FrankGoortani/open-us-law huggingface dataset:
KRS § 74.175 — KY Code / Title IX / Chapter 74 / Section 74.175
74.175 Deferred assessments -- Limitation on actions
Status: in_force

74.175 Deferred assessments -- Limitation on actions.

(1) When the water district desires to construct a water main which shall be primarily a

transmission line and secondarily a line to serve customers along the water main,

the commission may recommend to the court that the assessments be on a deferred

basis. If the court determines that the water main is primarily a transmission main,

and secondarily benefits the property owners abutting the water main, the court may

provide that the assessments shall be on a deferred basis.

(2) In the event the assessments are on a deferred basis, they shall not be immediately

due and payable until the benefit to the abutting property owners is realized either

by a sale of the property or when the abutting property owner desires to tap into the

water main, and at that time the deferred assessment shall be paid in full without

interest. For a deferred assessment on which the district has not initiated collection

action in the courts by July 14, 1992, limitations on an action to collect shall not

begin to run until the assessment is immediately due and payable as provided for in

this subsection.

(3) In the event a property owner who has a deferred assessment against his property

sells only a portion of the property or desires water service for only a portion of the

property, the deferred assessment shall be prorated and paid only for the portion

being sold or for the reasonable area of property being served by the water main.

The property owner shall be required to furnish to the commission a plat of the

property being sold or the area which will be served with water, and no other area

may be served from that service unless an additional portion of the deferred

assessment is paid. For an additional portion of a deferred assessment on which the

district has not initiated collection action in the courts by July 14, 1992, limitations

on an action to collect shall not begin to run until the additional portion is

immediately due and payable because of further sale of the property or further

extension of water service.

(4) All remaining provisions of the assessment statutes shall apply to deferred

assessments, except as same may be inconsistent with this deferred assessment

provision.
KRS § 213.106 — KY Code / Title XVIII / Chapter 213 / Section 213.106
213.106 Use of induced termination of pregnancy reports
Status: in_force

213.106 Use of induced termination of pregnancy reports.

The reports required under KRS 213.101 are statistical reports to be used only for medical

and health purposes and shall not be incorporated into the permanent official records of

the system of vital statistics.
KRS § 275.305 — KY Code / Title XXIII / Chapter 275 / Section 275.305
275.305 Binding acts of member or manager -- Notice of dissolution
Status: in_force

275.305 Binding acts of member or manager -- Notice of dissolution.

(1) Except as provided in subsections (3) and (4) of this section, after dissolution of the

limited liability company, each member or manager having authority to wind up the

limited liability company's business and affairs may bind the limited liability

company:

(a) By any act appropriate for winding up the limited liability company's affairs or

completing transactions unfinished at dissolution; and

(b) By any other act that would have bound the limited liability company if it had

not been dissolved, if the other party to the transaction did not have notice of

the dissolution.

(2) The filing of articles of dissolution pursuant to KRS 275.315, the entry of a decree

of dissolution pursuant to KRS 275.290, or the filing of a certificate of dissolution

pursuant to KRS 14A.7-020 shall be presumed to constitute notice of dissolution for

purposes of subsection (1)(b) of this section.

(3) An act of a member or manager which is not binding on the limited liability

company pursuant to subsection (1) of this section shall be binding if it is otherwise

authorized by the limited liability company.

(4) An act of a member or manager which would be binding under subsection (1) of

this section, or would be otherwise authorized but which is in contravention of a

restriction on authority, shall not bind the limited liability company to persons

having knowledge of the restriction.
KRS § 422.200 — KY Code / Title XXXVIII / Chapter 422 / Section 422.200
422.200 Papers in suit lost -- How supplied
Status: in_force

422.200 Papers in suit lost -- How supplied.

When any papers in any suit pending or decided in any court have been lost, destroyed,

defaced, or obliterated, and there is in existence an attested copy thereof, such copy may

be filed in the office where such papers belong in lieu of the originals, and shall be prima

facie evidence of the contents of the originals, and may be used as such originals could

have been in all after proceedings in the suits to which the original papers belonged. The

party whose rights or interests are affected by the filing of such copies shall be notified

thereof, and may, upon notice to the adverse party or his attorney, move to strike such

copies from the files, and the court shall, if justice requires, strike them from the files of

the court.
KRS § 423.440 — KY Code / Title XXXVIII / Chapter 423 / Section 423.440
423.440 Presumption of proper notarization -- Immunity of county clerk
Status: in_force

423.440 Presumption of proper notarization -- Immunity of county clerk.

(1) A writing or record that appears on its face to have been properly notarized in

accordance with KRS 423.300 to 423.455 shall be presumed to have been notarized

properly and may be recorded by the clerk.

(2) A writing or record notarized outside this state by a notary public or other person

referenced in KRS 423.345 or 423.350 that appears on its face to be properly

notarized shall be presumed to have been notarized properly in accordance with the

laws and regulations of the jurisdiction in which the document was notarized.

(3) The county clerk shall be immune from suit arising from any acts or omissions

relating to recording records that have been notarized by electronic means as set

forth in KRS 423.300 to 423.455 unless the clerk was grossly negligent or engaged

in willful misconduct.
KRS § 199.888 — KY Code / Title XVII / Chapter 199 / Section 199.888
199.888 Incorporation into economic development agreements -- Promotional strategies
Status: in_force

199.888 Incorporation into economic development agreements -- Promotional

strategies.

(1) The Cabinet for Economic Development may coordinate with the Cabinet for

Health and Family Services to incorporate this program into agreements with

employers seeking economic development incentives in Subchapters 31 and 32 of

KRS Chapter 154, if the employer agrees to participate in the program.

(2) The Cabinet for Economic Development shall develop and implement strategies

and programs to promote awareness of the Employee Child Care Assistance

Partnership among employers to whom they provide services or with whom they

conduct business. The Cabinet for Economic Development may consult with the

Cabinet for Health and Family Services in developing and implementing

promotional strategies and programs.

(3) The Education and Labor Cabinet shall develop and implement strategies and

programs to promote awareness of the Employee Child Care Assistance Partnership

among employers to whom they provide services or with whom they conduct

business. The Education and Labor Cabinet may consult with the Cabinet for

Health and Family Services in developing and implementing promotional strategies

and programs.
KRS § 311.866 — KY Code / Title XXVI / Chapter 311 / Section 311.866
311.866 Certification requirement -- When not required
Status: in_force

311.866 Certification requirement -- When not required.

(1) A person is not required to hold a certificate under KRS 311.864 to 311.890 if the

person is:

(a) A student enrolled in a surgical assistant education program approved by the

board who is assisting in a surgical operation that is an integral part of the

program of study;

(b) A surgical assistant employed in the service of the federal government while

performing surgical assisting duties related to that employment;

(c) A health care worker, licensed or certified within this Commonwealth, acting

within the scope of the person's license;

(d) A registered nurse or licensed practical nurse;

(e) A certified physician assistant; or

(f) An individual employed by a hospital who is performing the duties of a

surgical assistant under the direct supervision of a registered nurse.

(2) Except as provided in subsection (1) of this section, a person shall not practice as a

surgical assistant unless the person is certified under KRS 311.864 to 311.890 and

shall not use the title "Kentucky Certified Surgical Assistant" or any other

designation that would imply that the person is a certified surgical assistant.
KRS § 202B.250 — KY Code / Title XVII / Chapter 202B / Section 202B.250
202B.250 Review hearing -- Procedures -- Disposition -- Requested hearing by resident or certain persons
Status: in_force

202B.250 Review hearing -- Procedures -- Disposition -- Requested hearing by

resident or certain persons.

(1) No less than once in every five (5) years following the initial order for involuntary

admission of a resident to an ICF/ID, or an order authorizing continued care and

treatment following review pursuant to this section, the court shall hold a hearing to

review the status of the resident and necessity for continued care and treatment in

the ICF/ID. Notice at least twenty (20) days in advance of the hearing shall be

provided by the court to the ICF/ID, county attorney, guardian or limited guardian

of the resident, if any, or, if none, an immediate family member as listed on the last

interdisciplinary report filed by the ICF/ID. The court shall appoint an attorney to

represent the resident at the review hearing.

(2) The review hearing may be informal and held in open court, in chambers, or at the

ICF/ID. The hearing shall be held without a jury and the resident shall be entitled to

present documentary evidence and witnesses and cross-examine witnesses against

the resident.

(3) At the conclusion of the review hearing, the court shall make written findings of

fact concerning whether the criteria for involuntary admission set forth in KRS

202B.040 continue to be satisfied based upon clear and convincing evidence. If the

court finds that the involuntary admission criteria continue to be satisfied, the court

shall enter an order authorizing the continued care and treatment of the resident at

the ICF/ID and shall establish the period within which the next review shall be held.

Otherwise, the court shall enter an order requiring the resident to be discharged

from the ICF/ID.

(4) If at any point during the resident's placement at an ICF/ID it appears that the

resident no longer meets the criteria for involuntary admission set forth in KRS

202B.040, the resident, the resident's parent, guardian or limited guardian,

immediate family member, or attorney may request a review pursuant to this

section.
KRS § 65.243 — KY Code / Title IX / Chapter 65 / Section 65.243
65.243 Status and authorities of interlocal agency created by interlocal agreement -- Interlocal agreement controls if more restrictive than KRS 65.210 to 65.300 -- Status and authorities are cumulative -- No statutory power to tax granted to interlocal agency -- Interlocal agency deemed a public agency
Status: in_force

65.243 Status and authorities of interlocal agency created by interlocal agreement -

- Interlocal agreement controls if more restrictive than KRS 65.210 to 65.300 --

Status and authorities are cumulative -- No statutory power to tax granted to

interlocal agency -- Interlocal agency deemed a public agency.

(1) An interlocal agency created by the interlocal agreement shall constitute an agency

and instrumentality of the public agencies party to the interlocal agreement for the

purpose of performing the essential governmental functions and the public purposes

authorized by the interlocal agreement.

(2) Unless restricted, limited, or otherwise conditioned under the terms of the interlocal

agreement, an interlocal agency is authorized to exercise any powers not in conflict

with local, state, or federal law or in conflict with the interlocal agreement that are

necessary and convenient to accomplish the purposes for which the interlocal

agency was created.

(3) To the extent that any of the provisions of the interlocal agreement are more

restrictive, or limit the powers, privileges, or authority of the interlocal agency that

are otherwise allowed by KRS 65.210 to 65.300, the provisions of the interlocal

agreement shall control.

(4) The status and authorities of an interlocal agency granted in this section, unless

limited by the interlocal agreement, is cumulative and in addition to the powers and

authority of an interlocal agency that may otherwise exist and that are granted or

implied under any other laws of the Commonwealth to a specific type of public

body that may also function as an interlocal agency under KRS 65.210 to 65.300.

(5) Nothing in this section shall be construed to grant an interlocal agency the ability to

levy a tax.

(6) An interlocal agency created by an interlocal agreement shall be deemed to be a

public agency as defined in KRS 61.805 and 61.870, and as such shall be subject to

KRS 61.800 to 61.850 and 61.870 to 61.884.
KRS § 218A.060 — KY Code / Title XVIII / Chapter 218A / Section 218A.060
218A.060 Criteria for classification under Schedule II
Status: in_force

218A.060 Criteria for classification under Schedule II.

The Cabinet for Health and Family Services shall place a substance in Schedule II if it

finds that:

(1) The substance has high potential for abuse;

(2) The substance has currently accepted medical use in treatment in the United States,

or currently accepted medical use with severe restrictions; and

(3) The abuse of the substance may lead to severe psychic or physical dependence.
KRS § 337.423 — KY Code / Title XXVII / Chapter 337 / Section 337.423
337.423 Discrimination prohibited
Status: in_force

337.423 Discrimination prohibited.

(1) No employer shall discriminate between employees in the same establishment

on the basis of sex, by paying wages to any employee in any occupation in this

state at a rate less than the rate at which he or she pays any employee of the

opposite sex for comparable work on jobs which have comparable

requirements relating to skill, effort and responsibility. Differentials which are

paid pursuant to established seniority systems or merit increase systems,

which do not discriminate on the basis of sex, shall not be included within this

prohibition. Nothing in KRS 337.420 to 337.433 and 337.990(11) shall apply to

any employer who is subject to the federal Fair Labor Standards Act of 1938,

as amended, when that act imposes comparable or greater requirements than

contained in KRS 337.420 to 337.433 and 337.990(11) and when the employer

files with the commissioner of the Department of Workplace Standards a

statement that the employer is covered by the federal Fair Labor Standards Act

of 1938, as amended.

(2) An employer who is paying a wage differential in violation of KRS 337.420 to

337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage

rates of any employee.

(3) No person shall cause or attempt to cause an employer to discriminate against

any employee in violation of KRS 337.420 to 337.433 and 337.990(11).

(4) No employer may discharge or discriminate against any employee by reason of

any action taken by such employee to invoke or assist in any manner the

enforcement of KRS 337.420 to 337.433 and 337.990(11).
KRS § 171.740 — KY Code / Title XIV / Chapter 171 / Section 171.740
171.740 General Assembly records
Status: in_force

171.740 General Assembly records.

The Legislative Research Commission shall, unless otherwise directed by the Senate or

House of Representatives obtain at the close of each session of the General Assembly all

of the noncurrent records of the General Assembly and of each committee thereof and

transfer them to the State Archives and Records Center for preservation.
KRS § 16.100 — KY Code / Title III / Chapter 16 / Section 16.100
16.100 Travel expenses and per diem allowances
Status: in_force

16.100 Travel expenses and per diem allowances.

(1) The commissioner may approve vouchers in payment of expenses, including travel,

lodging and meals incurred by officers, individuals employed as a Trooper R Class

or CVE R Class, and civilians of the department in the discharge of their duties, and

such vouchers shall be audited and paid out of the department's appropriation in the

manner required by law.

(2) The commissioner may, with the approval of the secretary of the Finance and

Administration Cabinet, approve payment of a per diem allowance for officers of

the department and individuals employed as a Trooper R Class or CVE R Class,

payable in a fixed sum for each day the officer or individual employed as a Trooper

R Class is on duty. The per diem allowance herein provided shall not be payable

when the officer or the individual employed as a Trooper R Class or CVE R Class is

on travel status as provided by subsection (1) of this section.
KRS § 74.430 — KY Code / Title IX / Chapter 74 / Section 74.430
74.430 Authority for joint operation of water sources
Status: in_force

74.430 Authority for joint operation of water sources.

In the interest of the public health and for the purpose of providing an adequate supply of

water to cities, water associations, water districts, and facilities owned or operated by

federal agencies, any two (2) or more cities, or any two (2) or more water districts

organized under this chapter, or any combination of cities, water districts, water

associations, and federal agencies may jointly acquire, either by purchase or construction,

sources of supply of water and may operate jointly the sources of supply of water and

improve and extend them in the manner provided in KRS 74.420 to 74.520. The

governing body of any city, water association, water district, or federal agency desiring to

avail themselves of the provisions of KRS 74.420 to 74.520 shall adopt a resolution or

ordinance determining and electing to acquire and operate jointly sources of supply of

water.
KRS § 421.620 — KY Code / Title XXXVIII / Chapter 421 / Section 421.620
421.620 Court order
Status: in_force

421.620 Court order.

If at the hearing the judge determines that the witness may be material and necessary, that

his attending and testifying are not adverse to the interests of this state or to the health or

legal rights of the witness, that the laws of the state in which he is requested to testify will

give him protection from arrest and the service of civil and criminal process because of

any act committed prior to his arrival in the state under the order, and that as a practical

matter the possibility is negligible that the witness may be subject to arrest or to the

service of civil or criminal process in any state through which he will be required to pass,

the judge shall issue an order, with a copy of the certificate attached, directing the witness

to attend and testify, directing the person having custody of the witness to produce him, in

the court where the criminal action is pending, or where the grand jury investigation is

pending, at a time and place specified in the order, and prescribing such conditions as the

judge shall determine.
KRS § 362.150 — KY Code / Title XXIX / Chapter 362 / Section 362.150
362.150 Short title
Status: in_force

362.150 Short title.

KRS 362.150 to 362.360 may be cited as Uniform Partnership Act.
KRS § 326.020 — KY Code / Title XXVI / Chapter 326 / Section 326.020
326.020 Kentucky Board of Ophthalmic Dispensers -- Membership -- Appointment -- Qualifications -- Terms -- Powers
Status: in_force

326.020 Kentucky Board of Ophthalmic Dispensers -- Membership -- Appointment

-- Qualifications -- Terms -- Powers.

(1) There is hereby created a board of ophthalmic dispensers to be known as the

"Kentucky Board of Ophthalmic Dispensers." It shall consist of five (5) members to

be appointed by the Governor, one (1) member of which shall be a licensed medical

physician or osteopath experienced in the treatment and examination of eyes and

one (1) member of which shall be a licensed optometrist. Two (2) members shall be

licensed ophthalmic dispensers. One (1) member shall be a citizen at large who is

not associated with or financially interested in the practice or business regulated.

They shall not pass upon their own qualifications. The board shall elect one (1) of

its members chairman and one (1) member secretary-treasurer. These officers shall

serve at the pleasure of the board.

(2) Members shall serve for a period of four (4) years from the date of their

appointment and qualification. At the expiration of the term of office of any

member, the Governor shall appoint a successor for a term of four (4) years.

(3) (a) The board may promulgate administrative regulations to carry out the

purposes and provisions of this chapter, including the licensing of apprentice

ophthalmic dispensers and the adoption of a program for continuing education

for all licensees.

(b) No licensee shall be permitted to renew his or her license, unless the

minimum annual continuing education requirements have been completed. No

program for continuing education shall contain, as a prerequisite for license

renewal, a requirement for more than a total of six (6) credit hours per year for

ophthalmic dispenser licensees, or four (4) credit hours per year for apprentice

ophthalmic dispenser licensees.

(4) Board members shall receive fifty dollars ($50) per day for attending board

meetings. Board members shall also be reimbursed for reasonable and necessary

expenses incurred in the performance of their duties.

(5) The board may:

(a) Revoke, suspend, or refuse to issue or renew licenses; impose probationary or

supervisory conditions upon licensee; or issue written reprimands to licensees,

in accordance with KRS 326.090;

(b) Impose administrative fines in accordance with KRS 326.100; or

(c) Take any other action or combination of actions regarding licenses, licensees,

or apprenticeships authorized by this chapter.

(6) For the purpose of enforcing the provisions of this chapter, the board may

administer oaths, receive evidence, interview persons, issue subpoenas, and require

the production of books, papers, documents, or other evidence.

(7) The board may seek injunctive relief in Franklin Circuit Court to enjoin violation of

KRS 326.030.
KRS § 212.920 — KY Code / Title XVIII / Chapter 212 / Section 212.920
212.920 Expenditure for district health department -- County board of health to retain trusteeship of county public health tax fund
Status: in_force

212.920 Expenditure for district health department -- County board of health to

retain trusteeship of county public health tax fund.

(1) Moneys derived from a county public health tax as provided in KRS 212.720 to

212.755 may be expended for the operation and maintenance of a district health

department as provided herein.

(2) Upon the creation of a district health department, trusteeship of the county public

health tax fund shall be retained by each respective county board of health.