FrankGoortani/open-us-law huggingface dataset:
KRS § 262.240 — KY Code / Title XXI / Chapter 262 / Section 262.240
262.240 Supervisors' terms -- Nomination and election -- Vacancies -- Compensation -- Requirements to hold office -- Removal -- Immunity for official acts
Status: in_force

262.240 Supervisors' terms -- Nomination and election -- Vacancies --

Compensation -- Requirements to hold office -- Removal -- Immunity for

official acts.

(1) A supervisor's term begins on January 1 following his or her election. Supervisors

shall be elected for four (4) years as their terms expire. Nominating petitions for

supervisors shall be filed with the county clerk not later than the last date prescribed

by the election law generally for filing certificates and petitions of nomination. No

such nominating petition shall be accepted by the clerk unless it is signed by

twenty-five (25) or more qualified resident voters of the district. Qualified resident

voters may sign more than one (1) nominating petition to nominate more than one

(1) candidate for supervisor. In the event nominating petitions for only the number

of supervisors to be elected are filed, the commission shall declare the nominees

elected without holding an election. The county clerk shall examine the petition of

each candidate to determine whether it is regular on its face. If there is an error, the

county clerk shall notify the candidate by certified mail within twenty-four (24)

hours of filing.

(2) A supervisor shall hold office until his or her successor has been elected and has

qualified. Vacancies shall be filled for the unexpired term by appointment by the

commission.

(3) A supervisor may be reimbursed for expenses necessarily incurred in the discharge

of his or her duties and may be paid a per diem for attending meetings or otherwise

discharging the obligations of his or her office.

(4) A supervisor shall be at least eighteen (18) years of age, a resident of the county or

district in which he or she serves as a supervisor, and upon moving from the county

or district, the supervisor shall be ineligible to serve as a supervisor and his or her

office shall be vacant.

(5) A supervisor who has been declared elected without an election pursuant to

subsection (1) of this section may be removed from office by the commission in the

same manner as provided by KRS 65.007 for removal of an appointed member of

the governing body of a special district.

(6) A supervisor serving on the board of a district shall be immune from personal

liability in any civil or criminal action which is based upon any official act or acts

performed reasonably and in good faith by the supervisor.
KRS § 278.455 — KY Code / Title XXIV / Chapter 278 / Section 278.455
278.455 Reduction of operating expenses by G&T or distribution cooperative -- Effect on rates -- Authority for administrative regulations
Status: in_force

278.455 Reduction of operating expenses by G&T or distribution cooperative --

Effect on rates -- Authority for administrative regulations.

(1) Notwithstanding any other statute to the contrary, a G&T or distribution cooperative

may at any time decrease regulated operating revenues by an amount to be

determined solely by the cooperative utility. If the revenue reduction is allocated

among and within the consumer classes on a proportional basis that will result in no

change in the rate design currently in effect, the revised rates and tariffs shall be

authorized and made permanent on the proposed effective date.

(2) Notwithstanding any other statute, any revenue increase authorized by the Public

Service Commission or any revenue decrease authorized in subsection (1) of this

section that is to flow through the effects of an increase or decrease in wholesale

rates may, at the distribution cooperative's discretion, be allocated to each class and

within each tariff on a proportional basis that will result in no change in the rate

design currently in effect. In the event of an increase in the wholesale rates and

tariffs of the wholesale supplier by the Public Service Commission, the rates and

tariffs of the distribution cooperative that have been revised on a proportional basis

to result in no change in the rate design shall be authorized and shall become

effective on the same date as those of the wholesale supplier. In those cases where

an interim increase in the power supplier's wholesale rates is authorized, the

distribution cooperative's flow through rates shall be interim. The distribution

cooperative's permanent rates and tariffs shall become effective on the date that the

wholesale supplier's permanent rates become effective as ordered by the

commission.

(3) Any rate increase or decrease as provided for in subsections (1) and (2) of this

section shall not apply to special contracts under which the rates are subject to

change or adjustment only as stipulated in the contract.

(4) The Public Service Commission shall promulgate administrative regulations

pursuant to KRS Chapter 13A to establish filing requirements and notice

requirements to the commission, the Attorney General, and the public under this

section.
KRS § 395.617 — KY Code / Title XXXIV / Chapter 395 / Section 395.617
395.617 Proposed settlement
Status: in_force

395.617 Proposed settlement.

(1) A fiduciary may, prior to filing a periodic or final settlement and prior to a

distribution of assets, file with the court a proposed settlement. The proposed

settlement shall be set for hearing and notice given as for any other settlement

except that beneficiaries of the estate, other than nonresiduary legatees who have

received and receipted for their legacies, shall also receive notice from the fiduciary

by certified mail, return receipt requested, at least twenty (20) days prior to the

hearing date. The proposed settlement shall set forth all assets and disbursements

previously made, shall indicate assets on hand and anticipated to be received

subsequent to the date of the proposed settlement and prior to the filing of the

periodic or final settlement, and shall further indicate the manner in which the

remaining and anticipated assets are proposed to be distributed. The proposal may

set forth which assets are to be distributed in kind and to whom and which assets

may be liquidated for distribution of cash or for payment of debts, costs of

administration, or pecuniary legacies. The proposal may also indicate claims

proposed to be allowed or disallowed, in whole or in part, and may also indicate

fees and commissions proposed to be paid to the fiduciary and his attorney. The

inclusion of evidence and vouchers to accompany the proposal shall not be

necessary unless required by the court upon exceptions filed. At the hearing, if no

exceptions are filed, the proposal, if made according to law, shall be approved. If

exceptions are filed, other evidence besides that reported may be heard, and the

court shall, upon the whole case, reject, confirm, alter, or amend the proposal.

Following the entry of an order of approval or of an order of amendment, the

fiduciary shall disburse the assets in accordance therewith. Following the

distribution, the fiduciary shall file a settlement accompanied by evidence and

vouchers showing that distribution was effected in conformity with the court order.

If it appears to the court that the distribution was in conformity, the court shall

confirm the settlement and, if the settlement is final, discharge the fiduciary and his

surety without further hearing or notice to any person.

(2) An aggrieved party may, no later than thirty (30) days from the entry of the order

upon the proposed settlement, institute an adversary proceeding in Circuit Court

pursuant to KRS 24A.120(2).
KRS § 151B.325 — KY Code / Title XII / Chapter 151B / Section 151B.325
151B.325 Manufacturer's duty to provide substitute assistive device or rental reimbursement during warranty repair -- Conditions
Status: in_force

151B.325 Manufacturer's duty to provide substitute assistive device or rental

reimbursement during warranty repair -- Conditions.

(1) Whenever an assistive device covered by a manufacturer's express warranty is

tendered by a consumer to the dealer from whom it was purchased or exchanged for

the repair of a defect, malfunction, or nonconformity to which the warranty is

applicable, and at least one (1) of the following conditions exists, the manufacturer

shall provide directly to the consumer for the duration of the repair period, a

comparable replacement assistive device or a rental assistive device reimbursement

to pay for the cost incurred by the consumer for renting a comparable replacement

assistive device. The applicable conditions are as follows:

(a) The repair period exceeds ten (10) working days, including the day on which

the device is tendered to the dealer for repair; or

(b) The defect, malfunction, or nonconformity is the same one for which the

assistive device has been tendered to the dealer for repair on at least two (2)

previous occasions.

(2) This section applies for the period of the manufacturer's express warranty or the

period prescribed in KRS 151B.305(2), whichever is greater, whether or not the

repairs extend beyond that period.
KRS § 164.525 — KY Code / Title XIII / Chapter 164 / Section 164.525
164.525 Center for Mathematics -- Creation, duties, and location
Status: in_force

164.525 Center for Mathematics -- Creation, duties, and location.

(1) The Center for Mathematics is hereby created to make available professional

development for teachers in reliable, research-based diagnostic assessment and

intervention strategies, coaching and mentoring models, and other programs in

mathematics. The center shall be headed by an executive director and administered

by a public postsecondary education institution. The center shall:

(a) Act as a clearinghouse for information about professional development

programs for teachers that address mathematics diagnostic assessment,

intervention programs, coaching and mentoring programs, and other

instructional strategies to address students' needs;

(b) Collaborate with Kentucky's other public and private postsecondary

institutions to develop teachers' mathematical knowledge needed for teaching

and help teachers improve students' mathematical concepts, thinking,

problem-solving, and skills, with an emphasis on diagnostic assessment and

intervention programs for students in the primary program;

(c) Provide teacher training to develop teacher leaders and teaching specialists in

primary programs who have skills in diagnostic assessment and intervention

services to assist struggling students or those who are at risk of failure in

mathematics. The center may contract for services in order to carry out this

responsibility;

(d) Maintain a demonstration and training site for mathematics located at each of

the public universities;

(e) Advise the Kentucky Department of Education and Kentucky Board of

Education regarding:

1. Early mathematics content, diagnostic assessment practices, and

intervention programs;

2. Costs and effectiveness of various mathematics intervention programs;

3. Coaching and mentoring models that help improve student

achievements;

4. Trends and issues relating to mathematics programs in schools

throughout the state; and

5. The establishment and implementation of the Middle School

Mathematics and Science Scholars Program established under KRS

158.848; and

(f) Disseminate information to teachers, administrators, and policymakers on an

ongoing basis.

(2) The Council on Postsecondary Education shall select a location for the center no

later than January 1, 2006. The council shall use a request for proposal process. In

developing the request for proposal, the council shall seek advice from the

Committee for Mathematics Achievement created in KRS 158.842 and the

commissioner of education. The center shall be located at the selected university

through July 1, 2011, unless funding is not available, the council deems the

performance of the institute to be inadequate, or the university requests to

discontinue its relationship to the institute. Contingent upon available funding at the

end of the initial cycle, and each five (5) year period thereafter, the council shall

issue a request for proposal to all public postsecondary education institutions to

administer the center.
KRS § 65.140 — KY Code / Title IX / Chapter 65 / Section 65.140
65.140 Local governments required to pay for purchases within 30 days -- Interest penalty
Status: in_force

65.140 Local governments required to pay for purchases within 30 days -- Interest

penalty.

(1) As used in this section, unless the context otherwise requires, "purchaser" means

any city, county, or urban-county government which receives goods or services

from a vendor.

(2) Unless the purchaser and vendor otherwise contract, all bills for goods or services

shall be paid within thirty (30) working days of receipt of a vendor's invoice except

when payment is delayed because the purchaser has made a written disapproval of

improper performances or improper invoicing by the vendor or by the vendor's

subcontractor.

(3) An interest penalty of one percent (1%) of any amount approved and unpaid shall be

added to the amount approved for each month or fraction thereof after the thirty (30)

working days which followed receipt of vendor's invoice by the purchaser.
KRS § 216.943 — KY Code / Title XVIII / Chapter 216 / Section 216.943
216.943 Legislative findings
Status: in_force

216.943 Legislative findings.

The General Assembly of the Commonwealth finds that access to high-quality health care

services is a concern of all persons; that access to such services is limited for some

residents of the Commonwealth, particularly those residing in remote rural areas or inner

cities; that physicians and other health care providers have traditionally worked to assure

access to health care services; and that many health care providers from the

Commonwealth and other states are willing to volunteer their services to address the

health care needs of Kentuckians who may otherwise not be able to obtain such services.

Therefore, it is the purpose of KRS 216.940 to 216.945 to encourage and facilitate the

charitable provision of health care services within the Commonwealth.
KRS § 311.6204 — KY Code / Title XXVI / Chapter 311 / Section 311.6204
311.6204 Definitions for KRS 311.6204 to 311.6207
Status: in_force

311.6204 Definitions for KRS 311.6204 to 311.6207.

As used in KRS 311.6204 to 311.6207:

(1) (a) "Career fatigue" means a work-related, psychological disorder that manifests

in emotional exhaustion, depersonalization, and a diminished sense of

personal accomplishment.

(b) Career fatigue does not include any condition that impairs the physician’s

judgment or adversely affects the physician’s ability to practice medicine in a

competent, ethical, and professional manner; and

(2) (a) "Physician wellness program" means a program that:

1. Is organized or contracted for by a Kentucky-based trade association

exempt under 26 U.S.C. sec. 501(c)(6) of the Internal Revenue Code

that represents physicians licensed to practice medicine or osteopathy in

Kentucky; and

2. Provides counseling, coaching, or similar services to address issues

related to career fatigue.

(b) A physician wellness program does not include an impaired physician

program authorized by KRS 311.616.
KRS § 148.850 — KY Code / Title XII / Chapter 148 / Section 148.850
148.850 Tourism Development Finance Authority created -- Members -- Terms -- Conflicts of interest -- Powers
Status: in_force

148.850 Tourism Development Finance Authority created -- Members -- Terms --

Conflicts of interest -- Powers.

(1) The Tourism Development Finance Authority is created within the Tourism, Arts

and Heritage Cabinet. The authority shall consist of nine (9) members appointed by

the Governor, at least one (1) of whom shall represent individuals with professional

experience in financial management or economic development. The members of the

authority shall serve without compensation but shall be entitled to reimbursement

for their necessary expenses incurred in performing their duties. Of the members

initially appointed to the authority, two (2) members shall be appointed for terms of

one (1) year, three (3) members shall be appointed for terms of two (2) years, and

two (2) members shall be appointed for terms of three (3) years. Thereafter, the

members of the authority shall be appointed for terms of four (4) years.

(2) The Governor shall appoint one (1) member as chairperson of the Tourism

Development Finance Authority. The members of the authority may elect other

officers as they deem necessary.

(3) No member of the Tourism Development Finance Authority shall either directly or

indirectly be a party to, or be in any manner interested in, any contract or agreement

with the authority for any matter, cause, or thing that creates any liability or

indebtedness against the authority.

(4) The Tourism Development Finance Authority shall have the powers necessary to

carry out the purposes of this section, KRS 139.536, and KRS 148.851 to 148.860,

including but not limited to the power to:

(a) Employ fiscal consultants, attorneys, appraisers, and other agents on behalf of

the authority whom the authority deems necessary or convenient for the

preparation and administration of agreements and documents necessary or

incidental to any project. The fees for the services provided by persons

employed on behalf of the authority shall be paid by the beneficiary of a loan

under this program directly to the person providing consultation, advisory,

legal, or other services; and

(b) Impose and collect fees and charges in connection with any transaction and

provide for reasonable penalties for delinquent payment of fees and charges.
KRS § 65.360 — KY Code / Title IX / Chapter 65 / Section 65.360
65.360 Board of authority
Status: in_force

65.360 Board of authority.

(1) The authority shall be governed by a board composed of one (1) member appointed

by each unit of local government that is a party to the agreement, one (1) member

appointed by the superintendent of schools of the county school district or of the

independent school district, and one (1) member appointed by the Governor. Each

member shall serve at the pleasure of the respective appointing authority for a term

of four (4) years and shall serve without compensation. The members shall be

residents of the county and may be employees of the parties and shall serve without

additional compensation. Any vacancy shall be filled in the same manner as the

original appointment.

(2) The board of the authority shall meet as required, and three (3) members shall

constitute a quorum. Approval by a majority of the membership shall be necessary

for any action to be taken by the authority. All meetings shall be open to the public,

except as otherwise permitted by KRS 61.810, and a written record shall be

maintained of all meetings. A chairman shall be elected from among the members,

and he shall execute all deeds, leases, and contracts of the authority when

authorized by the board.

(3) The authority may employ its own staff or may utilize employees of the parties, as

determined by the agreement.
KRS § 99.440 — KY Code / Title IX / Chapter 99 / Section 99.440
99.440 Procedure for submitting question of bond issue
Status: in_force

99.440 Procedure for submitting question of bond issue.

Upon the approval by the council of the development plan, the agency shall proceed to

carry out the redevelopment. In the event that a bond issue is to be submitted by the

community to the voters for the purpose of providing funds to pay for the cost of the

redevelopment project or any part thereof, the question of issuing bonds shall be

submitted as required in KRS 66.040 and 91A.090, both inclusive.
KRS § 99.110 — KY Code / Title IX / Chapter 99 / Section 99.110
99.110 Existing corporation may become redevelopment corporation by amending articles
Status: in_force

99.110 Existing corporation may become redevelopment corporation by amending

articles.

At any time within twenty (20) years of June 1, 1942, any domestic corporation which is

not a redevelopment corporation but which has been incorporated pursuant to the general

corporation law, may become a redevelopment corporation by filing an appropriate

amendment to its articles of incorporation and obtaining certificate or certificates

pursuant to the general corporation law changing the provisions of its articles and charter

or certificate of incorporation to eliminate any provisions therein inconsistent with the

provisions of KRS 99.010 to 99.310 and adding or substituting the provisions required by

KRS 99.100 to 99.130, by changing its name to a name corresponding to the form "....

Redevelopment Corporation," and making all the other changes necessary to enable it to

conform with all of the provisions of KRS 99.010 to 99.310. Any such amended articles

of incorporation shall be prepared and filed pursuant to the general corporation law,

except that in addition to citing such law in the title of such certificate, the title shall also

state that it is being made pursuant to this section.
KRS § 13A.110 — KY Code / Title III / Chapter 13A / Section 13A.110
13A.110 Prescription of forms and tables
Status: in_force

13A.110 Prescription of forms and tables.

Except as provided in KRS 131.131, and subject to limitations in applicable statutes, any

administrative body that is empowered to promulgate administrative regulations may,

consistent with applicable statutes, prescribe forms and tables for use by the

administrative body and for the public in dealing with the administrative body unless the

content of such form is prescribed by a statute. Forms that are required to be submitted by

a regulated entity shall be included in an administrative regulation. Forms and tables that

meet the requirements of KRS 13A.2245 may be incorporated by reference.
KRS § 12.050 — KY Code / Title III / Chapter 12 / Section 12.050
12.050 Deputy heads of departments and directors of divisions and institutions
Status: in_force

12.050 Deputy heads of departments and directors of divisions and institutions.

Unless otherwise provided by law, deputy heads of departments, and directors of

divisions and institutions shall be appointed by the heads of the departments and in

statutory departments the appointment of deputy heads of departments, and heads of

divisions shall be with the prior written approval of the Governor. In departments each

division head shall report to the head of the department to which the division is assigned.
KRS § 91A.270 — KY Code / Title IX / Chapter 91A / Section 91A.270
91A.270 Contest by property owner
Status: in_force

91A.270 Contest by property owner.

(1) Within thirty (30) days of the mailing of the notice provided for in KRS 91A.260,

any affected property owner may file an action in the Circuit Court of the county,

contesting the undertaking of the project by special assessment, the inclusion of his

property in the improvement, or the amount of his assessment. If the action contests

the undertaking of the improvement by the special assessment method of the

inclusion of the property of that property owner, no further action on the

improvement insofar as it relates to any property owner who is a plaintiff shall be

taken until the final judgment has been entered.

(2) The city may proceed with the improvement with respect to any properties whose

owners have not filed or joined in an action as provided in this section or who have

contested only the amounts of their assessments, and the provisions of the

resolution shall be final and binding with respect to such property owners except as

to contested amounts of assessments. After the lapse of time as herein provided, all

actions by owners of properties shall be forever barred.