FrankGoortani/open-us-law huggingface dataset:
KRS § 371.410 — KY Code / Title XXX / Chapter 371 / Section 371.410
371.410 Retainage that may be withheld -- Release of retainage -- Substantial completion
Status: in_force

371.410 Retainage that may be withheld -- Release of retainage -- Substantial

completion.

(1) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary,

until fifty percent (50%) of the construction project has been completed in

accordance with the contract, a contracting entity, contractor, or subcontractor may

withhold no more than ten percent (10%) retainage from the amount of any

undisputed payment due, and retainage held after fifty-one percent (51%) of the

construction project has been completed shall not be more than five percent (5%) of

the total contract amount.

(2) Within thirty (30) days after substantial completion of a construction project, the

contracting entity or contractor shall release the retainage less an amount equal to

two hundred percent (200%) of the contracting entity's reasonably estimated cost of

the balance of any contractor's or subcontractor's contractually obligated, yet

uncompleted, work remaining. The contracting entity's agent shall determine the

reasonably estimated cost due under this subsection. The contracting entity,

contractor, and any subcontractor with work yet to be completed shall mutually

agree with the schedule for completion of the work necessary for release of final

payment. Within fifteen (15) business days after the retainage has been released by

the contracting entity to the contractor, the contractor shall release to the

subcontractors their proportional shares of the retainage. For purposes of this

subsection, "substantial completion" is the point at which, as certified in writing by

the contracting entity, a project is at the level of completion, in strict compliance

with the contract, where:

(a) Necessary approval by public regulatory authorities has been given;

(b) The owner has received all required warranties and documentation; and

(c) The owner may enjoy beneficial use or occupancy and may use, operate, and

maintain the project in all respects, for its intended purpose.

Partial use or occupancy shall not necessarily result in the project being deemed

substantially complete and shall not be evidence of substantial completion.

(3) If a contracting entity, contractor, or subcontractor fails to pay retainage, if any,

pursuant to the terms of a contract or as required in this section, the contracting

entity, contractor, or subcontractor shall pay interest to the contractor or

subcontractor to whom payment was due, beginning on the first business day after

the payment was due, at the rate of twelve percent (12%) per annum.
KRS § 364.100 — KY Code / Title XXIX / Chapter 364 / Section 364.100
364.100 Defacing brand
Status: in_force

364.100 Defacing brand.

No person shall unlawfully cut out, cancel, obliterate or deface any brand recorded as

provided in KRS 364.070 and placed upon the timber of another.
KRS § 158.035 — KY Code / Title XIII / Chapter 158 / Section 158.035
158.035 Certificate of immunization
Status: in_force

158.035 Certificate of immunization.

Except as provided in KRS 214.036, no child shall be eligible to enroll as a student in any

public or private elementary or secondary school without first presenting a certificate

from a medical physician, osteopathic physician, or advanced practice registered nurse

licensed in any state. The certificate shall state that the child has been immunized against

diphtheria, tetanus, poliomyelitis, rubeola, and rubella in accordance with the provisions

of this section and KRS 214.010, 214.020, 214.032 to 214.036, and 214.990 and the

administrative regulations of the secretary for health and family services. The governing

body of private and public schools shall enforce the provisions of this section.
KRS § 65.8805 — KY Code / Title IX / Chapter 65 / Section 65.8805
65.8805 Definitions for KRS 65.8801 to 65.8839
Status: in_force

65.8805 Definitions for KRS 65.8801 to 65.8839.

As used in KRS 65.8801 to 65.8839, unless the context otherwise requires:

(1) "Local government" means any county, consolidated local government, urban-

county government, charter county government, unified local government, or city of

any class;

(2) "Code enforcement board" means an administrative body created and acting under

the authority of KRS 65.8801 to 65.8839;

(3) "Joint code enforcement board" means two (2) or more local governments that have

entered into an interlocal agreement in accordance with KRS 65.210 to 65.300 to

perform and enforce the duties of a code enforcement board as provided in KRS

65.8801 to 65.8839;

(4) "Code enforcement officer" means a city police officer, safety officer, citation

officer, county police officer, sheriff, deputy sheriff, university police officer,

airport police officer, or other public law enforcement officer with the authority to

issue a citation;

(5) "Ordinance" means an official action of a local government body, which is a

regulation of a general and permanent nature and enforceable as a local law and

shall include any provision of a code of ordinances adopted by a local government

which embodies all or part of an ordinance;

(6) "Imminent danger" means a condition which is likely to cause serious or life-

threatening injury or death at any time;

(7) "Abatement costs" means a local government's necessary and reasonable costs for

and associated with clearing, preventing unauthorized entry to, or demolishing all or

a portion of a structure or premises, or taking any other action with regard to a

structure or premises necessary to remedy a violation and to maintain and preserve

the public health, safety, and welfare in accordance with any local government

ordinance;

(8) "Final order" means any order:

(a) Issued by the code enforcement board in accordance with KRS 65.8828(4) or

(6);

(b) Issued by an assigned hearing officer in accordance with KRS 65.8829(7) and

that is not appealed to the code enforcement board as provided in KRS

65.8828(6);

(c) Created because a violator neither paid nor contested the citation within seven

(7) days as provided in KRS 65.8825(6); or

(d) Created because of a failure of a violator to appear at a hearing the violator

requested to contest the citation as provided in KRS 65.8828(1);

(9) "Owner" means a person, association, corporation, partnership, or other legal entity

having a legal or equitable title in real property; and

(10) "Premises" means a lot, plot, or parcel of land, including any structures upon it.
KRS § 218A.278 — KY Code / Title XVIII / Chapter 218A / Section 218A.278
218A.278 Pilot program to analyze outcomes and effectiveness of substance abuse treatment programs
Status: in_force

218A.278 Pilot program to analyze outcomes and effectiveness of substance

abuse treatment programs.

(1) For the purposes of this section:

(a) "Analyze" means to apply scientific and mathematical measures to

determine meaningful patterns and associations in data. "Analyze"

includes descriptive analysis to examine historical data, predictive

analysis to examine future probabilities and trends, and prescriptive

analysis to examine how future decisions may impact the population and

trends; and

(b) "Pilot program" means a program in a county or set of counties, or a

subset or subsets of the population, as designated by the Cabinet for

Health and Family Services and the Office of Drug Control Policy for

analyzing the effectiveness of substance abuse treatment services in

Kentucky.

(2) The general purpose of this section is to assist in the development of a pilot

program to analyze the outcomes and effectiveness of substance abuse

treatment programs in order to ensure that the Commonwealth is:

(a) Addressing appropriate risk and protective factors for substance abuse in

a defined population;

(b) Using approaches that have been shown to be effective;

(c) Intervening early at important stages and transitions;

(d) Intervening in appropriate settings and domains; and

(e) Managing programs effectively.

(3) Sources of data for the pilot program shall include, at a minimum, claims under

the Kentucky Department for Medicaid Services, the electronic monitoring

system for controlled substances established under KRS 218A.202, and the

Department of Workers' Claims within the Education and Labor Cabinet.

(4) As funds are available, the Cabinet for Health and Family Services and the

Office of Drug Control Policy shall initiate a pilot program to determine, collect,

and analyze performance measurement data for substance abuse treatment

services to determine practices that reduce frequency of relapse, provide better

outcomes for patients, hold patients accountable, and control health costs

related to substance abuse.

(5) By December 31, 2016, the Cabinet for Health and Family Services and the

Office of Drug Control Policy shall issue a joint report to the Legislative

Research Commission and the Office of the Governor that:

(a) Details the findings of the pilot program;

(b) Includes recommendations based on the pilot program's results for

optimizing substance abuse treatment services; and

(c) Includes recommendations for the continued application of analytics to

further augment Kentucky's approach to fighting substance abuse in the

future.
KRS § 65.8831 — KY Code / Title IX / Chapter 65 / Section 65.8831
65.8831 Appeals -- Final judgment
Status: in_force

65.8831 Appeals -- Final judgment.

(1) An appeal from any final order issued pursuant to KRS 65.8829(7)(c)2., or pursuant

to KRS 65.8828(4) or (6) may be made to the District Court of the county in which

the local government is located within thirty (30) days of the date the order is

issued. The appeal shall be initiated by the filing of a complaint and a copy of the

final order in the same manner as any civil action under the Rules of Civil

Procedure. The District Court shall review the final order de novo.

(2) A judgment of the District Court may be appealed to the Circuit Court in

accordance with the Rules of Civil Procedure.

(3) If no appeal from a final order is filed within the time period set forth in subsection

(1) of this section, the order shall be deemed final for all purposes.
KRS § 211.380 — KY Code / Title XVIII / Chapter 211 / Section 211.380
211.380 Permit for approved on-site sewage disposal system other than a septic tank
Status: in_force

211.380 Permit for approved on-site sewage disposal system other than a septic

tank.

If a proposed site fails to meet the criteria established by the cabinet for a septic tank

system, a permit shall be granted for an approved on-site sewage disposal system other

than a septic tank, including modified subsurface systems, mechanical systems, and any

other system appropriate to the individual characteristics of the site which will provide

sewage treatment that meets established water quality criteria and health standards.
KRS § 315.330 — KY Code / Title XXVI / Chapter 315 / Section 315.330
315.330 Seizure and forfeiture of illegal drug shipments
Status: in_force

315.330 Seizure and forfeiture of illegal drug shipments.

(1) Any drug which is ordered or shipped in violation of any provision of this chapter

or KRS Chapter 218A shall be considered as contraband and may be seized by any

peace officer or any employee of the Board of Pharmacy designated to enforce the

provisions of this chapter or KRS Chapter 218A.

(2) The officer, prior to seizing the drug, shall make a reasonable effort to determine:

(a) The person who ordered the drug;

(b) The pharmacy from which the drug was ordered;

(c) The shipper of the drug;

(d) The intended recipient of the drug; and

(e) Whether or not the shipment was legal.

(3) Unless the matter is the subject of a criminal prosecution, if, after thirty (30) days of

investigation, the officer seizing the drug cannot adequately determine the

information required by subsection (2) of this section, the drug that has been seized

shall be considered as abandoned and escheat to the Commonwealth.

(4) If a drug seized pursuant to this section is the subject of a criminal investigation, the

drug shall be retained as evidence and, if there is a conviction of any person or

pharmacy relating to the ordering or shipment of the drug, the drug shall be

forfeited to the Commonwealth. If the defendant is found not guilty or the charges

are dismissed with prejudice, the drug shall be returned to the defendant.

(5) Drugs which have been seized and which have been forfeited or abandoned and

escheat to the Commonwealth shall be destroyed.
KRS § 337.020 — KY Code / Title XXVII / Chapter 337 / Section 337.020
337.020 Time of payment of wages -- Exception
Status: in_force

337.020 Time of payment of wages -- Exception.

Every employer doing business in this state shall, as often as semimonthly, pay to each of

its employees all wages or salary earned to a day not more than eighteen (18) days prior to

the date of that payment. Any employee who is absent at the time fixed for payment, or

who, for any other reason, is not paid at that time, shall be paid thereafter at any time

upon six (6) days' demand. No employer subject to this section shall, by any means,

secure exemption from it. Every such employee shall have a right of action against any

such employer for the full amount of his wages due on each regular pay day. The

provisions of this section do not apply to those individuals defined in KRS

337.010(2)(a)2.
KRS § 351.103 — KY Code / Title XXVIII / Chapter 351 / Section 351.103
351.103 Eligibility of mining specialists to work as miners
Status: in_force

351.103 Eligibility of mining specialists to work as miners.

(1) All persons possessing valid certificates as mine inspectors, electrical

inspectors, mine safety instructors, assistant mine foreman, mine foreman,

shotfirer, and other mining specialties as established by the department, or

certified miner shall be eligible to work at any time as miners, provided they

fulfill the annual requirements for retraining and reeducation as provided in

KRS 351.106.

(2) Supervisory, clerical, and technically trained employees of the mine operator

whose work contributes only indirectly to mine operations shall not be required

to possess a miner's certificate of competency and qualification.
KRS § 273.193 — KY Code / Title XXIII / Chapter 273 / Section 273.193
273.193 Meetings of members
Status: in_force

273.193 Meetings of members.

(1) Meetings of members may be held at such place, either within or without this state,

as may be provided in the bylaws. In the absence of any such provision, all meetings

shall be held at the registered office of the corporation in this state.

(2) An annual meeting of the members shall be held at such time as may be provided in

the bylaws. Failure to hold the annual meeting at the designated time shall not work

a forfeiture or dissolution of the corporation.

(3) Special meetings of the members may be called by the president or by the board of

directors. Special meetings of the members may also be called by such other

officers or persons or number or proportion of members as may be provided in the

articles of incorporation or the bylaws. In the absence of a provision fixing the

number or proportion of members entitled to call a meeting, a special meeting of

members may be called by members having one-twentieth (1/20) of the votes

entitled to be cast at such meeting.
KRS § 417.070 — KY Code / Title XXXVII / Chapter 417 / Section 417.070
417.070 Appointment of arbitrators by court
Status: in_force

417.070 Appointment of arbitrators by court.

If the arbitration agreement provides a method of appointment of arbitrators, this method

shall be followed. In the absence thereof, or if the agreed method fails or for any reason

cannot be followed, or when an arbitrator appointed fails or is unable to act and his

successor has not been duly appointed, the court on application of a party shall appoint

one (1) or more arbitrators. An arbitrator so appointed has all the powers of one

specifically named in the agreement.
KRS § 164.505 — KY Code / Title XIII / Chapter 164 / Section 164.505
164.505 Exemption from matriculation or tuition fee of dependents, widow, or widower of members of the Armed Forces or of members of the National Guard killed while in service or having died as a result of service-connected disability
Status: in_force

164.505 Exemption from matriculation or tuition fee of dependents, widow, or

widower of members of the Armed Forces or of members of the National

Guard killed while in service or having died as a result of

service-connected disability.

(1) A person shall not be required to pay any matriculation or tuition fees upon

admission to any state-supported university, junior college, or vocational

training institution if the person's deceased parent or stepparent, or if the

person's deceased spouse if the person has not remarried, was a resident of

the Commonwealth of Kentucky upon joining the Kentucky National Guard or

upon entering military service and:

(a) Was killed while serving in state active duty, active duty for training, or

inactive duty training with the Kentucky National Guard, or while on active

duty in the Armed Forces of the United States, during a national

emergency, or wars declared by Congress, or actions of the United

Nations, or was killed by hostile fire while on active duty in the Armed

Forces of the United States or the Kentucky National Guard; or

(b) Died as a result of a service-connected disability acquired while serving in

state active duty, active duty for training, or inactive duty training with the

Kentucky National Guard or Reserve Component, or while on active duty

in the Armed Forces of the United States, during a national emergency, or

wars declared by Congress, or actions of the United Nations.

(2) In order to obtain the benefits conferred by subsection (1), the parent-child

relationship must be shown by birth certificate, adoption papers, marriage

certificate, or other documentary evidence. A stepchild must have been a

member of the veteran's household at the time of the veteran's death. The

spousal relationship must be shown by a marriage certificate or other

documentary evidence. The parent's or spouse's service and the cause of

death must be evidenced by certification from the records of the Kentucky

Department of Military Affairs or the United States Department of Veterans

Affairs Records, or the Department of Defense of the United States. In the

event one so admitted to a state-supported university, junior college, or

vocational training institution under the provisions of this section shall have

obtained a cash scholarship paid or payable to the institution, from whatever

source, the amount of the scholarship shall be applied to the credit of the

applicant in the payment of incidental expenses of attendance at the institution,

and any balance, if the terms of the scholarship permit, shall be returned to the

applicant.
KRS § 95A.290 — KY Code / Title IX / Chapter 95A / Section 95A.290
95A.290 Distribution of insufficient funds -- Exception
Status: in_force

95A.290 Distribution of insufficient funds -- Exception.

(1) If funds appropriated by the General Assembly and otherwise made available to the

fund are insufficient to provide the amount of money required by KRS 95A.250, the

commission shall make a uniform percentage reduction in the allotment of funds

available.

(2) The provisions of subsection (1) of this section shall not apply to amounts due the

Kentucky Community and Technical College System pursuant to KRS 95A.240.

(3) Funds appropriated by the General Assembly and unexpended by the commission at

the close of the fiscal year for which the funds were appropriated and otherwise

made available to this fund pursuant to KRS 42.190, 95A.220 and 136.392 shall not

lapse as provided by KRS 45.229, but shall be carried forward into the following

fiscal year, and shall be used solely for the purposes specified in KRS 95A.200 to

95A.300.
KRS § 95.540 — KY Code / Title IX / Chapter 95 / Section 95.540
95.540 Rules, applications -- Records -- Reports
Status: in_force

95.540 Rules, applications -- Records -- Reports.

(1) The board of trustees of the pension fund established under KRS 95.520 may make

all necessary rules for its government in the discharge of its duties, and shall hear

and decide all applications for benefits or pensions. Its decision on these

applications shall be conclusive, and not subject to revision or reversal, except by

the board. A record shall be kept of the meetings and proceedings of the board.

(2) The board of trustees of the pension fund shall make an annual report on the

condition of the pension fund to the city legislative body, at that body's last meeting

in August.
KRS § 135.990 — KY Code / Title XI / Chapter 135 / Section 135.990
135.990 Penalties
Status: in_force

135.990 Penalties.

(1) Except as provided in subsection (2) of this section, any officer who fails to perform

any duty required of him by KRS 135.030 shall be fined not less than fifty dollars

($50) nor more than one hundred dollars ($100) for each offense.

(2) Any officer who makes a false return on an execution issued pursuant to subsection

(1) of KRS 135.100 shall be fined twenty dollars ($20), upon notice and motion.

(3) Any person who violates subsection (3) of KRS 135.100 shall be fined not less than

five hundred dollars ($500).

(4) Any person who fails to do an act required, or does an act forbidden, by any

provision of this chapter for which no other penalty is provided shall be fined not

less than ten dollars ($10) nor more than five hundred dollars ($500).
KRS § 390.090 — KY Code / Title XXXIII / Chapter 390 / Section 390.090
390.090 Rules of classification
Status: in_force

390.090 Rules of classification.

(1) As used in this section, "adverse party" means a person with a substantial beneficial

interest in property which would be affected adversely by a powerholder's exercise

or nonexercise of a power of appointment in favor of the powerholder, the

powerholder's estate, a creditor of the powerholder, or a creditor of the

powerholder's estate.

(2) If a powerholder may exercise a power of appointment only with the consent or

joinder of an adverse party, the power is nongeneral.

(3) If the permissible appointees of a power of appointment are not defined and limited,

the power is exclusionary.