FrankGoortani/open-us-law huggingface dataset:
KRS § 171.315 — KY Code / Title XIV / Chapter 171 / Section 171.315
171.315 Headquarters of society -- Priority for maintenance
Status: in_force

171.315 Headquarters of society -- Priority for maintenance.

(1) The headquarters of the Kentucky Historical Society shall be located in the Thomas

D. Clark Center for Kentucky History, and the society shall control in all respects

the manner in which the grounds surrounding the center, the building, and the space

therein, shall be used. The society shall exercise the same control over the Old State

Capitol Building, and the society shall use the Old State Capitol Building for

purposes of the society as it shall deem necessary and proper. The grounds around

the Old State Capitol Building and its annex, the grounds being now bounded by

Broadway, Clinton, and Lewis Streets, and adjoining the federal property occupied

by the John C. Watts Building, shall be subject to the control of the society and be

used by the society, for purposes of the society as it shall deem necessary and

proper. Major alterations or other changes concerning the building, annex, or

grounds shall be made under the authority of the governing board of the Kentucky

Historical Society and under the general supervision of the executive director who

shall determine the nature and extent of any work to be done so as to protect the

architectural integrity of the original structures. The maintenance and security of the

building, annex, and grounds shall be the responsibility of the Finance and

Administration Cabinet and shall be of highest priority among the other

responsibilities of the state for capital construction, maintenance, or security. At the

direction of the governing board, the executive director of the society may request

the Finance and Administration Cabinet to perform, or cause to be performed, any

work he deems necessary for the proper preservation and protection of the

properties. The work shall either be undertaken within no less than sixty (60) days

from the date of notification to the Finance and Administration Cabinet, or the

secretary of the cabinet shall show cause, in writing, to the governing board and the

executive director why such work was not undertaken.

(2) No part of, or interest in, the real property hereinabove specified shall be leased,

sold, or otherwise disposed of under any circumstances. The real property, including

the building interiors, shall be maintained and preserved in a manner consistent with

the best interests of the Commonwealth.
KRS § 157.915 — KY Code / Title XIII / Chapter 157 / Section 157.915
157.915 Functions of council
Status: in_force

157.915 Functions of council.

The functions of the council shall be to:

(1) Create and update annually a five (5) year management and operational plan to

make as effective as possible the coordination, delivery, and marketing of all state

environmental education programs;

(2) Establish an interagency subcommittee to advise the council on environmental

education matters;

(3) Establish and help coordinate the activities of regional environmental education

centers and advisory committees at all state universities and at the central office of

the Kentucky Community and Technical College System to serve as networks for

the dissemination of environmental education programs, materials, and information

across the state;

(4) Establish a competitive system for awarding grants for the establishment and

maintenance of regional environmental education centers;

(5) Seek and receive private support to fund state and regional environmental education

initiatives;

(6) Assist in the integration and evaluation of environmental education in existing

school curricula;

(7) Monitor and report periodically on environmental literacy in Kentucky and

continually assess trends and needs in environmental education on a local, state,

national, and global basis; and

(8) Make recommendations and seek changes through regulations, legislation, and other

means to promote environmental literacy in Kentucky.
KRS § 189.4595 — KY Code / Title XVI / Chapter 189 / Section 189.4595
189.4595 Exemption from local motor vehicle licenses and fees for disabled veterans or Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, or Air Force Cross recipients -- Extension of legal parking period
Status: in_force

189.4595 Exemption from local motor vehicle licenses and fees for disabled

veterans or Congressional Medal of Honor, Distinguished Service Cross, Navy

Cross, or Air Force Cross recipients -- Extension of legal parking period.

(1) Any other provision of law to the contrary notwithstanding, a city, county, town, or

other political subdivision of this state shall not require any license or fee from a

disabled veteran, recipient of the Congressional Medal of Honor, or recipient of the

Distinguished Service Cross, Navy Cross, or Air Force Cross who has been issued a

special military-related license plate under KRS 186.041, for the privilege of

operating a motor vehicle upon any street or alley.

(2) When a motor vehicle bearing a special military-related license plate for disabled

veterans, recipients of the Congressional Medal of Honor, or recipients of the

Distinguished Service Cross, Navy Cross, or Air Force Cross is being operated by

or for the benefit of the person, the motor vehicle may be parked for a period of two

(2) hours in excess of the legal parking period permitted by local authorities unless

a local ordinance or police regulation:

(a) Prohibits parking on a highway for the purpose of creating a fire lane:

(b) Provides for the accommodation of heavy traffic during morning, afternoon,

or evening hours; or

(c) Prohibits parking a motor vehicle in a manner as to clearly be a traffic hazard.
KRS § 278.290 — KY Code / Title XXIV / Chapter 278 / Section 278.290
278.290 Valuation of utility property in connection with rates, service or issuance of securities -- Unit rate base
Status: in_force

278.290 Valuation of utility property in connection with rates, service or issuance

of securities -- Unit rate base.

(1) Subject to the provisions of subsection (2) of this section, the commission may

ascertain and fix the value of the whole or any part of the property of any utility in

so far as the value is material to the exercise of the jurisdiction of the commission,

and may make revaluations from time to time and ascertain the value of all new

construction, extensions and additions to the property of the utility. In fixing the

value of any property under this subsection, the commission shall give due

consideration to the history and development of the utility and its property, original

cost, cost of reproduction as a going concern, capital structure, and other elements

of value recognized by the law of the land for rate-making purposes.

(2) The commission shall not value or revalue the property of any utility unless the

valuation or revaluation is necessary or advisable in order to determine the legality

or reasonableness of any rate or service or of the issuance of securities, and then

only after an investigation affecting the rate, service or securities has been instituted

by the commission upon complaint or application or upon its own motion, and a

hearing has been held on reasonable notice.

(3) In any rate investigation where the utility serves two (2) or more municipalities, the

commission may, in computing the rate of return on the property used and useful,

take as the base for the computation the valuation of the system as a whole, but may

make a differential in the case of an individual municipality in proportion to the

increased cost of service, if the utility can show that such a differential should be

allowed.
KRS § 362.511 — KY Code / Title XXIX / Chapter 362 / Section 362.511
362.511 Right of limited partner to bring derivative action
Status: in_force

362.511 Right of limited partner to bring derivative action.

A limited partner may bring an action in the right of a limited partnership to recover a

judgment in its favor if general partners with authority to do so have refused to bring the

action or if an effort to cause those general partners to bring the action is not likely to

succeed.
KRS § 251.020 — KY Code / Title XXI / Chapter 251 / Section 251.020
251.020 Powers and functions of state board -- Administrative regulations -- Cooperative agreements with state and federal agencies, universities, and other entities -- Application to Circuit Court for orders to enjoin -- Power to bring or defend civil actions -- Discipline of current or former licensees
Status: in_force

251.020 Powers and functions of state board -- Administrative regulations --

Cooperative agreements with state and federal agencies, universities, and other

entities -- Application to Circuit Court for orders to enjoin -- Power to bring or

defend civil actions -- Discipline of current or former licensees.

The board shall have the following powers, and all powers incidental or necessary to

same, in carrying out the duties set forth in KRS 251.340, in addition to the powers

enumerated elsewhere within this chapter and in other chapters to:

(1) Promulgate administrative regulations, in conjunction with the department,

necessary for the proper administration and enforcement of the provisions of this

chapter, and for the accomplishment of the purposes intended by this chapter;

(2) Enter into cooperative agreements with state agencies, federal agencies, universities,

and other entities;

(3) Make application to the Franklin Circuit Court, or a Circuit Court in the county

where the licensed grain facility is located, for an order enjoining actions on the part

of any person that would constitute a violation of any section of this chapter or any

administrative regulation promulgated under the authority of this chapter;

(4) Bring or defend civil actions that relate to the provisions of this chapter, the

department's actions, or the board's actions under the authority of this chapter. Legal

expenses incurred shall be approved for payment by the board; and

(5) Take disciplinary action against any current or former licensee.
KRS § 199.881 — KY Code / Title XVII / Chapter 199 / Section 199.881
199.881 Legislative findings and declarations
Status: in_force

199.881 Legislative findings and declarations.

The General Assembly finds and declares that the purpose of KRS 199.881 to 199.888

and 199.990(8) is to support Kentucky families by incentivizing employers to contribute

to the child-care costs of its employees. In enacting this legislation, it is the intention of

the General Assembly to enable the Cabinet for Health and Family Services to facilitate

this public and private partnership program, herein known as the Employee Child Care

Assistance Partnership, and administer program funds to achieve this purpose.
KRS § 378A.040 — KY Code / Title XXXI / Chapter 378A / Section 378A.040
378A.040 Transfer or obligation voidable as to present or future creditor
Status: in_force

378A.040 Transfer or obligation voidable as to present or future creditor.

(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor,

whether the creditor's claim arose before or after the transfer was made or the

obligation was incurred, if the debtor made the transfer or incurred the obligation:

(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(b) Without receiving a reasonably equivalent value in exchange for the transfer

or obligation, and the debtor:

1. Was engaged or was about to engage in a business or a transaction for

which the remaining assets of the debtor were unreasonably small in

relation to the business or transaction; or

2. Intended to incur, or believed or reasonably should have believed that

the debtor would incur, debts beyond the debtor's ability to pay as they

became due.

(2) In determining actual intent under subsection (1)(a) of this section, consideration

may be given, among other factors, to whether:

(a) The transfer or obligation was to an insider;

(b) The debtor retained possession or control of the property transferred after the

transfer;

(c) The transfer or obligation was disclosed or concealed;

(d) Before the transfer was made or obligation was incurred, the debtor had been

sued or threatened with suit;

(e) The transfer was of substantially all the debtor's assets;

(f) The debtor absconded;

(g) The debtor removed or concealed assets;

(h) The value of the consideration received by the debtor was reasonably

equivalent to the value of the asset transferred or the amount of the obligation

incurred;

(i) The debtor was insolvent or became insolvent shortly after the transfer was

made or the obligation was incurred;

(j) The transfer occurred shortly before or shortly after a substantial debt was

incurred; and

(k) The debtor transferred the essential assets of the business to a lienor that

transferred the assets to an insider of the debtor.

(3) A creditor making a claim for relief under subsection (1) of this section has the

burden of proving the elements of the claim for relief by a preponderance of the

evidence.
KRS § 367.860 — KY Code / Title XXIX / Chapter 367 / Section 367.860
367.860 Definitions for KRS 367.865
Status: in_force

367.860 Definitions for KRS 367.865.

As used in KRS 367.865 unless the context requires otherwise:

(1) "Buyer" means any resident person who buys or contracts to buy a new motor

vehicle in the Commonwealth of Kentucky.

(2) "Manufacturer" means any person, resident or nonresident, who manufactures or

assembles new motor vehicles which are sold in the Commonwealth of Kentucky.

(3) "Motor vehicle" means any two (2) axle, motor-driven vehicle with at least four (4)

wheels which is required to be registered or licensed in the Commonwealth of

Kentucky before being operated upon the highways and is used or bought for use

primarily for personal, family, or household purposes.

(4) "New motor vehicle" means a motor vehicle which, after its final assembly, is either

in the possession of the manufacturer, factory branch or distributor, or an authorized

dealer operating under a franchise with the manufacturer, factory branch or

distributor, and the legal or equitable title to which has never been the subject of a

sale or transfer other than to another dealer operating under a similar franchise with

the same manufacturer, factory branch or distributor.

(5) "System" means an informal dispute resolution procedure adopted by each

manufacturer to resolve questions of law and fact relating to disputes between the

buyer and the manufacturer arising within the first two (2) years or twenty-five

thousand (25,000) miles of the buyer's ownership, whichever occurs first, including

but not limited to unsatisfactory warranty repairs of the buyer's motor vehicle,

mechanical malfunctions of the buyer's motor vehicle, or other problems relating to

the performance of the buyer's motor vehicle.
KRS § 146.555 — KY Code / Title XII / Chapter 146 / Section 146.555
146.555 Legislative finding
Status: in_force

146.555 Legislative finding.

The General Assembly hereby recognizes the benefit to the citizens of Kentucky of the

acquisition and maintenance of certain lands for use as state parks, recreation areas, state

forests, nature preserves, wildlife management areas, and wetlands. It is, therefore, in the

public interest to promote and fund the conservation of such areas.
KRS § 99.560 — KY Code / Title IX / Chapter 99 / Section 99.560
99.560 Assistance to urban renewal by communities and other public bodies
Status: in_force

99.560 Assistance to urban renewal by communities and other public bodies.

Any community or other public body is hereby authorized (without limiting any provision

in the preceding section) to do any and all things necessary to aid and cooperate in the

planning and undertaking of an urban renewal project in the area in which such

community or public body is authorized to act, including the furnishing of such financial

and other assistance as the community or public body is authorized by KRS 99.330 to

99.510 to furnish for or in connection with a redevelopment plan or redevelopment

project. An agency is hereby authorized to delegate to a community or other public body

any of the powers or functions of the agency with respect to the planning or undertaking

of an urban renewal project in the area in which such community or public body is

authorized to act, and such community or public body is hereby authorized to carry out or

perform such powers or functions for the agency. Any public body is hereby authorized to

enter into agreements (which may extend over any period, notwithstanding any provision

or rule of law to the contrary) with any other public body or bodies respecting action to be

taken pursuant to any of the powers granted by KRS 99.330 to 99.510 and KRS 99.520 to

99.590, including the furnishing of funds or other assistance in connection with an urban

renewal plan or urban renewal project.
KRS § 76.269 — KY Code / Title IX / Chapter 76 / Section 76.269
76.269 Other districts to become construction subdistricts when -- Incorporated in district when
Status: in_force

76.269 Other districts to become construction subdistricts when -- Incorporated in

district when.

A sanitation district organized under KRS 220.010 to 220.540, a sewer construction

district organized under KRS 76.300 to 76.420, and a sewage system owned by any

municipality, political subdivision, or any other entity, public or private, may be made a

construction subdistrict or incorporated into the district area by the board under the

conditions of this section.

(1) Any such district or system may be made a construction subdistrict only when:

(a) Express, written consent of all bondholders and secured creditors has been

obtained;

(b) The governing body or owner of such district or system has consented in

writing; and

(c) The board has determined that the policy of KRS 76.010 to 76.295 will best

be served by making such district or system a construction subdistrict.

(2) When such district or system has been made a construction subdistrict under

subsection (1), KRS 76.241 to 76.253 and KRS 76.257 to 76.259 shall not apply to

it.

(3) Any such district or system may be incorporated by the board into the district area

only when:

(a) All debts of the district or system have been paid or an amount of either

money or securities lawful as investments under KRS 386.020 has been laid

aside to pay them by the governing body or owner of such district or system;

(b) The governing body or owner of such district or system has consented in

writing;

(c) Such district or system is not within a sanitation tax district organized under

KRS 76.274; and

(d) The board has determined that the policy of KRS 76.010 to 76.210 will best

be served by incorporating such district or system into the district area.
KRS § 146.445 — KY Code / Title XII / Chapter 146 / Section 146.445
146.445 Coordination of activities of office and cabinet
Status: in_force

146.445 Coordination of activities of office and cabinet.

The office and the cabinet shall coordinate the activities of the office and those of the

cabinet in an effective and practical manner, allocating those activities and functions

pertaining to preservation and use of natural areas to the office.
KRS § 403.280 — KY Code / Title XXXV / Chapter 403 / Section 403.280
403.280 Temporary custody orders
Status: in_force

403.280 Temporary custody orders.

(1) A party to a custody proceeding may move for a temporary custody order. The

motion must be supported by an affidavit as provided in KRS 403.350. The court

may award temporary custody under the standards of KRS 403.270 after a hearing,

or, if there is no objection, solely on the basis of the affidavits. If the parents or a de

facto custodian joined under subsection (9) of this section present a temporary

custody agreement and mutually agreed plan for parenting time, and the court

confirms that the agreement adequately provides for the welfare of the child, the

agreement shall become the temporary custody order of the court.

(2) Subject to KRS 403.315, in making an order for temporary custody, there shall be a

presumption, rebuttable by preponderance of evidence, that it is in the best interest

of the child for the parents or a de facto custodian joined under subsection (9) of

this section to have temporary joint custody and share equally in parenting time.

(3) If a deviation from equal parenting time is warranted, the court shall construct a

parenting time schedule which maximizes the time each parent or de facto custodian

joined under subsection (9) of this section has with the child and is consistent with

ensuring the child's welfare.

(4) Each temporary custody order shall include specific findings of fact and conclusions

of law, except when the court confirms the agreement of the parties.

(5) Any temporary custody order shall address the circumstance in which physical

possession of the child will be exchanged.

(6) Modification of a temporary custody order may be sought when there is a material

and substantial change in the circumstances of the parents, de facto custodian, or

child.

(7) If a proceeding for dissolution of marriage or legal separation is dismissed, any

temporary custody order is vacated unless a parent or the child's custodian moves

that the proceeding continue as a custody proceeding and the court finds, after a

hearing, that the circumstances of the parents and the best interests of the child

require that a custody decree be issued.

(8) If a custody proceeding commenced in the absence of a petition for dissolution of

marriage or legal separation under KRS 403.822(1)(a) or (b) is dismissed, any

temporary custody order is vacated.

(9) If a court determines by clear and convincing evidence that a person is a de facto

custodian, the court shall join that person in the action, as a party needed for just

adjudication under Rule 19 of the Kentucky Rules of Civil Procedure.
KRS § 164.9811 — KY Code / Title XIII / Chapter 164 / Section 164.9811
164.9811 State autism training center
Status: in_force

164.9811 State autism training center.

(1) The Council on Postsecondary Education in Kentucky is authorized to operate a

state autism training center, including:

(a) The acquisition by purchase, lease, gift, or otherwise of necessary lands;

(b) The construction of necessary buildings;

(c) The expansion, remodeling, altering, or equipping of necessary buildings; and

(d) The making of contracts by the council or its designee with any nonprofit

institution, or any state, county, or local agency for the equipment, expenses,

compensation of personnel, operation, and maintenance of any facility of an

agency or institution used for the purposes of KRS 164.981 to 164.9819.

(2) The council shall select and contract with a public institution of higher education to

carry out the provisions of KRS 164.981 to 164.9819.