amount of consolidated arrears, if any.

(5) A request for a determination of which is the controlling order may be filed

separately or with a request for registration and enforcement or for registration and

modification. The person requesting registration shall give notice of the request to

each party whose rights may be affected by the determination.
KRS § 247.453 — KY Code / Title XXI / Chapter 247 / Section 247.453
247.453 Definitions for KRS 247.450 to 247.505
Status: in_force

247.453 Definitions for KRS 247.450 to 247.505.

As used in KRS 247.450 to 247.505, unless the context otherwise requires:

(1) "Commissioner" means the commissioner of agriculture;

(2) "Board" means the state board of agriculture;

(3) "Producer" means every person who produces milk or cream from cows and

thereafter causes the same to be marketed as milk, cream or other dairy products;

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

producing milk at the time a referendum was conducted in accordance with the

provisions of KRS 247.450 to 247.505;

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

other business entity;

(6) "Milk" means milk from cows and all of its natural components, sweet cream, sour

cream, skim milk, flavored milk, buttermilk, condensed or concentrated whole or

skim milk for use in milk products of every kind and description;

(7) "Handler" or "dealer" means any person, including any distributor, processor, bulk

milk handler, or operator of a store, who purchases or receives on consignment or

otherwise, milk and milk products of every kind and description, within the state,

for sale, shipment, storage, processing, or manufacture;

(8) "Processor" means any person engaged in the business of processing milk and other

material into milk products of every kind and description.
KRS § 65.015 — KY Code / Title IX / Chapter 65 / Section 65.015
65.015 Legislative intention to occupy field regarding provisions of KRS 336.130
Status: in_force

65.015 Legislative intention to occupy field regarding provisions of KRS

336.130.

The legislative body of any city, county, consolidated local government,

urban-county government, charter county government, or unified local government

shall not have the authority to adopt or enforce any ordinance, policy, or resolution

that is in conflict with KRS 336.130.
KRS § 438.050 — KY Code / Title XL / Chapter 438 / Section 438.050
438.050 Use of alternative nicotine products, tobacco products, and vapor products on school premises -- Exception
Status: in_force

438.050 Use of alternative nicotine products, tobacco products, and vapor products

on school premises -- Exception.

(1) Any person, except adult employees of the school system who smoke in a room on

the school premises designated by the superintendent or principal for the purpose,

who uses alternative nicotine products, tobacco products, or vapor products in any

school building or any part of any building used for school purposes, or upon school

grounds, while children are assembled there for lawful purposes, except in areas in

secondary schools designated and supervised by the superintendent or principal for

the purpose, shall be fined not less than one dollar ($1) nor more than five dollars

($5).

(2) The exception granted for smoking areas designated by the superintendent or

principal shall extend to all schools.
KRS § 190.124 — KY Code / Title XVI / Chapter 190 / Section 190.124
190.124 Statute of limitations on action for breach of retail installment contract
Status: in_force

190.124 Statute of limitations on action for breach of retail installment contract.

(1) The holder of a retail installment contract shall commence an action against the

retail buyer to recover monetary damages or other relief for breach of the retail

installment contract within the earlier of the following:

(a) Four (4) years after the maturity date of the retail installment contract;

(b) If the motor vehicle has been repossessed, voluntarily or involuntarily, four

(4) years after the date the motor vehicle was sold or otherwise disposed of by

the repossessing retail seller, sales finance company, or other owner of the

retail installment contract; or

(c) If the maturity date is accelerated by reason of default, regardless of whether

the motor vehicle has been repossessed, within four (4) years of the

accelerated maturity date.

(2) The provisions of this section shall control over any contrary provision of KRS

Chapter 413.
KRS § 216A.030 — KY Code / Title XVIII / Chapter 216A / Section 216A.030
216A.030 Supervision and license required
Status: in_force

216A.030 Supervision and license required.

(1) No licensed long-term care facility shall operate except under the supervision of a

long-term care administrator, unless approved by the board through administrative

regulation, and no person shall be a long-term care administrator unless he or she is

the holder of a long-term care administrator's license issued pursuant to this chapter.

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

194A.700 to 194A.729.