FrankGoortani/open-us-law huggingface dataset:
KRS § 403.668 — KY Code / Title XXXV / Chapter 403 / Section 403.668
403.668 Limits of privilege
Status: in_force

403.668 Limits of privilege.

(1) There is no privilege under KRS 403.664 for a collaborative law communication

that is:

(a) Available to the public under the Kentucky Open Records Act or made during

a session of a collaborative law process that is open, or is required by law to

be open, to the public;

(b) A threat or statement of a plan to inflict bodily injury or commit a crime of

violence;

(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or

conceal an ongoing crime or ongoing criminal activity; or

(d) In an agreement resulting from the collaborative law process, evidenced by a

record signed by all parties to the agreement.

(2) The privileges under KRS 403.664 for a collaborative law communication shall not

apply to the extent that a communication is sought or offered to prove or disprove:

(a) A claim or complaint of professional misconduct or malpractice arising from

or related to a collaborative law process; or

(b) Abuse, neglect, abandonment, or exploitation of a child or adult, unless the

Cabinet for Health and Family Services is a party to or otherwise participates

in the process.

(3) There shall be no privilege under KRS 403.664 if a court finds, after a hearing in

camera, that the party seeking discovery or the proponent of the evidence has

shown the evidence is not otherwise available, the need for the evidence

substantially outweighs the interest in protecting confidentiality, and the

collaborative law communication is sought or offered in:

(a) A court proceeding involving a felony; or

(b) A proceeding seeking rescission or reformation of a contract arising out of the

collaborative law process or in which a defense to avoid liability on the

contract is asserted.

(4) If a collaborative law communication is subject to an exception under subsection

(2) or (3) of this section, only the part of the communication necessary for the

application of the exception may be disclosed or admitted.

(5) Disclosure or admission of evidence excepted from the privilege under subsection

(2) or (3) of this section does not make the evidence or any other collaborative law

communication discoverable or admissible for any other purpose.

(6) The privileges under KRS 403.664 shall not apply if the parties agree in advance in

a signed record, or if a record of a proceeding reflects agreement by the parties, that

all or part of a collaborative law process is not privileged. This subsection shall not

apply to a collaborative law communication made by a person that did not receive

actual notice of the agreement before the communication was made.
KRS § 61.740 — KY Code / Title VIII / Chapter 61 / Section 61.740
61.740 Information required to be filed
Status: in_force

61.740 Information required to be filed.

(1) Persons required to file information under KRS 61.710 to 61.780 shall file with the

Registry of Election Finance the following:

(a) A description of each financial interest, direct or indirect, of a value of $1,000

or greater of himself, his spouse and his dependents, and his principal

employer. Exempted from this disclosure are interests in the form of accounts

in banks, savings and loan associations, and credit unions and equity interests

valued at less than $1,000.

(b) A list of every office, directorship or employment held by the subject

individual and by his spouse and dependents and his principal employer in any

entity regardless of the income received or equity held, excepting such

activities in political, religious or charitable entities if compensation of less

than $1,000 per year is received.

(c) A list of all entities to whom the subject individual and his principal employer

furnished compensated services valued at more than $1,000 during the period

covered by the report.

(2) The values of the interests required to be reported under this section need not be

disclosed. Any entity required to be reported under this section need not be

identified by name. Such entity may instead be identified by the principal types of

economic activities in which it engages, together with such additional detail, to be

prescribed by the registry, as will fairly indicate its interests. Where disclosure is

required because of legal services rendered to it, such entity may also be described

by the type of legal services rendered to it.
KRS § 387.280 — KY Code / Title XXXIII / Chapter 387 / Section 387.280
387.280 Handling amount of not more than $10,000 due to person under disability who has reached age of 18
Status: in_force

387.280 Handling amount of not more than $10,000 due to person under

disability who has reached age of 18.

(1) When a person under disability who has reached the age of eighteen (18),

having no guardian or conservator, is entitled to receive a sum not exceeding

ten thousand dollars ($10,000), exclusive of interest, in any action in which real

estate has been sold, or in the settlement of any estate, or from any other

source, the person having custody of the person under disability may settle or

compromise the dollar amount when in the interest of the person under

disability.

(2) The court in which the action is pending, or, if the sum does not derive from the

action, the District Court, may order the sum to be paid to the person having

custody of the person under disability. Before entering the order, the court shall

approve any settlement or compromise and shall be satisfied by affidavit or oral

testimony that the person under disability is in the custody of the person to

whom it is proposed to pay the money and the latter, upon withdrawal of the

money, shall be under obligation as trustee to expend it, for the support,

maintenance, or education of the person under disability.

(3) When the order is made, no bond shall be required of the person having

custody of the person under disability. If the sum due to the person under

disability is from the sale of real property, the purchaser of the real property

may pay the share of the person under disability into court, and no lien shall

remain on the property therefor. The money may be withdrawn by the person

mentioned in the order without that person giving bond.

(4) A release executed by the person to whom the court has ordered the sum paid

shall have the same effect as a release by a duly appointed guardian.
KRS § 212.620 — KY Code / Title XVIII / Chapter 212 / Section 212.620
212.620 Abatement of nuisances -- Enforcement of orders
Status: in_force

212.620 Abatement of nuisances -- Enforcement of orders.

(1) Whenever any such aforesaid nuisance, source of filth, or cause or probable cause

of sickness, shall be found by the board to exist on any private or public property

within such county, including the municipalities therein, in violation of said laws or

regulations, which said violation injuriously affects or may affect the health of the

residents of said county or section thereof, the board shall have the power and

authority to order in writing the owner or occupant or user thereof, by appropriate

action, at the expense of such owner, occupant or user, to correct and remove said

nuisance, source of filth, or cause or probable cause of sickness, within twenty-four

(24) hours or within such reasonable time as the board may order.

(2) In case of a failure on the part of any person, firm or corporation, or persons, firms

or corporations, to comply with any lawful order of the board, or with process, or in

case of the refusal of any witness to testify concerning any matter on which he may

be lawfully interrogated, the Circuit Court or a judge thereof, having jurisdiction in

such county, may, on application of the board or of any member thereof, compel

obedience by proceedings for contempt as in the case of disobedience of the

requirements of a subpoena issued from such a court, or a refusal to testify therein.
KRS § 78.852 — KY Code / Title IX / Chapter 78 / Section 78.852
78.852 Benefits not to be reduced or impaired for members who began participating before January 1, 2014 -- Exceptions -- Amendment of benefits and rights -- Employers' funding responsibility -- Authority of board when employer fails to meet funding requirements
Status: in_force

78.852 Benefits not to be reduced or impaired for members who began

participating before January 1, 2014 -- Exceptions -- Amendment of benefits

and rights -- Employers' funding responsibility -- Authority of board when

employer fails to meet funding requirements.

(1) For members who begin participating in the County Employees Retirement System

prior to January 1, 2014, it is hereby declared that in consideration of the

contributions by the members and in further consideration of benefits received by

the county from the member's employment, KRS 78.510 to 78.852 shall, except as

provided in KRS 6.696, constitute an inviolable contract of the Commonwealth, and

the benefits provided therein shall not be subject to reduction or impairment by

alteration, amendment, or repeal.

(2) (a) For members who begin participating in the County Employees Retirement

System on or after January 1, 2014, the General Assembly reserves the right

to amend, suspend, or reduce the benefits and rights provided under KRS

78.510 to 78.852 if, in its judgment, the welfare of the Commonwealth so

demands, except that the amount of benefits the member has accrued at the

time of amendment, suspension, or reduction shall not be affected.

(b) For purposes of this subsection, the amount of benefits the member has

accrued at the time of amendment, suspension, or reduction shall be limited to

the accumulated account balance the member has accrued at the time of

amendment, suspension, or reduction.

(c) The provisions of this subsection shall not be construed to limit the General

Assembly's authority to change any other benefit or right specified by KRS

78.510 to 78.852, except the benefits specified by paragraph (b) of this

subsection, for members who begin participating in the County Employees

Retirement System on or after January 1, 2014.

(3) The provisions of this section shall not be construed to limit the General Assembly's

authority to amend, reduce, or suspend the benefits and rights of members of the

County Employees Retirement System as provided by KRS 78.510 to 78.852 that

the General Assembly had the authority to amend, reduce, or suspend, prior to July

1, 2013.

(4) The responsibility for funding the provisions of KRS 78.510 to 78.852 shall be the

responsibility of the employers participating in the County Employees Retirement

System. For any employer failing to fund the requirements of KRS 78.510 to

78.852, the board shall have the full authority under the law to:

(a) Require the employer to involuntarily cease participating and pay all costs for

ceasing participation as provided by KRS 78.535; or

(b) Suspend benefit payments and refunds or to seek legal action as provided by

KRS 78.625 for any employer failing to fund the requirements of KRS 78.510

to 78.852.
KRS § 262.720 — KY Code / Title XXI / Chapter 262 / Section 262.720
262.720 Notice -- Parties -- Hearing -- Determination -- Proposed maximum budget
Status: in_force

262.720 Notice -- Parties -- Hearing -- Determination -- Proposed maximum

budget.

(1) Within thirty (30) days after such petition has been filed with the board of

supervisors, it shall cause due notice to be given as provided in KRS 262.010(4) of

the hearing upon the practicability and feasibility of creating such subdistrict. All

interested parties shall have the right to attend such hearing and be heard. If it shall

appear at the hearing that other lands should be included or that lands included in

the petition should be excluded, the board of supervisors may permit such inclusion

or exclusion, provided the land area involved still meets the requirements of KRS

262.705.

(2) If it appears upon the hearing that it may be desirable to include within the proposed

district, territory outside of the area within which due notice of the hearing has been

given, the hearing shall be adjourned and due notice of a further hearing shall be

given throughout the entire area considered for inclusion in the district and a further

hearing shall be held. After final hearing, if the board of supervisors determines,

upon the facts presented at the hearing and upon other available information, that

there is need, in the interest of the public health, safety and welfare for such a

district to function in the territory considered, it shall make and record the

determination and shall define, by metes and bounds, or by recognizable terrain

features and description, the boundaries of the watershed district.

(3) If the board determines after the hearing that it is not feasible for such district to

function in the territory considered, it shall make and record the determination and

shall deny the petition.

(4) If the board determines that there is a need for a conservancy district, the board of

supervisors shall establish a proposed maximum budget for the maintenance of the

proposed conservancy district, to be funded either by millage or flat rate sufficient

to meet the budget.
KRS § 27A.050 — KY Code / Title IV / Chapter 27A / Section 27A.050
27A.050 Administrative Office of the Courts -- Appointment of director -- Compensation -- Prohibition
Status: in_force

27A.050 Administrative Office of the Courts -- Appointment of director --

Compensation -- Prohibition.

The Administrative Office of the Courts is created to serve as the staff for the Chief

Justice in executing the policies and programs of the Court of Justice. The director of the

Administrative Office of the Courts, employees thereof, and administrative assistants of

the Chief Justice shall serve at the pleasure of the Chief Justice. Provided, however, the

director shall be appointed or reappointed at least every four (4) years with the advice and

consent of the Senate; but if the Senate is not in session when a term expires or a vacancy

occurs, the Chief Justice shall make the appointment to take effect at once, subject to the

approval of the Senate when convened. The salaries of the director, employees thereof,

and administrative assistants of the Chief Justice shall be fixed by order of the Chief

Justice and paid monthly or at such other periods as may be consonant with the policy

applicable to payment of salaries of state employees out of the State Treasury. While

holding their positions the director, employees of the office and administrative assistants

shall not practice law in any court of this Commonwealth.
KRS § 189.753 — KY Code / Title XVI / Chapter 189 / Section 189.753
189.753 Abandonment of motor vehicle on state highway -- Presumption -- Notification -- Removal
Status: in_force

189.753 Abandonment of motor vehicle on state highway -- Presumption --

Notification -- Removal.

(1) Any motor vehicle left upon the right-of-way of a state highway for three (3)

consecutive days shall be presumed an abandoned vehicle.

(2) The Department of Kentucky State Police shall locate abandoned vehicles on the

right-of-way of state highways. Upon determination that a vehicle is abandoned, and

notwithstanding the provisions of KRS 189.450, the Department of Kentucky State

Police may order any person engaged in the business of storing or towing motor

vehicles to remove the abandoned vehicle to a site chosen by the person. The

department shall determine, if possible, the ownership of the vehicle through the

abandoned vehicle's license plates, serial number, or other methods of determining

ownership. As soon as practicable, the owner shall be notified by mail, whether he

or she is a Kentucky resident or a resident of another state, that the abandoned

vehicle was illegally upon public property; the name and the address where the

storage facility is located; that removal of the vehicle from the storage facility will

involve payment of towing and storage charges; and that the vehicle may be sold

pursuant to provisions of KRS 376.275 if not claimed within sixty (60) days. A

notification shall not be required if ownership cannot be determined. In the event of

such sale, the state shall receive any proceeds after the satisfaction of all liens

placed on the vehicle.

(3) The commissioner of the Department of Kentucky State Police shall promulgate

administrative regulations pursuant to KRS Chapter 13A to carry out the provisions

of this section.
KRS § 314.414 — KY Code / Title XXVI / Chapter 314 / Section 314.414
314.414 Transfer Guidelines Work Group established as independent entity -- Objectives and scope of work group -- Members -- Board to promulgate administrative regulations to implement requirements developed by work group -- Work group's existence only temporary
Status: in_force

314.414 Transfer Guidelines Work Group established as independent entity --

Objectives and scope of work group -- Members -- Board to promulgate

administrative regulations to implement requirements developed by work

group -- Work group's existence only temporary.

The Transfer Guidelines Work Group is hereby established as an independent entity to

develop statewide requirements for licensed certified professional midwives and hospitals

which shall be based upon evidence in peer-reviewed medical literature and accepted best

practice standards, regarding the process of transfer of care from a licensed certified

professional midwife to a hospital. The scope of the Transfer Guidelines Work Group

shall include procedures that promote the safe and timely transfer of mothers or newborns

to facilities that can provide a higher level of care when needed, and to ensure the

complete and timely transmission of all necessary information required to satisfactorily

care for a mother or newborn requiring transfer. The work group shall select a chair from

among the members. The work group shall meet as necessary and submit the developed

statewide requirements agreed to unanimously by the work group to the board within one

(1) year of June 27, 2019. The board shall promulgate administrative regulations to

implement the requirements developed by the work group. The work group shall cease to

exist after the developed requirements have been submitted to the board unless the board

directs its continuance. The members of the work group shall not be paid or reimbursed

for travel or other expenses. The work group shall consist of the following members:

(1) Two (2) individuals to be appointed by the Kentucky Hospital Association;

(2) Three (3) individuals appointed by the Kentucky Chapter of the National

Association of Certified Professional Midwives;

(3) Two (2) individuals appointed by the Kentucky Medical Association who have

expertise in obstetrical or neonatal care;

(4) One (1) individual appointed by the Kentucky Home Birth Coalition; and

(5) One (1) member of the board who shall be a nonvoting, ex officio member and who

shall serve as the liaison between the work group chair and the board.
KRS § 56.465 — KY Code / Title VII / Chapter 56 / Section 56.465
56.465 Disposition of land in custody of state agency
Status: in_force

56.465 Disposition of land in custody of state agency.

In any case where the real property that is proposed to be sold pursuant to KRS 56.463 is

in the custody of a state agency, the cabinet may submit to such agency a general

description of the intended use of the land, along with such detailed information as the

agency may require, but the finding of the cabinet on the question of selling and

conveying the real property shall be final. Disposition shall be made in accordance with

KRS 45A.045.
KRS § 403.300 — KY Code / Title XXXV / Chapter 403 / Section 403.300
403.300 Investigation: court may order in custody proceedings -- Attorney to receive copy
Status: in_force

403.300 Investigation: court may order in custody proceedings -- Attorney to

receive copy.

(1) In contested custody proceedings, and in other custody proceedings if a parent or the

child's custodian so requests, the court may order an investigation and report

concerning custodial arrangements for the child. The investigation and report may

be made by the friend of the court or such other agency as the court may select.

(2) In preparing his report concerning a child, the investigator may consult any person

who may have information about the child and his potential custodial arrangements.

Upon order of the court, the investigator may refer the child to professional

personnel for diagnosis. The investigator may consult with and obtain information

from medical, psychiatric, or other expert persons who have served the child in the

past without obtaining the consent of the parent or the child's custodian; but the

child's consent must be obtained if he has reached the age of 16, unless the court

finds that he lacks mental capacity to consent. If the requirements of subsection (3)

are fulfilled, the investigator's report may be received in evidence at the hearing.

(3) The clerk shall mail the investigator's report to counsel and to any party not

represented by counsel at least 10 days prior to the hearing. The investigator shall

make available to counsel and to any party not represented by counsel the

investigator's file of underlying data, and reports, complete texts of diagnostic

reports made to the investigator pursuant to the provisions of subsection (2), and the

names and addresses of all persons whom the investigator has consulted. Any party

to the proceeding may call the investigator and any person whom he has consulted

for cross-examination. A party may not waive his right of cross-examination prior

to the hearing.
KRS § 334.180 — KY Code / Title XXVI / Chapter 334 / Section 334.180
334.180 Reinstatement of license -- Appeal from order refusing, suspending, or revoking license
Status: in_force

334.180 Reinstatement of license -- Appeal from order refusing, suspending, or

revoking license.

(1) A licensee whose license has been revoked may petition the board for reinstatement.

The board shall investigate the petition and may reinstate the license upon finding

that the individual has complied with any terms prescribed by the board and is again

able to engage in the practice of fitting hearing instruments.

(2) A licensee or applicant aggrieved by an order of the board refusing, suspending, or

revoking a license may within thirty (30) days after notice thereof appeal thereupon

to the Franklin Circuit Court. The appeal shall be determined by the court upon the

certified record and no new or additional evidence shall be heard or considered by

the court. Either party aggrieved by a final order entered by the court may appeal to

the Court of Appeals as in a civil action.