FrankGoortani/open-us-law huggingface dataset:
KRS § 210.405 — KY Code / Title XVIII / Chapter 210 / Section 210.405
210.405 Board may act as fiduciary -- Duties -- Powers
Status: in_force

210.405 Board may act as fiduciary -- Duties -- Powers.

(1) Any regional community board for mental health or individuals with an intellectual

disability established pursuant to KRS 210.380 and recognized by the secretary of

the Cabinet for Health and Family Services may be appointed and act as executor,

administrator, guardian, limited guardian, conservator, or limited conservator, as

provided in this section. In this capacity, the board may transact business in the

same manner as any individual and for this purpose may sue and be sued in any of

the courts of the state. Bond shall not be required of the board.

(2) Whenever a person who has been adjudged mentally disabled and requires mental

health services has no guardian or conservator, the board, acting through its

designated officer, may apply to the District Court of the county in which the

adjudication was made for its appointment as guardian or conservator for such

mentally disabled person. The board may also apply to be substituted as guardian or

conservator for a mentally disabled person whose guardian or conservator is the

Cabinet for Health and Family Services and who has been discharged or whose

discharge is imminent from a Cabinet for Health and Family Services facility.

(3) Upon the death of a person for whom the board has been appointed guardian or

conservator leaving an estate and having no relatives at the time residing within the

state, the board may apply for appointment as administrator and upon appointment

shall close the administration of the estate.

(4) The board may invest funds held as fiduciary in bonds or other securities guaranteed

by the United States, and may sell or exchange such securities in its discretion.

(5) The board shall receive such fees for its fiduciary services as provided by law.

These fees shall be placed in a trust and agency account, from which may be drawn

expenses for filing fees, court costs, and other expenses incurred in the

administration of estates. Claims of the board against the estates shall be considered

in the same manner as any other claim.
KRS § 365.360 — KY Code / Title XXIX / Chapter 365 / Section 365.360
365.360 Evidence admissible in determining cost to wholesaler and retailer -- Cost survey
Status: in_force

365.360 Evidence admissible in determining cost to wholesaler and retailer -- Cost

survey.

(1) In determining cost to the wholesaler and cost to the retailer, the court shall receive

and consider as bearing on the bona fides of the cost, evidence tending to show that

any person complained against under any of the provisions of KRS 365.260 to

365.380 purchased the cigarettes involved in the complaint, at a fictitious price, or

upon the terms, or in a manner, or under such invoices, as to conceal the true cost,

discounts or terms of the purchase, and shall also receive and consider as bearing on

the bona fides of the cost, evidence of the normal, customary, and prevailing terms

and discounts in connection with other sales of a similar nature in the trade area or

state.

(2) If a cost survey pursuant to recognized statistical and cost accounting practices has

been made for the trading area in which a violation of KRS 365.260 to 365.380 is

committed or charged to determine and establish on the basis of actual existing

conditions the lowest cost to wholesalers or the lowest cost to retailers within the

area, the cost survey shall be deemed competent evidence in any action or

proceeding under KRS 365.260 to 365.380 as tending to prove actual cost to the

wholesaler or actual cost to the retailer complained against. Any party against whom

any cost survey may be introduced in evidence shall have the right to offer evidence

tending to prove any inaccuracy of the cost survey or any facts which may impair its

probative value.
KRS § 319A.300 — KY Code / Title XXVI / Chapter 319A / Section 319A.300
319A.300 Duty of treating occupational therapist utilizing telehealth to ensure patient's informed consent and maintain confidentiality -- Board to promulgate administrative regulations -- Definition of "telehealth"
Status: in_force

319A.300 Duty of treating occupational therapist utilizing telehealth to ensure

patient's informed consent and maintain confidentiality -- Board to

promulgate administrative regulations -- Definition of "telehealth".

(1) A treating occupational therapist who provides or facilitates the use of telehealth

shall ensure:

(a) That the informed consent of the patient, or another appropriate person with

authority to make the health care treatment decision for the patient, is obtained

before services are provided through telehealth; and

(b) That the confidentiality of the patient's medical information is maintained as

required by this chapter and other applicable law. At a minimum,

confidentiality shall be maintained through appropriate processes, practices,

and technology as designated by the board and that conform to applicable

federal law.

(2) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section and as necessary to:

(a) Prevent abuse and fraud through the use of telehealth services;

(b) Prevent fee-splitting through the use of telehealth services; and

(c) Utilize telehealth in the provision of occupational therapy services and in the

provision of continuing education.

(3) For purposes of this section, "telehealth" means the use of interactive audio, video,

or other electronic media to deliver health care. It includes the use of electronic

media for diagnosis, consultation, treatment, transfer of health or medical data, and

continuing education.
KRS § 453.040 — KY Code / Title XLII / Chapter 453 / Section 453.040
453.040 Responsibility for payment
Status: in_force

453.040 Responsibility for payment.

(1) Except as provided by subsection (2):

(a) The successful party in any action shall recover his costs, unless otherwise

provided by law. If the plaintiff succeeds against part of the defendants, and

not against others, he shall recover his costs from the former, and the latter

shall recover their costs from the plaintiff.

(b) Successful defendants who are necessary nominal parties shall not recover

their costs, but each party shall be decreed to pay his own costs. Successful

defendants who are not necessary parties shall recover their costs.

(2) In actions between parceners, tenants in common or joint tenants, and in actions for

settling the distribution and division of deceased persons' estates, to settle

partnerships and to settle or enforce trusts, the court shall exercise a judicial

discretion in regard to costs.
KRS § 6.912 — KY Code / Title II / Chapter 6 / Section 6.912
6.912 Enforcement of committee subpoenas -- Penalty for failure to comply
Status: in_force

6.912 Enforcement of committee subpoenas -- Penalty for failure to comply.

(1) Any witness who fails to comply with a subpoena issued pursuant to KRS

6.910 may be fined by the committee an amount not to exceed one hundred

dollars ($100) per day, up to a maximum total fine of one thousand dollars

($1,000). The committee shall have the authority to enforce compliance with

subpoenas, including holding the noncompliant witness in contempt of the

General Assembly which includes any action that could be taken by a Circuit

Court to enforce compliance with a subpoena issued pursuant to the authority

of a Kentucky Court of Justice. Upon petition by the committee, any Circuit

Court within the jurisdiction of which any inquiry is being carried on or having

jurisdiction over the witness may, in case of refusal to obey a subpoena or

order of the committee, issue an order requiring compliance. Any failure to

obey the order of the court may be punished by the court as contempt thereof

in addition to any other duly authorized punishment.

(2) The Circuit Court shall render a final judgement within forty-five (45) days from

the date:

(a) When the petition was filed by the committee; or

(b) Of the commencement of any action or motion by any witness seeking to

quash or otherwise resist compliance with a subpoena issued by the

committee.
KRS § 532.130 — KY Code / Title L / Chapter 532 / Section 532.130
532.130 Definitions for KRS 532.135 and 532.140
Status: in_force

532.130 Definitions for KRS 532.135 and 532.140.

(1) An adult, or a minor under eighteen (18) years of age who may be tried as an adult,

convicted of a crime and subject to sentencing, is referred to in this section and

KRS 532.135 and 532.140 as a defendant.

(2) A defendant with significant subaverage intellectual functioning existing

concurrently with substantial deficits in adaptive behavior and manifested during

the developmental period is referred to in KRS 532.135 and 532.140 as a defendant

with a serious intellectual disability. "Significantly subaverage general intellectual

functioning" is defined as an intelligence quotient (I.Q.) of seventy (70) or below.

(3) A defendant is referred to in KRS 532.135 and 532.140 as a defendant with serious

mental illness if:

(a) At the time of the offense, he or she has active symptoms and a documented

history, including a diagnosis, of one (1) or more of the following mental

disorders using the most recent edition of the Diagnostic and Statistical

Manual of Mental Disorders published by the American Psychiatric

Association:

1. Schizophrenia;

2. Schizoaffective disorder;

3. Bipolar disorder; or

4. Delusional disorder; and

(b) The disorder is not manifested primarily by repeated criminal conduct or

attributable solely to the acute effects of the voluntary use of alcohol or other

drugs.

As used in this subsection, a documented history and diagnosis shall be from a

mental health professional as defined in KRS 645.020(7)(a) to (d).
KRS § 247.5081 — KY Code / Title XXI / Chapter 247 / Section 247.5081
247.5081 Ballots -- Canvass and declaration of result
Status: in_force

247.5081 Ballots -- Canvass and declaration of result.

The Commissioner of Agriculture shall prepare and distribute in advance of the

referendum all necessary ballots and shall arrange for the necessary poll holders for

conducting the referendum. Following the referendum and within ten (10) days thereafter,

the Commissioner shall canvass and publicly declare the result of the referendum.
KRS § 175B.075 — KY Code / Title XV / Chapter 175B / Section 175B.075
175B.075 Moneys received under chapter are trust funds -- Permitted investment of project revenue bond proceeds
Status: in_force

175B.075 Moneys received under chapter are trust funds -- Permitted investment

of project revenue bond proceeds.

(1) All moneys received under this chapter, whether as proceeds from the sale of

project revenue bonds or revenues, shall be trust funds to be held and applied solely

as provided in this chapter. The trust indenture or any other document authorizing

the issuance of project revenue bonds or the collection of any revenues shall provide

that any officer, bank, or trust company with which the moneys are deposited shall

act as trustee of the moneys and shall hold and apply them for the purposes outlined

in this chapter, subject to the provisions of this chapter and the proceedings or trust

indenture.

(2) The proceeds of project revenue bonds shall only be invested in direct obligations of

the United States of America and direct federal agency obligations or other similar

obligations to the extent that the full faith and credit of the United States of America

is pledged for the timely payment thereof. Direct obligations shall include money

market mutual funds that invest solely in the obligations referenced in this

subsection.
KRS § 12.460 — KY Code / Title III / Chapter 12 / Section 12.460
12.460 Persons with disabilities or members of their families to be included in membership of boards and committees affecting them -- Prohibition against discrimination
Status: in_force

12.460 Persons with disabilities or members of their families to be included in

membership of boards and committees affecting them -- Prohibition against

discrimination.

To ensure opportunities for participation by persons with disabilities and their families in

the development of policies, support, and services that affect them:

(1) Persons with one (1) or more disabilities, or members of their families, who receive

the services and support of an advisory board, committee, commission, task force,

or ad hoc committee of any executive cabinet or any of its subdivisions shall be

included in the membership of each of these advisory boards, committees,

commissions, task forces, or ad hoc committees.

(2) Persons with one (1) or more disabilities, or members of their families, shall be

included in the membership of local community-based agency governing boards

that receive funds directly or indirectly from any executive cabinet or any of its

subdivisions to provide services and support to persons with disabilities and their

families.

(3) Persons with one (1) or more disabilities, or members of their families, shall be

included in the membership of any advisory committee, board, or commission

funded or administered by any executive cabinet or any of its subdivisions whose

purpose is to establish criteria for services and support for persons with disabilities,

or to develop standards that govern these services and support.

(4) Persons with one (1) or more disabilities shall not be discriminated against and shall

be given an equal opportunity for membership on any other advisory board,

committee, commission, task force, or ad hoc committee consistent with and to the

extent required by the Federal Americans with Disabilities Act;

(5) The requirements of this section and KRS 12.465 shall only apply to an advisory

board, committee, commission, task force, or ad hoc committee that is created

specifically to develop or oversee policies or programs related to persons living

with a disability or their families, except that the provisions of subsection (4) of this

section shall apply.
KRS § 395.290 — KY Code / Title XXXIV / Chapter 395 / Section 395.290
395.290 Extent of liability of representative
Status: in_force

395.290 Extent of liability of representative.

No failure to plead or make defense and no plea or answer made by a personal

representative shall render him liable for more than the amount of assets that come to his

hands to be administered, but the judgment of the court shall render him liable only for

the amount of assets in his hands unadministered.
KRS § 454.190 — KY Code / Title XLII / Chapter 454 / Section 454.190
454.190 Commonwealth may prosecute remedy without bond
Status: in_force

454.190 Commonwealth may prosecute remedy without bond.

Unless otherwise expressly provided by law, no bond, obligation or security shall be

required of the Commonwealth or any of its agencies or officers acting for or in behalf of

the Commonwealth in order to prosecute any remedy in the courts of this state.
KRS § 73.080 — KY Code / Title IX / Chapter 73 / Section 73.080
73.080 Field notes
Status: in_force

73.080 Field notes.

The county surveyor shall append to the field notes of every survey the date of the survey

and the variations of the needle from the true meridian at the time of making the survey.
KRS § 342.420 — KY Code / Title XXVII / Chapter 342 / Section 342.420
342.420 Employee not to pay premium for compensation
Status: in_force

342.420 Employee not to pay premium for compensation.

No agreement by any employee to pay any portion of the insurance premium paid by his

employer shall be valid. No employer shall deduct any portion of such premium from the

wages or salary of any employee entitled to the benefits of this chapter.
KRS § 141.424 — KY Code / Title XI / Chapter 141 / Section 141.424
141.424 Biodiesel credit distribution for pass-through entities
Status: in_force

141.424 Biodiesel credit distribution for pass-through entities.

(1) In the case of a biodiesel producer, biodiesel blender, or renewable diesel producer

which is a pass-through entity not subject to tax under KRS 141.040, the amount of

approved credit shall be applied against the tax imposed by KRS 141.0401 at the

entity level, and shall also be distributed to each partner, member, shareholder, or

beneficiary based on the partner's, member's, shareholder's, or beneficiary's

distributive share of the income of the pass-through entity. Each biodiesel producer,

biodiesel blender, or renewable diesel producer shall notify the department

electronically of all partners, members, shareholders, or beneficiaries who may

claim any amount of the approved credit. Failure to provide information to the

department in a manner prescribed by administrative regulation may constitute the

forfeiture of available credits to all partners, members, shareholders, or beneficiaries

in the pass-through entity.

(2) An agricultural cooperative association organized under KRS Chapter 272 or 272A

may elect to apportion pro rata any amount of the approved credit among the

members of the association and, if a limited cooperative association, among patron

members only, on the basis of the quantity or value of business done with or for

such members for the taxable year. The agricultural cooperative association shall

notify the department electronically of all members who may claim any amount of

the approved credit if the election is made.
KRS § 218A.993 — KY Code / Title XVIII / Chapter 218A / Section 218A.993
218A.993 Penalty for chapter provisions without a specific penalty
Status: in_force

218A.993 Penalty for chapter provisions without a specific penalty.

Any person who violates any provision of this chapter for which a specific penalty is not

otherwise provided shall be guilty of a Class B misdemeanor.
KRS § 6.420 — KY Code / Title II / Chapter 6 / Section 6.420
6.420 Department of Kentucky State Police to provide certified officers to protect property, facilities, and meetings of General Assembly and Legislative Research Commission -- Briefings on security matters
Status: in_force

6.420 Department of Kentucky State Police to provide certified officers to protect

property, facilities, and meetings of General Assembly and Legislative

Research Commission -- Briefings on security matters.

The Department of Kentucky State Police shall provide certified officers for the

protection of the property, facilities, and the meetings of the General Assembly and the

Legislative Research Commission, including off-site protection, both during and between

sessions of the General Assembly, and shall render such additional security services as

may be required by the co-chairmen of the Legislative Research Commission.

Notwithstanding any other law to the contrary, the Department of Kentucky State Police

shall brief the leadership of the General Assembly and the Legislative Research

Commission on security matters relating to the Capitol campus when requested to do so.
KRS § 178.425 — KY Code / Title XV / Chapter 178 / Section 178.425
178.425 Applicability to dead-end passways
Status: in_force

178.425 Applicability to dead-end passways.

The provisions of KRS 178.405 to 178.425 do not apply to any private road, street, or

highway while it exists as a dead-end passway with less than four (4) platted lots or with

less than four (4) lots that are not platted. At the time such passway is no longer a dead-

end passway, the provisions of KRS 178.405 to 178.425 shall become applicable.
KRS § 189.337 — KY Code / Title XVI / Chapter 189 / Section 189.337
189.337 Traffic control signs, uniform standards to be prescribed -- Sign to conform -- Prohibited activities
Status: in_force

189.337 Traffic control signs, uniform standards to be prescribed -- Sign to

conform -- Prohibited activities.

(1) As used in this chapter, "official traffic control devices" shall mean all signs,

signals, markings, and devices placed or erected by authority of a public body or

official having jurisdiction, for the purpose of regulating, warning, or dividing

traffic.

(2) The Department of Highways shall promulgate and adopt a manual of standards and

specifications for a uniform system of official traffic control devices for use upon

all roads and streets open to public travel. The manual and its future revisions and

supplements shall be applicable to all roads and streets under the control of the

Department of Highways or any county or incorporated city.

(3) All traffic control devices installed on any road or street after the adoption of the

manual shall conform to the provisions thereof. Satisfactory operating traffic

devices in use on the date of the adoption of the manual may continue to be used;

however, if such devices are replaced or revised, they must be replaced or revised in

conformance with the provisions of the manual.

(4) No person shall place, maintain, or display on or in the view of any highway any

authorized sign, signal, marking, or device which resembles, purports to be, or is an

imitation of an official traffic control device or signal.

(5) A person shall not attempt to or in fact alter, twist, deface, injure, knock down, or

interfere with the effective operation of any official traffic control device or signal,

or any part thereof.
KRS § 45A.380 — KY Code / Title VI / Chapter 45A / Section 45A.380
45A.380 Noncompetitive negotiation
Status: in_force

45A.380 Noncompetitive negotiation.

A local public agency may contract or purchase through noncompetitive negotiation only

when a written determination is made that competition is not feasible and it is further

determined in writing by a designee of the local public agency that:

(1) An emergency exists which will cause public harm as a result of the delay in

competitive procedures;

(2) There is a single source within a reasonable geographical area of the product or

service to be procured;

(3) The contract is for the services of a licensed professional, such as attorney,

physician, psychiatrist, psychologist, certified public accountant, registered nurse, or

educational specialist; a technician such as a plumber, electrician, carpenter, or

mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided,

however, that this provision shall not apply to architects or engineers providing

construction management services rather than professional architect or engineer

services;

(4) The contract is for the purchase of perishable foods, such as meat, fish, poultry, egg

products, fresh vegetables, and fresh fruits;

(5) The contract is for replacement parts where the need cannot be reasonably

anticipated and stockpiling is not feasible;

(6) The contract is for proprietary items for resale;

(7) In school districts the contract relates to an enterprise in which the buying or selling

by students is a part of the educational experience;

(8) The contract or purchase is for expenditures made on authorized trips outside of the

boundaries of the local public agency;

(9) The contract is for the purchase of supplies which are sold at public auction or by

receiving sealed bids;

(10) The contract is for group life insurance, group health and accident insurance, group

professional liability insurance, worker's compensation insurance, and

unemployment insurance;

(11) The contract is for a sale of supplies at reduced prices that will afford a purchase at

savings to the local public agency; or

(12) The contract is with a private real estate developer and contains a requirement:

(a) That the developer increase the size or otherwise improve the collection

capacity of the sanitary sewer or storm water pipe serving the affected private

real estate development; and

(b) That the local public agency pay only the proportional cost of increasing the

size, or otherwise improving the collection capacity, of the sanitary sewer or

storm water pipe over the original collection capacity.