FrankGoortani/open-us-law huggingface dataset:
KRS § 148.870 — KY Code / Title XII / Chapter 148 / Section 148.870
148.870 Legislative recognition and purpose
Status: in_force

148.870 Legislative recognition and purpose.

(1) The General Assembly recognizes that the ridge top of Pine Mountain is a unique

area desirable for the creation of a trail. Therefore, it is hereby declared that in order

to afford the citizens of the Commonwealth an opportunity to enjoy this natural

area, to attract out-of-state visitors, to ensure the well-being of our tourism industry,

to preserve for future generations the beauty of certain areas untrammeled by man,

to provide for the ever-increasing outdoor recreation needs of an expanding

population, and to promote the preservation of, public access to, travel within, and

enjoyment and appreciation of the outdoor areas and historic resources of the

Commonwealth, there is hereby established a certain defined area in the

southeastern part of the Commonwealth for ultimate designation as the Pine

Mountain State Scenic Trail, with land in the defined area owned or leased by the

Commonwealth or on which the Commonwealth has obtained an easement

comprising the initial state park.

(2) It is the intent of KRS 148.870 to 148.892 to assure preservation of the scenic,

ecological, and other values within the boundaries of the trail and to provide proper

management of the recreational, wildlife, water, and other resources within those

boundaries. It is further the intent of KRS 148.870 to 148.892 to impose reasonable

policies governing the use of land within the authorized boundaries of the trail,

except for the restrictions set forth in KRS 148.870 to 148.892, for the general

welfare of the people of the Commonwealth and, where necessary, to enable the

Commonwealth or any of its agencies to acquire fee title or lesser interests in land

within the boundaries of the trail, in order to maintain the public trust in this unique

area.

(3) The General Assembly recognizes the valuable contributions that volunteers and

private, nonprofit groups have made to the development and maintenance of trails

throughout the Commonwealth. In recognition of these contributions, it is further

the purpose of KRS 148.870 to 148.892 to encourage and assist volunteer citizen

and nonprofit group involvement in the planning, development, maintenance, and

management, where appropriate, of the trail.

(4) The General Assembly recognizes that the establishment of Pine Mountain State

Scenic Trail is not intended to create a one hundred twenty (120) mile linear barrier

around southeastern Kentucky. The General Assembly further recognizes that to

ensure the continued economic development of the area, provisions shall be made

for means of ingress and egress for owners of property and those with property

rights affected by the creation of the trail, and for new road construction, utility

facilities, and pipelines that may cross the trail.
KRS § 390.260 — KY Code / Title XXXIII / Chapter 390 / Section 390.260
390.260 Authority to release
Status: in_force

390.260 Authority to release.

A powerholder may release a power of appointment, in whole or in part, except to the

extent the terms of the instrument creating the power prevent the release.
KRS § 387.840 — KY Code / Title XXXIII / Chapter 387 / Section 387.840
387.840 Transfer of guardianship or conservatorship to another state
Status: in_force

387.840 Transfer of guardianship or conservatorship to another state.

(1) A guardian or conservator appointed in this state may petition the court to transfer

the guardianship or conservatorship to another state.

(2) Notice of a petition under subsection (1) of this section shall be given to the persons

that would be entitled to notice of a petition in this state for the appointment of a

guardian or conservator.

(3) On the court's own motion or on request of the guardian or conservator, the

incapacitated or protected person, or other person required to be notified of the

petition, the court shall hold a hearing on a petition filed pursuant to subsection (1)

of this section.

(4) The court shall issue an order provisionally granting a petition to transfer a

guardianship and shall direct the guardian to petition for guardianship in the other

state if the court is satisfied that the guardianship will be accepted by the court in

the other state and the court finds that:

(a) The incapacitated person is physically present in or is reasonably expected to

move permanently to the other state;

(b) An objection to the transfer has not been made or, if an objection has been

made, the objector has not established that the transfer would be contrary to

the interests of the incapacitated person; and

(c) Plans for care and services for the incapacitated person in the other state are

reasonable and sufficient.

(5) The court shall issue a provisional order granting a petition to transfer a

conservatorship and shall direct the conservator to petition for conservatorship in

the other state if the court is satisfied that the conservatorship will be accepted by

the court of the other state and the court finds that:

(a) The protected person is physically present in or is reasonably expected to

move permanently to the other state, or the protected person has a significant

connection to the other state considering the factors in KRS 387.822(2);

(b) An objection to the transfer has not been made or, if an objection has been

made, the objector has not established that the transfer would be contrary to

the interests of the protected person; and

(c) Adequate arrangements will be made for management of the protected

person's property.

(6) The court shall issue a final order confirming the transfer and terminating the

guardianship or conservatorship upon its receipt of:

(a) A provisional order accepting the proceeding from the court to which the

proceeding is to be transferred which is issued under provisions similar to

KRS 387.842; and

(b) The documents required to terminate a guardianship or conservatorship in this

state.
KRS § 200.090 — KY Code / Title XVII / Chapter 200 / Section 200.090
200.090 Children entitled to benefits
Status: in_force

200.090 Children entitled to benefits.

All physically disabled, delinquent, neglected, dependent, mentally ill, or mentally

disabled children, under eighteen (18) years of age, shall be included within the

provisions of KRS 200.080 to 200.120, except children who are physically disabled in a

way that prevents normal motion of limbs or body, solely and permanently blind, or

solely and permanently deaf. The provisions of KRS 200.080 to 200.120 shall not apply

to children whose specific disability or condition has already been provided for through

an existing agency.
KRS § 171.260 — KY Code / Title XIV / Chapter 171 / Section 171.260
171.260 Certificate required
Status: in_force

171.260 Certificate required.

No library coming under the provisions of KRS 171.230 to 171.306 shall have in its

employ, in the position of librarian, or in any other full-time library service position, a

person who does not hold an appropriate certificate of librarianship issued by the board.
KRS § 234.250 — KY Code / Title XIX / Chapter 234 / Section 234.250
234.250 Prohibited use of tanks having common outlet on manifold
Status: in_force

234.250 Prohibited use of tanks having common outlet on manifold.

In the event that compartments of a tank vehicle are connected to a common outlet or

manifold, no compartment so connected shall contain Class A liquids while any other

compartment so connected contains Class B liquids.
KRS § 205.1781 — KY Code / Title XVII / Chapter 205 / Section 205.1781
205.1781 Legislative findings
Status: in_force

205.1781 Legislative findings.

(1) The General Assembly hereby affirms the mission of the Supplemental Nutrition

Assistance Program, formerly known as the federal food stamp program, to

supplement the food budgets of needy families so that they can purchase healthy

food and move toward self-sufficiency. To that end, the General Assembly

recommends that Supplemental Nutrition Assistance Program beneficiaries use their

monthly benefits to purchase healthy foods.

(2) The cabinet shall coordinate with the Department of Agriculture to provide support

to expand access by Supplemental Nutrition Assistance Program beneficiaries to

farmers' markets across the Commonwealth.
KRS § 158.782 — KY Code / Title XIII / Chapter 158 / Section 158.782
158.782 Monitoring and review of turnaround plan -- Skilled assistance
Status: in_force

158.782 Monitoring and review of turnaround plan -- Skilled assistance.

(1) To align with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or

its successor, the Kentucky Department of Education shall promulgate

administrative regulations establishing the monitoring and periodic review of

the implementation of a local school district's turnaround plan for a school

identified for comprehensive support and improvement described in KRS

160.346. The monitoring and review process shall be limited to performing an

annual review of the school's state assessment data and measures of school

quality, periodic site visits, observation, and interviews of representative

stakeholders and students.

(2) Schools and districts receiving highly skilled assistance from the Kentucky

Department of Education prior to April 10, 2017, shall continue to receive

assistance in accordance with the established assistance plan.
KRS § 181.620 — KY Code / Title XV / Chapter 181 / Section 181.620
181.620 Condemnation of property
Status: in_force

181.620 Condemnation of property.

(1) Whenever a reasonable price cannot be agreed upon, the commission may condemn

any property necessary or convenient for the improvement or the efficient operation

of any property acquired or constructed under KRS 181.560 to 181.840, or for the

purpose of constructing any bridge or portion of bridge, or for securing a right-of-

way leading to the bridge or its approaches, in the manner provided in the Eminent

Domain Act of Kentucky.

(2) The commission may also exercise in Kentucky and adjoining states such powers of

eminent domain as are conferred upon the city or commission by any Act of

Congress.

(3) Title to any property condemned by the commission shall be taken in the name of

the city. The city shall be under no obligation to accept and pay for any property

condemned, or any costs incidental to any condemnation proceedings, and shall in

no event pay for property condemned or the cost of the proceedings except from the

funds received under the provisions of KRS 181.560 to 181.840.

(4) The court having jurisdiction of the condemnation proceedings may make such

orders as may be just to the city and to the owners of the property to be condemned,

and may require a bond or other security to secure the owners against any loss or

damage to be sustained by reason of the failure of the city to accept and pay for the

property. The bond or security shall impose no liability upon the city, except such as

may be paid from the funds received under KRS 181.560 to 181.840.
KRS § 528.030 — KY Code / Title L / Chapter 528 / Section 528.030
528.030 Promoting gambling in the second degree
Status: in_force

528.030 Promoting gambling in the second degree.

(1) A person is guilty of promoting gambling in the second degree when he knowingly

advances or profits from unlawful gambling activity.

(2) Promoting gambling in the second degree is a Class A misdemeanor.
KRS § 635.025 — KY Code / Title LI / Chapter 635 / Section 635.025
635.025 Transfer of a youth to an adult facility by sentencing Circuit Court -- Hearing
Status: in_force

635.025 Transfer of a youth to an adult facility by sentencing Circuit Court --

Hearing.

(1) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court

may, after notice and hearing, order a youth, transferred under KRS 635.020(4),

committed to an adult facility operated by the Department of Corrections if it is

established by a preponderance of the evidence that the juvenile:

(a) By his or her violent behavior, injured or endangered the life or health of

another youthful offender or staff members in the facility or program;

(b) Escaped from the facility or program from which the juvenile is being held;

(c) By his or her actions, caused disruption in the facility or program by

encouraging other residents to engage in violent behavior which has injured or

endangered the life or health of other residents or staff of the facility or

program;

(d) By his or her actions, caused disruption in the facility or program, smuggled

contraband into the facility or program, caused contraband to be smuggled

into the facility or program, or engaged in other types of behavior which have

endangered the life or health of other residents or staff of the facility or

program; or

(e) By his or her actions has established a pattern of disruptive behavior not

conducive to the established policies and procedures of the program.

(2) The hearing described in subsection (1) of this section shall be held in the

sentencing Circuit Court within ten (10) days of the filing of the motion provided

for in subsection (1) of this section.

(3) Upon a youth's admission to a facility or program operated by the Department of

Juvenile Justice, the department shall advise that youth of the provisions of this

section.

(4) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court

may, after notice and hearing, order a youth committed to the Department of

Corrections, if the Department of Juvenile Justice establishes by a preponderance of

the evidence that the youth is mentally ill, dangerous to himself or others, and

cannot be adequately treated in the program. The court shall presume that a youth is

mentally ill if the youth has pled guilty to, or has been convicted of, a felony and

has been found by the court or jury to be guilty but mentally ill.

(5) Any youth remanded to the Department of Corrections under any provision of this

chapter shall not later be placed in a facility operated by the Department of Juvenile

Justice.
KRS § 92.340 — KY Code / Title IX / Chapter 92 / Section 92.340
92.340 Liability of city of home rule class for violation of KRS 92.330 or 91A.030(13) -- Remedies
Status: in_force

92.340 Liability of city of home rule class for violation of KRS 92.330 or

91A.030(13) -- Remedies.

If, in any city of the home rule class, any city tax revenue is expended for a purpose other

than that for which the tax was levied or the license fee imposed, each officer, agent or

employee who, by a refusal to act, could have prevented the expenditure, and the

members of the city legislative body who voted for the expenditure, shall be jointly and

severally liable to the city for the amount so expended. The amount may be recovered of

them in an action upon their bonds, or personally. The city attorney shall prosecute to

recovery all such actions. If he fails to do so for six (6) months after the money has been

expended, any taxpayer may prosecute such action for the use and benefit of the city. A

recovery under this subsection shall not bar a criminal prosecution. Any indebtedness

contracted by a city of the home rule class in violation of this subsection or of KRS

92.330 or 91A.030(13) shall be void, the contract shall not be enforceable by the person

with whom made, the city shall never assume the same, and money paid under any such

contract may be recovered back by the city.
KRS § 81A.060 — KY Code / Title IX / Chapter 81A / Section 81A.060
81A.060 Public hearings -- Authority of board of aldermen
Status: in_force

81A.060 Public hearings -- Authority of board of aldermen.

(1) After the preparation of the report required by KRS 81A.050, any city of the first

class proposing annexation shall hold at least two (2) public hearings on the

proposed annexation prior to the enactment of the first ordinance. Additional

hearings may be held. Notice of such hearings shall be published in accordance

with KRS Chapter 424.

(2) The hearings held pursuant to this section shall provide an opportunity to be heard

to all persons residing or owning property in the area described in the notice of the

public hearing, and to all residents of the city.

(3) At each public hearing, a representative of the city shall make an explanation of the

report required in KRS 81A.050. Such explanation shall be as detailed as necessary

so as to convey an accurate and definitive report.

(4) The board of aldermen shall take into consideration facts presented at the public

hearings and shall have authority to amend the report required by KRS 81A.050 and

to make changes in the plans for serving the area proposed to be annexed. If any

amendment or change is approved by the board, another hearing shall be held to

provide any person residing or owning property in the area to be annexed or any

resident of the city an opportunity to be heard on the amendment or amendments.

Such hearing shall be held not later than thirty (30) days after the board approves

the amendment. Notice of such hearing shall be published in accordance with KRS

Chapter 424.
KRS § 35.265 — KY Code / Title V / Chapter 35 / Section 35.265
35.265 Court to announce action
Status: in_force

35.265 Court to announce action.

A court-martial shall announce its findings and sentence to the parties as soon as

determined.
KRS § 164.938 — KY Code / Title XIII / Chapter 164 / Section 164.938
164.938 Rural health education program
Status: in_force

164.938 Rural health education program.

The University of Louisville shall develop a rural health education program which shall:

(1) Coordinate clinical rotations for health science students;

(2) Maintain rural health science libraries;

(3) Expand a family practice residency program at a regional medical center with

decentralized clinical practice sites;

(4) Implement the provisions of KRS 164.935;

(5) Maintain clinical training sites for students in the health professions; and

(6) Provide continuing education for health care professionals.
KRS § 211.861 — KY Code / Title XVIII / Chapter 211 / Section 211.861
211.861 Legislative findings -- Purpose
Status: in_force

211.861 Legislative findings -- Purpose.

(1) The General Assembly finds:

(a) That the Central Midwest Interstate Low-Level Radioactive Waste Compact

was enacted by the State of Illinois and the Commonwealth of Kentucky to

provide the instrument and framework for a cooperative effort, and to provide

sufficient facilities for the proper management of low-level radioactive waste

generated within the region, limiting the number of facilities, protecting the

health and safety of citizens, and promoting the volume and source reduction

of low-level radioactive waste generated in the region, and for other purposes.

(b) That it is the responsibility of each party state to the compact to prescribe and

enforce penalties against any person who is not an officer of another state for

violation of any provision of the compact.

(2) It is the purpose of KRS 211.861 to 211.869 to establish a program by which these

sections and the provisions of the compact may be implemented and enforced.
KRS § 253.060 — KY Code / Title XXI / Chapter 253 / Section 253.060
253.060 State report evidence of ownership
Status: in_force

253.060 State report evidence of ownership.

Brands appearing in the current edition of the state report, or supplements thereto, shall

be prima facie evidence of ownership and take precedence over brands of like and kind

should the question of ownership arise. An owner whose brand does not appear in the

state report, or a supplement thereto, shall produce evidence to establish his title to the

property in the event of controversy.
KRS § 262.095 — KY Code / Title XXI / Chapter 262 / Section 262.095
262.095 Appropriations -- How used
Status: in_force

262.095 Appropriations -- How used.

Appropriations out of the State Treasury to finance the program of the Soil and Water

Conservation Commission shall be paid out directly on the orders of the chairman, and

shall be used to pay the expenses of the commission.
KRS § 201.030 — KY Code / Title XVII / Chapter 201 / Section 201.030
201.030 Organization of board -- Officers and employees
Status: in_force

201.030 Organization of board -- Officers and employees.

(1) Upon appointment of the members, the board shall organize and elect officers. At

the time of organization and annually thereafter, the board shall elect a chairman

from its members.

(2) The board may select a superintendent for the home, and may fix his compensation

in cash, or in cash and maintenance for himself and his immediate family. The

superintendent shall serve at the pleasure of the board.

(3) The board may authorize the employment of other officers and employees necessary

to carry on the work of the board and the home, and shall fix their compensation at

sums not exceeding the salary of the superintendent. The superintendent may

employ and discharge the officers and employees of the institution, except parole

officers.
KRS § 247.6005 — KY Code / Title XXI / Chapter 247 / Section 247.6005
247.6005 Activities not deemed in restraint of trade
Status: in_force

247.6005 Activities not deemed in restraint of trade.

No association meeting or activity undertaken in pursuance of the provisions of KRS

247.6001 to 247.6035 and intended to benefit all of the producers, handlers, dealers, and

processors of corn shall be deemed or considered illegal or in restraint of trade.
KRS § 95.270 — KY Code / Title IX / Chapter 95 / Section 95.270
95.270 Firefighters, exempt from civil process
Status: in_force

95.270 Firefighters, exempt from civil process.

The chief and members of the fire department, while on duty at a fire, shall be exempt

from arrest on civil process and from service with subpoenas from civil courts.
KRS § 211.250 — KY Code / Title XVIII / Chapter 211 / Section 211.250
211.250 Political activity by personnel prohibited
Status: in_force

211.250 Political activity by personnel prohibited.

While retaining the right to vote as he may please and to express privately his opinion of

all political subjects and issues, neither the commissioner for health services nor any

employee of the department shall take any active part in political management or political

campaigns, nor shall he use his office or influence for the purpose of interfering in any

election or affecting the results thereof, or for the purpose of coercing the political action

of any body or person.
KRS § 219.340 — KY Code / Title XVIII / Chapter 219 / Section 219.340
219.340 Issuance, duration, posting of permits to operate manufactured or mobile home community -- Fees -- Permits not transferable
Status: in_force

219.340 Issuance, duration, posting of permits to operate manufactured or mobile

home community -- Fees -- Permits not transferable.

(1) The cabinet shall promulgate administrative regulations to establish a schedule of

fees not to exceed administrative costs of the program to the cabinet, that shall be

paid for a permit to operate a manufactured or mobile home community. Upon

receipt of an application for a permit to operate, accompanied by a permit fee, the

cabinet shall issue a permit, provided the community meets the standards and

requirements of KRS 219.310 to 219.410 and the administrative regulations

promulgated by the cabinet.

(2) Each permit to operate, unless sooner suspended or revoked, shall expire on June 30

following its issuance, and be renewable annually, upon application and payment of

a renewal fee established by the cabinet, provided the community is maintained and

operated in compliance with KRS 219.310 to 219.410 and the administrative

regulations promulgated by the cabinet.

(3) Each permit to operate shall be issued only for the person and premises, including

number of spaces, named in the application and shall not be transferable.

(4) The person holding an operating permit shall post it conspicuously within the

community or have it readily available for examination upon request by agents of

the cabinet or prospective community occupants.