FrankGoortani/open-us-law huggingface dataset:
KRS § 387.860 — KY Code / Title XXXIII / Chapter 387 / Section 387.860
387.860 Definitions for KRS 387.855 to 387.910
Status: in_force

387.860 Definitions for KRS 387.855 to 387.910.

The following definitions apply with respect to KRS 387.855 to 387.910:

(1) "Special needs person" means a person who, by reason of his or her disability,

qualifies as a disabled individual under 42 U.S.C. sec. 1396p and whose

disability is the basis for the exemption from Medicaid or Supplemental Security

Income (SSI) transfer penalties, or both, either as an individual or as a special

needs trust beneficiary under 42 U.S.C. sec. 1396p;

(2) "Grantor" means an individual who is expressly empowered under 42 U.S.C.

sec. 1396p, or this chapter, to establish a special needs trust for a special

needs person, and thus qualifies as a grantor. Further, any individual with

standing to petition the court under KRS 387.865 may also serve as a grantor

of a special needs trust;

(3) "Special needs trust" means a trust described in 42 U.S.C. sec. 1396p(d)(4)(A)

or (C) which may receive assets of a special needs person or another person

on behalf of the special needs person;

(4) "The court," for the purposes of KRS 387.855 to 387.910, means:

(a) Where the special needs person has acquired, or will be acquiring, assets

which are the subject of any judicial proceedings, the court where such

proceedings had been brought, or where such proceedings are pending;

and

(b) In all other cases, in the District Court in the county where the special

needs person resides; and

(5) "Interested parties," for the purposes of this chapter, means:

(a) Any individual who would have standing to petition the court for

appointment as a legal guardian or conservator under this chapter;

(b) Any fiduciary of the special needs person, including but not limited to his

or her legal guardian, conservator, attorney-in-fact, or trustee whether

corporate or individual;

(c) If the special needs person is a ward of the state, the Protection and

Advocacy Division of the Department of Public Advocacy; and

(d) If there is, or is believed to be, a Medicare or Medicaid lien, or

subrogation rights with respect to the special needs person which have

not been fully satisfied or discharged at the time the petition is filed, then

the appropriate agency or other holder of such rights or claims.
KRS § 220.220 — KY Code / Title XVIII / Chapter 220 / Section 220.220
220.220 Board to prepare plan for improvements
Status: in_force

220.220 Board to prepare plan for improvements.

The board of directors shall cause to be prepared a plan for the improvements for which

the district was created. The plan shall include such maps, profiles, plans and other data

and descriptions as are necessary to set forth properly the location and character of the

work, with estimates of cost and of the property benefited, taken or damaged. In the

preparation of the plan, the board may recognize the necessity of future extensions and

enlargements that may result from enlargements of the area of the district, in order that

the district improvements may be designed to meet properly such increased demands.
KRS § 367.393 — KY Code / Title XXIX / Chapter 367 / Section 367.393
367.393 Certificates of deposit -- Renewal term and rate -- Violation and penalties
Status: in_force

367.393 Certificates of deposit -- Renewal term and rate -- Violation and penalties.

(1) As used in this section, "financial institution" means a bank, trust company, savings

and loan association, or credit union authorized by law to do business in this state.

(2) (a) A financial institution that issues a certificate of deposit that is subject to

automatic renewal at maturity shall, upon automatic renewal, renew the

certificate of deposit for a like term at the best available rate of interest as

posted at the issuing financial institution for similarly issued certificates of

like term.

(b) Any notice sent by the financial institution to the holder of a certificate of

deposit subject to automatic renewal prior to maturity which notifies the

holder of the holder's options upon renewal shall disclose that if the certificate

of deposit automatically renews it will be renewed for a like term at the best

available rate of interest as posted at the issuing financial institution for

similarly issued certificates of like term.

(3) (a) Any violation of this section shall be an unfair, false, misleading, and

deceptive act or practice in the conduct of trade or commerce in violation of

KRS 367.170.

(b) All of the remedies, powers, and duties provided for the Attorney General in

KRS 367.190 to 367.300, and all of the penalties provided in KRS 367.990,

pertaining to acts declared unlawful by KRS 367.170, shall apply to acts and

practices declared unlawful in this section.
KRS § 12.450 — KY Code / Title III / Chapter 12 / Section 12.450
12.450 Definition of "disability" for KRS 12.450 to 12.465
Status: in_force

12.450 Definition of "disability" for KRS 12.450 to 12.465.

As used in KRS 12.450 to 12.465, unless the context requires otherwise:

(1) "Disability" means, with respect to an individual:

(a) A physical or mental impairment that substantially limits one (1) or more of

the major life activities of the individual;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

(2) Persons with current or past controlled substance abuse or alcohol abuse problems

and persons excluded from coverage by the Americans with Disabilities Act of

1990 (Pub. L. No. 101-336) shall be excluded from the definition set out in

subsection (1) of this section.
KRS § 303.150 — KY Code / Title XXV / Chapter 303 / Section 303.150
303.150 Appointment of receiver -- Dissolution of association
Status: in_force

303.150 Appointment of receiver -- Dissolution of association.

(1) If, upon examination of a burial association by the commissioner or any person

designated by him to make the examination, it appears that the liabilities of the

association exceed its resources, and it cannot in a reasonable time, not more than

three (3) months from the date of the original default, pay its accrued indebtedness

in full, he shall report the facts to the Attorney General. The Attorney General shall,

upon the commissioner's report, apply to the Judge of the Franklin Circuit Court or

to the Judge of the Circuit Court of the county wherein the association is located for

an order closing the business of the association, and appointing a receiver for the

distribution of its assets among creditors. No final order shall be made until the

association has had ten (10) days' notice of the application and an opportunity to be

heard. Upon hearing the matter, the court may make any order which the interest of

the association and the public may require.

(2) When any burial association discontinues business, or when for any cause a

dissolution is decreed, or when for sixty (60) days any judgment remains

unsatisfied, the Circuit Judge in any county in which the association has transacted

business may appoint a receiver to distribute its assets among its policyholders for

any persons having claims against the association. The assets shall be applied first,

on accrued or natural claims or policies; second, on claims of any other kind or

character; third, in payment to policyholders of all dues paid in by them; and, if a

balance remains after payment of the above named claims, then that sum shall be

returned to the burial association.
KRS § 45A.070 — KY Code / Title VI / Chapter 45A / Section 45A.070
45A.070 Definitions for KRS 45A.070 to 45A.180
Status: in_force

45A.070 Definitions for KRS 45A.070 to 45A.180.

As used in KRS 45A.070 to 45A.180, unless the context in which they are used clearly

requires a different meaning:

(1) "Best value" means a procurement in which the decision is based on the primary

objective of meeting the specific business requirements and best interests of the

Commonwealth. These decisions shall be based on objective and quantifiable

criteria that shall include price and the reciprocal preference for a resident bidder

required under KRS 45A.494 that have been communicated to the offerors as set

forth in the invitation for bids.

(2) "Cost-reimbursement contract" means a contract under which the Commonwealth

reimburses the contractor for those contract costs, within a stated ceiling, which are

allowable and allocable in accordance with cost principles as provided in KRS

45A.215, and a fee, if any.

(3) "Established catalogue price" means the price included in the most current

catalogue, price list, schedule, or other form that:

(a) Is regularly maintained by the manufacturer or vendor of an item;

(b) Is either published or otherwise available for inspection by customers; and

(c) States prices at which sales are currently or were last made to a significant

number of buyers constituting the general buying public for that item.

(4) "Invitation for bids" means all documents, whether attached or incorporated by

reference, utilized for soliciting bids in accordance with the procedures set forth in

KRS 45A.080 of this code.

(5) "Request for proposals" means all documents, whether attached or incorporated by

reference, utilized for soliciting proposals in accordance with the procedures set

forth in KRS 45A.085, 45A.090, 45A.095, 45A.100, or 45A.180.

(6) "Responsible bidder or offeror" means a person who has the capability in all

respects to perform fully the contract requirements, and the integrity and reliability

which will assure good faith performance.

(7) "Responsive bidder" means a person who has submitted a bid under KRS 45A.080

which conforms in all material respects to the invitation for bids, so that all bidders

may stand on equal footing with respect to the method and timeliness of submission

and as to the substance of any resulting contract.

(8) "Reverse auction" means a real-time, structured bidding process, usually lasting less

than one (1) hour, and taking place at a previously scheduled time and Internet

location, during which multiple bidders, anonymous to each other, submit revised,

lower bids to provide the solicited good or leased space. "Reverse auction" does not

apply to construction projects, including but not limited to road, bridge, and

building projects.
KRS § 141.448 — KY Code / Title XI / Chapter 141 / Section 141.448
141.448 Designation of income tax refund to farms to food banks trust fund
Status: in_force

141.448 Designation of income tax refund to farms to food banks trust fund.

(1) Effective for taxable years beginning on or after January 1, 2013, 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 farms to food banks trust fund created under

KRS 247.985 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 farms to food banks trust fund and the purposes for which the

funds from the income tax checkoff may be used.

(4) The commissioner of the Department of Revenue shall, by July 1, 2014, and by July

1 of each year thereafter, transfer the funds designated by taxpayers under this

section to the farms to food banks trust fund created by KRS 247.985.
KRS § 217.920 — KY Code / Title XVIII / Chapter 217 / Section 217.920
217.920 Definitions for KRS 217.920 to 217.928
Status: in_force

217.920 Definitions for KRS 217.920 to 217.928.

As used in KRS 217.920 to 217.928, unless the context requires otherwise:

(1) "Cabinet" means the Cabinet for Health and Family Services;

(2) "Tanning device" means any equipment that emits radiation used for tanning of the

skin, such as a sun lamp, tanning booth, or tanning bed, and includes any

accompanying equipment, such as protective eyewear, timers, and handrails; and

(3) "Tanning facility" means any place where a tanning device is used for a fee,

membership dues, or other compensation.
KRS § 117A.080 — KY Code / Title X / Chapter 117A / Section 117A.080
117A.080 Transmission of ballot and balloting materials to covered voters -- Electronic transmission
Status: in_force

117A.080 Transmission of ballot and balloting materials to covered voters --

Electronic transmission.

(1) For an election described in KRS 117A.020, not later than forty-five (45) days

before the election or, if the forty-fifth day before the election is a weekend or

holiday, not later than the business day preceding the forty-fifth day, the election

official in each jurisdiction charged with distributing a ballot and balloting materials

shall transmit a ballot and balloting materials to all covered voters who by that date

submit a valid military-overseas ballot application.

(2) A covered voter who requests that a ballot and balloting materials be sent to the

voter by electronic transmission may choose facsimile transmission or the electronic

transmission system established under KRS 117A.030(4). The election official in

each jurisdiction charged with distributing a ballot and balloting materials shall

transmit the ballot and balloting materials to the voter using the means of

transmission chosen by the voter.

(3) If a ballot application from a covered voter arrives fewer than forty-five (45) days

before the election, the official charged with distributing a ballot and balloting

materials shall transmit them to the voter not later than three (3) business days after

the application arrives.
KRS § 205.6408 — KY Code / Title XVII / Chapter 205 / Section 205.6408
205.6408 Uses of excess disproportionate share taxes
Status: in_force

205.6408 Uses of excess disproportionate share taxes.

Beginning in state fiscal year 2020 and continuing thereafter, the qualifying hospital

disproportionate share percentage of the excess disproportionate share taxes shall be

transferred to the hospital Medicaid assessment fund and used for the state matching

dollars for the payments made under KRS 205.6406. The university hospital

disproportionate share percentage of the excess disproportionate share taxes shall be used

for the state matching dollars for supplemental payments to university hospitals or used

for state mental hospital reimbursement purposes, as applicable.
KRS § 351.186 — KY Code / Title XXVIII / Chapter 351 / Section 351.186
351.186 Workers' compensation premium -- Credit for certified drug-free workplace program at coal mine
Status: in_force

351.186 Workers' compensation premium -- Credit for certified drug-free

workplace program at coal mine.

(1) Any employer who is also a licensee that has implemented a drug-free workplace

program certified by the division shall be eligible to obtain a credit on the licensee's

premium for workers' compensation insurance.

(2) Each insurer authorized to write workers' compensation insurance policies shall

provide the credit on the workers' compensation premium to any employer who is

also a licensee for which the insurer has written a workers' compensation policy.

The credit on the workers' compensation premium shall not:

(a) Be available to those employers that are also licensees who do not maintain

their drug-free workplace program for the entire workers' compensation policy

period; or

(b) Apply to minimum premium policies.

(3) The Department of Insurance shall approve workers' compensation rating plans that

give a credit on the premium for a certified drug-free workplace so long as the

credit is actuarially sound. The credit shall be at least five percent (5%) unless the

Department of Insurance determines that five percent (5%) is actuarially unsound.

(4) The credit on the workers' compensation premium may be applied by the insurer at

the final audit.
KRS § 383.195 — KY Code / Title XXXII / Chapter 383 / Section 383.195
383.195 Termination of tenancy at will or by sufferance
Status: in_force

383.195 Termination of tenancy at will or by sufferance.

In those jurisdictions where the Uniform Residential Landlord and Tenant Act is not in

effect, a tenancy at will or by sufferance may be terminated by the landlord giving one (1)

month's notice, in writing, to the tenant requiring him to remove.
KRS § 16.555 — KY Code / Title III / Chapter 16 / Section 16.555
16.555 Assets of the system -- Accounts
Status: in_force

16.555 Assets of the system -- Accounts.

All the assets of the system shall be held and invested in the State Police

Retirement Fund and credited, according to the purpose for which they are held, to

one (1) of three (3) accounts: the "members' account," the "retirement allowance

account," and accounts established pursuant to 26 U.S.C. sec. 401(h) within the

funds established in KRS 16.510 and 61.515, as prescribed by KRS 61.702(3)(b).
KRS § 336.070 — KY Code / Title XXVII / Chapter 336 / Section 336.070
336.070 Investigation of working conditions
Status: in_force

336.070 Investigation of working conditions.

The cabinet shall make investigations, collect and compile statistics and report on the

conditions of industries, labor and unemployment, and upon all matters relating to

employer-employee relations and working conditions. Complete permanent records shall

be made of all investigations, showing date of examination, condition in which the

establishment was found, and changes ordered.
KRS § 160.482 — KY Code / Title XIII / Chapter 160 / Section 160.482
160.482 Occupational license, policy (counties of 300,000)
Status: in_force

160.482 Occupational license, policy (counties of 300,000).

To help provide for an efficient system of common schools in any county having three

hundred thousand (300,000) or more inhabitants, the General Assembly delegates to the

fiscal courts and boards of education of any such county the powers and duties set forth in

KRS 160.482 to 160.488. The General Assembly finds and declares that in any such

county there are besetting public education special problems which can best be solved

pursuant to KRS 160.482 to 160.488. Furthermore, the General Assembly declares that

the public policy of the Commonwealth is not offended but is best served by the authority

of KRS 160.482 to 160.488 for the imposition, payment, and collection of license fees on

businesses, trades, occupations, and professions over and above license fees that may

already be imposed thereon.
KRS § 530.060 — KY Code / Title L / Chapter 530 / Section 530.060
530.060 Endangering welfare of minor
Status: in_force

530.060 Endangering welfare of minor.

(1) A parent, guardian or other person legally charged with the care or custody of a

minor is guilty of endangering the welfare of a minor when he fails or refuses to

exercise reasonable diligence in the control of such child to prevent him from

becoming a neglected, dependent or delinquent child.

(2) Endangering the welfare of a minor is a Class A misdemeanor.
KRS § 161.115 — KY Code / Title XIII / Chapter 161 / Section 161.115
161.115 Deletion of certificate, certificate endorsement, or subject specialization from official certification record at holder's option -- Restoration of deleted areas of certification
Status: in_force

161.115 Deletion of certificate, certificate endorsement, or subject specialization

from official certification record at holder's option -- Restoration of deleted

areas of certification.

The holder of any type of Kentucky teacher certification issued by the Education

Professional Standards Board may, at the holder's option, have any certificate, certificate

endorsement, or subject specialization deleted from the official certification record upon

application, subject to the following provisions:

(1) The application shall be submitted to the Education Professional Standards Board

on a form furnished by the board. The form shall include the information required

by this section and the applicant shall verify the information by affidavit. The

application shall be submitted between September 1 and December 1 and shall

become effective on the following July 1. If the requirements of this section are

satisfied, the Education Professional Standards Board shall notify the applicant and

the applicant's employing school or school district on or before February 1

following submission of the application, that the decertification has been approved.

(2) No portion of the certification shall be deleted for any subject or assignment in

which the teacher has had experience during the three (3) year period preceding the

request in an amount equivalent to one (1) year of full-time employment (140 days)

during which at least one (1) period per day was in the subject or assignment

corresponding to the portion of the certification requested for deletion.

(3) If the certification for classroom teaching at the secondary level is to be retained, at

least one (1) teaching major or one (1) area of concentration shall be retained.

(4) A certificate which is a prerequisite or a concurrent requirement to the issuance of

another certificate or certificate endorsement held by the applicant shall be retained.

(5) Applications for restoration of areas of certification deleted under this section shall

be submitted to the Education Professional Standards Board showing restored

competency and proficiency by completion of twelve (12) semester hours of credit

pertinent to the deleted areas as prescribed by an institution approved for teacher

education. A transcript or other appropriate verification of completion of the twelve

(12) semester hours of credit from the institution approved for teacher education

shall be accepted as evidence showing restoration of competency and proficiency in

the areas of certification.
KRS § 45.450 — KY Code / Title VI / Chapter 45 / Section 45.450
45.450 Purchase price to be set out in bill of sale or deed
Status: in_force

45.450 Purchase price to be set out in bill of sale or deed.

Where title to any property or any interest therein is transferred, for monetary or other

consideration, by or to the Commonwealth of Kentucky by deed, bill of sale, or

otherwise, the purchase price or other consideration shall be set out in full on the face of

the deed, bill of sale, or other instrument.
KRS § 436.008 — KY Code / Title XL / Chapter 436 / Section 436.008
436.008 Construction of KRS 436.001 to 436.009
Status: in_force

436.008 Construction of KRS 436.001 to 436.009.

(1) Nothing in KRS 436.001 to 436.009 shall be construed to impose liability on:

(a) An internet service provider, or its affiliates or subsidiaries;

(b) A general purpose search engine; or

(c) A cloud service provider;

when acting in its capacity as a provider of those services to the extent the provider

is not responsible for the creation of the content of the communication that

constitutes matter harmful to minors.

(2) Nothing in KRS 436.001 to 436.009 shall be construed to limit or bar any cause of

action or preclude the imposition of sanctions or penalties, including criminal

penalties, that would otherwise be available under state or federal law.

(3) Compliance with KRS 436.001 to 436.009 shall not excuse any person from any

other legal duties or preclude any person from any other legal remedies.

(4) KRS 436.001 to 436.009 shall not subject a covered platform to any cause of action

or liability to the extent it is protected from causes of action or liability by federal

law, including but not limited to 47 U.S.C. sec. 230.

(5) The provisions of KRS 436.001 to 436.009 shall not apply in cases to the extent the

provisions would violate the Commerce Clause of the Constitution of the United

States.