FrankGoortani/open-us-law huggingface dataset:
KRS § 211.027 — KY Code / Title XVIII / Chapter 211 / Section 211.027
211.027 Rules and regulations relating to induced termination of pregnancy
Status: in_force

211.027 Rules and regulations relating to induced termination of pregnancy.

The Cabinet for Health and Family Services shall promulgate reasonable rules and

regulations to effectuate the purposes of KRS 213.101 and 213.106 and KRS 311.710 to

311.810, which shall be submitted to the Legislative Research Commission in a manner

prescribed in KRS Chapter 13A; the Legislative Research Commission shall refer said

rules and regulations to the Interim Committee on Health Services for the purpose of

approval or disapproval.
KRS § 384.020 — KY Code / Title XXXII / Chapter 384 / Section 384.020
384.020 Affidavit by attorney as to absence of notice of death
Status: in_force

384.020 Affidavit by attorney as to absence of notice of death.

An affidavit, executed by the attorney-in-fact or agent, setting forth that he has not or had

not, at the time of doing any act pursuant to the power of attorney, received actual

knowledge or actual notice of the revocation or termination of the power of attorney, by

death or otherwise, or notice of any facts indicating the same, shall, in the absence of

fraud, be conclusive proof of the nonrevocation or nontermination of the power at such

time. If the exercise of the power requires execution and delivery of any instrument which

is recordable under the laws of this state, such affidavit (when authenticated for record in

the manner prescribed by law) shall likewise be recordable.
KRS § 202A.056 — KY Code / Title XVII / Chapter 202A / Section 202A.056
202A.056 Certificate contents -- Fee
Status: in_force

202A.056 Certificate contents -- Fee.

(1) The certificate referred to in this chapter shall be in the form prescribed by the

cabinet. The certificate shall state that the respondent has been examined by each of

the qualified mental health professionals making the certificate within twenty-four

(24) hours (excluding weekends and holidays) prior to the date of the certificate. It

shall state the facts and circumstances upon which the judgment of the examining

physician is based and shall be sworn to before a notary or the clerk or judge of the

court.

(2) The examiner shall be entitled to a fee for such examination and certification, to be

paid by the county in which the petition is filed, upon a certified copy of an order of

allowance made by the court holding the hearing.
KRS § 147.630 — KY Code / Title XII / Chapter 147 / Section 147.630
147.630 Commission membership -- Officers -- Quorum -- Meetings
Status: in_force

147.630 Commission membership -- Officers -- Quorum -- Meetings.

(1) The area planning commission as created under the provisions of KRS 147.610 to

147.705 shall be composed of not more than nine (9) members who shall be

selected from governmental units participating in the existence of the area planning

commission by the affirmative action of the area council hereinafter provided for.

(2) Of the initial membership five (5) members shall be elected for a term of two (2)

years, and four (4) members for a term of one (1) year each, and upon the expiration

of their respective terms the successors of each shall be elected for a term of two (2)

years.

(3) At its first regular meeting in each year, the commission shall elect from its

membership a chairman and a vice chairman. The vice chairman shall have the

authority to act as the chairman during the absence of its chairman.

(4) The commission may appoint from within or without its own membership a

secretary, prescribe his duties and fix his compensation.

(5) Members of the commission may be removed for cause by an affirmative action of

the area council.

(6) Vacancies may be filled at any time by the affirmative action of the area council for

the unexpired term existing.

(7) Each member of the commission, before entering upon his official duties, shall take

and subscribe to an oath that he will honestly, faithfully, and impartially perform the

duties of his office, and that he will not be interested in any contract let for the

purpose of carrying out any of the provisions of KRS 147.610 to 147.705. The oath

shall be filed with the county clerk in the county of his residence.

(8) Each member of the commission shall give a good and sufficient bond, to be

approved by the area council, conditioned upon the faithful and honest performance

of his duties, and as security for all moneys coming into his hands or under his

control. The cost of the bond shall be paid by the commission.

(9) A quorum shall consist of a majority of the members of the commission.

(10) The commission shall appoint a treasurer from within or without its membership,

prescribe his duties and fix his compensation. The treasurer shall execute a good

and sufficient bond, conditioned upon the faithful and honest performance of his

duties and as security for all moneys coming into his hands or under his control.

Said bond shall be in the penal sum of twenty-five thousand dollars ($25,000). The

cost of the bond shall be paid by the commission.

(11) Meetings shall be held at the call of the chairman.
KRS § 176.160 — KY Code / Title XV / Chapter 176 / Section 176.160
176.160 Issuance or denial of certificate -- Effect
Status: in_force

176.160 Issuance or denial of certificate -- Effect.

(1) After obtaining such information as it deems necessary relative to the qualification

of the applicant, the department shall determine whether or not the applicant is

eligible to bid upon road contracts. The department shall promptly notify all

applicants of its final action on their applications.

(2) If the department determines that the applicant is eligible, it shall issue to him a

certificate of eligibility which shall entitle the applicant to bid upon any contract

with the department for the construction or maintenance of any public road or

section thereof upon which bids are being asked.

(3) If the department determines that the applicant is ineligible to bid, it shall reject the

application and refuse to issue the certificate of eligibility, and the applicant shall

not thereafter make application for a certificate of eligibility until he is qualified,

both financially and in all other ways.
KRS § 165.070 — KY Code / Title XIII / Chapter 165 / Section 165.070
165.070 Condemnation, purchase or gift of land
Status: in_force

165.070 Condemnation, purchase or gift of land.

The board of trustees of a municipal university in a city of the first class may acquire, by

purchase or gift, lands and improvements for the purpose of expanding the plant and

extending the usefulness of the university, and when unable to agree with the owner of

land and improvements necessary for the purposes of the university may proceed to

condemn the land and improvements. The condemnation proceedings shall be conducted

in the manner provided in the Eminent Domain Act of Kentucky.
KRS § 162.075 — KY Code / Title XIII / Chapter 162 / Section 162.075
162.075 Compliance with code not necessary on purchases from federal government
Status: in_force

162.075 Compliance with code not necessary on purchases from federal

government.

The provisions of KRS Chapter 45A and KRS 162.070 shall not apply to purchases made

by the boards of education within the Commonwealth of Kentucky from the United States

of America, or any agency thereof.
KRS § 431.218 — KY Code / Title XL / Chapter 431 / Section 431.218
431.218 Date of execution of condemned -- Copy of mandate to proper officer
Status: in_force

431.218 Date of execution of condemned -- Copy of mandate to proper officer.

When a judgment sentencing the defendant to death has been affirmed, the mandate shall

fix the day of the execution as the fifth Friday following the date of the mandate of the

court. The clerk of the Supreme Court shall transmit either by special messenger or by

certified mail, return receipt requested, a certified copy of the mandate to the proper

officer which shall be the authority of such officer to carry the mandate into effect. The

officer receiving the copy shall report his action both to the governor and to the circuit

court. If from any cause the execution does not take place on the day appointed in the

mandate, the governor may from time to time appoint another day for execution until the

sentence is carried into effect.
KRS § 352.175 — KY Code / Title XXVIII / Chapter 352 / Section 352.175
352.175 Miners required to wear safety glasses
Status: in_force

352.175 Miners required to wear safety glasses.

All miners shall wear safety glasses as needed. The safety glasses shall be supplied to the

miners by the coal operator at no cost to the miner.
KRS § 171.784 — KY Code / Title XIV / Chapter 171 / Section 171.784
171.784 Nomination of locations and objects for military heritage designation -- Rescission
Status: in_force

171.784 Nomination of locations and objects for military heritage designation --

Rescission.

(1) Any person or organization may nominate a geographic location for designation as a

military heritage site or to rescind a designation as a military heritage site.

(2) Any person or organization may nominate an object for designation as a military

heritage object or to rescind a designation as a military heritage object.

(3) Private property shall not be designated as a military heritage site or as a military

heritage object unless:

(a) The nomination is made by the owner of the property if held by a single owner

or by all owners of the property if the property is held jointly; or

(b) The nomination is approved, in writing, by the owner of the property if held

by a single owner or by all owners of the property if the property is held

jointly.

(4) The commission shall promulgate administrative regulations with regard to the

process of designation of a military heritage site and a military heritage object and

the characteristics of a qualifying site and qualifying object.

(5) The commission shall meet not less than two (2) times per year to act upon

nominations of geographic locations proposed as military heritage sites and

nominations of objects as military heritage objects. The commission at any meeting

may also act on requests to rescind any designation of a military heritage site or

military heritage object.

(6) To designate a site as a military heritage site or to designate an object as a military

heritage object requires a majority vote of the members of the commission.

(7) To rescind the designation of a site as a military heritage site or to rescind the

designation of an object as a military heritage object requires a unanimous vote of

the members of the commission.
KRS § 214.310 — KY Code / Title XVIII / Chapter 214 / Section 214.310
214.310 Enforcement of mattress law
Status: in_force

214.310 Enforcement of mattress law.

(1) Any police officer or member of any municipal board of health, or other city

official, who has reason to believe that the provisions of KRS 214.280 to 214.300

have been or are being violated, shall give notice to the Cabinet for Health and

Family Services.

(2) Any individual who has reason to believe that the provisions of KRS 214.280 to

214.300 have been or are being violated may present the relevant facts to the board

of health or any of its deputies. It shall then be the duty of the board of health to

make an investigation of the facts, and if the board is of the opinion that there is or

has been a violation it shall prosecute the person guilty thereof.

(3) Any individual may institute proceedings to enforce KRS 214.280 to 214.300 and to

punish violations of their provisions.
KRS § 177.110 — KY Code / Title XV / Chapter 177 / Section 177.110
177.110 Railroad crossings -- Construction of KRS 177.120 to 177.210
Status: in_force

177.110 Railroad crossings -- Construction of KRS 177.120 to 177.210.

(1) The provisions of KRS 177.120 to 177.210 shall not apply to any railroad lines or

tracks constructed across primary roads after March 23, 1926.

(2) Where railroad lines or tracks constructed after March 23, 1926 cross any primary

road, the department shall determine the character of the crossing to be constructed

by the railroad company, and the cost of such crossings shall be paid for by the

railroad company.
KRS § 205.8467 — KY Code / Title XVII / Chapter 205 / Section 205.8467
205.8467 Liability of violators -- Payment of penalties to Medicaid trust fund
Status: in_force

205.8467 Liability of violators -- Payment of penalties to Medicaid trust fund.

(1) Any provider who has been found by a preponderance of the evidence in an

administrative process, in conformity with any applicable federal regulations and

with due process protections, to have knowingly submitted or caused claims to be

submitted for payment for furnishing treatment, services, or goods under a medical

assistance program provided under this chapter, which payment the provider was

not entitled to receive by reason of a violation of this chapter, shall:

(a) Be liable for restitution of any payments received in violation of this chapter,

and interest at the maximum legal rate pursuant to KRS 360.010 in effect on

the date any payment was made, for the period from the date payment was

made to the date of repayment to the Commonwealth;

(b) Be liable for a civil payment in an amount up to three (3) times the amount of

excess payments;

(c) Be liable for payment of a civil payment of five hundred dollars ($500) for

each false or fraudulent claim submitted for providing treatment, services, or

goods;

(d) Be liable for payment of legal fees and costs of investigation and enforcement

of civil payments; and

(e) Be removed as a participating provider in the Medical Assistance Program for

two (2) months to six (6) months for a first offense, for six (6) months to one

(1) year for a second offense, and for one (1) year to five (5) years for a third

offense.

(2) Civil payments, interest, costs of investigation, and enforcement of the civil

remedies recovered on behalf of the Commonwealth under this section shall be

remitted to the State Treasurer for deposit in a Medicaid trust fund which is hereby

created and shall not lapse. Funds deposited in the Medicaid trust fund shall not be

spent until appropriated by the General Assembly for medical assistance services.

(3) The remedies under this section are separate from and cumulative to any other

administrative, civil, or criminal remedies available under federal or state law or

regulation.

(4) The Cabinet for Health and Family Services, in consultation with the Office of the

Attorney General, may promulgate administrative regulations, pursuant to KRS

Chapter 13A, for the administration of the civil payments contained in this section.
KRS § 99.845 — KY Code / Title IX / Chapter 99 / Section 99.845
99.845 Termination of conservatorship
Status: in_force

99.845 Termination of conservatorship.

Upon request by a party in interest or the conservator, the court may order the termination

of the conservatorship if it determines:

(1) The obligations, expenses, and improvements of the conservatorship, including all

costs of the conservator, have been fully paid or provided for and the purposes of

the conservatorship have been fulfilled;

(2) The owner or a lienholder has requested the conservatorship be terminated and has

provided adequate assurances to the court that the conditions that constituted

grounds for the petition will be promptly abated;

(3) The conservator is not carrying out required duties or responsibilities as set out in

KRS 99.815; or

(4) The building has been sold by the conservator and the proceeds have been

distributed as set out in KRS 99.840.
KRS § 315.208 — KY Code / Title XXVI / Chapter 315 / Section 315.208
315.208 Dispensing prescription issued by a practitioner who has died -- Limitations
Status: in_force

315.208 Dispensing prescription issued by a practitioner who has died --

Limitations.

(1) Notwithstanding any other provision of law to the contrary, when a pharmacist is

aware that a practitioner has died, a prescription issued by that practitioner may

continue to be dispensed based on the pharmacist's professional judgment and no

later than one hundred eighty (180) days following the date on which the

practitioner died.

(2) Nothing in this section authorizes the dispensing of a prescription that was issued

for a controlled substance unless permitted under the federal Controlled Substances

Act and regulations of the United States Drug Enforcement Administration.
KRS § 209A.120 — KY Code / Title XVII / Chapter 209A / Section 209A.120
209A.120 Duty of law enforcement to provide assistance as required under KRS 403.785 and 456.090 -- Use of JC-3 form -- Report to Criminal Justice Statistical Analysis Center
Status: in_force

209A.120 Duty of law enforcement to provide assistance as required under KRS

403.785 and 456.090 -- Use of JC-3 form -- Report to Criminal Justice

Statistical Analysis Center.

(1) If a law enforcement officer receives a report of domestic violence and abuse or

dating violence and abuse, the officer shall use all reasonable means to provide

assistance as required under KRS 403.785 and 456.090.

(2) A law enforcement officer who responds to a report of domestic violence and abuse

or dating violence and abuse shall use the JC-3 form, or its equivalent replacement,

as provided by the Justice and Public Safety Cabinet to document any information

or injuries related to the domestic violence and abuse or dating violence and abuse.

(3) A completed JC-3 form, or its equivalent replacement, shall be kept in the records

of the law enforcement officer's agency of employment.

(4) If the JC-3 form, or its equivalent replacement, includes information that only

relates to a victim as defined in KRS 209A.020, the form shall not be forwarded to

the cabinet.

(5) If the JC-3 form, or its equivalent replacement, includes information on known or

suspected child abuse or neglect or the abuse or neglect of an elderly or disabled

adult, the form shall be forwarded to the cabinet.

(6) The Kentucky State Police or the law enforcement officer's agency of employment

shall provide the preceding calendar year's JC-3 data, and all other relevant data, to

the Criminal Justice Statistical Analysis Center created in KRS 15.280 by February

1 of each year.
KRS § 173.775 — KY Code / Title XIV / Chapter 173 / Section 173.775
173.775 Attorney for board -- Employment -- Authority
Status: in_force

173.775 Attorney for board -- Employment -- Authority.

(1) The board may, in its discretion, employ or retain a regularly licensed attorney to

advise them on all matters pertaining to their duties and shall have the discretion to

delegate such authority to said attorney not forbidden by law.

(2) The board may fix the salary or compensation of the attorney provided for in

subsection (1) of this section, in its discretion.
KRS § 533.210 — KY Code / Title L / Chapter 533 / Section 533.210
533.210 Conduct of program -- Costs -- License
Status: in_force

533.210 Conduct of program -- Costs -- License.

(1) The program described in KRS 533.200 shall be administered by the Office of

Adult Education within the Department of Workforce Development in the

Education and Labor Cabinet, which shall promulgate administrative

regulations, pursuant to KRS Chapter 13A, relative to the conduct of the

program, including but not limited to the costs of participation in the program by

persons sentenced to the program.

(2) The Office of Adult Education shall license qualified persons or organizations

to conduct the program described in KRS 533.200 on behalf of the agency.

Qualifications, the manner of licensing, and all other matters shall be set by

administrative regulation.
KRS § 15A.240 — KY Code / Title III / Chapter 15A / Section 15A.240
15A.240 Enforcement by Department of Juvenile Justice
Status: in_force

15A.240 Enforcement by Department of Juvenile Justice.

(1) The Department of Juvenile Justice shall enforce the provisions of KRS 15A.210 to

15A.230 and the administrative regulations issued thereunder.

(2) The Department of Juvenile Justice may institute legal proceedings including but

not limited to injunctive remedies to secure compliance with the provisions of KRS

15A.210 to 15A.230.
KRS § 147A.028 — KY Code / Title XII / Chapter 147A / Section 147A.028
147A.028 Public purpose -- Local government parks and recreational facilities fund established -- Distribution of funds by commissioner
Status: in_force

147A.028 Public purpose -- Local government parks and recreational facilities

fund established -- Distribution of funds by commissioner.

(1) In enacting a parks establishment aid law, it is the intention of the General

Assembly to supplement local efforts to establish park and recreational facilities.

The inadequacy of present facilities and the high cost of acquisition and

establishment of park recreational facilities are hereby declared to be matters of

public interest and concern and vital to the promotion of the health, welfare, and

industrial development of the inhabitants of the Commonwealth.

(2) The commissioner of the Department for Local Government shall cause to be

established in the Treasury a special fund to be known as the local government

parks and recreational facilities fund, to be administered by the commissioner. The

fund shall be comprised of grants, contributions, appropriations, and

intergovernmental transfers. Moneys in the fund shall not lapse at the end of the

fiscal year.

(3) The commissioner may, when he determines that a proposed local government plan

for a park or other recreational facility would serve the public interest, use moneys

from the local government parks and recreational facilities fund to aid local

governmental units in their acquisition and establishment of local parks and

recreational facilities, provided that local governmental units must provide

matching funds for the project. The Department for Local Government may grant an

amount up to five hundred thousand dollars ($500,000) for any one (1) project,

which amount shall not exceed fifty percent (50%) of the cost of the entire project.

For the purposes of this section, local governmental units shall mean county

governments, urban-county government, and governments of cities of any class.

Title to parks and recreational facilities acquired by the use of funds authorized by

this section shall vest in the local governmental unit which proposed the project and

provided the matching funds.

(4) In September of each year, the commissioner shall determine the amount of funds

available for distribution by December 31 of that same year. The commissioner may

prescribe standards for determining the amounts to be granted for local projects and

any administrative regulations as may be necessary to implement the provisions of

this section. Funds granted by the Department for Local Government shall be spent

by the local governing authorities only for the acquisition and establishment of

parks and recreational facilities or major improvements or additions to existing

parks and shall not be used for operating or maintenance expenses.