FrankGoortani/open-us-law huggingface dataset:
KRS § 405.020 — KY Code / Title XXXV / Chapter 405 / Section 405.020
405.020 Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian
Status: in_force

405.020 Custody, nurture, and education of minor child -- Physically and mentally

disabled children -- De facto custodian.

(1) The father and mother shall have the joint custody, nurture, and education of their

children who are under the age of eighteen (18). If either of the parents dies, the

survivor, if suited to the trust, shall have the custody, nurture, and education of the

children who are under the age of eighteen (18). The father shall be primarily liable

for the nurture and education of his children who are under the age of eighteen (18)

and for any unmarried child over the age of eighteen (18) when the child is a full-

time high school student, but not beyond completion of the school year during

which the child reaches the age of nineteen (19) years.

(2) The father and mother shall have the joint custody, care, and support of their

children who have reached the age of eighteen (18) and who are wholly dependent

because of permanent physical or mental disability. If either of the parents dies, the

survivor, if suited to the trust, shall have the custody, care, and support of such

children.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a person

claiming to be a de facto custodian, as defined in KRS 403.270, may petition a court

for legal custody of a child. The court shall grant legal custody to the person if the

court determines that the person meets the definition of de facto custodian and that

the best interests of the child will be served by awarding custody to the de facto

custodian.

(4) Notwithstanding the provisions of subsections (1) and (2) of this section, if either

parent dies and at the time of death a child is in the custody of a de facto custodian,

as defined in KRS 403.270, the court shall award custody to the de facto custodian

if the court determines that the best interests of the child will be served by that

award of custody.
KRS § 158.645 — KY Code / Title XIII / Chapter 158 / Section 158.645
158.645 Capacities required of students in public education system
Status: in_force

158.645 Capacities required of students in public education system.

The General Assembly recognizes that public education involves shared responsibilities.

State government, local communities, parents, students, and school employees must work

together to create an efficient public school system to achieve excellence in education.

Parents and students must assist schools with efforts to assure student attendance,

preparation for school, and involvement in learning. The cooperation of all involved is

necessary to assure that desired outcomes are achieved. It is the intent of the General

Assembly to create a system of public education which shall allow and assist all students

to acquire the following capacities:

(1) Literacy, including communication skills necessary to function in a complex and

changing world;

(2) Knowledge to make wise economic, social, career, and political choices;

(3) Core values and qualities of good character to make moral and ethical decisions

throughout life;

(4) Understanding of our constitutional republic, the three (3) branches of government,

and how government impacts citizens, the community, the state, and the nation;

(5) Sufficient self-knowledge and knowledge of the student's own mental and physical

wellness;

(6) Sufficient grounding in the arts to enable each student to appreciate the student's

own cultural and historical heritage;

(7) Sufficient preparation to choose and pursue the student's life's work intelligently;

and

(8) Skills to enable each student to compete competitively with students in other states.
KRS § 117.365 — KY Code / Title X / Chapter 117 / Section 117.365
117.365 Presentation of voter assistance forms, all voter and election official affirmations, and absentee ballot applications by county clerk to grand jury -- Certified photocopies
Status: in_force

117.365 Presentation of voter assistance forms, all voter and election official

affirmations, and absentee ballot applications by county clerk to grand jury --

Certified photocopies.

Upon the first day a grand jury convenes after a primary, regular election, or special

election, the county clerk shall present to the grand jury all voter assistance forms, all

voter and election official affirmations, and all applications for absentee ballots which

shall have been completed in the immediately preceding primary, regular election, or

special election. The county clerk may photocopy applications for absentee ballots, voter

and election official affirmations, and voter assistance forms, certify them as true copies

of the originals, and present the grand jury with those certified copies instead of the

originals. The county clerk shall retain all applications for absentee ballots, voter and

election official affirmations, and one (1) copy of each voter assistance form as part of the

records of the office and shall produce certified copies of any or all of them, when

required, to any subsequent grand jury.
KRS § 217.2201 — KY Code / Title XVIII / Chapter 217 / Section 217.2201
217.2201 Definitions for KRS 217.2201 to 217.2209
Status: in_force

217.2201 Definitions for KRS 217.2201 to 217.2209.

As used in KRS 217.2201 to 217.2209:

(1) "Department" means the Department for Public Health;

(2) "Food" has the same meaning as in KRS 217.015 and includes any beverage,

dietary ingredient, dietary supplement, or food additive as defined in KRS 217.015

intended for human consumption;

(3) "Kratom" means any part of the plant Mitragyna speciosa;

(4) "Kratom extract" means any food, food product, or dietary ingredient containing

any part of the leaf of the plant Mitragyna speciosa that has been extracted and

concentrated in order to provide more standardized dosing;

(5) "Kratom processor" means any person or entity that prepares, manufactures,

distributes, or maintains kratom extracts or kratom products or advertises,

represents, or claims to sell, prepare, or maintain kratom extracts or kratom

products;

(6) "Kratom product" means a food, powder, capsule, pill, or any other product

intended for oral consumption that contains any part of the leaf of the plant

Mitragyna speciosa or any extract thereof; and

(7) "Kratom retailer" means any person or entity that sells or advertises, represents, or

claims to sell kratom extracts or kratom products.
KRS § 136.013 — KY Code / Title XI / Chapter 136 / Section 136.013
136.013 "Bank for cooperatives" defined
Status: in_force

136.013 "Bank for cooperatives" defined.

As used in KRS 136.013 and 141.040 and unless a different meaning appears from the

context, the term bank for cooperatives means a corporation organized and chartered

pursuant to the provisions of Sections 2 and 3 of that Act of Congress known as the

"Farm Credit Act of 1933", as amended, engaged in business in the State of Kentucky,

and not exempt by virtue of the laws of the United States from taxation by the State of

Kentucky.
KRS § 205.992 — KY Code / Title XVII / Chapter 205 / Section 205.992
205.992 Penalties for child support recovery offenses
Status: in_force

205.992 Penalties for child support recovery offenses.

Any person violating the provisions of KRS 15.858 shall be fined not more than five

hundred dollars ($500) or be imprisoned in the county jail for not more than one (1) year,

or both.
KRS § 61.553 — KY Code / Title VIII / Chapter 61 / Section 61.553
61.553 Service credit -- Police
Status: in_force

61.553 Service credit -- Police.

A Kentucky Employees Retirement System member's work performed in the Department

of Kentucky State Police or its predecessor agency, the State Highway Patrol, prior to

July 1, 1956, shall be creditable as prior service in the Kentucky Employees Retirement

System if the member has not received prior service credit in the State Police Retirement

System for such period of work. The purpose of this section is to grant prior service credit

to state employees who cannot obtain such credit under the State Police Retirement

System because of the maximum State Police employment age established by KRS

16.520.
KRS § 132.672 — KY Code / Title XI / Chapter 132 / Section 132.672
132.672 Mapping project account -- Transfer of funds
Status: repealed

132.672 Mapping project account -- Transfer of funds.

(1) The Department of Revenue is authorized to establish an account entitled the

"mapping project account" which is a fund created within the restricted fund group

set forth in KRS 45.305. The purpose of this account is to provide funds for the

mapping project as set forth in KRS 132.670. This account shall not lapse.

(2) There is hereby authorized to be deposited into this account the balance of the

money heretofore deposited in the "Kentucky Wastewater Revolving Fund" created

pursuant to KRS 107.600, now repealed.

(3) The commissioner of revenue or any person duly authorized by him shall have the

authority to withdraw from this account for the purpose set forth in subsection (1)

of this section.
KRS § 610.120 — KY Code / Title LI / Chapter 610 / Section 610.120
610.120 Review or termination of disposition orders
Status: in_force

610.120 Review or termination of disposition orders.

(1) Except as otherwise provided by KRS Chapters 605 and 635, an order of

commitment or an order of supervision or probation made by the court in the case of

a child may be terminated at any time prior to expiration on the court's own

initiative or on motion by:

(a) A child who is affected by an order of juvenile session of District Court;

(b) The family, custodian, guardian, or legal representative of such a child;

(c) The Department of Juvenile Justice or the cabinet;

(d) The county attorney of the county in which the committing court presides; or

(e) Any other person having an interest in the welfare of the child.

(2) Grounds for such action may include but are not limited to allegations that there has

been a substantial change of material circumstances, there exists new evidence

affecting the disposition of the child, the child is no longer in need of commitment,

probation, or placement, the child has not responded to or benefited from treatment

or the child has not received adequate and proper treatment, the original

proceedings were not conducted in the manner required by law or the public interest

requires termination of the order. Upon review of the child's case, the Department

of Juvenile Justice, the cabinet, any agency, facility, or individual responsible for

the supervision, care, or treatment of the child shall divulge and communicate such

information regarding the child as the court may require.

(3) Except as otherwise provided by KRS Chapter 640 relating to youthful offenders,

and KRS 610.110, 620.140, 635.060, 635.090, 635.515, or 645.140, relating to

extending commitment beyond the age of eighteen (18), an order of commitment,

temporary custody, or an order of supervision or probation made by the court in the

case of a child shall be terminated when the child attains the age of eighteen (18)

unless otherwise provided in law. At least fourteen (14) days prior to the

termination of an order of commitment, the Department of Juvenile Justice or the

cabinet shall prepare a summary of the information concerning the child and submit

it with written notification to the committing court that a child's commitment is due

to expire.
KRS § 141.990 — KY Code / Title XI / Chapter 141 / Section 141.990
141.990 Penalties
Status: in_force

141.990 Penalties.

(1) Any individual, fiduciary, corporation, employer, or other person who violates any

of the provisions of this chapter shall be subject to the uniform civil penalties

imposed pursuant to KRS 131.180.

(2) Every tax imposed by this chapter, and all increases, interest, and penalties thereon,

shall become, from the time it is due and payable, a personal debt to the state from

the taxpayer or other person liable therefor.

(3) In addition to the penalties herein prescribed, any taxpayer or employer, who

willfully fails to make a return or willfully makes a false return, or who willfully

fails to pay taxes owing or collected, with intent to evade payment of the tax or

amount collected, or any part thereof, shall be guilty of a Class D felony.

(4) Any person who willfully aids or assists in, or procures, counsels, or advises the

preparation or presentation under, or in connection with any matter arising under

this chapter of a return, affidavit, claim, or other document, which is fraudulent or is

false as to any material matter, whether or not the falsity or fraud is with the

knowledge or consent of the person authorized or required to present such return,

affidavit, claim, or document, shall be guilty of a Class D felony.

(5) A return for the purpose of this section shall mean and include any return,

declaration, or form prescribed by the department and required to be filed with the

department by the provisions of this chapter, or by the rules and regulations of the

department or by written request for information to the taxpayer by the department.
KRS § 141.345 — KY Code / Title XI / Chapter 141 / Section 141.345
141.345 Refund or credit in case of overpayment
Status: in_force

141.345 Refund or credit in case of overpayment.

(1) Where there has been an overpayment of tax under KRS 141.310 or 141.315, refund

or credit shall be made to the employer only to the extent that the amount of such

overpayment was not deducted and withheld under KRS 141.310 or 141.315 by the

employer.

(2) Unless written application for refund or credit is received by the department from

the employer within four (4) years from the date the overpayment was made, no

refund or credit shall be allowed.
KRS § 215.560 — KY Code / Title XVIII / Chapter 215 / Section 215.560
215.560 Affidavit of failure to comply -- Administrative and judicial action
Status: in_force

215.560 Affidavit of failure to comply -- Administrative and judicial action.

(1) Whenever a person has reasonable cause to suspect that an individual with active

tuberculosis has knowingly failed to comply with the provisions of KRS 215.520 to

215.600, the person may file an affidavit with the local health department serving

the jurisdiction where the individual resides or where the alleged violation occurred.

The affiant shall state the details of the violation as completely and accurately as

possible and the local health department shall, with the assistance of the cabinet, if

necessary, conduct an appropriate investigation and, if indicated, shall order the

violator in writing to submit to the needed precautions, including quarantine, in

order to isolate and restrict activities, examination, or treatment. If the local health

department determines in the course of providing services that a violation has

occurred, it may issue an order regardless of the presence of an affidavit.

(2) If a person refuses to comply with an order of a local health department pursuant to

subsection (1) of this section, the health department shall, if the public health need

for intervention still exists, file a verified petition for relief with the District Court

in the county of its principal office. The health department shall include all pertinent

details in its petition. The defendant shall have the right to be represented by

counsel and the case shall be handled in the same manner as a civil case in every

other regard. If the court finds from a preponderance of the evidence or upon

admission by the defendant that the defendant is in violation of provisions in KRS

215.520 to 215.600, the court shall enter an order that the appropriate precautions,

examinations, or treatment be carried out.
KRS § 189.2851 — KY Code / Title XVI / Chapter 189 / Section 189.2851
189.2851 Operation, titling, registration, and insuring of motor scooters -- Headgear requirements
Status: in_force

189.2851 Operation, titling, registration, and insuring of motor scooters --

Headgear requirements.

(1) As used in this section, "motor scooter" has the same meaning as in KRS 186.010.

(2) A person may operate a motor scooter on a highway if the operator has a valid

motorcycle operator's license or motorcycle instructional permit in his or her

possession.

(3) A motor scooter operating on a highway is considered to be a motorcycle as defined

in KRS 186.010 and shall be titled in accordance with KRS Chapter 186A and

registered as a motorcycle in accordance with KRS 186.050(2).

(4) A motor scooter operating on a highway shall be insured in compliance with KRS

304.39-110 by the owner or operator, and the proof of insurance shall be in

possession of the operator at all times of operation on a highway.

(5) A person operating a motor scooter on a highway shall comply with the traffic

regulations of this chapter, meet the same equipment standards as those for

motorcycles in this chapter, and shall be subject to the provisions of KRS Chapter

189A.

(6) A person operating a motor scooter shall be subject to the protective headgear

requirements of KRS 189.285.
KRS § 65.499 — KY Code / Title IX / Chapter 65 / Section 65.499
65.499 Notice of contract of release to tax collector -- Distribution of tax revenues
Status: in_force

65.499 Notice of contract of release to tax collector -- Distribution of tax revenues.

Any agency, other than a county, consolidated local government, city, urban-county, or

charter county government, that enters into a contract with any taxing district for the

release of any increments that may arise during the period of a contract of release shall

forthwith notify the official charged with the collecting of taxes for the property in the

development area of the execution of a contract of release, and the official charged with

the collection of taxes shall in each year a contract of release is in effect determine the

amount of the increment that is the subject of the contract of release for division between

the taxing district and the agency; and, upon the basis of the agreement made between the

taxing district and the agency, the official shall divide and distribute the funds derived

from the area between the taxing district and the agency. Any local government that has

designated an agency as having oversight of a designated development area shall annually

issue a release to the agency of those increments created from the taxes collected on

properties within the development area. All increments released to an agency of a local

government shall be used solely for the purposes of projects in the development area.
KRS § 532.300 — KY Code / Title L / Chapter 532 / Section 532.300
532.300 Prohibition against death sentence being sought or given on the basis of race -- Procedures for dealing with claims
Status: in_force

532.300 Prohibition against death sentence being sought or given on the basis of

race -- Procedures for dealing with claims.

(1) No person shall be subject to or given a sentence of death that was sought on the

basis of race.

(2) A finding that race was the basis of the decision to seek a death sentence may be

established if the court finds that race was a significant factor in decisions to seek

the sentence of death in the Commonwealth at the time the death sentence was

sought.

(3) Evidence relevant to establish a finding that race was the basis of the decision to

seek a death sentence may include statistical evidence or other evidence, or both,

that death sentences were sought significantly more frequently:

(a) Upon persons of one race than upon persons of another race; or

(b) As punishment for capital offenses against persons of one race than as

punishment for capital offenses against persons of another race.

(4) The defendant shall state with particularity how the evidence supports a claim that

racial considerations played a significant part in the decision to seek a death

sentence in his or her case. The claim shall be raised by the defendant at the pre-trial

conference. The court shall schedule a hearing on the claim and shall prescribe a

time for the submission of evidence by both parties. If the court finds that race was

the basis of the decision to seek the death sentence, the court shall order that a death

sentence shall not be sought.

(5) The defendant has the burden of proving by clear and convincing evidence that race

was the basis of the decision to seek the death penalty. The Commonwealth may

offer evidence in rebuttal of the claims or evidence of the defendant.
KRS § 212.570 — KY Code / Title XVIII / Chapter 212 / Section 212.570
212.570 Reports to Cabinet for Health and Family Services, fiscal court, and board of aldermen
Status: in_force

212.570 Reports to Cabinet for Health and Family Services, fiscal court, and board

of aldermen.

The board shall make an annual report of its fiscal and other operations to the Cabinet for

Health and Family Services of Kentucky, the fiscal court of such county and to the

legislative body of such city. Such report shall be filed within sixty (60) days after the

close of the board's fiscal year and shall be accompanied by such information, tables, and

data as may be necessary to present a reasonably detailed report of the board's condition

and activities during the preceding fiscal year.
KRS § 234.320 — KY Code / Title XIX / Chapter 234 / Section 234.320
234.320 Imposition of excise tax
Status: in_force

234.320 Imposition of excise tax.

(1) An excise tax at the rate levied in KRS 138.220(1) and (2) is hereby levied and shall

be paid by the liquefied petroleum gas motor fuel dealer to the department on all

taxable liquefied petroleum gas motor fuel delivered to the licensed liquefied

petroleum gas motor fuel user-seller or withdrawn by the liquefied petroleum gas

motor fuel dealer to propel motor vehicles on the public highways, either within or

without this state. An allowance of one percent (1%) of the tax shall be made to the

liquefied petroleum gas motor fuel dealer to cover unaccountable losses, bad debts,

and handling and reporting the tax.

(2) No other excise or license tax shall be levied or assessed on liquefied petroleum gas

motor fuel by any political subdivision of the state, except the licenses under KRS

234.120.

(3) No provision of KRS 234.310 to 234.440 shall in any way affect the surtax imposed

on heavy equipment motor carriers under KRS 138.660.
KRS § 80.350 — KY Code / Title IX / Chapter 80 / Section 80.350
80.350 Decreasing area of operation of regional authority
Status: in_force

80.350 Decreasing area of operation of regional authority.

The area of operation of a regional housing authority shall be decreased from time to time

to exclude one or more counties from such area if the governing body of each of the

counties in such area and the members of the regional housing authority each adopt a

resolution declaring that there is a need for excluding such county or counties from such

area. No action shall be taken pursuant to this section if the regional housing authority has

outstanding any bonds, notes or other evidences of indebtedness, unless first, all holders

of such evidences of indebtedness consent in writing to such action. If such action

decreases the area of operation of the regional housing authority to only one (1) county,

the authority shall thereupon constitute and become a housing authority for that county, in

the same manner as though the authority were created pursuant to KRS 80.320, and the

members of such county housing authority shall be thereupon appointed as provided for

the appointment of members of a housing authority created for a county.
KRS § 383.230 — KY Code / Title XXXII / Chapter 383 / Section 383.230
383.230 Witnesses, subpoenas and coercion of attendance
Status: in_force

383.230 Witnesses, subpoenas and coercion of attendance.

The court may issue subpoenas for witnesses at the request of either party, and their

attendance and testifying may be coerced by the court which conducts the inquest.