FrankGoortani/open-us-law huggingface dataset:
KRS § 61.557 — KY Code / Title VIII / Chapter 61 / Section 61.557
61.557 Service credit -- United States employment service
Status: in_force

61.557 Service credit -- United States employment service.

(1) Inasmuch as the takeover of the Kentucky State Employment Service by the federal

government, through its United States Employment Service and War Manpower

Commission, was recognized by both federal and state governments as a temporary

measure during the war emergency, and the employment service was, in fact,

returned to the state government at the close of the emergency period, the

employees of the service are recognized as employees of the Commonwealth for the

purposes of KRS 61.510 to 61.692 during the period of control by the federal

government, in the same manner as if they had been employed in another

department of the government of the Commonwealth during that period.

(2) If a parted employer rejoins a department as a result of the cancellation of a contract

or lease arrangement, thereby causing each employee thereof to again become an

employee as defined in KRS 61.510(5), the system may negotiate with the publicly

held corporation or other similar organizations for payment for the years of service

credit under the system for all employees working on the date the contract or other

lease arrangement is canceled in order to avoid an impairment in the retirement

benefits of the employees, if any payment accepted by the system for the service is

consistent with the provisions of KRS 61.552(7)(b) and (8). No payment made

pursuant to this section shall be picked up by the employer, as described in KRS

61.560(4).
KRS § 218A.133 — KY Code / Title XVIII / Chapter 218A / Section 218A.133
218A.133 Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose
Status: in_force

218A.133 Exemption from prosecution for possession of controlled substance or

drug paraphernalia if seeking assistance with drug overdose.

(1) As used in this section:

(a) "Drug overdose" means an acute condition of physical illness, coma, mania,

hysteria, seizure, cardiac arrest, cessation of breathing, or death which

reasonably appears to be the result of consumption or use of a controlled

substance, or another substance with which a controlled substance was

combined, and that a layperson would reasonably believe requires medical

assistance; and

(b) "Good faith" does not include seeking medical assistance during the course of

the execution of an arrest warrant, or search warrant, or a lawful search.

(2) A person shall not be charged with or prosecuted for a criminal offense prohibiting

the possession of a controlled substance or the possession of drug paraphernalia, for

a violation of KRS 507.030(1)(d) or 507.040(1)(d), or for an offense punishable

under KRS 218A.1412(3)(c) if:

(a) In good faith, medical assistance with a drug overdose is sought from a public

safety answering point, emergency medical services, a law enforcement

officer, or a health practitioner because the person:

1. Requests emergency medical assistance for himself or herself or another

person;

2. Acts in concert with another person who requests emergency medical

assistance; or

3. Appears to be in need of emergency medical assistance and is the

individual for whom the request was made;

(b) The person remains with, or is, the individual who appears to be experiencing

a drug overdose until the requested assistance is provided; and

(c) The evidence for the charge or prosecution is obtained as a result of the drug

overdose and the need for medical assistance.

(3) The provisions of subsection (2) of this section shall not extend to the investigation

and prosecution of any other crimes committed by a person who otherwise qualifies

under this section.

(4) When contact information is available for the person who requested emergency

medical assistance, it shall be reported to the local health department. Health

department personnel shall make contact with the person who requested emergency

medical assistance in order to offer referrals regarding substance abuse treatment, if

appropriate.

(5) A law enforcement officer who makes an arrest in contravention of this section

shall not be criminally or civilly liable for false arrest or false imprisonment if the

arrest was based on probable cause.
KRS § 29A.250 — KY Code / Title IV / Chapter 29A / Section 29A.250
29A.250 Foreman of grand jury -- Oath to witnesses
Status: in_force

29A.250 Foreman of grand jury -- Oath to witnesses.

The grand jurors shall elect one (1) of their members to be foreman. The foreman shall

administer an oath to each witness who testifies before the grand jury, substantially as

follows: "Do you swear or affirm that you will tell the truth, the whole truth, and nothing

but the truth?".
KRS § 131.051 — KY Code / Title XI / Chapter 131 / Section 131.051
131.051 "Taxpayer representative" defined for KRS 131.041 to 131.081
Status: in_force

131.051 "Taxpayer representative" defined for KRS 131.041 to 131.081.

As used in KRS 131.041 to 131.081, unless the context requires otherwise, "taxpayer

representative" means any attorney, tax practitioner, or other person designated by a

taxpayer to represent him before the department in any matter relating to taxes

administered by the department.
KRS § 2.105 — KY Code / Title I / Chapter 2 / Section 2.105
2.105 Official Latin motto
Status: in_force

2.105 Official Latin motto.

The phrase "Deo gratiam habeamus" is named and designated the Commonwealth's

official Latin motto.
KRS § 382.080 — KY Code / Title XXXII / Chapter 382 / Section 382.080
382.080 Recording of conveyance for longer than five years and of marriage agreement
Status: in_force

382.080 Recording of conveyance for longer than five years and of marriage

agreement.

(1) No deed conveying any title to or interest in real property, or lease of oil, gas, coal

or mineral right and privilege, for a longer time than five (5) years, nor any

agreement in consideration of marriage, shall be good against a purchaser for a

valuable consideration without notice thereof, or any creditor, unless the deed is

acknowledged by the party who executes it, or is proved and lodged for record in

the proper office, as prescribed by law.

(2) The provisions of this section shall apply with like protection to the creditor of, or

innocent purchaser from, the heir or devisee of the grantor.
KRS § 164.036 — KY Code / Title XIII / Chapter 164 / Section 164.036
164.036 Council for Educational Research -- Duty to advise on data needed by colleges of education -- Service by deans of colleges of education
Status: in_force

164.036 Council for Educational Research -- Duty to advise on data needed by

colleges of education -- Service by deans of colleges of education.

(1) The Council for Educational Research is hereby established.

(2) At least once each year, the council shall advise the Board of the Kentucky Center

for Statistics and the Office of the Kentucky Center for Statistics on the data needed

by colleges of education for conducting education research.

(3) The deans of the colleges of education at each public research and comprehensive

university shall serve on the council or appoint a designee from the research faculty

in the college of education.
KRS § 532.070 — KY Code / Title L / Chapter 532 / Section 532.070
532.070 Court modification of felony sentence
Status: in_force

532.070 Court modification of felony sentence.

(1) When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS

532.060 and the trial court, having regard to the nature and circumstances of the

crime and to the history and character of the defendant, is of the opinion that a

sentence of imprisonment is necessary but that the maximum term fixed by the jury

is unduly harsh, the court may modify that sentence and fix a maximum term within

the limits provided in KRS 532.060 for the offense for which the defendant

presently stands convicted.

(2) When a sentence of imprisonment for a Class D felony is fixed by a jury pursuant to

KRS 532.060 and the trial court, having regard to the nature and circumstances of

the crime and to the history and character of the defendant, is of the opinion that a

sentence of imprisonment is necessary but that it would be unduly harsh to impose

such a sentence, the court may sentence the defendant to a definite term of

imprisonment in a county or a regional correctional institution for a term of one (1)

year or less.
KRS § 262.280 — KY Code / Title XXI / Chapter 262 / Section 262.280
262.280 Board to provide record -- Audits of district accounts -- Data to be furnished to commission
Status: in_force

262.280 Board to provide record -- Audits of district accounts -- Data to be

furnished to commission.

(1) The board shall provide for the keeping of a full and accurate record of all its

proceedings and of all resolutions, regulations, and orders issued or adopted by it.

(2) Notwithstanding KRS 65A.030, an audit of the accounts of each soil and water

conservation district shall take place once every four (4) years unless the soil and

water conservation district receives or expends one million dollars ($1,000,000) or

more in any year, in which case the soil and water conservation district shall

provide for the performance of an annual audit. The audit shall be conducted in

accordance with audit standards and requirements stipulated in KRS 65.065(5).

(3) Upon request of the commission, the board shall furnish the commission with

copies of ordinances, regulations, orders, contracts, forms, and other documents

adopted or employed by the board and any other information requested by the

commission concerning the board's activities.
KRS § 243.450 — KY Code / Title XX / Chapter 243 / Section 243.450
243.450 Causes for denial of license
Status: in_force

243.450 Causes for denial of license.

(1) A license shall be denied:

(a) If the applicant or the premises for which the license is sought does not

comply fully with all applicable statutes under KRS Chapters 241 to 244 and

the administrative regulations of the board;

(b) If an alcoholic beverage applicant has not obtained approval from the local

administrator for a county or city license required at the proposed premises;

(c) If the applicant has done any act for which a revocation of license would be

authorized; or

(d) If the applicant has made any false material statement in its application.

(2) A license may be denied by a state administrator for any reason that the

administrator, in the exercise of the administrator's sound discretion, deems

sufficient. Among those factors that the administrator shall consider in the exercise

of this discretion are:

(a) Public sentiment in the area;

(b) Number of licensed outlets in the area;

(c) Potential for future growth;

(d) Type of area involved;

(e) Type of transportation available;

(f) Financial potential of the area; and

(g) Applicant's status as a delinquent taxpayer as defined in KRS 131.1815.

(3) A direct shipper license applicant shall be exempt from the requirements of this

section and shall instead meet the requirements for its license type as set forth in

KRS 243.027.
KRS § 237.106 — KY Code / Title XIX / Chapter 237 / Section 237.106
237.106 Right of employees and other persons to possess firearms in vehicle -- Employer liable for denying right -- Exceptions
Status: in_force

237.106 Right of employees and other persons to possess firearms in vehicle --

Employer liable for denying right -- Exceptions.

(1) No person, including but not limited to an employer, who is the owner, lessee, or

occupant of real property shall prohibit any person who is legally entitled to possess

a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition

component in a vehicle on the property.

(2) A person, including but not limited to an employer, who owns, leases, or otherwise

occupies real property may prevent a person who is prohibited by state or federal

law from possessing a firearm or ammunition from possessing a firearm or

ammunition on the property.

(3) A firearm may be removed from the vehicle or handled in the case of self-defense,

defense of another, defense of property, or as authorized by the owner, lessee, or

occupant of the property.

(4) An employer that fires, disciplines, demotes, or otherwise punishes an employee

who is lawfully exercising a right guaranteed by this section and who is engaging in

conduct in compliance with this statute shall be liable in civil damages. An

employee may seek and the court shall grant an injunction against an employer who

is violating the provisions of this section when it is found that the employee is in

compliance with the provisions of this section.

(5) The provisions of this section shall not apply to any real property:

(a) Owned, leased, or occupied by the United States government, upon which the

possession or carrying of firearms is prohibited or controlled;

(b) Of a detention facility as defined in KRS 520.010; or

(c) Where a section of the Kentucky Revised Statutes specifically prohibits

possession or carrying of firearms on the property.
KRS § 512.090 — KY Code / Title L / Chapter 512 / Section 512.090
512.090 Unlawful acts relating to acquiring metals
Status: in_force

512.090 Unlawful acts relating to acquiring metals.

(1) A person is guilty of unlawful acts relating to acquiring metals when the person

intentionally and without permission cuts, mutilates, defaces, or otherwise injures

any personal or real property of another, including any fixtures or improvements,

for the purpose of obtaining any restricted metal, nonferrous metal, or ferrous metal

as defined in KRS 433.900, in any amount.

(2) Unlawful acts relating to acquiring metals is:

(a) A Class B misdemeanor with a fine of not more than two hundred fifty dollars

($250) or imprisonment in the county jail for less than ninety (90) days, or

both, if the direct injury to the property, the amount of loss in value to the

property, the amount of repairs necessary to return the property to its condition

before the act, or the property loss, including fixtures or improvements, is less

than three thousand dollars ($3,000); or

(b) A Class D felony with a fine of not less than one thousand dollars ($1,000)

and not more than ten thousand dollars ($10,000) or double his or her gain

from commission of the offense, whichever is the greater, or imprisonment for

not less than one (1) year but not more than five (5) years, or both, if the direct

injury to the property, the amount of loss in value to the property, the amount

of repairs necessary to return the property to its condition before the act, or the

property loss, including fixtures or improvements, is three thousand dollars

($3,000) or more.
KRS § 205.636 — KY Code / Title XVII / Chapter 205 / Section 205.636
205.636 Temporary COVID-19 personal care attendant -- Training and competency requirements -- Application for waiver or plan amendment
Status: in_force

205.636 Temporary COVID-19 personal care attendant -- Training and competency

requirements -- Application for waiver or plan amendment.

(1) As used in this section:

(a) "COVID-19 pandemic" means the national emergency declaration concerning

COVID-19 as declared by the President of the United States and the United States

Department of Health and Human Services; and

(b) "Temporary COVID-19 personal care attendant" or "PCA" means a person who is

employed and received training in a skilled nursing facility under a temporary

accommodation made to address work load increases and staffing shortages

caused by the COVID-19 pandemic by the suspension of federal regulatory and

statutory provisions by the Centers for Medicare and Medicaid Services.

(2) The Department for Medicaid Services shall accept the training requirements as included

in the "Temporary COVID-19 Personal Care Attendant memorandum" issued April 14,

2020, by the Cabinet for Health and Family Services that are completed by a PCA who

is in good standing with his or her employer. The PCA shall be deemed a state registered

nurse aide and shall be placed on the Kentucky Nurse Aide Registry if:

(a) A minimum of eighty (80) hours of PCA duties have been completed within a

skilled nursing facility under the supervision of a licensed or registered nurse; and

(b) Competency has been established by the following:

1. Through an assessment in all areas of required nurse aide training as provided

for in 42 C.F.R. sec. 483.152(b) by an instructor who is a licensed nurse

confirmed by the facility to have completed instructor training required by the

Department for Medicaid Services; and

2. Successful completion of the nurse aide examination.

(3) The Department for Medicaid Services shall:

(a) Apply for any Medicaid waivers or state plan amendments necessary to implement

subsection (2) of this section;

(b) Incorporate the provisions under subsection (2) of this section into the nurse aide

training and competency evaluation program requirements; and

(c) Promulgate any administration regulation necessary to implement this subsection and

subsection (2) of this section.
KRS § 98.050 — KY Code / Title IX / Chapter 98 / Section 98.050
98.050 Building commission to be appointed -- Ordinance -- Appropriation
Status: in_force

98.050 Building commission to be appointed -- Ordinance -- Appropriation.

If there is no building commission, of the type contemplated by this section, in the city of

the first class, the legislative body of the city may, by ordinance, request the mayor to

appoint building commissioners. The ordinance shall define in general terms the work

proposed to be done by the building commission and shall make an appropriation for the

necessary expenses of the commission. If the mayor approves the ordinance, he shall

thereupon make the appointments.
KRS § 96.918 — KY Code / Title IX / Chapter 96 / Section 96.918
96.918 Procedure for establishment of classification -- First ordinance
Status: in_force

96.918 Procedure for establishment of classification -- First ordinance.

The governing body of any city desiring to establish special classes of sewer users shall

initiate proceedings by adopting an ordinance to be known as the "First Ordinance,"

which shall state:

(1) The special classes of sewer users proposed to be created, the reasons and

justifications for each classification, and the general geographical boundaries of

each class, if susceptible of geographic identification;

(2) Whether a basic sewer service charge is proposed;

(3) The charges proposed initially for each special class; or, if such charges are

dependent upon factors later to be determined, the formula, method, or basis upon

which such charges will be established;

(4) Whether differences in charges, or schedules thereof shall be of indefinite duration,

or of limited duration;

(5) Whether immediate construction and installation of sewer facilities, including

reconstructing, replacing, repairing, extending, improving, enlarging, adding to, or

completing any existing facilities, is proposed, and if so, a brief summary of

preliminary findings and recommendations of an engineer, licensed by the

Commonwealth, showing the occasion for such necessity and the general nature,

scope, and estimated cost thereof; and

(6) The aggregate of revenues to be produced, and the amount of annual revenue

estimated to be produced from users of each proposed special class.
KRS § 35.364 — KY Code / Title V / Chapter 35 / Section 35.364
35.364 Leave required to be taken pending review of certain court-martial convictions
Status: in_force

35.364 Leave required to be taken pending review of certain court-martial

convictions.

Under regulations prescribed, an accused who has been sentenced by a court-martial may

be required to take leave pending completion of action under this section if the sentence,

as approved under KRS 35.326, includes an unsuspended dismissal or an unsuspended

dishonorable or bad-conduct discharge. The accused may be required to begin that leave

on the date on which the sentence is approved under KRS 35.326 or at any time after that

date, and the leave may be continued until the date on which action under this section is

completed or may be terminated at an earlier time.
KRS § 362.447 — KY Code / Title XXIX / Chapter 362 / Section 362.447
362.447 General power and liabilities of general partners
Status: in_force

362.447 General power and liabilities of general partners.

(1) Except as provided in KRS 362.403 to 362.525 or in the partnership agreement, a

general partner of a limited partnership shall have all of the rights and powers, and

is subject to all of the restrictions, of a partner in a partnership without limited

partners.

(2) Except as provided in KRS 362.403 to 362.525, a general partner of a limited

partnership shall have all of the liabilities of a partner in a partnership without

limited partners to persons other than the partnership and the other partners. Except

as provided in KRS 362.403 to 362.525 or in the partnership agreement, a general

partner of a limited partnership shall have all of the liabilities of a partner in a

partnership without limited partners to the partnership and to the other partners.
KRS § 173.870 — KY Code / Title XIV / Chapter 173 / Section 173.870
173.870 Allocation of funds
Status: in_force

173.870 Allocation of funds.

The state librarian shall annually on September 1 cause the State Treasurer to pay to each

qualifying library out of the urban libraries fund, to the extent that funds are available, the

sums computed as follows:

(1) The sum of twenty-five cents ($0.25) for each resident of the county containing a

qualifying library based on the then current census of such county supplied by the

Bureau of Census, United States Department of Commerce; and

(2) The remainder of available funds shall be divided equally between each qualifying

library as defined by KRS 173.850.