FrankGoortani/open-us-law huggingface dataset:
KRS § 367.93103 — KY Code / Title XXIX / Chapter 367 / Section 367.93103
367.93103 Funeral planning declarations
Status: in_force

367.93103 Funeral planning declarations.

(1) A person who is of sound mind and is at least eighteen (18) years of age may

execute a declaration.

(2) (a) A declaration shall not be included in:

1. A will;

2. A power of attorney; or

3. A similar document.

(b) If a declaration is included in any of the documents listed in paragraph (a) of

this subsection, it shall not invalidate the document but the declaration

contained therein is not enforceable.

(3) A declaration shall designate an individual to serve as the designee, or if no

designee is designated shall provide instruction concerning funeral services,

ceremonies, and the disposition of remains after death.

(4) A declaration, at a minimum, shall be:

(a) Voluntary;

(b) In writing;

(c) Signed by the declarant or by another person in the declarant's presence and at

the direction of the declarant;

(d) Dated;

(e) Signed in the presence of at least two (2) competent witnesses who are at least

eighteen (18) years of age at the time they sign the declaration; and

(f) Acknowledged before a notary public or other person authorized to administer

oaths.

(5) A declaration is not binding upon a funeral home, a cemetery, or any person

engaged in the business of providing funeral services, selling merchandise or grave

markers, or providing a service or other property subject to the declaration until the

funeral home, cemetery, or person receives full payment for the service,

merchandise, or other property.

(6) A person is not considered to be entitled to any part of the declarant's estate solely

by virtue of being designated by the declarant to serve as his or her designee.

(7) Unless an individual is related to the declarant by birth, marriage, or adoption, a

declarant shall not designate an individual to be his or her designee or alternate

designee who is:

(a) A provider of funeral or cemetery services; or

(b) Employed by any entity that is responsible for providing funeral or cemetery

services or disposing of the declarant's remains.

(8) The following shall not be a witness to a declaration:

(a) The person who signed the declaration on behalf of and at the direction of the

declarant; or

(b) The person identified as the designee.
KRS § 212.070 — KY Code / Title XVIII / Chapter 212 / Section 212.070
212.070 Establishment by election
Status: in_force

212.070 Establishment by election.

If the fiscal court of any county fails to establish a county department of health, as

authorized in KRS 212.040, the citizens of the county may have such county established

as a county department of health in accordance with the provisions of KRS 212.080.
KRS § 6.131 — KY Code / Title II / Chapter 6 / Section 6.131
6.131 Resolutions and orders -- How enforced
Status: in_force

6.131 Resolutions and orders -- How enforced.

Resolutions of imprisonment and orders of either house shall be executed by the sergeant-

at-arms of that house, or by any sheriff to whom the order is directed.
KRS § 6.130 — KY Code / Title II / Chapter 6 / Section 6.130
6.130 Collection of fine
Status: in_force

6.130 Collection of fine.

If a fine is imposed under KRS 6.080, it may be collected by action in the Franklin

Circuit Court by the Attorney General, in the name of the Commonwealth, and the

proceedings shall be the same as in civil cases instituted by the Commonwealth for the

collection of debt.
KRS § 67A.880 — KY Code / Title IX / Chapter 67A / Section 67A.880
67A.880 Action by property owner for relief from ordinance of determination
Status: in_force

67A.880 Action by property owner for relief from ordinance of determination.

(1) Any owner of property to be benefited by the wastewater collection project may,

within thirty (30) days after passage and publication of the ordinance of

determination:

(a) File an action in the Circuit Court of the county in which the urban-county

government is situated seeking relief by declaratory judgment, injunction or

otherwise; or

(b) File in the office of the clerk of the urban-county government a written

statement of intent to file such an action endorsed by a licensed attorney-at-

law to the effect that in his opinion his client has a reasonable and legitimate

probable cause for such proposed litigation, in which event the time for filing

the action shall be extended for fifteen (15) days after the date the statement is

filed.

(2) In the event of the occurrence of either (a) or (b) above, all proceedings of the

government with respect to the proposed wastewater collection project shall be

abated until final judicial determination of the controversies presented thereby. In

the absence of action by any owner of property proposed to be benefited as herein

provided, the provisions of the ordinance of determination shall be final and

binding. After the lapse of time as herein provided, all actions by owners of

properties to be benefited shall be forever barred.
KRS § 517.100 — KY Code / Title L / Chapter 517 / Section 517.100
517.100 Receiving deposits in failing financial institution
Status: in_force

517.100 Receiving deposits in failing financial institution.

(1) A person is guilty of receiving deposits in a failing financial institution when, as an

officer, manager or other person participating in the direction of a financial

institution, he knowingly receives or permits the receipt of a deposit or other

investment, knowing that the institution is insolvent.

(2) A financial institution is insolvent within the meaning of this section when it is

unable to pay its obligations in the ordinary or usual course of business for any

reason.

(3) Receiving deposits in a failing financial institution is a Class D felony.
KRS § 16.174 — KY Code / Title III / Chapter 16 / Section 16.174
16.174 Missing adult notification system -- Kentucky Ashanti Alert System -- Requirements -- Notification by department -- Cooperation by all law enforcement agencies
Status: in_force

16.174 Missing adult notification system -- Kentucky Ashanti Alert System --

Requirements -- Notification by department -- Cooperation by all law

enforcement agencies.

(1) The Department of Kentucky State Police, in cooperation with the Transportation

Cabinet, the Division of Emergency Management, and media providers, shall create

and operate a system to notify the public when any individual is determined to be a

missing adult and the department determines that public notification might aid in

the recovery of the individual. The system shall be known as the Kentucky Ashanti

Alert System.

(2) The system shall utilize existing resources, including but not limited to electronic

highway signs, the Amber Alert System, the emergency broadcast system, law

enforcement communications systems, and local, regional, and statewide media

providers, as authorized and under conditions permitted by the federal government.

(3) No public alert using the system shall be issued unless the department, in

consultation with the law enforcement agency in the jurisdiction where the missing

adult was reported, has determined the geographic area in which the notification

shall be made, and has reasonable cause to believe:

(a) That the disappearance of the missing adult may not have been voluntary,

including an abduction or kidnapping, or that the physical safety of the

missing adult may be endangered; and

(b) That public notification is the most appropriate method of recovering the

missing adult in a safe and efficient manner.

(4) If it is determined by the department that public notification shall be initiated, the

department shall notify and provide the public and private agencies and

organizations that will provide the notification with the information that the

department deems necessary.

(5) All law enforcement agencies in the Commonwealth shall cooperate with the

department in the provision and dissemination of information regarding any missing

adult.

(6) No law enforcement agency, other than the department, shall activate the

notification system specified in this section without the authority of the department.

(7) The system shall be operated by all agencies of the Commonwealth within existing

budgetary appropriations.
KRS § 91A.380 — KY Code / Title IX / Chapter 91A / Section 91A.380
91A.380 Membership of joint recreational, tourist and convention commissions -- Terms -- Officers and employees -- Audits -- Removal of commissioners -- Compliance with KRS 65A.010 to 65A.090
Status: in_force

91A.380 Membership of joint recreational, tourist and convention commissions --

Terms -- Officers and employees -- Audits -- Removal of commissioners --

Compliance with KRS 65A.010 to 65A.090.

(1) The commission established pursuant to KRS 91A.350(3) shall be composed of six

(6) members from each county to be appointed by the county judge/executive, with

the approval of the fiscal court in the following manner:

(a) Two (2) commissioners with an accounting, finance, or business background,

one (1) of whom is a member of the local chamber of commerce;

(b) One (1) commissioner selected from the public at large;

(c) One (1) commissioner from the General Assembly;

(d) One (1) commissioner representing local restaurants; and

(e) One (1) commissioner representing local hotels and motels.

(2) Vacancies shall be filled in the same manner that original appointments are made.

(3) The commissioners shall be appointed for terms of three (3) years, provided that in

making the initial appointments, the county judge/executive shall appoint two (2)

commissioners for a term of three (3) years, two (2) commissioners for a term of

two (2) years, and two (2) commissioners for a term of one (1) year.

(4) The commission shall elect from its membership a chairman and a treasurer, and

may employ such personnel and make such contracts as are necessary to effectively

carry out the purpose of KRS 91A.345 to 91A.394. Such contracts may include but

shall not be limited to the procurement of promotional services, advertising services

and other services and materials relating to the promotion of tourist and convention

business.

(5) The books of the commission and its account as established in KRS 91A.390(2)

shall be audited as provided in KRS 65A.030. The independent certified public

accountant or Auditor of Public Accounts shall make a report to the commission, to

the organizations submitting names from which commission members are selected,

and to the county judge/executive of each county. A copy of the audit report shall

be made available by the commission to members of the public upon request and at

no charge.

(6) A commissioner may be removed from office as provided by KRS 65.007.

(7) The commission shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 198A.130 — KY Code / Title XVII / Chapter 198A / Section 198A.130
198A.130 Holders of corporate obligations granted legal rights to enforce duties of the corporation
Status: in_force

198A.130 Holders of corporate obligations granted legal rights to enforce duties of

the corporation.

Any holder of obligations issued under the provisions of this chapter or any coupons

appertaining thereto, and the trustee under any trust agreement or resolution authorizing

the issuance of such obligations, except the rights herein given may be restricted by such

trust agreement or resolution, may, either at law or in equity, by suit, action, mandamus or

other proceeding, protect and enforce any and all rights under the laws of the state or

granted hereunder or under such trust agreement or resolution, or under any other contract

executed by the corporation pursuant to this chapter, and may enforce and compel the

performance of all duties required by this chapter or by such trust agreement or resolution

to be performed by the corporation or by any officer thereof.
KRS § 11A.206 — KY Code / Title III / Chapter 11A / Section 11A.206
11A.206 Requirements for executive agency lobbyists, their employers, and real parties in interest
Status: in_force

11A.206 Requirements for executive agency lobbyists, their employers, and real

parties in interest.

(1) An executive agency lobbyist, employer, or real party in interest shall not

knowingly fail to register as required under KRS 11A.211.

(2) An executive agency lobbyist, employer, or real party in interest shall not

knowingly fail to keep a receipt or maintain a record that KRS 11A.216 requires the

person to keep or maintain.

(3) An executive agency lobbyist, employer, or real party in interest shall not

knowingly fail to file a statement that KRS 11A.216 requires the person to file.
KRS § 202B.190 — KY Code / Title XVII / Chapter 202B / Section 202B.190
202B.190 Disclosure of professional communications
Status: in_force

202B.190 Disclosure of professional communications.

In proceedings under this chapter, there shall be no privilege as to any relevant

communications between qualified professionals in the area of intellectual disabilities and

patients. Qualified professionals in the area of intellectual disabilities may disclose

communications relating to diagnosis and treatment of the patient's mental condition.
KRS § 96.538 — KY Code / Title IX / Chapter 96 / Section 96.538
96.538 Right of existing utility in annexed area
Status: in_force

96.538 Right of existing utility in annexed area.

(1) Any utility providing electric service in any area annexed, subsequent to June 16,

1960, by any municipality shall have the dominant right to continue to provide

electric service in said area to consumers then being served and to new consumers

located nearer to its facilities than to the facilities of any other utility as all those

facilities were located immediately prior to annexation.

(2) Any utility providing water, sewer or gas service in any area annexed, subsequent to

July 15, 1980, by any municipality shall have the dominant right to continue to

provide water, sewer or gas service in said area to consumers then being served and

to new consumers located nearer to its facilities than to the facilities of any other

utility as all those facilities were located immediately prior to annexation.
KRS § 18A.180 — KY Code / Title III / Chapter 18A / Section 18A.180
18A.180 Extension of system to other governmental units
Status: in_force

18A.180 Extension of system to other governmental units.

(1) Subject to the approval of the board, the secretary may enter into agreements with

any municipality or other political subdivision of the Commonwealth to furnish

services and facilities of the cabinet to the municipality or political subdivision in

the administration of its personnel on merit principles. Any such agreement shall

provide for the reimbursement to the cabinet, under contract, of the reasonable cost

of the services and facilities furnished, as determined by the secretary. All

municipalities and political subdivisions of the Commonwealth are hereby

authorized to enter into these agreements.

(2) The secretary may cooperate with the governmental agencies of other jurisdictions

charged with personnel administration in conducting joint tests and establishing

joint lists from which eligibles shall be certified for appointment in accordance with

the provisions of KRS 18A.005 to 18A.200.

(3) The secretary may, upon the request of the secretary of the Cabinet for Health and

Family Services and upon the approval of the board, furnish merit system services

to "local" departments of health.
KRS § 417.090 — KY Code / Title XXXVII / Chapter 417 / Section 417.090
417.090 Hearing
Status: in_force

417.090 Hearing.

Unless otherwise provided by the agreement:

(1) The arbitrators shall appoint a time and place for the hearing and cause notification

to the parties to be served personally or by certified mail not less than five (5) days

before the hearing. Appearance at the hearing waives such notice. The arbitrators

may adjourn the hearing from time to time as necessary and, on request of a party

and for good cause, or upon their own motion may postpone the hearing to a time

not later than the date fixed by the agreement for making the award, unless the

parties consent to a later date. The arbitrators may hear and determine the

controversy upon the evidence produced notwithstanding the failure of a party duly

notified to appear. The court on application may direct the arbitrators to proceed

promptly with the hearing and determination of the controversy.

(2) The parties are entitled to be heard, to present evidence material to the controversy

and to cross-examine witnesses appearing at the hearing.

(3) The hearing shall be conducted by all the arbitrators but a majority may determine

any question and render a final award. If, during the course of the hearing, an

arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators

appointed to act as neutrals may continue with the hearing and determination of the

controversy.
KRS § 330.032 — KY Code / Title XXVI / Chapter 330 / Section 330.032
330.032 License required for real estate sales at auction -- Collaboration between auctioneer and real estate broker
Status: in_force

330.032 License required for real estate sales at auction -- Collaboration between

auctioneer and real estate broker.

(1) A licensed auctioneer shall not sell real estate at auction without a real estate

broker's license.

(2) A licensed real estate broker shall not sell real estate at auction without an

auctioneer's license.

(3) Notwithstanding the provisions set forth in KRS 426.522, an auctioneer and real

estate broker may collaborate in conducting the sale of real estate at auction. When

an auctioneer and real estate broker collaborate in the conduct of a sale of real estate

at auction, a real estate broker shall be paid for services rendered as a broker, and an

auctioneer shall be paid for services rendered as an auctioneer.
KRS § 76.400 — KY Code / Title IX / Chapter 76 / Section 76.400
76.400 Exemption from KRS 76.085 -- Exception
Status: in_force

76.400 Exemption from KRS 76.085 -- Exception.

Any sewer construction district created in the manner provided in KRS 76.300 to 76.325

is exempt from the provisions of KRS 76.085, subsections (2) and (3), except when said

sewer construction district empties its effluent into mains or plants operated by

metropolitan sewer district.
KRS § 39A.990 — KY Code / Title V / Chapter 39A / Section 39A.990
39A.990 Penalty
Status: in_force

39A.990 Penalty.

Any person violating any provision of this chapter or any administrative regulation or

order promulgated pursuant to this chapter for which another penalty is not specified

shall be fined an amount not to exceed one hundred dollars ($100) for a first offense

and not to exceed two hundred fifty dollars ($250) for each subsequent offense.
KRS § 139.365 — KY Code / Title XI / Chapter 139 / Section 139.365
139.365 Exemption from collection duty for out-of-state commercial printers and mailers
Status: in_force

139.365 Exemption from collection duty for out-of-state commercial printers and

mailers.

(1) Notwithstanding KRS 139.340, a commercial printer or mailer engaged in business

in this state shall not be required to collect use tax on sales of printing, advertising

and promotional direct mail, or other direct mail that are printed out of state and

delivered out of state to the United States Postal Service for mass mailing to third-

party Kentucky residents who are not purchasers of the advertising and promotional

direct mail or other direct mail if the commercial printers or mailers:

(a) Maintain records relating to those sales to assist the department in the

collection of use tax; and

(b) File reports as provided by KRS 139.730 if requested by the department.

(2) If the commercial printer or mailer complies with the provisions of subsection (1) of

this section, the purchaser of the printing, advertising and promotional direct mail,

or other direct mail shall have the sole responsibility for reporting and paying the

use tax imposed by KRS 139.310.
KRS § 367.976 — KY Code / Title XXIX / Chapter 367 / Section 367.976
367.976 Definitions for KRS 367.976 to 367.985
Status: in_force

367.976 Definitions for KRS 367.976 to 367.985.

As used in KRS 367.976 to 367.985:

(1) "Advertisement" means a commercial message in any medium that aids, promotes,

or assists directly or indirectly a rental-purchase agreement, excluding in-store

merchandising aids;

(2) "Cash price" means the price at which the lessor would have sold the property to

the consumer for cash on the date of the rental-purchase agreement;

(3) "Consumer" means a natural person who rents personal property under a rental-

purchase agreement;

(4) "Consummation" means the time a consumer becomes contractually obligated on a

rental-purchase agreement;

(5) "Lessor" means a person who, in the ordinary course of business, regularly leases,

offers to lease, or arranges for the leasing of property under a rental-purchase

agreement;

(6) "Office" means the Office of Consumer Protection in the Office of the Attorney

General; and

(7) (a) "Rental-purchase agreement" means an agreement for the use of personal

property by a natural person primarily for personal, family, or household

purposes, for an initial period of four (4) months or less, whether or not there

is any obligation beyond the initial period, that is automatically renewable

with each payment and that permits the consumer to become the owner of the

property.

(b) The term rental-purchase agreement shall not be construed to be, nor be

governed by, any of the following:

1. A lease or agreement which constitutes a credit sale as defined in 12

C.F.R. part 226.2(a)(16) and Section 1602(h) of the Truth in Lending

Act, 15 U.S.C. sec. 1601 et seq.;

2. A lease which constitutes a consumer lease as defined in 12 C.F.R. part

213.2(e)(1);

3. Any lease for agricultural, business, or commercial purposes;

4. Any lease made to an organization;

5. A lease or agreement which constitutes a retail installment transaction or

retail installment contract as defined in KRS 371.210;

6. A security interest as defined in KRS 355.1-201; or

7. A home solicitation sale as that term is defined in KRS 367.410.
KRS § 211.580 — KY Code / Title XVIII / Chapter 211 / Section 211.580
211.580 Breast cancer research and education trust fund
Status: in_force

211.580 Breast cancer research and education trust fund.

(1) The breast cancer research and education trust fund is created as a separate

revolving fund. The trust fund shall consist of funds collected from the income tax

checkoff created under KRS 141.446 and any other proceeds from grants,

contributions, appropriations, or other moneys made available for the purposes of

the trust fund.

(2) Trust fund amounts not expended at the close of a fiscal year shall not lapse but

shall be carried forward to the next fiscal year.

(3) Any interest earnings of the trust fund shall become a part of the trust fund and shall

not lapse.

(4) Trust fund moneys shall be used to support breast cancer research, education,

treatment, screening, and awareness in Kentucky. Funds shall be distributed as

directed by the Breast Cancer Research and Education Trust Fund Board established

by KRS 211.585.

(5) Moneys transferred to the trust fund pursuant to KRS 141.446 are hereby

appropriated for the purposes set forth in KRS 211.580 to 211.590.