FrankGoortani/open-us-law huggingface dataset:
KRS § 189.560 — KY Code / Title XVI / Chapter 189 / Section 189.560
189.560 Railroad crossings -- Duties of motor vehicle operators and commercial drivers -- Railroad's liability for death or injury
Status: in_force

189.560 Railroad crossings -- Duties of motor vehicle operators and commercial

drivers -- Railroad's liability for death or injury.

(1) The operator of a vehicle shall stop and remain standing at a railroad grade crossing

when any of the following conditions exist:

(a) A visible electric or mechanical signal device warns of the immediate

approach of a railroad train or other on-track equipment;

(b) A crossing gate is lowered warning of the immediate approach or passage of a

railroad train or other on-track equipment;

(c) An approaching train or other on-track equipment is visible and in hazardous

proximity; or

(d) A human flagman signals the approach or passage of a train or other on-track

equipment.

(2) In addition to subsection (1) of this section, a person who holds or is required to

hold a CDL as defined in KRS 281A.010 and is driving a commercial motor vehicle

shall:

(a) Slow down and check that the railroad tracks are clear of an approaching train;

(b) Stop and remain standing at a railroad grade crossing if the railroad tracks are

not clear;

(c) Maintain sufficient space to drive completely through the railroad grade

crossing without stopping; and

(d) Negotiate a railroad grade crossing only with sufficient undercarriage

clearance.

(3) Whenever the tracks of any railroad or interurban railway over which trains or cars

are regularly operated cross a state maintained highway at grade, the cabinet may

designate that crossing as "unsafe," and no operator of any vehicle shall cross the

crossing without first bringing his vehicle to a full stop no closer than a marked stop

line or fifteen (15) feet, nor more than thirty (30) feet, from the nearest rail of the

tracks.

(4) At crossings designated "unsafe," the cabinet shall place and maintain on each side

of the tracks on the right side of the highway, at the marked stopping position, or, if

the stopping position is not marked, on the pavement not more than twenty-five (25)

feet in advance of the track, an octagonal shape sign of a type and size currently

approved for use by the cabinet bearing the word "Stop" in white letters not less

than ten (10) inches in height.

(5) The cabinet shall install the signs described in subsection (3) of this section, within

sixty (60) days after the crossing is designated unsafe.

(6) Subsections (3) to (5) of this section shall not apply to grade crossings at which

have been constructed and maintained gates, electric warning signals, or other

automatic audible signals, or which are protected by watchmen.

(7) The failure to observe subsections (3) to (6) of this section shall not change the

liability of any railroad or interurban railway in the trial of any civil case against the

railroad or interurban railway for death or injuries, to person or property.

(8) If subsection (7) of this section is declared unconstitutional, then subsections (3) to

(8) of this section shall be ineffective.
KRS § 45A.515 — KY Code / Title VI / Chapter 45A / Section 45A.515
45A.515 Discrimination against purchase of recycled materials prohibited
Status: in_force

45A.515 Discrimination against purchase of recycled materials prohibited.

(1) Prior to the issuance of an invitation for bid pursuant to KRS 45A.080 or a request

for proposal pursuant to KRS 45A.085, the Finance and Administration Cabinet, the

Legislative Research Commission, and the Administrative Office of the Courts on

behalf of their respective branches of state government shall review and revise

specifications for the purchase of goods, supplies, equipment, material, and printing

to:

(a) Eliminate specifications that explicitly or indirectly discriminate against

goods, supplies, equipment, material, and printing with recycled material

content; and

(b) Eliminate unnecessary specifications for goods, supplies, equipment, material,

and printing when less expensive alternative specifications may be substituted

without affecting the intended use of what is purchased.
KRS § 205.5632 — KY Code / Title XVII / Chapter 205 / Section 205.5632
205.5632 Prior authorization requirements -- Administrative regulations
Status: in_force

205.5632 Prior authorization requirements -- Administrative regulations.

(1) Upon initial coverage by the Kentucky Medicaid program, a new drug shall be

exempt from prior authorization unless:

(a) There has been a review of the drug and recommendation regarding prior

authorization by the Pharmacy and Therapeutics Advisory Committee as

provided under KRS 205.564 and a final determination regarding prior

authorization by the secretary of the Cabinet for Health and Family Services;

or

(b) The drug is in a specific class of drugs for which the Pharmacy and

Therapeutics Advisory Committee has recommended, and the secretary of

health and family services has determined, that all new drugs shall require

prior authorization upon initial availability, in which case the drug shall

require prior authorization and shall be scheduled for review by the Pharmacy

and Therapeutics Advisory Committee within seventy-five (75) days.

(2) The Cabinet for Health and Family Services shall promulgate an administrative

regulation in accordance with KRS Chapter 13A that describes the process by

which drugs under this section shall be determined to require prior authorization.
KRS § 142.105 — KY Code / Title XI / Chapter 142 / Section 142.105
142.105 Collection and remittance of CMRS prepaid service charges
Status: in_force

142.105 Collection and remittance of CMRS prepaid service charges.

(1) The department shall collect the CMRS prepaid service charge and remit the

revenues to the CMRS fund as provided in KRS 142.100 to 142.135.

(2) A retailer shall collect the CMRS prepaid service charge from consumers pursuant

to KRS 65.7634, and shall remit the amounts collected to the department on a

monthly basis, on or before the twentieth day of the next calendar month.

(3) The CMRS prepaid service charge collected by the retailer from any consumer

shall:

(a) Be deemed to be held in trust by the retailer for and on account of the

Commonwealth; and

(b) Constitute a debt of the retailer to the Commonwealth.
KRS § 177.081 — KY Code / Title XV / Chapter 177 / Section 177.081
177.081 Authority of Department of Highways to condemn land and materials -- Title to property -- Conclusiveness of official order -- Duty of department to clear and maintain property
Status: in_force

177.081 Authority of Department of Highways to condemn land and materials --

Title to property -- Conclusiveness of official order -- Duty of department to

clear and maintain property.

(1) The Commonwealth of Kentucky, Department of Highways, when it has, by official

order, designated the route, location, or relocation of a highway, limited access

highway, bridge, roadside park, borrow-pit, quarry, garage, or other property or

structure deemed necessary for the construction, reconstruction, or maintenance of

an adequate system of highways, may, if unable to contract or agree with the owner

or owners thereof, condemn the lands or material, or the use and occupancy of the

lands designated as necessary. All property acquired by the Commonwealth of

Kentucky, Department of Highways, shall be in fee simple whenever so specified in

the petition filed in the action. The official order of the Department of Highways

shall be conclusive of the public use of the condemned property and the

condemnor's decision as to the necessity for taking the property will not be

disturbed in the absence of fraud, bad faith, or abuse of discretion.

(2) Any property purchased or otherwise acquired by the Department of Highways for

the purpose of construction or reconstruction of a road, street, or highway shall be

cleared and maintained by the Department of Highways from the time of acquisition

until such property is no longer owned by the department.

(3) The proceedings for condemnation shall be as provided in the Eminent Domain Act

of Kentucky.
KRS § 336.230 — KY Code / Title XXVII / Chapter 336 / Section 336.230
336.230 Legislative declarations
Status: in_force

336.230 Legislative declarations.

The General Assembly finds and declares that:

(1) Professional employer organizations provide a valuable service to commerce and

the citizens of this Commonwealth by increasing the opportunities of employers to

develop cost-effective methods of satisfying their personnel requirements and

providing employees with access to certain employment benefits which might not

otherwise be available; and

(2) Professional employer organizations operating in this Commonwealth should be

properly recognized and regulated.
KRS § 365.370 — KY Code / Title XXIX / Chapter 365 / Section 365.370
365.370 Powers and duties of department -- Appeals
Status: in_force

365.370 Powers and duties of department -- Appeals.

(1) The department shall promulgate administrative regulations for the enforcement of

KRS 365.260 to 365.380 and may from time to time undertake and make or cause

to be made one (1) or more cost surveys for the state or trading area or areas as it

defines. When each survey is made by or approved by the department, it may use

the cost survey as provided in KRS 365.320(2) and 365.360(2).

(2) The department may, upon notice and after hearing, revoke or suspend any license

issued under KRS 138.195 and the administrative regulations of the department

promulgated thereunder, for failure of any person to comply with any provisions of

KRS 365.260 to 365.380 or any administrative regulation adopted thereunder.

(3) All of the powers vested in the commissioner and Department of Revenue by the

provisions of the cigarette tax law shall be available for the enforcement of KRS

365.260 to 365.380.

(4) Any person aggrieved by any decision, order, or finding of the Department of

Revenue, suspending or revoking any license, may appeal to the Board of Tax

Appeals pursuant to KRS 49.220.
KRS § 164.6945 — KY Code / Title XIII / Chapter 164 / Section 164.6945
164.6945 Compensation of student-athlete for use of name, image, or likeness -- Compensation from institution -- Agreements -- Restrictions
Status: in_force

164.6945 Compensation of student-athlete for use of name, image, or likeness --

Compensation from institution -- Agreements -- Restrictions.

(1) A student-athlete may receive compensation for the use of the athlete's name,

image, or likeness through a name, image, and likeness agreement with a third

party. Such compensation shall be consistent with the prevailing range of

compensation for the authorized use of the athlete's name, image, or likeness.

(2) A student-athlete may receive compensation from an institution or its affiliated

corporation, including but not limited to sharing revenue as permitted or required

by a legal settlement or applicable law, by entering into a written institutional

agreement with the institution or affiliated corporation. Such compensation may be

in exchange for the use of the student-athlete's name, image, or likeness,

institutional brand promotion, or other rights.

(3) An institution or affiliated corporation may designate, through contract, sublicense,

or other written agreement, a media rights holder or one (1) or more other third

parties with whom an institution's student-athletes may directly enter into NIL

agreements consistent with the prevailing range of compensation.

(4) A student-athlete shall not enter into an NIL agreement to receive compensation

from a third party relating to the endorsement or promotion of:

(a) Sports betting;

(b) A controlled substance;

(c) A substance the student-athlete's intercollegiate athletic association forbids

the athlete from using;

(d) Adult entertainment; or

(e) Products or services that would be illegal for the student-athlete to possess or

receive.
KRS § 151.727 — KY Code / Title XII / Chapter 151 / Section 151.727
151.727 Continuing study of water availability and needs of Kentucky River basin -- Biennial estimate on costs of water supply needs of Kentucky River basin
Status: in_force

151.727 Continuing study of water availability and needs of Kentucky River basin

-- Biennial estimate on costs of water supply needs of Kentucky River basin.

(1) The Kentucky River Authority shall undertake a continuing study of the water

available within the Kentucky River and the water needs within the Kentucky River

basin. The study shall focus on necessary capital construction to maintain or

increase water availability within the Kentucky River, including bringing existing

facilities up to acceptable standards or replacing existing facilities where required.

(2) The Kentucky River Authority shall on a biennial basis provide the General

Assembly with an estimate of the cost of maintaining or increasing the water

available within the Kentucky River in order to meet the water supply needs of the

citizens within the Kentucky River basin.
KRS § 391.315 — KY Code / Title XXXIV / Chapter 391 / Section 391.315
391.315 Right of survivorship
Status: in_force

391.315 Right of survivorship.

(1) (a) Sums remaining on deposit at the death of a party to a joint account belong to

the surviving party or parties to the account as against the estate of the

decedent unless there is clear and convincing written evidence of a different

intention at the time the account is created. If there are two or more surviving

parties their respective ownerships during lifetime shall be in proportion to

their previous ownership interests under KRS 391.310 augmented by an equal

share for each survivor of any interest the decedent may have owned in the

account immediately before his death; and the right of survivorship continues

between the surviving parties.

(b) In transferring or releasing joint account funds subsequent to the date of death

of one (1) or more of the named joint account holders, a financial institution

or other appropriate third party may rely conclusively on the form and terms

of the account to pay in accordance with paragraph (a) of this subsection. The

transfer or release of those joint account funds has no bearing on the actual

rights of ownership of the funds as between the surviving party or parties to

the account and the dower or curtesy interest of any surviving spouse. The

transfer or release by a financial institution or third party in accordance with

this section shall constitute a full release and discharge of the financial

institution or third party from all claims relating to ownership.

(2) If the account is a P.O.D. account, on death of the original payee or of the survivor

of two or more original payees, any sums remaining on deposit belong to the P.O.D.

payee or payees if surviving, or to the survivor of them if one or more die before the

original payee; if two or more P.O.D. payees survive, there is no right of

survivorship in event of death of a P.O.D. payee thereafter unless the terms of the

account or deposit agreement expressly provide for survivorship between them.

(3) If the account is a trust account, on death of the trustee or the survivor of two or

more trustees, any sums remaining on deposit belong to the person or persons

named as beneficiaries, if surviving, or to the survivor of them if one or more die

before the trustee, unless there is clear and convincing evidence of a contrary intent;

if two or more beneficiaries survive, there is no right of survivorship in event of

death of any beneficiary thereafter unless the terms of the account or deposit

agreement expressly provide for survivorship between them.

(4) In other cases, the death of any party to a multiple-party account has no effect on

beneficial ownership of the account other than to transfer the rights of the decedent

as part of his estate.

(5) A right of survivorship arising from the express terms of the account or under this

section, a beneficiary designation in a trust account, or a P.O.D. payee designation,

cannot be changed by will.
KRS § 411.310 — KY Code / Title XXXVI / Chapter 411 / Section 411.310
411.310 Presumptions in product liability actions
Status: in_force

411.310 Presumptions in product liability actions.

(1) In any product liability action, it shall be presumed, until rebutted by a

preponderance of the evidence to the contrary, that the subject product was not

defective if the injury, death or property damage occurred either more than five (5)

years after the date of sale to the first consumer or more than eight (8) years after

the date of manufacture.

(2) In any product liability action, it shall be presumed, until rebutted by a

preponderance of the evidence to the contrary, that the product was not defective if

the design, methods of manufacture, and testing conformed to the generally

recognized and prevailing standards or the state of the art in existence at the time

the design was prepared, and the product was manufactured.
KRS § 281.874 — KY Code / Title XXIV / Chapter 281 / Section 281.874
281.874 Freedom of choice for participants in human service delivery program -- Duties of broker
Status: in_force

281.874 Freedom of choice for participants in human service delivery program --

Duties of broker.

(1) Persons participating in the human service transportation delivery program that

have a level of eligibility that dictates they be transported under a Certificate Type

07 or 08 shall be ensured the freedom of personal choice in selecting either an

eligible subcontractor within the delivery area, or the broker for the area if the

broker also provides transportation services, to provide the person's transportation

services.

(2) A person expressing a personal preference under subsection (1) of this section shall

contact the broker to arrange transportation services, even if the person is requesting

an eligible subcontractor to provide the service. If a person does not express a

preference for whom that person wishes to transport the person under subsection (1)

of this section, the broker shall determine the eligible subcontractor to provide the

service. The broker may select himself or herself if the broker also provides

transportation services, however, the broker shall establish a system that fairly and

equitably distributes requests for transportation services in the delivery area among

the broker and all subcontractors certified to transport Certificate Type 07 or

Certificate Type 08.

(3) All brokers shall consider their ability to allow persons with an eligibility level that

dictates they be transported under a Certificate Type 02 to request the freedom of

personal choice in the selection of who will provide the person's transportation

services. A broker may offer freedom of choice to persons with a Certificate Type

02.
KRS § 164.6925 — KY Code / Title XIII / Chapter 164 / Section 164.6925
164.6925 Prohibited acts -- Authorization to pay certain expenses
Status: in_force

164.6925 Prohibited acts -- Authorization to pay certain expenses.

(1) Except as otherwise provided in subsection (3) of this section, an athlete agent, with

the intent to influence a student-athlete or, if the student-athlete is a minor, a parent

or guardian of the student-athlete to enter into an agency contract, may not take any

of the following actions or encourage any other individual to take or assist any other

individual in taking any of the following actions on behalf of the athlete agent:

(a) Give any materially false or misleading information or make a materially false

promise or representation;

(b) Furnish anything of value to a student-athlete before the student-athlete enters

into the agency contract; or

(c) Furnish anything of value to any individual other than the student-athlete or

another registered athlete agent.

(2) An athlete agent shall not intentionally do any of the following or encourage any

other individual to do any of the following on behalf of the agent:

(a) Initiate contact, directly or indirectly, with a student-athlete or, if the student-

athlete is a minor, a parent or guardian of the student-athlete, to recruit or

solicit the student-athlete, parent, or guardian to enter an agency contract

unless registered under KRS 164.6901 to 164.6935;

(b) Fail to create or retain or permit inspection of the records required to be

retained by KRS 164.6923;

(c) Fail to register when required by KRS 164.6907;

(d) Provide materially false or misleading information in an application for

registration or renewal of registration;

(e) Predate or postdate an agency contract; or

(f) Fail to notify a student-athlete or, if the student-athlete is a minor, a parent or

guardian of the student-athlete, before the student-athlete, parent, or guardian

signs or otherwise authenticates an agency contract for a particular sport that

the signing or authentication may make the student-athlete ineligible to

participate as a student-athlete in that sport.

(3) An athlete agent registered under KRS 164.6901 to 164.6935 who is certified as an

athlete agent in a particular sport by a national association that promotes or

regulates intercollegiate athletics and establishes eligibility standards for

participation by a student athlete in the sport may pay expenses incurred before the

signing of an agency contract by a student athlete, a family member of the student

athlete, and an individual who is a member of a class of individuals authorized to

receive payment for the expenses by the national association that certified the agent

if the expenses are:

(a) For the benefit of the athlete who is a member of a class of athletes authorized

to receive the benefit by the national association that certified the agent;

(b) Of a type authorized to be paid by a certified agent by the national association

that certified the agent; and

(c) For a purpose authorized by the national association that certified the agent.
KRS § 210.700 — KY Code / Title XVIII / Chapter 210 / Section 210.700
210.700 Short title
Status: in_force

210.700 Short title.

KRS 210.710 to 210.760 may be cited as the "Patient Liability Act of 1978."
KRS § 137.990 — KY Code / Title XI / Chapter 137 / Section 137.990
137.990 Penalties
Status: in_force

137.990 Penalties.

(1) (a) Any person who engages in any business or sells or offers to sell or has on

hand for the purpose of sale any article or exercises any privilege for which a

license is required or imposed by KRS 137.115 before procuring the license

and paying the tax shall be fined not less than twenty-five dollars ($25) nor

more than two hundred dollars ($200) for each offense, unless otherwise

specifically provided;

(b) Any county clerk who violates any of the provisions of KRS 137.115, or any

administrative regulation promulgated by the Department of Revenue

thereunder, shall be fined not less than fifty dollars ($50) nor more than one

thousand dollars ($1,000) for each offense; and

(c) Any person who makes a false statement in securing a license under KRS

137.115 shall be deemed guilty of a misdemeanor.

(2) (a) Any person who violates any provision of KRS 137.120 to 137.160 shall be

subject to the uniform civil penalties imposed pursuant to KRS 131.180; and

(b) Any person who violates any of the provisions of KRS 137.120 to 137.160

may be fined not less than one hundred dollars ($100) nor more than five

hundred dollars ($500) or imprisoned for not less than thirty (30) days nor

more than six (6) months, or both.

(3) Any person who violates any of the provisions of KRS 137.170 or 137.180 shall be

fined not more than one thousand dollars ($1,000) or imprisoned in the county jail

not more than thirty (30) days, or both so fined and imprisoned. If the offender is a

corporation, the principal officer or the officer or employee directly responsible for

the violation, or both, shall be punished as provided in this subsection.