FrankGoortani/open-us-law huggingface dataset:
KRS § 139.550 — KY Code / Title XI / Chapter 139 / Section 139.550
139.550 Required monthly return
Status: in_force

139.550 Required monthly return.

(1) On or before the twentieth day of the month following each calendar month, a

return for the preceding month shall be filed with the department in a form the

department may prescribe.

(2) (a) For purposes of the sales tax, a return shall be filed by every retailer or seller.

(b) For purposes of the use tax, a return shall be filed by every retailer engaged in

business in the state and by every person purchasing tangible personal

property, digital property, or an extended warranty service, the storage, use or

other consumption of which is subject to the use tax, who has not paid the use

tax due to a retailer required to collect the tax.

(c) If a retailer's responsibilities have been assumed by a certified service provider

as defined by KRS 139.795, the certified service provider shall file the return.

(d) When a remote retailer's product is sold through a marketplace, then the

marketplace provider that facilitated the sale shall file the return and remit the

tax due on those sales.

(3) Returns shall be signed by the person required to file the return or by a duly

authorized agent but need not be verified by oath.

(4) Persons not regularly engaged in selling at retail and not having a permanent place

of business, but who are temporarily engaged in selling from trucks, portable

roadside stands, concessionaires at fairs, circuses, carnivals, and the like, shall

report and remit the tax on a nonpermit basis, under rules as the department shall

provide for the efficient collection of the sales tax on sales.

(5) The return shall show the amount of the taxes for the period covered by the return

and other information the department deems necessary for the proper administration

of this chapter.
KRS § 156.071 — KY Code / Title XIII / Chapter 156 / Section 156.071
156.071 Delegation of taking evidence and writing recommendation of disposition to hearing officer or panel -- Compensatory time for staff conducting school facility public hearings
Status: in_force

156.071 Delegation of taking evidence and writing recommendation of disposition

to hearing officer or panel -- Compensatory time for staff conducting school

facility public hearings.

The Kentucky Board of Education may, any statute to the contrary notwithstanding,

delegate the taking of evidence, and the rendition of a written recommendation of

disposition to the full board, to a panel of the board, to a single member of the board

acting as a hearing officer, or to a hearing officer appointed by the board relative to any

hearing, appeal, or decision, judicial or quasi-judicial in nature, which the board is

empowered or directed, by this or any other chapter, to conduct, hear, or make; provided,

the full board, as provided by statute, makes the final decision or determination, based

upon the evidence submitted. For the purpose of serving as a hearing officer for the

board, the board and the Department of Education shall not enter into a personal service

contract; employ additional staff; or provide additional compensation to existing staff,

except for compensatory time for staff who conduct school facility public hearings

outside of their regular working hours.
KRS § 500.040 — KY Code / Title L / Chapter 500 / Section 500.040
500.040 Restrictions on applicability
Status: in_force

500.040 Restrictions on applicability.

(1) The provisions of this code shall not apply to any offense committed prior to

January 1, 1975, notwithstanding the provisions of KRS 446.110. Such an offense

must be construed and punished according to the provisions of law existing at the

time of the commission thereof in the same manner as if this code had not been

enacted.

(2) This code shall not bar, suspend or otherwise affect any right or liability to

damages, penalty, forfeiture or other remedy authorized by law to be recovered or

enforced in a civil action.

(3) For purposes of this section, an offense shall be deemed to have been committed

prior to January 1, 1975, if any element of the offense occurred prior thereto.
KRS § 371.420 — KY Code / Title XXX / Chapter 371 / Section 371.420
371.420 Short title for KRS 371.400 to 371.425 -- Filing of mechanic's lien by contractor
Status: in_force

371.420 Short title for KRS 371.400 to 371.425 -- Filing of mechanic's lien by

contractor.

(1) KRS 371.400 to 371.425 shall be known and may be cited as the Kentucky Fairness

in Construction Act.

(2) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary,

after a judgment for the contractor against a contracting entity is entered by a court

of competent jurisdiction, a contractor has sixty (60) days to file a mechanic's lien

as provided in KRS Chapter 376. The filing of this lien shall not preclude the

contractor from seeking additional relief. This subsection shall not apply to public

construction contracts with lien rights governed under KRS 376.250.
KRS § 164.992 — KY Code / Title XIII / Chapter 164 / Section 164.992
164.992 Penalties for KRS 164.947
Status: in_force

164.992 Penalties for KRS 164.947.

(1) Any college that violates the provisions of KRS 164.947(3) shall be fined not less

than one hundred dollars ($100).

(2) Each day that a college violates the provisions of KRS 164.947(3) shall be deemed

a separate offense.
KRS § 41.280 — KY Code / Title VI / Chapter 41 / Section 41.280
41.280 Unified and integrated system of accounts -- Annual report by Treasurer
Status: in_force

41.280 Unified and integrated system of accounts -- Annual report by Treasurer.

(1) The Commonwealth of Kentucky shall maintain a unified and integrated system of

accounts. As a part of any unified and integrated system of accounts:

(a) The Treasurer shall maintain the necessary records to exhibit accurately the

Treasury's cash balance;

(b) The Finance and Administration Cabinet shall provide the Treasurer with

accounting data that will accurately describe the Commonwealth's financial

condition, including access to information necessary to determine the status of

each receipt and expenditure account;

(c) The Treasurer shall keep a record of each depository, showing the amount

deposited and the date, and the amount checked out and the date; and

(d) The Treasurer shall provide the Finance and Administration Cabinet with

information regarding accumulated receipts and the status of warrants.

(2) The Treasurer shall make a clear, distinct, and intelligible report of all money

received and disbursed during each fiscal year showing the receipts and

expenditures of each year on account of every department of the public service, the

name of each state depository, and the rate of interest paid by it. The report shall be

published annually, and the Treasurer shall submit the report to the Governor, the

Chief Justice, and the Legislative Research Commission ninety (90) days after the

close of the fiscal year.
KRS § 41.110 — KY Code / Title VI / Chapter 41 / Section 41.110
41.110 Restrictions on withdrawals of money from Treasury
Status: in_force

41.110 Restrictions on withdrawals of money from Treasury.

(1) No public money shall be withdrawn from the Treasury for any purpose other than

that for which its withdrawal is proposed in accordance with the Constitution and

statutes of the Commonwealth of Kentucky, nor unless it has been appropriated by

the General Assembly or is a part of a revolving fund, and has been allotted as

provided in KRS 48.010 to 48.800, and then only on the warrant of the Finance and

Administration Cabinet.

(2) The provisions of this section do not apply to withdrawals of funds from one (1) or

more state depositories for immediate redeposit in other state depositories or to

funds held in trust for the security of bond holders.
KRS § 220.537 — KY Code / Title XVIII / Chapter 220 / Section 220.537
220.537 Procedure for protest against proposed annexation
Status: in_force

220.537 Procedure for protest against proposed annexation.

Owners of real property in the territory proposed to be annexed who wish to object to the

annexation of the territory to the district shall, within thirty (30) days after the giving of

notice by the commissioner, file a petition, signed by twenty-five percent (25%) of the

freeholders in the territory proposed to be annexed, in the Circuit Court of the county in

which the larger part of the territory proposed to be annexed is located, naming the

commissioner, or in the case of annexation pursuant to KRS 220.536(4) naming the

district, as defendant and setting out in the petition their objections to the annexation of

the territory. The commissioner or district shall be represented in the Circuit Court by the

county attorney and in the Court of Appeals by the Attorney General, and he also may

require his defense to be made by the district. The issues may be made up and the case

may be docketed for hearing as in an action for a declaration of rights. The burden of

proof shall be upon the plaintiffs to show cause why the territory, or any portion of it,

should not be annexed to the district. If the court renders judgment against the

commissioner or district, the judgment shall point out the changes required for annexation

of the territory, which, if met by the commissioner or district, shall authorize annexation

of the territory. If the proposed changes are not met by the commissioner or district, the

territory shall not be annexed unless new proceedings are instituted in the manner

prescribed by KRS 220.535 and 220.536, but such new proceedings shall not be instituted

for a period of six (6) months after the date of judgment. If the court gives judgment

against the plaintiffs, the board of directors may annex the territory. An appeal shall

suspend the judgment until the case has been passed upon by the Court of Appeals and

final judgment rendered. Either the plaintiffs or the commissioner or district may appeal

from the judgment of the Circuit Court to the Court of Appeals, but the commissioner or

district shall not be required to make any appeal bond. Except as otherwise provided in

this section, the pleading and practice shall be the same as in other suits in equity.
KRS § 65.692 — KY Code / Title IX / Chapter 65 / Section 65.692
65.692 Permitted purposes for bond issuance
Status: in_force

65.692 Permitted purposes for bond issuance.

(1) Increment bonds may be issued to pay the costs of projects in the development area.

The provisions of KRS 66.021, 66.031, 66.041, 66.045, 66.071, 66.091, 66.121,

66.131, 66.141, 66.151, 66.171, 66.181, and 66.191 shall apply to the issuance of

increment bonds insofar as they do not conflict with KRS 65.680 to 65.699; if they

do conflict, KRS 65.680 to 65.699 shall apply.

(2) Debt payments on increment bonds may be paid from increments, from any other

funds of the issuer, or from funds identified in a grant contract, or any combination

thereof. If increment bonds are payable solely from increments, the issuer shall,

prior to the issuance of the increment bonds, make a determination that the

increments are adequate to make the debt payments so long as the increment bonds

are outstanding.

(3) Increment bonds may also be issued to fund or refund all or any portion of

outstanding increment bonds. Any increment bonds issued under this subsection

shall mature as determined by the governing body consistent with the definition of

termination date as contained in KRS 65.680 and 66.091.
KRS § 320.280 — KY Code / Title XXVI / Chapter 320 / Section 320.280
320.280 Renewal certificates -- Administrative regulations
Status: in_force

320.280 Renewal certificates -- Administrative regulations.

(1) All optometrists desiring to continue practice shall annually, prior to March 1,

secure from the secretary-treasurer of the board a renewal certificate upon the

payment of a fee which shall be established by administrative regulation

promulgated by the board. Not later than February 15 of each year, the board

shall notify by mail all optometrists of the renewal date and fee. Application for

a renewal shall be upon a form prescribed by the board and the optometrist

shall furnish the information required by the form.

(2) As a prerequisite for license renewal, all optometrists now or hereafter licensed

in the Commonwealth of Kentucky are and shall be required to take annual

courses of study in subjects relating to the practice of optometry to the end that

the utilization and application of new techniques, scientific and clinical

advances, and the achievement of research will assure expansive and

comprehensive care to the public. The length and content of study shall be

prescribed by the board but shall not exceed eight (8) hours in any calendar

year, with the exception of those optometrists who are authorized to prescribe

therapeutic agents who shall be required to have additional credit hours of

continuing education in ocular therapy and pharmacology, the amount of

required credit hours to be determined by the board, but not to exceed an

additional seventeen (17) credit hours, for a total not to exceed twenty-five (25)

credit hours per year. Attendance shall be at a course or by a sponsor

approved by the board. Attendance at any course or courses of study is to be

certified to the board upon a form provided by the board and shall be submitted

by each licensed optometrist at the time he makes application to the board for

the renewal of his license and payment of his renewal fee. The board may

waive the continuing education requirement in cases of illness or undue

hardship.

(3) Failure of any optometrist to secure his renewal certificate within sixty (60)

days after March 1, shall constitute sufficient cause for the board to revoke his

license.
KRS § 531.300 — KY Code / Title L / Chapter 531 / Section 531.300
531.300 Definitions for KRS 531.080 and 531.300 to 531.370
Status: in_force

531.300 Definitions for KRS 531.080 and 531.300 to 531.370.

As used in KRS 531.080 and 531.300 to 531.370:

(1) "Obscene" means the predominate appeal of the matter taken as a whole is to a

prurient interest in sexual conduct involving minors;

(2) "Performance" means any play, motion picture, photograph, dance, or any other

visual representation or computer-generated image exhibited before an audience;

(3) "Promote" means to prepare, publish, print, procure, or manufacture, or to offer or

agree to do the same;

(4) "Sexual conduct by a minor" means:

(a) Acts of masturbation, homosexuality, lesbianism, bestiality, sexual

intercourse, or deviate sexual intercourse, actual or simulated;

(b) Physical contact with, or willful or intentional exhibition of the genitals;

(c) Flagellation or excretion for the purpose of sexual stimulation or gratification;

or

(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed

human male or female genitals, pubic area or buttocks, or the female breast,

whether or not subsequently obscured by a mark placed thereon, or otherwise

altered, in any resulting motion picture, photograph, computer-generated

image, or other visual representation, exclusive of exposure portrayed in

matter of a private, family nature not intended for distribution outside the

family;

(5) "Sexual performance" means any performance or part thereof which includes sexual

conduct by a minor; and

(6) "Traffic" means to manufacture, distribute, sell, transfer, or possess with intent to

manufacture, distribute, sell, or transfer.
KRS § 66.091 — KY Code / Title IX / Chapter 66 / Section 66.091
66.091 Maturity period of bonds
Status: in_force

66.091 Maturity period of bonds.

Bonds shall have a maximum maturity not exceeding forty (40) years, except as follows:

(1) Bonds issued to fund a floating indebtedness, five (5) years;

(2) Bonds issued to pay for the costs of a public project, the life or period of usefulness

of the public project as estimated by the user and if the bond issue includes more

than one (1) public project, the average number of years of life or period of

usefulness of the public projects measured by the weighted average of the amounts

expended or proposed to be expended for the public projects; and

(3) If, after bonds are issued, the public project or any part of the project is revised in a

manner that would change the average number of years of life or the period of

usefulness of the public project to a period that is shorter than the period by which

the final maturity of the bonds was determined, the issuer shall nevertheless be in

compliance with the requirements of this section so long as the original estimate of

life or usefulness was made in good faith.
KRS § 403.652 — KY Code / Title XXXV / Chapter 403 / Section 403.652
403.652 Low-income parties
Status: in_force

403.652 Low-income parties.

(1) KRS 403.650(1) applies to a collaborative lawyer representing a party with or

without fee.

(2) After a collaborative law process concludes, another lawyer in a law firm with

which a collaborative lawyer disqualified under KRS 403.650(1) is associated may

represent a party without fee in the collaborative matter or a matter related to the

collaborative matter if:

(a) The party has an annual income that qualifies the party for free legal

representation under the criteria established by the law firm for free legal

representation;

(b) The collaborative law participation agreement so provides; and

(c) The collaborative lawyer is isolated from any participation in the collaborative

matter or a matter related to the collaborative matter through procedures

within the law firm which are reasonably calculated to isolate the

collaborative lawyer from such participation.
KRS § 136.640 — KY Code / Title XI / Chapter 136 / Section 136.640
136.640 Return of tax savings to customers
Status: in_force

136.640 Return of tax savings to customers.

To the extent that a provider experiences a tax savings as a result of the provisions of

KRS 136.600 to 136.660 in the first year of tax collections under KRS 136.600 to

136.660, the savings shall be returned proportionately to all residential and business

customers of the provider. The specific manner in which the savings are returned to its

customers shall be at the discretion of the provider. The Office of the Attorney General is

authorized to enforce the requirements of this section.
KRS § 202C.080 — KY Code / Title XVII / Chapter 202C / Section 202C.080
202C.080 Respondent's qualified mental health professional -- Right to be present and participate in any examination of respondent
Status: in_force

202C.080 Respondent's qualified mental health professional -- Right to be

present and participate in any examination of respondent.

A qualified mental health professional retained by the respondent shall be permitted

to witness and participate in any examination of the respondent under this chapter.
KRS § 6.761 — KY Code / Title II / Chapter 6 / Section 6.761
6.761 Conflict of interest provisions -- Penalty
Status: in_force

6.761 Conflict of interest provisions -- Penalty.

(1) A legislator shall not intentionally participate in the discussion of a question in

committee or on the floor of the General Assembly, vote, or make a decision in his

official capacity on any matter:

(a) In which he, or any member of his family, or the legislator's business associate

will derive a direct monetary gain or suffer a direct monetary loss as a result of

his vote or decision; or

(b) Which relates specifically to a business in which he owns or controls an

interest of ten thousand dollars ($10,000) or more, or an interest of more than

five percent (5%).

Violation of this provision is a Class D felony. The provisions of this subsection

notwithstanding, a legislator may vote on legislation affecting his salary, expenses,

benefits, and allowances, as provided by law. The provisions of this subsection

notwithstanding, a legislator may participate in the discussion of the question in

committee and on the floor of the General Assembly, vote, or make a decision on a

matter if any benefit or detriment which accrues to the member of the General

Assembly, as a member of a business, profession, occupation, or other group, or to a

member of his family or a business interest specified in subsection (1)(b) of this

section is of no greater extent than the benefit or detriment which accrues generally

to other members of the business, profession, occupation, or other group;

(2) A legislator who has a personal or private interest in a bill proposed or pending

before the General Assembly shall be subject to the limitations of Section 57 of the

Constitution of Kentucky, which provides that the legislator shall disclose his

interest to the house of which he is a member and refrain from voting upon pain of

expulsion. A member shall disclose his interest by filing a disclosure statement with

the clerk or by a verbal announcement to the body.

(3) The right of legislators to represent their constituencies, however, is of such major

importance that legislators should be barred from voting on matters of direct

personal interest only in clear cases and if the matter is particularly personal.
KRS § 150.092 — KY Code / Title XII / Chapter 150 / Section 150.092
150.092 Consent requirement for entry upon lands of another person -- Private lands incentive programs -- Arrest and citation authority
Status: in_force

150.092 Consent requirement for entry upon lands of another person -- Private

lands incentive programs -- Arrest and citation authority.

(1) Persons shall not enter upon the lands of another to shoot, hunt, trap, or fish, or for

other wildlife-related recreational purposes, without the oral or written permission

of the landowner, tenant, or person who has authority to grant permission.

(2) The department may promulgate administrative regulations pursuant to KRS

Chapter 13A to establish private lands incentive programs encouraging voluntary

access to private lands for hunting, fishing, or other wildlife-related recreation,

while at the same time protecting the rights of private property owners. Participation

in these programs shall not waive any protection granted to the landowner by KRS

150.645 or 411.190.

(3) A fish and wildlife law enforcement officer may arrest or issue a citation to any

person who is in violation of this section or the administrative regulations adopted

thereunder.

(4) Persons who enter upon the lands of another to shoot, hunt, trap, or fish, or for other

wildlife-related recreational purposes, shall not, through their actions, cause damage

to any buildings, fences, crops, livestock or domestic animals, machinery, or other

property while upon these lands.

(5) Nothing in this section shall be construed to limit the existing powers of peace

officers.
KRS § 174.016 — KY Code / Title XV / Chapter 174 / Section 174.016
174.016 Department of Rural and Municipal Aid -- Duties -- Personnel
Status: in_force

174.016 Department of Rural and Municipal Aid -- Duties -- Personnel.

(1) The Office of Rural and Secondary Roads within the Department of Rural and

Municipal Aid shall be responsible for the development and implementation of the

Rural Secondary Program and such other functions as are assigned by the secretary,

except that the department shall not have jurisdiction over the County Road Aid

Program or Municipal Road Aid Program unless an agreement initiated by a county

or municipality is in effect.

(2) The Department of Rural and Municipal Aid shall include an assistant state

highway engineer for rural and municipal aid appointed pursuant to KRS Chapter

12 by the secretary upon the recommendation of the state highway engineer of the

Department of Highways.