FrankGoortani/open-us-law huggingface dataset:
KRS § 385.032 — KY Code / Title XXXII / Chapter 385 / Section 385.032
385.032 Nomination of custodian
Status: in_force

385.032 Nomination of custodian.

(1) A person having the right to designate the recipient of property transferable upon

the occurrence of a future event may revocably nominate a custodian to receive the

property for a minor beneficiary upon the occurrence of the event by naming the

custodian followed in substance by the words: "as custodian for ---------- (name of

minor) under the Kentucky Uniform Transfers to Minors Act." The nomination

may name one (1) or more persons as substitute custodians to whom the property

must be transferred in the order named, if the first nominated custodian dies before

the transfer or is unable, declines, or is ineligible to serve. The nomination may be

made in a will, a trust, a deed, an instrument exercising a power of appointment, or

in a writing designating a beneficiary of contractual rights which is registered with

or delivered to the payor, issuer, or other obligor of the contractual rights.

(2) A custodian nominated under this section must be a person to whom a transfer of

property of that kind may be made under KRS 385.092(1).

(3) The nomination of a custodian under this section does not create custodial property

until the nominating instrument becomes irrevocable or a transfer to the nominated

custodian is completed under KRS 385.092. Unless the nomination of a custodian

has been revoked, upon the occurrence of the future event the custodianship

becomes effective and the custodian shall enforce a transfer of the custodial

property pursuant to KRS 385.092.
KRS § 65.480 — KY Code / Title IX / Chapter 65 / Section 65.480
65.480 Construction of certain improvements not prohibited
Status: in_force

65.480 Construction of certain improvements not prohibited.

Nothing contained in KRS 65.462 to 65.478 shall prohibit construction of improvements

for agricultural purposes, flood control, control of soil erosion, or drainage of land.
KRS § 39E.160 — KY Code / Title V / Chapter 39E / Section 39E.160
39E.160 Response to be consistent with plan
Status: in_force

39E.160 Response to be consistent with plan.

After the state commission approves plans developed by each local emergency planning

committee, emergency response organizations of each city, county, urban-county

government, and charter county government shall respond in a manner consistent with

those plans.
KRS § 72.465 — KY Code / Title IX / Chapter 72 / Section 72.465
72.465 Inquiry into death under natural circumstances -- Death certificate -- Change in original certificate
Status: in_force

72.465 Inquiry into death under natural circumstances -- Death certificate --

Change in original certificate.

(1) The coroner shall in his sound discretion determine the extent of inquiry to be made

into any death occurring under natural circumstances and falling within the

provisions of KRS 72.410 to 72.470, and if inquiry reveals that the physician or

advanced practice registered nurse of record has sufficient knowledge to reasonably

state the cause of a death occurring under natural circumstances, the coroner may

authorize that physician or advanced practice registered nurse to sign the certificate

of death. In all other instances, the coroner shall sign the death certificate in

coroner's cases.

(2) In the event an autopsy is performed under the provisions of KRS 72.410 to 72.470

subsequent to the time that a death certificate has been filed with the Cabinet for

Health and Family Services, Vital Statistics Branch, the coroner shall notify the

Vital Statistics Branch of any change that may be necessary in the original

certificate.
KRS § 82.084 — KY Code / Title IX / Chapter 82 / Section 82.084
82.084 Exemption from procurement and advertising requirements for certain purchases
Status: in_force

82.084 Exemption from procurement and advertising requirements for certain

purchases.

KRS 45A.345 to 45A.460 and 424.260 shall not apply to city governments, urban-county

governments, consolidated local governments, or air boards identified in and operating

under the provisions of KRS 183.142(1) for the purchase of:

(1) Products or services when there is a single source of the product or service to be

procured within a reasonable geographic area;

(2) Products needed as replacement parts for personal property or equipment where the

need cannot be reasonably anticipated and maintaining an inventory of replacement

parts is not feasible; and

(3) Products or services that are provided by:

(a) Entities recognized by the Office of Vocational Rehabilitation under KRS

Chapter 163 that operate programs for the rehabilitation of individuals who

are blind or visually impaired;

(b) Agencies for individuals with severe disabilities as described in KRS

45A.465;

(c) A qualified veterans' workshop providing job and employment-skill training

to veterans where such a workshop is operated by the United States

Department of Veterans Affairs;

(d) Nonprofit organizations, employment services organizations, or other private

business organizations with established operations within the jurisdiction of

the city, urban-county government, or consolidated local government with the

main mission or business purpose of serving individuals with disabilities by

offering transitional or supported employment services or other rehabilitative

programs and services, including but not limited to serving individuals with

severe mental or physical disabilities or those recovering from substance

abuse disorders; or

(e) Nonprofit community service organizations operating within the jurisdiction

of the city, urban-county government, or consolidated local government when

there is a determination in the official record of the legislative body that the

purchase of the products or services would serve a mutual benefit to the

government and the organization by:

1. Furthering the purposes of the organization;

2. Providing a service or product needed by the government;

3. Advancing a specific public purpose; and

4. Serving the best interest of the public.

If two (2) or more organizations meet the qualifications set out in this

paragraph, then the government shall award the contract to one (1) of the

qualifying organizations using the selection criteria of its adopted competitive

bidding process.
KRS § 38.490 — KY Code / Title V / Chapter 38 / Section 38.490
38.490 Liability insurance for Kentucky National Guard members on active state duty
Status: in_force

38.490 Liability insurance for Kentucky National Guard members on active state

duty.

The Adjutant General may purchase liability insurance for the protection of members of

the Kentucky National Guard called to state active duty by the Governor under KRS

38.030 to protect them for acts, omissions, and claims arising while on state active duty,

and while not otherwise covered by existing state government programs that provide

medical coverage or protection for acts, omissions, or claims to members of the Kentucky

National Guard while on state active duty. To provide coverage not provided by existing

state government programs, the Adjutant General may purchase the type and amount of

liability coverage deemed appropriate to best serve the interests of the Kentucky National

Guard and its members.
KRS § 189.272 — KY Code / Title XVI / Chapter 189 / Section 189.272
189.272 Venue and jurisdiction -- Overweight vehicle cases
Status: in_force

189.272 Venue and jurisdiction -- Overweight vehicle cases.

The District Court where the offense occurred shall have venue and jurisdiction with the

courts of this Commonwealth of all prosecutions for violations of the weight provisions

of KRS 189.221, 189.222, 189.226, 189.230, 189.270 and 189.271.
KRS § 196.037 — KY Code / Title XVII / Chapter 196 / Section 196.037
196.037 Department personnel to have powers of peace officers
Status: in_force

196.037 Department personnel to have powers of peace officers.

(1) All personnel of the department, while acting for the department in any capacity

entailing the maintenance of custody over any prisoners, shall have all the authority

and powers of peace officers.

(2) All department personnel who are officially requested by a law enforcement agency

in a county of Kentucky or by the Department of Kentucky State Police to assist in

the apprehension of a prisoner who has escaped from the legal or physical custody

of the Department of Corrections or a detention facility of the Department of

Corrections shall possess, while responding to and for the duration of the matter for

which the request was made, the same powers of arrest as peace officers.

(3) Probation and parole officers, while acting for the department in any capacity

entailing the maintenance of custody or supervision of any confined prisoner,

paroled prisoner, escaped prisoner, probationer, or other person otherwise placed

under their supervision shall have all the authority and powers of peace officers.

(4) Internal affairs officers and supervisors of the department, while investigating any

person in connection with an offense involving personnel of the department,

employee of any contractor providing services to the department, confined prisoner,

paroled prisoner, escaped prisoner, probationer, or other person otherwise placed

under the supervision of the department, shall have all the authority and powers of

peace officers.
KRS § 273.645 — KY Code / Title XXIII / Chapter 273 / Section 273.645
273.645 Short title for KRS 273.600 to 273.645
Status: in_force

273.645 Short title for KRS 273.600 to 273.645.

KRS 273.600 to 273.645 may be cited as the Kentucky Uniform Prudent Management of

Institutional Funds Act.
KRS § 121.025 — KY Code / Title X / Chapter 121 / Section 121.025
121.025 Corporate contributions to candidates prohibited
Status: in_force

121.025 Corporate contributions to candidates prohibited.

No corporation authorized to do business in this state or in another state, and no

officer or agent of a corporation on its behalf, shall contribute, either directly or

indirectly, any money, service, or other thing of value towards the nomination or

election of any state, county, city, or district officer in this state, or pay, promise,

loan, or become liable in any way for any money or other valuable thing on behalf of

any candidate for office at any election, primary or nominating convention held in this

state. No attorney or other person shall accept employment and compensation from

a corporation with the understanding or agreement, either direct or implied, that he

or she will contribute to any such candidate, or on his or her behalf, any part or all of

such compensation, towards the nomination or election of such candidate. The

prohibitions in this section shall not prevent a corporation from making a monetary

contribution to a state executive committee's building fund account established

under KRS 121.172.
KRS § 525.020 — KY Code / Title L / Chapter 525 / Section 525.020
525.020 Riot in the first degree
Status: in_force

525.020 Riot in the first degree.

(1) A person is guilty of riot in the first degree when:

(a) He knowingly participates in a riot; and

(b) In the course of and as a result of such riot a person other than one (1) of the

participants suffers physical injury or substantial property damage occurs.

(2) Riot in the first degree is a Class D felony.
KRS § 386.023 — KY Code / Title XXXIII / Chapter 386 / Section 386.023
386.023 Investment method alternatives
Status: in_force

386.023 Investment method alternatives.

Any other provisions of this chapter notwithstanding, and in the absence of an express

provision to the contrary in an instrument establishing a fiduciary relationship, whenever

such instrument requires, directs, authorizes, or permits a fiduciary to invest funds in

obligations of the United States government or in obligations unconditionally guaranteed

by the United States government, such fiduciary may invest in and hold such obligations

either directly or in the form of securities in any open-end management type investment

company or investment trust registered under the Investment Company Act of 1940, as

from time to time amended, provided that the portfolio of such investment company or

investment trust is limited to such obligations and to repurchase agreements fully

collateralized by obligations of the United States government or obligations

unconditionally guaranteed by the United States government and provided further that

any such investment company or investment trust shall take delivery of such collateral

either directly or through an authorized custodian.
KRS § 162.040 — KY Code / Title XIII / Chapter 162 / Section 162.040
162.040 Escheated property
Status: in_force

162.040 Escheated property.

So much property in each school district as escheats to the state, and is not required by the

provisions of KRS Chapter 393 to be disposed of in some other manner, shall vest in the

state for the use and benefit of the public schools in the district. The board of education of

the district may, in the name of the state and for the use and benefit of the schools of the

district, by its chairman or other officer designated by it, enter upon and take possession

of the property, or sue for and recover the property by action at law or in equity. The

board may sell and convey any of the property by warranty deed or otherwise.
KRS § 335.120 — KY Code / Title XXVI / Chapter 335 / Section 335.120
335.120 Licensure without examination -- Reciprocal agreement between states
Status: in_force

335.120 Licensure without examination -- Reciprocal agreement between states.

The board may grant the appropriate license without examination to any person who at

the time of application holds a valid license from another state and who meets the current

minimum requirements for licensure in Kentucky provided a reciprocal agreement exists

between the states.
KRS § 227.331 — KY Code / Title XIX / Chapter 227 / Section 227.331
227.331 Violation of administrative regulations or orders -- Administrative fines -- Enforcement actions
Status: in_force

227.331 Violation of administrative regulations or orders -- Administrative fines --

Enforcement actions.

(1) Any person who willfully violates any administrative regulation, emergency order,

or final order of the state fire marshal shall be subject to suspension or revocation of

certificate of authority, occupancy, or other license or permit, or administrative fine

not exceeding one thousand dollars ($1,000) in lieu of suspension or revocation, for

violation of the provision to which the administrative regulation or order relates,

after notice and hearing in accordance with KRS Chapter 13B.

(2) It shall be the duty of the state fire marshal, or upon the commissioner's request, of

the Attorney General, to bring an action to enforce any proper order made or action

taken by the state fire marshal or on his or her authority, or for the recovery of the

penalties provided in subsection (1) of this section, and to bring an action for a

restraining order or for a temporary or permanent injunction, as the state fire

marshal deems necessary for the prevention or correction of a condition constituting

or threatening to constitute a violation of this chapter or administrative regulations

promulgated thereunder. In any action for a restraining order or for a temporary or

permanent injunction, allegations in a verified complaint or affidavit by the state

fire marshal deputy or employee that the respondent is in violation of specified fire

prevention and protection laws or administrative regulations and the violation or

violations present such hazard to human life or limb that the public safety

imperatively requires emergency action shall be sufficient under Rule 65 of the

Kentucky Rules of Civil Procedure to show that the applicant's rights are being or

will be violated and that he or she will suffer immediate and irreparable injury, loss,

or damage before notice can be served and a hearing had thereon or pending a final

judgment in the action.

(3) All actions for enforcement, recovery of administrative fines, and injunctive relief

for violations of this chapter shall be brought in the name of the Commonwealth of

Kentucky by the state fire marshal, or upon the commissioner's request by the

Attorney General, in the Circuit Court within which the property involved is

located.

(4) If the state fire marshal has reason to believe that any person has violated any

provision of this chapter, for which criminal penalties are provided and in his or her

opinion prosecution would be in order, he or she shall give the information relative

thereto to the appropriate county attorney, Commonwealth's attorney, or to the

Attorney General. The county attorney, Commonwealth's attorney, or Attorney

General shall promptly institute any action or proceedings against the person as in

his or her opinion the information may require or justify.
KRS § 141.445 — KY Code / Title XI / Chapter 141 / Section 141.445
141.445 Designation of income tax refund to pediatric cancer research trust fund
Status: in_force

141.445 Designation of income tax refund to pediatric cancer research trust fund.

(1) Effective for taxable years beginning on or after January 1, 2016, any taxpayer

required to file a return under KRS 141.180 who is entitled to an income tax refund

and who desires to contribute to the pediatric cancer research trust fund created

under KRS 211.595 may designate an amount, not to exceed the amount of the

refund, to be paid to the fund. A designation made under this section shall not affect

the income tax liability of the taxpayer, but it shall reduce the income tax refund by

the amount designated.

(2) The tax refund designation authorized by this section shall be printed on the face of

the Kentucky individual income tax form.

(3) The instructions accompanying the individual income tax return shall include a

description of the pediatric cancer research trust fund and the purposes for which

the funds from the income tax checkoff may be used.

(4) The commissioner of the department shall, by July 1, 2017, and by July 1 of each

year thereafter, transfer the funds designated by taxpayers under this section to the

pediatric cancer research trust fund created by KRS 211.595.
KRS § 387.050 — KY Code / Title XXXIII / Chapter 387 / Section 387.050
387.050 Nomination by minor fourteen years of age or older
Status: in_force

387.050 Nomination by minor fourteen years of age or older.

If the minor is fourteen (14) years of age or older, the minor may, in the presence of the

District Court, or by a writing signed in the presence of the judge, after privy

examination, nominate his own guardian, limited guardian, or conservator, or if the minor

be absent from the county, the minor may after privy examination, in the presence of the

District Judge of the county where the minor is, or if the minor be in the military or naval

services of the United States, after privy examination, in the presence of a superior

commanding officer, by a writing signed in the presence of the judge or superior officer

nominate his own guardian, limited guardian, or conservator, provided that the judge or

the commanding officer certify to the District Judge of the county having jurisdiction to

appoint a guardian, limited guardian, or conservator for the minor that the writing was

signed by the minor after privy examination in the presence of the judge or officer.
KRS § 312.021 — KY Code / Title XXVI / Chapter 312 / Section 312.021
312.021 Certification of specialties -- Advertising restrictions
Status: in_force

312.021 Certification of specialties -- Advertising restrictions.

(1) No licensed doctor of chiropractic shall advertise or hold himself out to the public

in any manner which is false, deceptive, misleading, or as being especially qualified

or advanced in any branch of the practice of chiropractic except as certified by the

board.

(2) The board shall identify by administrative regulation those specialties of the

chiropractic for which certification may be granted and shall establish by

administrative regulation the procedures for obtaining and maintaining such

certification and the fees therefor.
KRS § 353.743 — KY Code / Title XXVIII / Chapter 353 / Section 353.743
353.743 Copy of survey to be provided to Division of Oil and Gas
Status: in_force

353.743 Copy of survey to be provided to Division of Oil and Gas.

A coal, oil, or gas operator that has a directional or inclination survey performed pursuant

to KRS 353.737 and 353.739 shall provide a copy of the survey to the Division of Oil and

Gas. The division shall be responsible for reasonably maintaining and updating all

information required by this chapter regarding oil and gas wells.
KRS § 365.573 — KY Code / Title XXIX / Chapter 365 / Section 365.573
365.573 Filing of applications
Status: in_force

365.573 Filing of applications.

(1) Upon the filing of an application for registration and payment of the application fee

prescribed in KRS 365.571, the Secretary may cause the application to be examined

for conformity with KRS 365.561 to 365.613.

(2) The applicant shall provide any additional pertinent information requested by the

Secretary, including a description of the design mark, and may make, or authorize

the Secretary to make any amendments to the application as are reasonably

requested by the Secretary, or deemed advisable by the applicant to respond to any

rejection or objection.

(3) The Secretary may require the applicant to disclaim exclusive rights in an

unregistrable component of a mark otherwise registrable, and an applicant may

voluntarily disclaim a component of a mark sought to be registered. No disclaimer

shall prejudice or affect the applicant's or registrant's rights then existing or

thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of

registration under another application if the disclaimed matter has become

distinctive of the applicant's or registrant's goods or services.

(4) The Secretary may amend the application with the applicant's agreement or may

require a substitute application to be submitted.

(5) The Secretary shall advise the applicant if he is not entitled to registration and state

the reasons for the decision. The applicant shall have a reasonable period of time as

set out in administrative regulations promulgated by the Secretary, in which to reply

to or amend the application, in which event the application shall then be

reexamined. This procedure may be repeated until:

(a) The Secretary finally refuses registration of the mark; or

(b) The applicant fails to reply to or amend the application within the specified

period, whereupon the application shall be deemed to have been withdrawn.

(6) If the Secretary finally refuses registration of the mark, the applicant may appeal the

decision to the Franklin Circuit Court. The court may summarily order the Secretary

to register the mark on proof that all the statements in the application are true and

that the mark is otherwise entitled to registration. The Secretary of State shall not be

liable for any court costs. The court's final decision may be appealed as in other

civil proceedings.

(7) If two (2) or more applications are concurrently being processed by the Secretary

seeking registration of the same or confusingly similar marks for the same or related

goods or services, the Secretary shall grant priority to the applications in the order

of filing. If a prior-filed application is granted a registration, the other applications

shall then be rejected. Any rejected applicant may bring an action for cancellation of

the registration on grounds of prior or superior rights to the mark, in accordance

with the provisions of KRS 365.591.