FrankGoortani/open-us-law huggingface dataset:
KRS § 96.543 — KY Code / Title IX / Chapter 96 / Section 96.543
96.543 Ordinance for acquisition of system and issuance of bonds -- Election -- Plans and specifications -- Acquisition of lands and easements
Status: in_force

96.543 Ordinance for acquisition of system and issuance of bonds -- Election --

Plans and specifications -- Acquisition of lands and easements.

(1) Before any city may acquire, maintain, or operate any such artificial gas system, the

legislative body of the city shall pass an ordinance declaring it desirable that this be

done, and shall prepare an estimate of the probable cost of the system. If revenue

bonds are to be issued to pay the cost the ordinance shall so provide. An election

shall be had on the adoption of the ordinance if a number of legal voters of the city

equal to twenty-five percent (25%) of the total number of votes cast in the city at the

last regular election file a petition within ten (10) days after the ordinance is passed

asking that the question of approval of the ordinance be submitted to a vote of the

people. If the petition is filed with the county clerk and certified by the county clerk

as sufficient not later than the second Tuesday in August preceding the next regular

election, the election shall be held at the next regular election held in the city. If no

petition is filed, the city may proceed immediately with the acquisition of an

artificial gas system.

(2) If an election is petitioned for, the presiding officer of the city shall certify the

ordinance to the county clerk, who shall cause to be prepared for presentation to the

voters the question: "Are you in favor of acquiring, maintaining and operating an

artificial gas system in accordance with the estimate of cost adopted by the .... (here

insert name of city) and the issuance of revenue bonds in the amount of $.... (here

insert total face amount of bonds estimated by the legislative body of the city to be

necessary to pay the cost of the system, based upon the estimate of cost)." The

voters shall indicate a "Yes" or a "No" vote. The presiding officer of the city shall

advertise the election and its object by publication pursuant to KRS Chapter 424.

All legal voters of the city may vote at the election.

(3) If an election is held, the city shall not acquire, maintain or operate the system or

issue revenue bonds unless a majority of all the qualified voters voting on the

question vote in favor thereof.

(4) Before revenue bonds are issued the legislative body of the city shall select the

location of the system, prepare the necessary plans and specifications, and take all

steps necessary in its judgment for the acquisition of the land, right of ways,

constructions, franchises and easements necessary for the construction of the

system.
KRS § 216B.168 — KY Code / Title XVIII / Chapter 216B / Section 216B.168
216B.168 Definitions for section -- PACE service providers -- Health facility license not required to provide PACE services -- Eligibility to participate and enroll in National Background Check Program
Status: in_force

216B.168 Definitions for section -- PACE service providers -- Health facility license

not required to provide PACE services -- Eligibility to participate and enroll in

National Background Check Program.

(1) As used in this section:

(a) "National Background Check Program" or "NBCP" means the enhanced

employment background check screening process used by health facilities or

services that are licensed under this chapter;

(b) "PACE" means programs of all-inclusive care for the elderly as provided in

42 U.S.C. sec. 1395eee; and

(c) "PACE service provider" means an organization that provides services for the

elderly pursuant to and in compliance with an agreement among the provider,

the Centers for Medicare and Medicaid Services, and the Kentucky

Department for Medicaid Services.

(2) Nothing in this chapter shall be construed to require a PACE service provider to

obtain a health facility license to provide PACE services.

(3) A PACE service provider shall be eligible to participate and enroll in the NBCP to

perform employment background checks.
KRS § 214.610 — KY Code / Title XVIII / Chapter 214 / Section 214.610
214.610 Cabinet for Health and Family Services to approve educational courses on all aspects of HIV and acquired immunodeficiency syndrome -- Publication of current informational resources to inform and update all health care professionals
Status: in_force

214.610 Cabinet for Health and Family Services to approve educational courses on

all aspects of HIV and acquired immunodeficiency syndrome -- Publication of

current informational resources to inform and update all health care

professionals.

(1) The Cabinet for Health and Family Services shall approve appropriate educational

courses on the transmission, control, treatment, and prevention of the human

immunodeficiency virus and acquired immunodeficiency syndrome, that may

address appropriate behavior and attitude change.

(2) The Department for Public Health shall publish on its Web site the current

informational resources for the development of the educational courses or programs.

To the extent possible, the educational courses or programs under this subsection

shall:

(a) Include changes in Kentucky law affecting HIV testing and reporting;

confidentiality and privacy of HIV-related data, information, and reports; and

advances in treatment protocols, intervention protocols, coordination of

services, and other information deemed important by the Department for

Public Health and the Centers for Disease Control and Prevention (CDC);

(b) Inform all professions involved with or affected by the birthing process about

the importance of HIV testing of pregnant women and the probability of

preventing perinatal transmission of HIV with appropriate treatment; and

(c) Update all health care professionals requesting information about the potential

involvement of their occupation in the treatment or prevention of blood-borne

pathogens with the latest CDC guidelines on occupational exposure to HIV

and other blood-borne pathogens.
KRS § 15.080 — KY Code / Title III / Chapter 15 / Section 15.080
15.080 Biennial report to Governor
Status: in_force

15.080 Biennial report to Governor.

The Attorney General shall biennially, on or before December 31 preceding each regular

session of the General Assembly, report to the Governor a full statement of the business

done in his office.
KRS § 95.626 — KY Code / Title IX / Chapter 95 / Section 95.626
95.626 Funeral benefit
Status: in_force

95.626 Funeral benefit.

When an active or retired member of the police or fire department dies under the

conditions set out in paragraph (c) of subsection (3) of KRS 95.624 the board of trustees

of the pension fund may pay from the fund to the widow or family a sum of not more than

one hundred dollars ($100) for funeral expenses.

History : Created 1966 Ky. Acts ch. 8, sec. 7.
KRS § 150.320 — KY Code / Title XII / Chapter 150 / Section 150.320
150.320 Birds not protected -- Nests and eggs
Status: in_force

150.320 Birds not protected -- Nests and eggs.

(1) No person shall take any wild bird except game birds or live raptors for which there

is an open season, either under the laws of Kentucky and the regulations of the

department or the laws of the United States, except those birds mentioned in

subsection (2) of this section.

(2) This chapter does not protect or in any way limit the taking of the starling or the

English sparrow, but any persons taking any of them must have a hunting license.

(3) No person shall take, disturb, or destroy the nest or eggs of any wild birds except for

raptors as prescribed by regulation.
KRS § 350.245 — KY Code / Title XXVIII / Chapter 350 / Section 350.245
350.245 Permit required to conduct mining for vein minerals -- Exemptions
Status: in_force

350.245 Permit required to conduct mining for vein minerals -- Exemptions.

A person shall not conduct mining for limestone, dolomite, sand, gravel, clay, fluorspar,

or other vein minerals without first obtaining a permit from the cabinet. However, no

permit shall be required for the excavation of limestone, dolomite, sand, gravel, clay,

fluorspar, or other vein minerals by a landowner for personal, noncommercial use if:

(1) Fifty (50) tons or less are excavated in twelve (12) successive calendar months;

(2) They are excavated from land owned by the landowner; and

(3) They are used only on the property owned by the landowner, as provided in Article

II(a) of KRS 350.300.
KRS § 260.035 — KY Code / Title XXI / Chapter 260 / Section 260.035
260.035 Identification of opportunities in procurement process to encourage agricultural economy -- Report
Status: in_force

260.035 Identification of opportunities in procurement process to encourage

agricultural economy -- Report.

The Commissioner of Agriculture shall identify opportunities in the state procurement

process for the Commonwealth to use its purchasing power to support and encourage the

growth of Kentucky's agricultural economy. Those opportunities shall include the sale of

Kentucky-grown agricultural products, as defined in KRS 45A.630, to any public

purchasing unit, as defined in KRS 45A.295(3), including but not limited to the

Department of Parks, the Department of Corrections, public universities, school districts,

and local governments across the Commonwealth. The Commissioner shall report those

opportunities to the Governor, the secretary of the Finance and Administration Cabinet,

and the Legislative Research Commission by October 1, 2002. The report shall also

include recommended changes in the procurement system that may accommodate the sale

of more Kentucky-grown agricultural products to state agencies.
KRS § 311.629 — KY Code / Title XXVI / Chapter 311 / Section 311.629
311.629 Powers of health care surrogate
Status: in_force

311.629 Powers of health care surrogate.

(1) A surrogate designated pursuant to an advance directive may make health care

decisions for the grantor which the grantor could make individually if he or she had

decisional capacity, provided all the decisions shall be made in accordance with the

desires of the grantor as indicated in the advance directive. When making any health

care decision for the grantor, the surrogate shall consider the recommendation of the

attending physician and honor the decision made by the grantor as expressed in the

advance directive.

(2) The surrogate may not make a health care decision in any situation in which the

grantor's attending physician has determined in good faith that the grantor has

decisional capacity. The attending physician shall proceed as if there were no

designation if the surrogate is unavailable or refuses to make a health care decision.

(3) A health care surrogate may authorize the withdrawal or withholding of artificially-

provided nutrition and hydration in the following circumstances:

(a) When inevitable death is imminent, which for the purposes of this provision

shall mean when death is expected, by reasonable medical judgment, within a

few days; or

(b) When a patient is in a permanently unconscious state if the grantor has

executed an advance directive authorizing the withholding or withdrawal of

artificially-provided nutrition and hydration; or

(c) When the provision of artificial nutrition cannot be physically assimilated by

the person; or

(d) When the burden of the provision of artificial nutrition and hydration itself

shall outweigh its benefit. Even in the exceptions listed in paragraphs (a), (b),

and (c) of this subsection, artificially-provided nutrition and hydration shall

not be withheld or withdrawn if it is needed for comfort or the relief of pain.

(4) Notwithstanding the execution of an advance directive, life sustaining treatment and

artificially-provided nutrition and hydration shall be provided to a pregnant woman

unless, to a reasonable degree of medical certainty, as certified on the woman's

medical chart by the attending physician and one (1) other physician who has

examined the woman, the procedures will not maintain the woman in a way to

permit the continuing development and live birth of the unborn child, will be

physically harmful to the woman or prolong severe pain which cannot be alleviated

by medication.
KRS § 272.020 — KY Code / Title XXIII / Chapter 272 / Section 272.020
272.020 Organization of cooperative corporation - Officers -- Votes -- Quorum
Status: in_force

272.020 Organization of cooperative corporation - Officers -- Votes -- Quorum.

(1) Any three (3) or more persons who are residents of this state may organize a

cooperative corporation to conduct any agricultural, dairy, mercantile, mining,

manufacturing, mechanical, service, or other lawful business, except organizations

subject to any of the provisions of the banking laws of this state.

(2) The cooperative corporation shall be organized with shares or with memberships, as

provided in articles of incorporation.

(3) The directors of the cooperative corporation shall be elected by the stockholders or

members at such times and for such term of office as the bylaws prescribe, and shall

hold office until their successors are elected. A majority of the stockholders or

members at any regular or special stockholders' or members' meeting, legally called,

may remove any director or official for cause, and fill the vacancy.

(4) There shall be a president, one (1) or more vice presidents, and a secretary and

treasurer, or secretary treasurer, elected annually by and from the directors.

(5) No stockholder or member, regardless of the number of shares he may own, shall

have more than one (1) vote upon any proposition.

(6) The articles of incorporation or bylaws of a cooperative corporation may prohibit

voting by proxy or voting trusts.

(7) Unless otherwise provided in the articles of incorporation or bylaws, a majority of

the stockholders or members entitled to vote, represented in person or by proxy,

shall constitute a quorum at a meeting of stockholders or members. In no event shall

a quorum consist of less than one-third (1/3) of the stockholders or members

entitled to vote, except that the articles of incorporation or bylaws of a cooperative

corporation which prohibits both proxies and voting trusts may provide for a lower

quorum; but in no event shall the quorum be set lower than one-tenth (1/10) of the

stockholders or members entitled to vote or twenty (20) such stockholders or

members, whichever is less.
KRS § 183.740 — KY Code / Title XV / Chapter 183 / Section 183.740
183.740 KRS 183.630 to 183.730 constitutes alternate method of acquisition -- Effect of other statutes
Status: in_force

183.740 KRS 183.630 to 183.730 constitutes alternate method of acquisition --

Effect of other statutes.

KRS 183.630 to 183.730 shall constitute a method for the acquisition, construction,

maintenance, expansion, financing or improvement of air navigation facilities or airport

facilities or any part thereof or interest therein, or contract for services therefrom, by

governmental units or the Commonwealth in addition or as an alternate, to any other

method authorized by statute. It is intended to authorize the acquisition, construction,

maintenance, expansion, financing, or improvement of additional facilities for an airport

acquired under authority of KRS 183.133 or interest therein, or contract for services

therefrom, as well as the original acquisition, construction, maintenance, expansion,

financing, or improvement of land and other facilities for an airport. Governmental units

shall have all authority conferred by KRS 183.133 for the acquisition, construction,

maintenance, expansion, financing or improvement of air navigation facilities or airport

facilities, or any part thereof or interest therein, or contract for services therefrom. Except

as otherwise provided in KRS 183.630 to 183.730, the provisions of KRS 183.133 to

183.138 shall apply to the operation of airport facilities acquired under KRS 183.630 to

183.730.
KRS § 344.450 — KY Code / Title XXVII / Chapter 344 / Section 344.450
344.450 Civil remedies for injunction and damages
Status: in_force

344.450 Civil remedies for injunction and damages.

Any person injured by any act in violation of the provisions of this chapter shall have a

civil cause of action in Circuit Court to enjoin further violations, and to recover the actual

damages sustained, together with the costs of the law suit. The court's order or judgment

shall include a reasonable fee for the plaintiff's attorney of record and any other remedies

contained in this chapter.
KRS § 378A.030 — KY Code / Title XXXI / Chapter 378A / Section 378A.030
378A.030 Value
Status: in_force

378A.030 Value.

(1) Value is given for a transfer or an obligation if, in exchange for the transfer or

obligation, property is transferred or an antecedent debt is secured or satisfied, but

value does not include an unperformed promise made otherwise than in the ordinary

course of the promisor's business to furnish support to the debtor or another person.

(2) For the purposes of KRS 378A.040(1)(b) and 378A.050, a person gives a

reasonably equivalent value if the person acquires an interest of the debtor in an

asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution

of a power of sale for the acquisition or disposition of the interest of the debtor

upon default under a mortgage, deed of trust, or security agreement.

(3) A transfer is made for present value if the exchange between the debtor and the

transferee is intended by them to be contemporaneous and is in fact substantially

contemporaneous.
KRS § 212.230 — KY Code / Title XVIII / Chapter 212 / Section 212.230
212.230 Powers and duties of county, city-county, and district health boards
Status: in_force

212.230 Powers and duties of county, city-county, and district health boards.

(1) County, city-county, and district boards of health shall:

(a) Appoint a health officer and fix his salary subject to the approval of the

Cabinet for Health and Family Services;

(b) Hold a regular meeting at least once every three (3) months, except that

county or city-county boards whose counties are members of a district health

department shall hold a regular meeting at least once every twelve (12)

months, and other special or regular meetings as desired and keep full minutes

of all the proceedings in a book provided for this purpose;

(c) Adopt, except as otherwise provided by law, administrative regulations not in

conflict with the administrative regulations of the Cabinet for Health and

Family Services necessary to protect the health of the people or to effectuate

the purposes of this chapter or any other law relating to public health;

(d) Act in a general advisory capacity to the health officer on all matters relating

to the local department of health;

(e) Provide information regarding the Commonwealth Office of the Ombudsman

to all applicants;

(f) Hear and decide appeals from rulings, decisions, and actions of the local

health department or health officer, in accordance with KRS Chapter 13B, if

the aggrieved party makes written request therefor to the board within thirty

(30) days after the ruling, decision, or action complained of. In hearing

appeals regarding on-site wastewater permitting, the local health board shall

utilize the expertise of the regional on-site wastewater consultants employed

by the Department for Public Health;

(g) Provide all information on on-site wastewater systems to the cabinet for

incorporation into the statewide database as provided for in KRS 211.350(1);

and

(h) Perform all other functions necessary to carry out the provisions of law and

the regulations adopted pursuant thereto, relating to local boards of health.

(2) Except as otherwise provided in subsection (1), all powers and authority of the local

board of health under existing statutes are transferred to the county department of

health.
KRS § 109.190 — KY Code / Title IX / Chapter 109 / Section 109.190
109.190 Status of existing districts
Status: in_force

109.190 Status of existing districts.

Garbage and refuse districts established pursuant to this chapter prior to June 17, 1978,

whether de jure or de facto, unless the cabinet finds that such do not comply with the

Federal Resource Conservation and Recovery Act as amended and with the state solid

waste management plan, shall be deemed waste management districts and shall have all

of the powers and duties of waste management districts as set forth in this chapter.
KRS § 423.435 — KY Code / Title XXXVIII / Chapter 423 / Section 423.435
423.435 Electronic record or paper printout relating to real property deemed to be lawfully recorded or filed
Status: in_force

423.435 Electronic record or paper printout relating to real property deemed to be

lawfully recorded or filed.

(1) If an electronic record or paper printout of an electronic record relating to real

property located in this state contains an acknowledgment performed by electronic

means, notwithstanding any omission or error in the certificate of acknowledgment

or failure of the record to show an acknowledgment in compliance with applicable

law, upon the record being recorded with the county clerk of the county in which

the real property is located or filed with the Secretary of State:

(a) The electronic record or paper printout of an electronic record shall be deemed

to be lawfully recorded or filed; and

(b) All persons, including without limitation any creditor, encumbrancer,

mortgagee, subsequent purchaser for valuable consideration, or any other

subsequent transferee thereof or of any interest therein, are deemed to have

notice of its contents.

(2) For the purposes of this section, a record is deemed to comply with all applicable

requirements upon the recording by the county clerk of the county in which the real

property is located or the filing of the record with the Secretary of State, as required

by law.
KRS § 62.155 — KY Code / Title VIII / Chapter 62 / Section 62.155
62.155 Sheriff's general obligation bonds and state revenue bond, state to pay premiums on
Status: in_force

62.155 Sheriff's general obligation bonds and state revenue bond, state to pay

premiums on.

With the exception of the sheriff's county levy bond, and with the exception of those

bonds upon which the premium is now paid by the state or county, each sheriff shall have

a valid claim against the state for the amounts paid by him for premiums on the bonds

required of him by law, when the bonds have been executed by an incorporated surety

company authorized to do a surety business in Kentucky, and when the claims are verified

by the sheriff's affidavit. This section is intended to supersede subsection (1) of KRS

62.140 with respect to sheriffs whose fees are paid into the State Treasury.