FrankGoortani/open-us-law huggingface dataset:
KRS § 13A.245 — KY Code / Title III / Chapter 13A / Section 13A.245
13A.245 Agencies to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards -- Relationship between state administrative regulation and federal law or regulation governing a subject matter
Status: in_force

13A.245 Agencies to prepare a federal mandate analysis comparing proposed state

regulatory standards to federal standards -- Relationship between state

administrative regulation and federal law or regulation governing a subject

matter.

(1) (a) When promulgating administrative regulations and amending existing

administrative regulations in response to a federal mandate, an administrative

body shall compare its proposed compliance standards with any minimum or

uniform standards suggested or contained in the federal mandate.

(b) Such a comparison shall include, in detail, a written determination by the

administrative body on whether the proposed state administrative regulation

will impose stricter requirements or other responsibilities on the regulated

entities than those required by the federal mandate.

(c) If the administrative body determines that the proposed state administrative

regulation imposes additional requirements or responsibilities on the regulated

entities than is required by the federal mandate, the administrative body shall

include in its comparison analysis a written statement justifying the imposition

of stricter standards, requirements, or responsibilities.

(2) (a) Except as provided by paragraph (b) of this subsection, an administrative

regulation shall conform to a federal law or regulation governing a subject

matter if an administrative body is:

1. Not required by federal law or regulation to promulgate an

administrative regulation to comply with a federal law or regulation

governing the subject matter; and

2. Required or authorized by state law to promulgate an administrative

regulation governing the subject matter.

(b) If the administrative regulation is more stringent than or otherwise differs

from the federal law or regulation governing the subject matter, the

administrative body shall state in detail in the "NECESSITY, FUNCTION,

AND CONFORMITY" paragraph of the administrative regulation the manner

in which it is more stringent than or otherwise differs from the federal law or

regulation, and the reasons therefor.
KRS § 158.185 — KY Code / Title XIII / Chapter 158 / Section 158.185
158.185 Construction prohibiting school employee from leading, directing, or encouraging religious or anti-religious activity in violation of establishment clause
Status: in_force

158.185 Construction prohibiting school employee from leading, directing, or

encouraging religious or anti-religious activity in violation of establishment

clause.

Nothing in KRS 158.181 to 158.187 shall be construed to support, encourage, or permit a

teacher, administrator, or other employee of the public schools to lead, direct, or

encourage any religious or anti-religious activity in violation of the portion of the First

Amendment of the United States Constitution prohibiting laws respecting an

establishment of religion.
KRS § 379.150 — KY Code / Title XXXI / Chapter 379 / Section 379.150
379.150 Settlement or compromise by assignor with creditors to be filed in court -- Assignee discharged
Status: in_force

379.150 Settlement or compromise by assignor with creditors to be filed in court --

Assignee discharged.

If the assignor settles or compromises with his creditors before the final discharge of the

assignee or settlement of the estate, the writing showing the settlement or compromise

shall be filed in the District Court and an order made discharging the assignee.
KRS § 335.505 — KY Code / Title XXVI / Chapter 335 / Section 335.505
335.505 Prohibition against unlicensed practice of professional counseling -- No limitation on activities of specified service providers
Status: in_force

335.505 Prohibition against unlicensed practice of professional counseling -- No

limitation on activities of specified service providers.

(1) No person shall engage in the practice of professional counseling or present in a

way as to imply or would reasonably be deemed to imply licensure to practice

professional counseling unless the person has first been issued a valid license by the

board.

(2) Subsection (1) of this section shall not apply to any person who is licensed,

certified, or registered under any other provisions of the Kentucky Revised Statutes,

including, but not limited to, physicians, social workers, psychologists, nurses,

professional art therapists, marriage and family therapists, or students in accredited

programs in those professions, and shall not restrict their practice, descriptions of

services, or the manner in which they hold themselves out to the public.

(3) Subsection (1) of this section shall not be construed to alter, amend, or interfere

with the practice of those who engage in employment counseling, job placement

counseling, vocational rehabilitation counseling, victim counseling or advocacy,

pastoral counseling based on any tenet of one's religious beliefs, or school

counseling.

(4) Subsection (1) of this section shall not apply to the activities and services of a

student intern or trainee in professional counseling who is pursuing a program of

studies in counseling at an accredited institution of higher education, if these

activities are performed under the supervision or direction of an approved

supervisor and the activities are a part of the supervised program of study as

reflected in an official transcript, and if the person is designated a professional

counselor intern or student in training.

(5) Nothing in this section shall be construed to limit the activities of a sexual assault

counselor, victim advocate, or crisis response team as provided in KRE 506, or a

person certified under KRS Chapter 403 to provide court-ordered domestic violence

offender treatment services or a person providing services to sexual offenders under

KRS 197.400 to 197.440.
KRS § 248.762 — KY Code / Title XXI / Chapter 248 / Section 248.762
248.762 Criminal penalties for violation of KRS 248.752 or 248.754
Status: in_force

248.762 Criminal penalties for violation of KRS 248.752 or 248.754.

Any person that commits any of the acts prohibited by KRS 248.752, either knowing or

having reason to know he or she is doing so, or that fails to comply with any of the

requirements in KRS 248.754 is guilty of a Class D felony and, in addition, may be

subject to a fine of not more than five thousand dollars ($5,000) and costs of prosecution.
KRS § 423.200 — KY Code / Title XXXVIII / Chapter 423 / Section 423.200
423.200 Admission of documents to the public record
Status: in_force

423.200 Admission of documents to the public record.

Notwithstanding any other provision of law, any certificate of an acknowledgment given

and certified as provided by KRS 423.300 to 423.455 or as provided by those sections

and other provisions of law, together with the instrument acknowledged, may be admitted

to the public record provided for the type of instrument so acknowledged, and any

instrument required to be sworn to or affirmed in order to be recorded may be admitted to

record upon a jurat recognized under the provisions of KRS 423.300 to 423.455.
KRS § 148.8531 — KY Code / Title XII / Chapter 148 / Section 148.8531
148.8531 Application period for sales tax incentive under KRS 148.853(3)(b)2
Status: in_force

148.8531 Application period for sales tax incentive under KRS 148.853(3)(b)2.

New applications shall not be accepted or considered before August 1, 2014, or after May

1, 2018, for the sales tax incentive provided in KRS 148.853(3)(b)2. All projects with

preliminary or final approval under KRS 148.851 to 148.860 on July 31, 2018, shall

continue to be governed by KRS 148.851 to 148.860.
KRS § 178.250 — KY Code / Title XV / Chapter 178 / Section 178.250
178.250 Joint bridges and roads between counties
Status: in_force

178.250 Joint bridges and roads between counties.

(1) When it is necessary to build or repair any bridge across any stream on the line

between two (2) counties, or to construct or repair any road between two (2)

counties, or along the boundary line thereof, the fiscal courts of the counties may

enter into such agreement therefor as they find best, but if they disagree, the fiscal

court of each county shall appoint two (2) special commissioners who, together with

the county road engineer of each county and a representative of the Department of

Highways, shall meet and arrange the matter.

(2) The fiscal court of each county interested shall notify the Department of Highways

of the action taken and request its assistance in the matter and the decision reached

by the committee thus appointed, acting jointly with the representative of the

Department of Highways, shall be binding.

(3) If the fiscal court of any county, upon being requested to do so, fails to appoint

commissioners, or if either court fails in any respect to fulfill its part of the

agreement with respect to work, the remedy by mandamus shall lie before the

Circuit Court of the county whose fiscal court is complained of on behalf of the

fiscal court of the other county, and the Circuit Court shall compel the fiscal court

complained of to do what ought to be done in the matter.
KRS § 23A.080 — KY Code / Title IV / Chapter 23A / Section 23A.080
23A.080 Appeals from District Court -- Issuance of writs by Circuit Court
Status: in_force

23A.080 Appeals from District Court -- Issuance of writs by Circuit Court.

(1) A direct appeal may be taken from District Court to Circuit Court from any final

action of the District Court.

(2) The Circuit Court may issue all writs necessary in aid of its appellate jurisdiction, or

the complete determination of any cause within its appellate jurisdiction.
KRS § 457.040 — KY Code / Title XLII / Chapter 457 / Section 457.040
457.040 Power of attorney is durable
Status: in_force

457.040 Power of attorney is durable.

A power of attorney created under this chapter is durable unless it expressly provides that

it is terminated by the incapacity of the principal.
KRS § 157.920 — KY Code / Title XIII / Chapter 157 / Section 157.920
157.920 Geography education -- Legislative findings and goal
Status: in_force

157.920 Geography education -- Legislative findings and goal.

(1) The General Assembly hereby finds that:

(a) The decline in geographic literacy has been widely recognized;

(b) Geographic knowledge is essential to social, political, and environmental

leadership potential and civic involvement; and

(c) Support should be given to local efforts to restore geography education to the

school curriculum, train teachers, prepare teaching materials, and raise public

awareness of the importance of geography education.

(2) The General Assembly establishes, on behalf of the citizens of the Commonwealth,

a goal that the next generation of students in Kentucky will graduate with the

geographic skills and knowledge that will guarantee their readiness to meet the

economic, environmental, and civic challenges of the future.
KRS § 333.110 — KY Code / Title XXVI / Chapter 333 / Section 333.110
333.110 Permit required for school for medical laboratory personnel
Status: in_force

333.110 Permit required for school for medical laboratory personnel.

No person shall construct, acquire, maintain or operate a school for training medical

laboratory personnel and/or medical laboratory trainees in this state unless approval has

first been obtained from the cabinet. Approval shall be contingent upon presentation of

satisfactory evidence that the curriculum, personnel and equipment of such school is

adequate to provide quality training in medical laboratory techniques.
KRS § 211.184 — KY Code / Title XVIII / Chapter 211 / Section 211.184
211.184 Enforcement of KRS 211.182 by cabinet and secretary of the Cabinet for Health and Family Services
Status: in_force

211.184 Enforcement of KRS 211.182 by cabinet and secretary of the Cabinet for

Health and Family Services.

(1) It shall be the duty of the cabinet to enforce the provisions of KRS 211.182, and for

that purpose the investigators, inspectors, representatives, and agents of the

secretary of the Cabinet for Health and Family Services and the cabinet shall have

the full power and authority of peace officers in this state, and shall have the power

and authority to administer oaths, to enter upon premises at all times for the purpose

of making inspections, to seize evidence, to interrogate all persons, and to require

the production of books, papers, documents, or other evidence.

(2) The secretary of the Cabinet for Health and Family Services may institute, in his

own name, proceedings to enjoin and restrain violations of KRS 211.182, regardless

of whether the defendant has been convicted of violation of the penal provisions

thereof, and shall not be required to pay any costs or filing fees or furnish any bond

in connection therewith. Violation of injunctions and restraining orders shall be

punished as a contempt without the intervention of a jury.
KRS § 178.360 — KY Code / Title XV / Chapter 178 / Section 178.360
178.360 Grade separation of proposed railroad and county road crossings
Status: in_force

178.360 Grade separation of proposed railroad and county road crossings.

(1) After June 19, 1952, if the fiscal court proposes to construct a new county road

across an existing railroad, or a railroad company proposes to construct a new

railroad across an existing county road, the party proposing such construction shall

provide the other party with plans and specifications for its proposed construction,

showing the location thereof, and, if the proposed crossing is to be separated, a

general plan for such separation. The fiscal court shall give at least ten (10) days'

notice of a hearing to be held at a time and place stated in the notice, at which

hearing it shall consider whether the proposed crossing shall be approved and

whether a grade separation is reasonably necessary for the present and future safety

and convenience of highway traffic and present and future efficient operation of the

railroad company's facilities and the safety of its employees and passengers, and in

accordance with the standards prescribed for grade separations in KRS 178.355.

(2) If the fiscal court shall find that a grade separation is reasonably necessary at such

proposed crossing, it shall approve, or provide for the submission and subsequent

approval of, plans and specifications for the grade separation. The determinations of

the fiscal court shall be by order, and its final determination shall be by final order,

which shall fix the method of doing the work in the manner provided in subsection

(4) of KRS 178.355, and which shall be served on the railroad company by certified

mail, return receipt requested. If the fiscal court orders a grade separation at such

proposed crossing, the entire cost of such separation shall be borne by the party

proposing the crossing.

(3) The fiscal court and the railroad company may agree by contract as to the method of

constructing grade separations under this section and the distribution or allocation

of cost thereof, under this section, and in such event, all notices, hearings and orders

shall be deemed to have been waived, and the construction of the crossing shall be

performed in accordance with the terms of the contract, with the same effect as

though the work was being performed pursuant to a final order of the fiscal court.
KRS § 96.870 — KY Code / Title IX / Chapter 96 / Section 96.870
96.870 Effective date of resolutions and ordinances
Status: in_force

96.870 Effective date of resolutions and ordinances.

Every resolution or ordinance adopted by the governing body of any municipality under

the provisions of KRS 96.550 to 96.900 shall become effective from and after its passage,

and no such resolution or ordinance shall be the subject of any referendum or election

except as expressly provided in KRS 96.550 to 96.900.
KRS § 164.744 — KY Code / Title XIII / Chapter 164 / Section 164.744
164.744 Purpose of authority
Status: in_force

164.744 Purpose of authority.

The purpose of the Kentucky Higher Education Assistance Authority shall be to improve

the higher education opportunities of persons who are attending or planning to attend

eligible institutions. Such purpose is hereby declared to be a public purpose for which

public money may be spent. Pursuant to rules and regulations which may be adopted by

the board which are not inconsistent with the federal act, the authority may:

(1) Insure loans to students, but such insurance shall be provided only if such loans

meet the criteria of the federal act and are the subject of agreements with the

secretary, pursuant to the federal act and where the subject eligible lender has

entered into an appropriate contract with the authority; and

(2) Provide from funds available to it loans, grants, scholarships, and work-study

awards to eligible students who are residents of Kentucky to enable such persons to

pursue an eligible program of study at a participating institution located in the

Commonwealth, and, if required by the federal act, to such persons attending such

nonprofit institutions as may be approved by the board.
KRS § 148.580 — KY Code / Title XII / Chapter 148 / Section 148.580
148.580 Iraq/Afghanistan War Memorial Committee -- Purpose -- Members -- Duties -- Responsibilities of cabinet
Status: in_force

148.580 Iraq/Afghanistan War Memorial Committee -- Purpose -- Members --

Duties -- Responsibilities of cabinet.

(1) There is established an Iraq/Afghanistan War Memorial Committee for the purpose

of creating an Iraq/Afghanistan War Memorial in the city of Frankfort, Kentucky, or

another location within the Commonwealth deemed more appropriate by the

committee. Members of the committee shall include:

(a) The Governor or his or her designee;

(b) The secretary of the Tourism, Arts and Heritage Cabinet or his or her

designee;

(c) The commissioner of the Kentucky Department of Veterans' Affairs or his or

her designee;

(d) The Adjutant General of the Kentucky Department of Military Affairs or his

or her designee; and

(e) A member recommended by the Joint Executive Council of Veterans

Organizations to be appointed by the Governor.

(2) The Iraq/Afghanistan War Memorial Committee shall be charged with the

following duties:

(a) Choosing a design for the memorial;

(b) Determining a location for the memorial;

(c) Collecting the names of fallen service men and women to be included on the

memorial;

(d) Requesting proposals for the construction of the memorial;

(e) Making recommendations on an entity to oversee the installation of the

memorial;

(f) Making recommendations on an entity that will be responsible for

maintenance and day-to-day upkeep of the memorial; and

(g) Seeking appropriations, gifts, grants, federal funds, and any other funds, both

public and private, to assist with the costs associated with the establishment of

the memorial, which shall be deposited in the Iraq/Afghanistan War Memorial

fund established in KRS 148.582.

(3) The Iraq/Afghanistan War Memorial Committee shall complete the requirements of

subsection (2)(a) to (f) of this section no later than October 1, 2012. The committee

shall produce a written report to be provided to the Governor, the secretary of the

Tourism, Arts and Heritage Cabinet, the President of the Senate, and the Speaker of

the House of Representatives. The report shall include, at a minimum, the following

information:

(a) The results of the Iraq/Afghanistan War Memorial Committee's work with

regard to the requirements of subsection (2)(a) to (f) of this section;

(b) An update on the costs required to complete the Iraq/Afghanistan War

Memorial; and

(c) The amount of money raised for the Iraq/Afghanistan War Memorial at the

date the report is due.

(4) The Tourism, Arts and Heritage Cabinet shall have the following responsibilities

related to the Iraq/Afghanistan War Memorial and the committee established to

create the memorial:

(a) Provision of staff and administrative resources, not including reimbursement

for any expense related to the committee's work, for the committee; and

(b) Administration of the Iraq/Afghanistan War Memorial fund established in

KRS 148.582.
KRS § 139.785 — KY Code / Title XI / Chapter 139 / Section 139.785
139.785 Authority of department -- Representation of state
Status: in_force

139.785 Authority of department -- Representation of state.

(1) The department is authorized and directed to enter into the SSUTA agreement with

one (1) or more states to simplify and modernize sales and use tax administration in

order to substantially reduce the burden of tax compliance for all sellers and for all

types of commerce. To further the SSUTA agreement, the department is authorized

to act jointly with other states that are members of the SSUTA agreement to

establish standards for certification of a certified service provider and certified

automated system and establish performance standards for multistate sellers.

(2) The department is further authorized to take other actions reasonably required to

implement the provisions set forth in KRS 139.780 to 139.795. Other actions

authorized by this section include but are not limited to the adoption of rules and

regulations and the joint procurement, with other member states, of goods and

services to further the cooperative agreement. Notwithstanding the provisions of

KRS Chapter 13A, the department may issue educational bulletins to the extent

necessary to enhance the understanding of and compliance with terms of the

agreement.

(3) The commissioner of the Department of Revenue or the commissioner's designee,

the state budget director or the director's designee, and two (2) legislators are

authorized to represent this state before the other states that are signatories to the

SSUTA agreement. One (1) member of the Senate shall be appointed by the

President of the Senate, and one (1) member of the House of Representatives shall

be appointed by the Speaker of the House of Representatives.
KRS § 322.050 — KY Code / Title XXVI / Chapter 322 / Section 322.050
322.050 Requirements for applicants
Status: in_force

322.050 Requirements for applicants.

(1) To be eligible for licensure, an applicant shall be:

(a) Of good character and reputation; and

(b) Able to competently communicate in the English language.

(2) An applicant shall not be eligible for licensure if he or she:

(a) Has been convicted of any felony within the past ten (10) years involving

violence, sexual misconduct, fraud, or deceit;

(b) Engages in conduct likely to deceive or defraud the public; or

(c) Is adjudged mentally disabled by a court of competent jurisdiction.