FrankGoortani/open-us-law huggingface dataset:
KRS § 211.490 — KY Code / Title XVIII / Chapter 211 / Section 211.490
211.490 Legislative findings concerning provision of trauma care
Status: in_force

211.490 Legislative findings concerning provision of trauma care.

The General Assembly finds that:

(1) Trauma is a severe health problem in this state and a major cause of death and long-

term disability;

(2) Trauma care is an essential public service;

(3) Trauma care is significantly limited in many parts of Kentucky, particularly in rural

areas where there is a growing danger that some communities may not have

adequate emergency care;

(4) It is essential for persons in need of trauma care to receive that care within sixty

(60) minutes immediately following injury, referred to as the "golden hour," for that

is when the potential for survival is the greatest and the need for treatment for shock

or injury is most critical;

(5) Kentucky's emergency preparedness efforts require the establishment of an efficient

statewide trauma care system that can be mobilized to save the lives of trauma

patients who are victims of terrorism or natural disasters;

(6) Trauma centers save lives and money because access to trauma care can mean the

difference between full recovery and serious disability that requires expensive long-

term care and results in a loss of economic productivity;

(7) Regional preparedness planning has identified trauma care as a priority, and some

grant funding has been obtained to initiate trauma care planning;

(8) It is in the best interests of the citizens of Kentucky to establish an efficient and

well-coordinated statewide trauma system to reduce costs of medical care and the

greater economic impact of lost wages and productivity and to reduce the incidence

of inappropriate and inadequate trauma care and emergency medical services; and

(9) Existing trauma centers are facing an increasing number of uninsured patients,

declining reimbursement, and rising malpractice insurance premiums that threaten

continued community access to trauma care. Therefore, financial assistance is

needed to support existing trauma centers and establish new trauma centers.
KRS § 227.280 — KY Code / Title XIX / Chapter 227 / Section 227.280
227.280 Subpoena and oath -- Production of evidence -- Conduct of examinations -- Contempt
Status: in_force

227.280 Subpoena and oath -- Production of evidence -- Conduct of examinations --

Contempt.

(1) The state fire marshal may subpoena witnesses; may administer oaths; may require

the production of books, papers, accounts, documents, and other records or

materials of an evidentiary nature; and may examine witnesses in any investigation

or other fact-finding proceeding authorized under this chapter.

(2) Examinations may be public or private. Persons other than those required to be

present may be excluded from the place where the examination or investigation is

held, and witnesses may be kept separate and apart from each other and not allowed

to communicate with each other until they have been examined.

(3) If any person fails to respond to a subpoena, or refuses to be sworn, or refuses to

testify, or fails or refuses to produce any record or material called for, or fails or

refuses to comply with a lawful order of the fire marshal or any deputy fire marshal

or performs any contemptuous or contumacious act after being summoned to appear

in connection with an investigation or fact-finding proceeding authorized under this

chapter, the fire marshal or any deputy fire marshal, as the case may be, shall certify

the facts to the Circuit Court of the county in which the offense was committed.

That court shall have jurisdiction to hear, try, and punish these persons as in other

cases of contempt.

(4) The same fees shall be paid for the service of process, for the taking of depositions,

and for the services of stenographers as is provided for like services in Circuit

Court.
KRS § 15.876 — KY Code / Title III / Chapter 15 / Section 15.876
15.876 Standardized forms for entry into state case registry
Status: in_force

15.876 Standardized forms for entry into state case registry.

All forms, child support orders, wage withholding orders, or orders amending an existing

child support order, entered in any case in Circuit, District, or Family Court that require

entry into the state case registry pursuant to KRS 15.802(3) shall be entered on forms

adopted by the Administrative Office of the Courts in coordination with the Office of the

Attorney General. If the provisions of a child support order are contained in an order that

is narrative in nature, the adopted forms shall be used in addition to the narrative order.
KRS § 411.272 — KY Code / Title XXXVI / Chapter 411 / Section 411.272
411.272 Scope of KRS 411.270 to 411.282
Status: in_force

411.272 Scope of KRS 411.270 to 411.282.

KRS 411.270 to 411.282 shall:

(1) Apply to any claim that arises before, on, or after July 15, 2004, as the result of a

deficient home inspection or home inspection report regarding the inspection of a

home, except a claim for personal injury or wrongful death, if the claim is the

subject of an action commenced on or after July 15, 2004;

(2) Prevail over any conflicting law otherwise applicable to the claim or cause of

action;

(3) Not bar or limit any claim or defense otherwise available except as otherwise

provided in KRS 411.270 to 411.282; and

(4) Not create a new theory upon which liability may be based.
KRS § 299.015 — KY Code / Title XXV / Chapter 299 / Section 299.015
299.015 Nature of policy to be stated on face
Status: in_force

299.015 Nature of policy to be stated on face.

Every policy issued by a company under this chapter after July 15, 1982, shall have

prominently printed or stamped on the face page the words "This is an assessable policy."
KRS § 275.160 — KY Code / Title XXIII / Chapter 275 / Section 275.160
275.160 Operations outside Kentucky -- Kentucky law controlling in cases of conflict
Status: in_force

275.160 Operations outside Kentucky -- Kentucky law controlling in cases of

conflict.

(1) A limited liability company may conduct its business, carry on its operations, and

exercise the power granted by this chapter in any state or in any foreign country.

(2) The personal liability of members, managers, employees, and agents of a limited

liability company to any person or in any action or proceeding for the debts,

obligations, or liabilities of a limited liability company or for the acts of omissions

of other members, managers, employees, or agents of a limited company shall be

governed solely and exclusively by this chapter and the laws of this

Commonwealth. When a conflict arises between the law of this state and the laws of

any other state with regard to the liability of the members of the limited liability

company for the debts, obligations, and liabilities of the limited liability company,

or of the acts or omissions of other members, managers, employees, or agents of the

limited liability company, this Commonwealth's law shall be deemed to govern in

determining the liability.
KRS § 183.767 — KY Code / Title XV / Chapter 183 / Section 183.767
183.767 State aid conditioned on acquisition of necessary land
Status: in_force

183.767 State aid conditioned on acquisition of necessary land.

As a condition precedent to the expenditure of any state funds for the development of any

airport in the state, the cabinet may require that the governmental unit or units shall have,

or be in a position to acquire, all lands or other property interests which in the judgment

of the cabinet are necessary for the development of the airport.
KRS § 387.520 — KY Code / Title XXXIII / Chapter 387 / Section 387.520
387.520 Jurisdiction of District Courts -- Venue -- KRS 387.810 to 387.854 to govern jurisdiction between Kentucky and other states
Status: in_force

387.520 Jurisdiction of District Courts -- Venue -- KRS 387.810 to 387.854 to

govern jurisdiction between Kentucky and other states.

(1) The District Courts shall have exclusive jurisdiction over all proceedings involving

a determination of partial disability or disability, the modification of orders, the

appointment and removal of guardians and conservators, and the management and

settlement of their accounts.

(2) If the respondent or ward is a resident of this state, the venue for all proceedings

under KRS 387.500 to 387.770 shall be:

(a) In the county where the respondent or ward resides;

(b) In the county of domicile of the respondent or ward; or

(c) In the county where the parent of the respondent or ward is domiciled if the

respondent or ward is a minor. Nothing in this section shall preclude transfer

of venue for good cause shown.

(3) If no local conservator has been appointed and no petition in a disability proceeding

is pending in this state, a domiciliary foreign conservator may file with a court in

this state in a county in which property belonging to the disabled person is located,

authenticated copies of his or her appointment and of any official bond he or she has

given. Thereafter, he or she may exercise as to assets in this state all powers of a

local conservator and may maintain actions and proceedings in this state subject to

any conditions imposed upon nonresident parties generally.

(4) This section shall be subordinate to KRS 387.810 to 387.854 to the extent that those

sections govern jurisdiction between Kentucky and other states.
KRS § 314A.112 — KY Code / Title XXVI / Chapter 314A / Section 314A.112
314A.112 Requirements for limited mandatory certification
Status: in_force

314A.112 Requirements for limited mandatory certification.

To be eligible for limited mandatory certification as a respiratory care practitioner, the

applicant shall meet the criteria established under this chapter and any administrative

regulation promulgated to carry out the provisions of this chapter.
KRS § 189.043 — KY Code / Title XVI / Chapter 189 / Section 189.043
189.043 Flashing white or amber lights to warn of traffic hazard permitted
Status: in_force

189.043 Flashing white or amber lights to warn of traffic hazard permitted.

Notwithstanding any other provisions against the use of flashing lights, any vehicle may

be equipped with lamps which may be used for the purpose of warning the operators of

other vehicles of the presence of a vehicular traffic hazard requiring the exercise of

unusual care in approaching, overtaking or passing and when so equipped may display

such warning in addition to any other warning signals required by law. The lamps used to

display such warning to the front shall be mounted at the same level and as widely spaced

laterally as practicable, and shall display simultaneously flashing white or amber lights, or

any shade of color between white and amber. The lamps used to display such warning to

the rear shall be mounted at the same level and as widely spaced laterally as practicable,

and shall show simultaneously flashing amber or red lights, or any shade of color between

amber and red. These warning lights shall be visible from a distance of not less than

fifteen hundred (1,500) feet under normal atmospheric conditions at night.
KRS § 509.040 — KY Code / Title L / Chapter 509 / Section 509.040
509.040 Kidnapping
Status: in_force

509.040 Kidnapping.

(1) A person is guilty of kidnapping when he unlawfully restrains another person and

when his intent is:

(a) To hold him for ransom or reward; or

(b) To accomplish or to advance the commission of a felony; or

(c) To inflict bodily injury or to terrorize the victim or another; or

(d) To interfere with the performance of a governmental or political function; or

(e) To use him as a shield or hostage; or

(f) To deprive the parents or guardian of the custody of a minor, when the person

taking the minor is not a person exercising custodial control or supervision of

the minor as the term "person exercising custodial control or supervision" is

defined in KRS 600.020.

(2) Kidnapping is a Class B felony when the victim is released alive and in a safe place

prior to trial, except as provided in this section. Kidnapping is a Class A felony

when the victim is released alive but the victim has suffered serious physical injury

during the kidnapping, or as a result of not being released in a safe place, or as a

result of being released in any circumstances which are intended, known or should

have been known to cause or lead to serious physical injury. Kidnapping is a capital

offense when the victim is not released alive or when the victim is released alive but

subsequently dies as a result of:

(a) Serious physical injuries suffered during the kidnapping; or

(b) Not being released in a safe place; or

(c) Being released in any circumstances which are intended, known or should

have been known to cause or lead to the victim's death.
KRS § 441.610 — KY Code / Title XL / Chapter 441 / Section 441.610
441.610 Legislative intent -- Additional and alternative nature
Status: in_force

441.610 Legislative intent -- Additional and alternative nature.

(1) KRS 441.625 to 441.695 is intended solely to provide an additional and alternative

method of constructing, reconstructing, improving, or repairing and financing jails

and appurtenant facilities for any local government in this state to the end that such

projects expedite the provision of safe and proper facilities by a local government

for the incarceration of prisoners as defined by KRS 441.005. Nothing in KRS

441.625 to 441.695 shall be construed as prohibiting a local government from

providing for the construction, reconstruction, improvement, or repair and financing

of a jail and appurtenant facilities as may be otherwise provided by law.

(2) Nothing in KRS 441.625 to 441.695 shall be construed as prohibiting two (2) or

more local governments from entering into a cooperative agreement for the purpose

of participating with the authority in providing for the construction, reconstruction,

improvement, or repair and financing of a jail and appurtenant facilities for the use

and benefit of all local governments agreeing to the cooperative undertaking, but

the authority shall determine the number and location of regional jails and regional

detention centers, as authorized by KRS 441.625.

(3) Subsection (2) of this section is intended solely as an alternative method to KRS

65.210 to 65.300.
KRS § 278.080 — KY Code / Title XXIV / Chapter 278 / Section 278.080
278.080 Quorum -- Performance of functions by less than a majority of commissioners or by hearing examiners
Status: in_force

278.080 Quorum -- Performance of functions by less than a majority of

commissioners or by hearing examiners.

A majority of the commissioners shall constitute a quorum for the transaction of any

business, for the performance of any duty, or for the exercise of any power of the

commission. No vacancy in the commission shall impair the right of the remaining

commissioners to exercise all of the powers of the commission. Any investigation,

inquiry, or hearing that the commission has power to undertake or hold may be

undertaken or held, and the evidence therein taken, by any one (1) or more commissioners

or a hearing examiner designated for that purpose by the commission, and every finding,

opinion or order made by the commissioner or commissioners or hearing examiner so

designated shall, when approved or confirmed by the commission, become the finding,

opinion or order thereof.
KRS § 218A.142 — KY Code / Title XVIII / Chapter 218A / Section 218A.142
218A.142 Aggravated trafficking in controlled substance in first degree
Status: in_force

218A.142 Aggravated trafficking in controlled substance in first degree.

(1) A person is guilty of aggravated trafficking in a controlled substance in the first

degree when he or she knowingly and unlawfully traffics in:

(a) One hundred (100) grams or more of heroin;

(b) Twenty-eight (28) grams or more of fentanyl; or

(c) Ten (10) grams or more of carfentanil or fentanyl derivatives.

(2) Aggravated trafficking in a controlled substance in the first degree is a Class B

felony, and:

(a) The defendant shall not be released on probation, shock probation, conditional

discharge, or parole until he or she has served at least fifty percent (50%) of

the sentence imposed where the trafficked substance was heroin; or

(b) The defendant shall not be eligible for pretrial diversion, and shall not be

released on probation, shock probation, conditional discharge, or parole until

he or she has served at least eighty-five percent (85%) of the sentence

imposed where the trafficked substance was fentanyl, carfentanil, or fentanyl

derivatives.
KRS § 104.510 — KY Code / Title IX / Chapter 104 / Section 104.510
104.510 Bond or deposit for costs
Status: in_force

104.510 Bond or deposit for costs.

At the time of filing the petition, or at any time subsequent thereto and prior to the time of

the giving of notice by the secretary, as provided in KRS 104.530, the petitioners shall

either file bond with the secretary with security approved by him, or deposit cash or

securities with him in an amount sufficient to pay the costs in the proceedings thereafter

involved. If the secretary at any time during the proceedings is not satisfied that the bond

or deposit is sufficient or that the surety on the bond is safe, he may require the execution

of an additional bond or the giving of additional surety or an additional deposit within a

time to be fixed not less than ten (10) days thereafter, and upon the failure of the

petitioners to comply, the secretary may refuse to proceed further and may refuse to

organize the district.
KRS § 372.020 — KY Code / Title XXX / Chapter 372 / Section 372.020
372.020 Recovery of gambling losses from winner or his transferee
Status: in_force

372.020 Recovery of gambling losses from winner or his transferee.

If any person loses to another at one (1) time, or within twenty-four (24) hours, five

dollars ($5) or more, or anything of that value, and pays, transfers or delivers it, the loser

or any of his creditors may recover it, or its value, from the winner, or any transferee of

the winner, having notice of the consideration, by action brought within five (5) years

after the payment, transfer or delivery. Recovery may be had against the winner, although

the payment, transfer or delivery was made to the endorsee, assignee, or transferee of the

winner. If the conveyance or transfer was of real estate, or the right thereto, in violation of

KRS 372.010, the heirs of the loser may recover it back by action brought within two (2)

years after his death, unless it has passed to a purchaser in good faith for valuable

consideration without notice.
KRS § 522.030 — KY Code / Title L / Chapter 522 / Section 522.030
522.030 Official misconduct in the second degree
Status: in_force

522.030 Official misconduct in the second degree.

(1) A public servant is guilty of official misconduct in the second degree when he

knowingly:

(a) Commits an act relating to his office which constitutes an unauthorized

exercise of his official functions; or

(b) Refrains from performing a duty imposed upon him by law or clearly inherent

in the nature of his office; or

(c) Violates any statute or lawfully adopted rule or regulation relating to his

office.

(2) Official misconduct in the second degree is a Class B misdemeanor.
KRS § 407.5504 — KY Code / Title XXXV / Chapter 407 / Section 407.5504
407.5504 Immunity from civil liability
Status: in_force

407.5504 Immunity from civil liability.

An employer that complies with an income-withholding order issued in another state in

accordance with this article is not subject to civil liability to an individual or agency with

regard to the employer's withholding of child support from the obligor's income.
KRS § 362.469 — KY Code / Title XXIX / Chapter 362 / Section 362.469
362.469 Distribution in kind
Status: in_force

362.469 Distribution in kind.

Except as provided in writing in the partnership agreement:

(1) A partner, regardless of the nature of his contribution, shall not demand or receive

any distribution from a limited partnership in any form other than cash.

(2) A partner shall not be compelled to accept a distribution of any asset in kind from a

limited partnership to the extent that the percentage of the asset distributed to him

exceeds a percentage of that asset which is equal to the percentage in which he

shares in distributions from the limited partnership.
KRS § 11A.030 — KY Code / Title III / Chapter 11A / Section 11A.030
11A.030 Considerations in determination to abstain from action on official decision -- Advisory opinion
Status: in_force

11A.030 Considerations in determination to abstain from action on official decision

-- Advisory opinion.

In determining whether to abstain from action on an official decision because of a

possible conflict of interest, a public servant should consider the following guidelines:

(1) Whether a substantial threat to his independence of judgment has been created by

his personal or private interest;

(2) The effect of his participation on public confidence in the integrity of the executive

branch;

(3) Whether his participation is likely to have any significant effect on the disposition

of the matter;

(4) The need for his particular contribution, such as special knowledge of the subject

matter, to the effective functioning of the executive branch; or

(5) Whether the official decision will affect him in a manner differently from the public

or will affect him as a member of a business, profession, occupation, or group to no

greater extent generally than other members of such business, profession,

occupation, or group. A public servant may request an advisory opinion from the

Executive Branch Ethics Commission in accordance with the commission's rules of

procedure.
KRS § 200.080 — KY Code / Title XVII / Chapter 200 / Section 200.080
200.080 Powers of cabinet in providing child welfare -- Local agencies
Status: in_force

200.080 Powers of cabinet in providing child welfare -- Local agencies.

(1) The cabinet shall do all things necessary to execute the duties required by KRS

200.080 to 200.120, and may adopt necessary rules and regulations to carry out the

provisions of KRS 200.080 to 200.120.

(2) The cabinet may assist in the establishment of county children's bureaus, and shall

cooperate with all agencies, institutions, and associations concerned with the

welfare of children.

(3) The cabinet may receive both real and personal property, by gift, devise, bequest,

and conveyance, for the purpose of carrying out the provisions of KRS 200.080 to

200.120. The cabinet may expend out of funds so received such sums as are

necessary for the treatment of children committed to its care.
KRS § 38.100 — KY Code / Title V / Chapter 38 / Section 38.100
38.100 Inactive National Guard
Status: in_force

38.100 Inactive National Guard.

The inactive National Guard shall consist of the officers and men of the Kentucky

National Guard not on the active list. In time of peace, officers and enlisted men of the

Kentucky National Guard may be transferred at their own request to the inactive National

Guard. Upon the authorized disbandment or consolidation of organizations of the

National Guard, all commissioned officers and enlisted men rendered surplus who are

qualified for active service and have not been transferred to active units may be

transferred to the inactive National Guard. Officers and enlisted men of the inactive

National Guard may become members of the active National Guard in time of peace

where circumstances permit.