FrankGoortani/open-us-law huggingface dataset:
KRS § 425.302 — KY Code / Title XXXIX / Chapter 425 / Section 425.302
425.302 Application for release of attachment
Status: in_force

425.302 Application for release of attachment.

Any defendant whose property is attached pursuant to an attachment issued under KRS

425.301, 425.306, or 425.308, may apply for an order that the attachment be quashed and

any property taken, or attached, be released from the attachment. Such application shall

be made by noticed motion. A defendant making a motion to quash pursuant to this

section shall be entitled to an immediate hearing.
KRS § 205.6487 — KY Code / Title XVII / Chapter 205 / Section 205.6487
205.6487 Establishment of trust fund -- Maintenance
Status: in_force

205.6487 Establishment of trust fund -- Maintenance.

(1) A "Kentucky Children's Health Insurance Program Trust Fund" shall be

established for the purpose of receiving all appropriated funds, premiums, or

other revenue received by the Kentucky Children's Health Insurance Program

to be used for the payment of costs and services associated with the

administration of the program. Appropriations made to the Kentucky Children's

Health Insurance Program trust fund shall not lapse at the end of a fiscal year

but shall be carried forward in the trust fund account and shall be available for

allotment for its particular purpose in the next fiscal year.

(2) The Kentucky Children's Health Insurance trust fund may receive state

appropriations, gifts, and grants, including federal funds. Any unallotted or

unencumbered balances in the Kentucky Children's Health Insurance Program

trust fund shall be invested as provided for in KRS 42.500(9). Income earned

from the investments shall be credited to the Kentucky Children's Health

Insurance Program trust fund account.

(3) The secretary of the Cabinet for Health and Family Services shall, by

administrative regulation promulgated in accordance with KRS Chapter 13A,

provide for the administration of the trust fund.

(4) In administering the Kentucky Children's Health Insurance Program, the

administrative costs under the program shall be limited to no more than ten

percent (10) of applicable program costs.

(5) The trust fund shall administer any savings from the implementation of the

cabinet's Kentucky Children's Health Insurance Program through managed

care and shall use those savings to provide state matching funds for any

enhanced federal funds available under Title XXI of the Federal Social Security

Act.
KRS § 365.730 — KY Code / Title XXIX / Chapter 365 / Section 365.730
365.730 Civil action for damages or injunction for violation of KRS 365.725 -- Rights and remedies
Status: in_force

365.730 Civil action for damages or injunction for violation of KRS 365.725 --

Rights and remedies.

(1) Any customer injured by a violation of KRS 365.725 may institute a civil action to

recover damages.

(2) Any business that violates, proposes to violate, or has violated any provision of

KRS 365.725 may be enjoined in a civil action.

(3) The rights and remedies available under this section shall be cumulative to each

other and to any other rights and remedies available under law.
KRS § 96.190 — KY Code / Title IX / Chapter 96 / Section 96.190
96.190 Power of city to furnish utility services -- Power to regulate rates and service of utilities operating under old franchises
Status: in_force

96.190 Power of city to furnish utility services -- Power to regulate rates and

service of utilities operating under old franchises.

(1) The legislative body of any city may provide the city and all persons in the city with

water, gas, electric power, light, and heat, by contract with any person or by works

and facilities owned or leased by the city and located within or beyond the city

boundaries.

(2) In all cases where the person furnishing the services is operating under a charter or

franchise granted by the General Assembly prior to the adoption of the present

Constitution of Kentucky the city legislative body may make and enforce rules and

regulations for the furnishing and sale of such services, fix and regulate the quality,

character and standards of such services, and fix and regulate the rates charged

consumers for such services.
KRS § 45A.310 — KY Code / Title VI / Chapter 45A / Section 45A.310
45A.310 Use of payments -- Compliance with code requirements -- Review of procurement requirements
Status: in_force

45A.310 Use of payments -- Compliance with code requirements -- Review of

procurement requirements.

(1) All payments received by a supplying public purchasing unit from any other public

purchasing unit or foreign purchasing activity shall be available or appropriated to

the supplying public purchasing unit to defray the cost of the services provided.

(2) Where the public purchasing unit or foreign purchasing activity administering a

cooperative purchase complies with the requirements of this code, any public

purchasing unit participating in such a purchase shall be deemed to have complied

with this code.

(3) Where the public purchasing unit or foreign purchasing activity administering a

cooperative purchase does not follow this code, then the purchasing officer of a

state public purchasing unit must determine, in writing, that he has examined the

procurement system of the public purchasing unit or foreign purchasing activity

administering the purchase, and has found that the proposed method of purchase

substantially meets the requirements of this code.

(4) The Department for Local Government shall collect information concerning the

type, cost, quality, and quantity of commonly used supplies, services, or

construction being procured or used by state public purchasing units. The

Department for Local Government may also collect this information from local

public purchasing units. The Department for Local Government may make available

all such information to any public purchasing unit upon request.

(5) Nothing in KRS 45A.295 to 45A.320 shall be deemed to require a local public

purchasing unit to comply with any other provision of KRS Chapter 45A.
KRS § 620.190 — KY Code / Title LI / Chapter 620 / Section 620.190
620.190 Citizen foster care review boards -- Local citizen foster care review boards
Status: in_force

620.190 Citizen foster care review boards -- Local citizen foster care review boards.

(1) There shall be established within each judicial district a citizen foster care review

board to be appointed by the Chief District Judge or family court judge. The Chief

District Judge or family court judge may authorize the creation of additional local

citizen foster care review boards as needed.

(2) Each local citizen foster care review board shall consist of not less than three (3)

members and shall be appointed according to the following guidelines:

(a) All members shall have an interest in foster care or child welfare;

(b) At least two (2) members of each local citizen foster care review board shall,

as far as practicable, be chosen from among the following professions: law,

medicine, psychology, social work, and education;

(c) Each local citizen foster care review board shall, as far as practicable, include

a foster parent;

(d) All members of each local citizen foster care review board shall, as far as

practicable, be representative of the socioeconomic, racial, and ethnic

composition of the area served;

(e) Employees of the cabinet shall be prohibited from serving on the local citizen

foster care review board;

(f) All appointed board members shall serve a term of three (3) years, except that

if a vacancy occurs, a successor shall be appointed to serve the unexpired

term. The term of each member shall expire on August 1 of the appropriate

year. Members may be reappointed and shall continue to serve until a

successor is appointed; and

(g) All members shall be certified prior to appointment by the state citizen foster

care review board or its designee. For the purposes of this section, "certified"

means acknowledgment of completion of initial training approved by the state

citizen foster care review board.

(3) Local citizen foster care review board members may be removed for

nonparticipation, failure to meet training requirements, or other cause as determined

by the state citizen foster care review board in compliance with its constitution and

bylaws.

(4) Each local citizen foster care review board shall annually elect a chairman and vice

chairman to serve in the absence of the chairman.

(5) Each local citizen foster care review board shall meet, at a place designated by the

Chief District Judge or family court judge, as often as is deemed necessary to carry

out the duties of the board. The local citizen foster care review board shall meet no

less than four (4) times annually.
KRS § 72.992 — KY Code / Title IX / Chapter 72 / Section 72.992
72.992 Penalties
Status: in_force

72.992 Penalties.

(1) Any person who violates KRS 72.020(1) or who interferes with the coroner in the

lawful performance of his duties shall be fined not less than two hundred fifty

dollars ($250), or be confined in jail for not more than ninety (90) days, or both.

(2) Any coroner or deputy coroner who violates KRS 72.025 or 72.020 shall be guilty

of willful neglect of official duties and shall be fined no more than one thousand

dollars ($1,000) or forfeiture of office or both.

(3) Any law enforcement officer who violates KRS 72.020 shall be guilty of willful

neglect of official duties and shall be fined no more than one thousand dollars

($1,000) or forfeiture of office or both.

(4) (a) 1. Except as provided in subparagraph 2. of this paragraph, any violation of

KRS 72.031 by an individual other than the surviving spouse, children,

parents, or personal representative of the decedent shall result in a fine

of not more than five hundred dollars ($500) for the first violation and

not more than one thousand dollars ($1,000) for each subsequent

violation.

2. Any violation of KRS 72.031(3) shall result in a fine which equals the

greater of the appropriate fine provided for in subparagraph 1. of this

paragraph or three (3) times any profits derived from violating KRS

72.031(3).

(b) Any fine collected under paragraph (a) of this subsection shall be paid into the

crime victims' compensation fund created under KRS 49.480.
KRS § 247.7914 — KY Code / Title XXI / Chapter 247 / Section 247.7914
247.7914 Effect of federal law on KRS 247.7900 to 247.7928
Status: in_force

247.7914 Effect of federal law on KRS 247.7900 to 247.7928.

(1) No assessment levied under KRS 247.7900 to 247.7928 shall be effective as long as

the Federal Pork Promotion, Research, and Consumer Information Act of 1985 is in

effect.

(2) If the federal act is terminated or suspended, any assessment levied under KRS

247.7900 to 247.7928 shall become effective and shall be collected and utilized

according to the provisions of KRS 247.7900 to 247.7928.
KRS § 35.614 — KY Code / Title V / Chapter 35 / Section 35.614
35.614 Forcing a safeguard
Status: in_force

35.614 Forcing a safeguard.

Any person subject to this code who forces a safeguard shall be punished as a court-

martial may direct.
KRS § 438.308 — KY Code / Title XL / Chapter 438 / Section 438.308
438.308 Duties and responsibilities of manufacturers of nicotine vapor products
Status: in_force

438.308 Duties and responsibilities of manufacturers of nicotine vapor products.

(1) A manufacturer of nicotine vapor products shall:

(a) Only sell authorized nicotine vapor products;

(b) Provide information necessary to establish its product meets the definition of

an authorized nicotine vapor product as defined in KRS 438.305 directly to a

wholesaler or retailer distributing or selling the manufacturer's product in

accordance with paragraph (d) of this subsection;

(c) Comply with paragraph (b) of this subsection by providing:

1. Proof of authorization by the FDA;

2. A copy of the first page of the communication from the FDA reflecting

an acceptance for review or the submission tracking number; or

3. If an appeal is pending, a copy of the first page of the document filed

with the applicable agency or court;

which may be provided and maintained in hard copy or electronic form; and

(d) Provide the information from paragraph (b) of this subsection directly to a:

1. Kentucky-licensed wholesaler that the manufacturer is utilizing to

distribute its product; or

2. Retailer if the manufacturer is not utilizing a Kentucky-licensed

wholesaler to distribute its product.

(2) If the FDA or a court of competent jurisdiction takes final action that removes an

authorized nicotine vapor product from the market, the manufacturer shall provide

notice of the final action to any wholesaler or retailer that has purchased the vapor

product from the manufacturer within thirty (30) days of the final action being

taken.

(3) A manufacturer that fails to provide the information required in subsection (1) of

this section or provides false or misleading information to retailers or wholesalers

violates this section and shall be subject to a fine of:

(a) Twenty-five thousand dollars ($25,000) for a first citation issued for a

violation of this section;

(b) Fifty thousand dollars ($50,000) for a second citation issued for a violation of

this section; and

(c) Seventy-five thousand dollars ($75,000) for a third or subsequent citation

issued for a violation of this section.
KRS § 216.532 — KY Code / Title XVIII / Chapter 216 / Section 216.532
216.532 Prohibition against long-term care facility's being operated by or employing a person on the nurse aide abuse registry
Status: in_force

216.532 Prohibition against long-term care facility's being operated by or

employing a person on the nurse aide abuse registry.

Long-term care facilities as defined in KRS 216.510 shall not be operated by or employ

any person who is listed on the nurse aide abuse registry required by 42 C.F.R. 483.156.
KRS § 158.163 — KY Code / Title XIII / Chapter 158 / Section 158.163
158.163 Earthquake and tornado emergency procedure system
Status: in_force

158.163 Earthquake and tornado emergency procedure system.

The board of each local school district, and the governing body of each private and

parochial school or school district, shall establish an earthquake and tornado emergency

procedure system in every public or private school building in its jurisdiction having a

capacity of fifty (50) or more students, or having more than one (1) classroom. The

earthquake and tornado emergency procedure system shall include, but not be limited to,

all of the following:

(1) A school building disaster plan, ready for implementation at any time, for

maintaining the safety and care of students and staffs. A drop procedure and safe

area evacuation practice shall be held at least twice during each school year, with

the first practice for a drop procedure and a safe area evacuation being held within

the first thirty (30) instructional days of each school year and one (1) practice being

held during the month of January;

(2) A drop procedure. As used in this section, "drop procedure" means an activity by

which each student and staff member takes cover under a table or desk, dropping to

his or her knees, with the head protected by the arms, and the back to the windows;

(3) A safe area. As used in this section, "safe area" means a designated space including

an enclosed area with no windows, a basement or the lowest floor using the interior

hallway or rooms, or taking shelter under sturdy furniture;

(4) Protective measures to be taken before, during, and following an earthquake or

tornado; and

(5) A program to ensure that the students and the certificated and classified staff are

aware of, and properly trained in, the earthquake and tornado emergency procedure

system.
KRS § 248.290 — KY Code / Title XXI / Chapter 248 / Section 248.290
248.290 Warehouse license -- Fees
Status: in_force

248.290 Warehouse license -- Fees.

(1) Each warehouse shall pay to the department an annual license fee of one hundred

twenty-five dollars ($125). A license fee shall be paid on each warehouse building

operated as a place of sale for tobacco, regardless of the number of such buildings

owned by any individual, corporation, firm, or other type of management

organization. It shall be paid on July 1 of each year.

(2) The one hundred twenty-five dollar ($125) fee per license collected by the

department shall be used by the department to carry out its functions under KRS

248.290 to 248.440. All fines collected for violations of the provisions of KRS

248.350 shall be paid into the State Treasury to the credit of a revolving account to

be used in the enforcement of KRS 248.350.
KRS § 108.075 — KY Code / Title IX / Chapter 108 / Section 108.075
108.075 Change of name for expanded district
Status: in_force

108.075 Change of name for expanded district.

If, in the event of expansion of the district, it becomes apparent that the existing name is

inappropriate, then the board of the district may change its name at any regularly-called

meeting, by an affirmative vote of two-thirds (2/3) majority of the total membership.
KRS § 363.906 — KY Code / Title XXIX / Chapter 363 / Section 363.906
363.906 Retail motor fuel license -- Annual fee -- Account in State Treasury for fees -- Nonlapsing of unexpended money
Status: in_force

363.906 Retail motor fuel license -- Annual fee -- Account in State Treasury for fees

-- Nonlapsing of unexpended money.

(1) A person shall not operate a retail facility without first obtaining a retail motor fuel

license from the department.

(2) For the calendar year beginning on January 1, 2023, the department shall collect an

annual licensure fee in the amount of seventy-five dollars ($75) per retail facility

from the license holder for the purpose of funding the administration of the retail

motor fuel quality program.

(3) For calendar years beginning on or after January 1, 2024, the department shall

collect an annual licensure fee in the amount of one hundred dollars ($100) per

retail facility from the license holder for the purpose of funding the administration

of the retail motor fuel quality program.

(4) Funds collected from licensure fees shall be deposited into an interest-bearing

account in the State Treasury. Money unexpended at the close of a fiscal year shall

not lapse but shall be carried forward to the next fiscal year for future use.

(5) A retail motor fuel license shall be valid from the date of issuance until January 31

of the following calendar year.
KRS § 403.140 — KY Code / Title XXXV / Chapter 403 / Section 403.140
403.140 Marriage -- Court may enter decree of dissolution or separation
Status: in_force

403.140 Marriage -- Court may enter decree of dissolution or separation.

(1) The Circuit Court shall enter a decree of dissolution of marriage if:

(a) The court finds that one (1) of the parties, at the time the action was

commenced, resided in this state, or was stationed in this state while a

member of the armed services, and that the residence or military presence has

been maintained for 180 days next preceding the filing of the petition;

(b) The court finds that the conciliation provisions of KRS 403.170 either do not

apply or have been met;

(c) The court finds that the marriage is irretrievably broken; and

(d) To the extent it has jurisdiction to do so, the court has considered, approved or

made provision for child custody, the support of any child of the marriage

entitled to support, the maintenance of either spouse, and the disposition of

property.

(2) If a party requests a decree of legal separation rather than a decree of dissolution of

marriage, the court shall grant the decree in that form unless the other party objects,

in which latter event the other provisions of this chapter shall apply.
KRS § 205.5603 — KY Code / Title XVII / Chapter 205 / Section 205.5603
205.5603 Ambulance service assessment fund -- Appropriation and transfer of fund moneys -- Sole purposes of fund -- Effect of invalidity of KRS 205.5602
Status: in_force

205.5603 Ambulance service assessment fund -- Appropriation and transfer of

fund moneys -- Sole purposes of fund -- Effect of invalidity of KRS 205.5602.

(1) There is established in the State Treasury the ambulance service assessment fund

for the purpose of depositing assessments imposed under KRS 142.318.

(2) The fund shall consist of the assessments and any related penalties collected by the

Department of Revenue, donations made to the fund from private sources, and

appropriations made by the General Assembly.

(3) Moneys deposited into the fund are appropriated for the purpose of administering

KRS 205.5602 and shall be transferred to the Department for Medicaid Services on

a monthly basis for that purpose.

(4) Moneys in the fund shall not be diverted to the general fund or any other public

fund. Moneys in the fund may only be used to:

(a) Increase fee-for-service rates for ground ambulance services above those in

effect on July 15, 2020;

(b) Reimburse money to a ground ambulance provider that is erroneously

collected from that provider; or

(c) Reimburse the cabinet in the amount of two hundred thousand dollars

($200,000) annually for the purpose of administrative expenses.

(5) If KRS 205.5602 is rendered invalid and void:

(a) To the extent that federal matching funds are not reduced due to the

impermissibility of the assessments, the cabinet shall disburse the moneys

remaining in the fund that were derived from the assessment imposed by KRS

142.318 pursuant to subsection (4) of this section; and

(b) Following disbursement of moneys in the fund pursuant to paragraph (a) of

this subsection, the cabinet shall refund any remaining moneys to each ground

ambulance provider in proportion to the amount paid by each provider during

the most recently completed quarterly payment period.

(6) Notwithstanding KRS 45.229, moneys in the fund not expended at the close of the

fiscal year shall not lapse but shall be carried forward to the next fiscal year.

(7) Any interest earnings of the trust fund shall become part of the fund and shall not

lapse.

(8) Moneys transferred to this fund are hereby appropriated for the purposes set forth in

this section.
KRS § 231.070 — KY Code / Title XIX / Chapter 231 / Section 231.070
231.070 County attorney to investigate applicant
Status: in_force

231.070 County attorney to investigate applicant.

The county attorney, after an application has been filed, shall investigate the applicant and

file with the county judge/executive a written report setting forth the facts revealed by his

investigation, recommending the granting or the denial of the permit. The report shall be

filed with the county clerk within thirty (30) days after the application is filed.