FrankGoortani/open-us-law huggingface dataset:
KRS § 365.840 — KY Code / Title XXIX / Chapter 365 / Section 365.840
365.840 Applicability of KRS 365.800 to 365.840
Status: in_force

365.840 Applicability of KRS 365.800 to 365.840.

The provisions of KRS 365.800 to 365.840 shall apply to all retail agreement contracts

entered into before June 25, 2013, which have no expiration date and are a continuing

contract, and all other contracts entered into or renewed on or after June 25, 2013. Any

contract in force before June 25, 2013, which by its own terms will terminate on a date

after June 25, 2013, shall be governed by the law as it existed prior to June 25, 2013.
KRS § 269.270 — KY Code / Title XXII / Chapter 269 / Section 269.270
269.270 County surface water drainage districts
Status: in_force

269.270 County surface water drainage districts.

(1) The county judge/executive in each county of this Commonwealth, wherein the

fiscal court has requested it, is hereby authorized to establish a countywide surface

water drainage district for the entire county including all municipalities. The cost of

procuring the necessary rights-of-way and the construction and maintenance of such

countywide drainage district shall be paid by the fiscal court out of the annual levy

for county taxes. When the fiscal court undertakes such a project it may acquire for

the county by contract or condemnation any land necessary to carry out the project.

If condemnation proceedings are necessary they shall be conducted in the manner

provided in the Eminent Domain Act of Kentucky.

(2) The administration of this district shall be exclusively by or within the fiscal court

of said county, and the fiscal court is hereby authorized and empowered to employ

such assistants, including commissioners or superintendent, and other employees as

may be necessary for the construction, maintenance and continued operation of said

system, and shall fix the salaries of all employees to be paid as other county

employees are paid.

(3) In the construction and maintenance of such drainage system the fiscal court is

authorized and empowered, as a part of the cost of construction and maintenance of

said system, to build or construct such bridges and culverts over and across the

ditches or canals of this system as in the opinion of the fiscal court are necessary.

(4) Nothing herein contained shall authorize or empower the construction or

maintenance of a sanitary sewer system or sanitary sewers.
KRS § 387.300 — KY Code / Title XXXIII / Chapter 387 / Section 387.300
387.300 Qualifications of persons suing as next friend -- Liability for costs
Status: in_force

387.300 Qualifications of persons suing as next friend -- Liability for costs.

(1) No person shall sue as next friend unless he reside in this state and be free from

disability, nor unless he file his own affidavit showing his right to sue as next friend

according to the provisions of this chapter.

(2) A guardian, curator, conservator or next friend who brings or prosecutes an action

for a person who is under disability is liable for the costs which accrue during his

conduct of the action, unless he be allowed to sue in forma pauperis or by an order

of the court.
KRS § 99A.990 — KY Code / Title IX / Chapter 99A / Section 99A.990
99A.990 Penalty
Status: in_force

99A.990 Penalty.

Any owner or agent who willfully violates the provisions of KRS 99A.030 shall be fined

not less than twenty-five dollars ($25) nor more than two hundred dollars ($200) for each

day the violation continues, or imprisoned for not more than ninety (90) days.
KRS § 213.991 — KY Code / Title XVIII / Chapter 213 / Section 213.991
213.991 Penalties
Status: in_force

213.991 Penalties.

(1) Any person who shall cremate or cause to be cremated or transport or cause to be

transported for the purpose of cremation, the body of any person whose death

occurs in the Commonwealth, without first obtaining from the coroner of the county

in which death occurred, authorization for the transportation and cremation shall be

guilty of a Class D felony.

(2) Any person shall be guilty of a Class A misdemeanor who:

(a) Willfully and knowingly makes any false statement in a certificate, record, or

report required by this chapter or in an application for an amendment thereof

or in an application for a certified copy of a vital record or who willfully and

knowingly supplies false information intending that such information be used

in the preparation of any report, record or certificate or amendment thereof;

(b) Without lawful authority and with the intent to deceive, makes counterfeits,

alters, amends or mutilates any certificate, record or report required by this

chapter or a certified copy of such certificate, record or report;

(c) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts

to obtain, possess, use, sell or furnish to another, for any purpose of deception,

any certificate, record or report required by this chapter or certified copy

thereof so made, counterfeited, altered, amended, mutilated or which is false

in whole or in part or which relates to the birth of another person whether

living or deceased;

(d) As an employee of the Vital Statistics Branch or any office designated under

KRS 213.036, willfully and knowingly furnishes or processes a certificate of

birth or certified copy of a certificate of birth with the knowledge or intention

that it may be used for the purpose of deception; or

(e) Without lawful authority possesses any certificate, record, or report required

by this chapter or a copy or certified copy of such certificate, record, or report

knowing same to have been stolen or otherwise unlawfully obtained.

(3) Any person shall be guilty of a Class B misdemeanor who:

(a) Willfully and knowingly refuses to provide information required by this

chapter or administrative regulations adopted hereunder;

(b) Willfully and knowingly transports or accepts for transportation, interment, or

other disposition a dead body without an accompanying permit as provided in

this chapter;

(c) Willfully and knowingly neglects or violates any of the provisions of this

chapter or refuses to perform any of the duties imposed upon him or her by

this chapter; or

(d) As an employee of the Vital Statistics Branch or any office designated under

KRS 213.036, willfully and knowingly violates the confidentiality provisions

of KRS 213.131.

(4) Repeated failure to comply with the requirements of this chapter shall be sufficient

cause for the cabinet to file a report with the applicable medical, dental,

chiropractic, or funeral director licensure board citing the omissions of lawful duty

and requesting that appropriate disciplinary action be taken.
KRS § 311.846 — KY Code / Title XXVI / Chapter 311 / Section 311.846
311.846 Examination -- Educational and training programs
Status: in_force

311.846 Examination -- Educational and training programs.

(1) The examination of the National Commission on Certification of Physician

Assistants for licensure as a physician assistant shall be approved by the board.

(2) Educational and training programs approved by the board shall include physician

assistant programs that are accredited by the Accreditation Review Commission on

Education for Physician Assistants or its predecessor or successor agencies.

(3) Training programs for the provision of general or regional anesthesia shall be

accredited by the Committee on Allied Health Education and Accreditation or the

Commission on Accreditation of Allied Health Education Programs.

(4) A trainee enrolled in an approved program shall be supervised and the training

program shall be responsible for the services provided by the trainee. A trainee shall

have the same scope of practice as a physician assistant and shall not be considered

to be practicing without authorization while enrolled in a training program.
KRS § 15.274 — KY Code / Title III / Chapter 15 / Section 15.274
15.274 Denial of application if applicant culpable in crime bearing relationship to participation -- Notice of approval
Status: in_force

15.274 Denial of application if applicant culpable in crime bearing relationship to

participation -- Notice of approval.

(1) The director shall deny an application for participation in the regulatory sandbox if

the applicant or any person who seeks to participate with the applicant in

demonstrating an offering has been convicted, entered a plea of nolo contendere, or

entered a plea of guilty or nolo contendere held in abeyance, for any crime

involving significant theft, fraud, or dishonesty if the crime bears a significant

relationship to the applicant's or other participant's ability to safely and competently

participate in the regulatory sandbox.

(2) When an applicant is approved for participation in the regulatory sandbox, the

director may provide notice of the approval to competitors of the applicant and to

the public.
KRS § 190.031 — KY Code / Title XVI / Chapter 190 / Section 190.031
190.031 Automotive mobility dealers -- License and regulation requirements
Status: in_force

190.031 Automotive mobility dealers -- License and regulation requirements.

(1) Any person, prior to engaging or continuing in the business of an automotive

mobility dealer after June 26, 2007, shall obtain an automotive mobility dealer

license from the commission.

(2) (a) An automotive mobility dealer shall be licensed and regulated by the

commission under the provisions of this chapter.

(b) The commission shall, by administrative regulations promulgated under KRS

Chapter 13A, establish requirements for initial application for and renewal of

a license to be an automotive mobility dealer. The commission's regulations

establishing requirements for automotive mobility dealers shall include

provisions for automotive mobility dealers to meet reasonable and appropriate

quality assurance requirements. These requirements may include:

1. Appropriate training by automotive mobility dealers regarding adapted

vehicle usage;

2. Driver evaluation by automotive mobility dealers; and

3. A requirement that automotive mobility dealers obtain and maintain

insurance in an amount to be established by the commission.

The commission shall have the power to promulgate any other regulations that

are necessary to implement this section.

(c) The commission shall immediately suspend the license of an automotive

mobility dealer if it determines that the dealer has sold or modified a vehicle

that does not comply with this section or any administrative regulations

promulgated thereunder. A dealer whose license is suspended under this

paragraph shall be permitted to appeal the suspension in accordance with KRS

Chapter 13B.

(3) A licensed automotive mobility dealer shall have the right to display, inventory,

advertise, and offer for sale any adapted vehicle.
KRS § 194A.180 — KY Code / Title XVII / Chapter 194A / Section 194A.180
194A.180 Administrative regulations and decisions of various bodies transferred to Advisory Council for Medical Assistance
Status: repealed

194A.180 Administrative regulations and decisions of various bodies transferred to

Advisory Council for Medical Assistance.

All administrative regulations, acts, determinations, and decisions of and by the corporate

bodies or instrumentalities of the Commonwealth, advisory committees, interstate

compacts, or other statutory bodies, transferred in whole or in part to the Advisory

Council for Medical Assistance, shall remain in effect as the administrative regulations,

acts, determinations, and decisions of the cabinet unless duly modified or repealed by the

secretary.
KRS § 457.080 — KY Code / Title XLII / Chapter 457 / Section 457.080
457.080 Nomination of conservator or guardian -- Relation of agent to court-appointed fiduciary
Status: in_force

457.080 Nomination of conservator or guardian -- Relation of agent to court-

appointed fiduciary.

(1) In a power of attorney, a principal may nominate a limited conservator, conservator,

limited guardian, or guardian of the principal's estate or a limited guardian or

guardian of the principal's person for consideration by the court if protective

proceedings for the principal's estate or person are begun after the principal

executes the power of attorney. As outlined in KRS 387.600, the nomination shall

be treated as an indication of the principal's preference as to the person or entity to

be appointed as his or her limited conservator, conservator, limited guardian, or

guardian, and the court shall give the preference due consideration.

(2) If, after a principal executes a power of attorney, a court appoints a limited

conservator, conservator, limited guardian, or guardian of the principal's estate or

other fiduciary charged with the management of some or all of the principal's

property, the power of attorney shall terminate unless the court specifically provides

that it shall remain in effect.
KRS § 365.780 — KY Code / Title XXIX / Chapter 365 / Section 365.780
365.780 Definitions for KRS 365.780 to 365.784
Status: in_force

365.780 Definitions for KRS 365.780 to 365.784.

As used in KRS 365.780 to 365.784:

(1) "Performing group" means a vocal or instrumental group of one (1) or more

members that intends to advertise or perform under the name of a recording group

or a name confusingly similar to a recording group;

(2) "Recording group" means a vocal or instrumental group of one (1) or more

members, at least one (1) of whose members previously released a commercial

sound recording under that group's name and the legal rights to which have not been

abandoned; and

(3) "Sound recording" means a work that results from the fixation of a series of

musical, spoken, or other sounds, regardless of the nature of the material object,

such as a phonograph, disc, tape, wire, digital storage, or other medium, in which

sounds are embodied.
KRS § 35.235 — KY Code / Title V / Chapter 35 / Section 35.235
35.235 Refusal to appear or testify
Status: in_force

35.235 Refusal to appear or testify.

(1) Any person not subject to this code, who:

(a) Has been duly subpoenaed to appear as a witness or to produce books and

records before a court-martial or court of inquiry, or before any military or

civil officer designated to take a deposition to be read in evidence before such

a court;

(b) Has been duly paid or tendered the fees and mileage of a witness at the rates

allowed to witnesses attending a criminal court of the state; and

(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to

testify or to produce any evidence which that person may have been legally

subpoenaed to produce;

may be punished by the military court in the same manner as a criminal court of the

state.

(2) The fees and mileage of witnesses shall be advanced or paid out of the

appropriations for the compensation of witnesses.
KRS § 107.040 — KY Code / Title IX / Chapter 107 / Section 107.040
107.040 Public hearing -- Record -- Owners of affected property to be heard -- Written statements -- Vote -- Results to be included in report
Status: in_force

107.040 Public hearing -- Record -- Owners of affected property to be heard --

Written statements -- Vote -- Results to be included in report.

A public hearing shall be held at the time and place designated in the first ordinance. Any

person qualifying under the provisions of KRS 107.030 may preside and conduct such

hearing. Such presiding person, or any person whom he or she may designate, shall make

reasonable notes or minutes of the proceedings, and the same shall be submitted in

writing to a subsequent regularly scheduled meeting of the governing body. Any owner of

property intended to be benefited by the proposed improvement project may be heard at

such public hearing, in person or by a representative. Any such owner may submit to the

person presiding, or to the designated clerk, if one (1) be designated, a written instrument

in which such owner is identified by name, address, and designation of the property

owned, and containing a statement of any reason for advocating, or objecting to, any of

the aspects of the proposed improvement project as set forth in subsection (1), (2), (3), or

(4) of KRS 107.030, and such written instruments shall be attached to, or included in, the

written report of the hearing. Whether or not any such written instruments are submitted,

the person presiding at such hearing may require those in attendance to identify

themselves as owners of property to be benefited, or otherwise, and may call for a vote of

such identified owners, by secret ballot or show-of-hands, on any pertinent controversial

matter, and the results thereof shall be included in the subsequent written report to the

governing body. The presiding officer may impose reasonable rules upon the conduct of

the public hearing. Reports of local health agencies, summaries, engineering and health

reports and other informative data may be made a part of the public hearing. The hearing

may be adjourned to convene again, and from time to time, either at a time and place

announced at the hearing, or any adjourned session, or upon public notice of such time

and place, to be given in such manner as the person presiding may announce prior to the

adjournment. If no owners of property to be benefited by the proposed project appear at

such hearing, or if no substantial controversy develops at such hearing, regarding any of

the matters enumerated in subsection (1), (2), (3), or (4) of KRS 107.030, the hearing may

be adjourned sine die by the person presiding, and such facts shall be set forth in the

written report to the governing body.
KRS § 273A.035 — KY Code / Title XXIII / Chapter 273A / Section 273A.035
273A.035 Power to sue or be sued
Status: in_force

273A.035 Power to sue or be sued.

(1) An unincorporated nonprofit association may sue or be sued in its own name.

(2) A member or manager may assert a claim the member or manager has against the

unincorporated nonprofit association. An association may assert a claim it has

against a member or manager.

(3) If the unincorporated nonprofit association has filed a statement of association and

the claim accrued on or after the effective date thereof, a member or manager in an

association is not a proper party to a proceeding to enforce that claim solely by

reason of being a member or manager.
KRS § 76.360 — KY Code / Title IX / Chapter 76 / Section 76.360
76.360 Assessment of benefited property -- Lien of assessment -- Payment
Status: in_force

76.360 Assessment of benefited property -- Lien of assessment -- Payment.

When the cost of construction of the planned sewers and/or drains has been ascertained,

the commission shall assess the property benefited in accordance with the classification

and area or other basis previously determined. From that date the assessment shall

constitute a lien against the property. The landowner may pay the assessment in full at

any time within thirty (30) days after notice of assessment. Every property owner not

paying the full amount of his assessment within thirty (30) days shall be presumed to

have consented to the issuing of sewer construction bonds.
KRS § 645.250 — KY Code / Title LI / Chapter 645 / Section 645.250
645.250 Authority to promulgate administrative regulations
Status: in_force

645.250 Authority to promulgate administrative regulations.

(1) The cabinet may promulgate administrative regulations to implement the provisions

of this chapter.

(2) The Department of Juvenile Justice may promulgate administrative regulations to

implement the provisions of this chapter.

(3) The cabinet shall promulgate administrative regulations to insure that necessary and

appropriate treatment is provided to children hospitalized under this chapter,

including the establishment of:

(a) Reasonable time periods in which an individualized written treatment plan

shall be developed, reviewed, and revised in accordance with each child's

needs and progress; and

(b) Procedures so that a hospitalized child, his parent or other person exercising

custodial control or supervision, including the state if applicable, can obtain

an independent medical review of the appropriateness of decisions made to

continue hospitalization or to discharge a child.

(4) The cabinet and the department shall not promulgate administrative regulations

under this chapter which conflict.
KRS § 211.850 — KY Code / Title XVIII / Chapter 211 / Section 211.850
211.850 Injunction against violations
Status: in_force

211.850 Injunction against violations.

Whenever, in the opinion of the Attorney General or the secretary of the Cabinet for

Health and Family Services, the person is violating or is about to violate any of the

provisions of KRS 211.842 to 211.852, or any regulation lawfully promulgated pursuant

thereto, the Attorney General or the secretary may apply to the appropriate court for an

order enjoining the person from engaging or continuing to engage in the violative act, and

upon a showing that such person has engaged or is about to engage in such activity, a

restraining order or permanent or temporary injunction, or any other appropriate order

shall be granted.
KRS § 500.070 — KY Code / Title L / Chapter 500 / Section 500.070
500.070 Burden of proof -- Defenses
Status: in_force

500.070 Burden of proof -- Defenses.

(1) The Commonwealth has the burden of proving every element of the case beyond a

reasonable doubt, except as provided in subsection (3). This provision, however,

does not require disproof of any element that is entitled a "defense," as that term is

used in this code, unless the evidence tending to support the defense is of such

probative force that in the absence of countervailing evidence the defendant would

be entitled to a directed verdict of acquittal.

(2) No court can require notice of a defense prior to trial time.

(3) The defendant has the burden of proving an element of a case only if the statute

which contains that element provides that the defendant may prove such element in

exculpation of his conduct.
KRS § 148.0225 — KY Code / Title XII / Chapter 148 / Section 148.0225
148.0225 No waiver of landowner protections of KRS 411.190
Status: in_force

148.0225 No waiver of landowner protections of KRS 411.190.

A participating landowner who has a contractual agreement with the KMRRA for use

of private land as part of the KMRA does not waive any protection granted to the

landowner by KRS 411.190.
KRS § 407.5208 — KY Code / Title XXXV / Chapter 407 / Section 407.5208
407.5208 Child support orders for two or more obligees
Status: in_force

407.5208 Child support orders for two or more obligees.

In responding to registrations or petitions for enforcement of two (2) or more child

support orders in effect at the same time with regard to the same obligor and different

individual obligees, at least one (1) of which was issued by a tribunal of another state or a

foreign country, a tribunal of this state shall enforce those orders in the same manner as if

the orders had been issued by a tribunal of this state.
KRS § 372.990 — KY Code / Title XXX / Chapter 372 / Section 372.990
372.990 Penalties
Status: in_force

372.990 Penalties.

Any person who violates any of the provisions of subsection (2) of KRS 372.140 shall

forfeit one thousand dollars ($1,000) to the defendant, and shall be liable to damages at

the suit of the party aggrieved.