FrankGoortani/open-us-law huggingface dataset:
KRS § 139.260 — KY Code / Title XI / Chapter 139 / Section 139.260
139.260 Presumption that all gross receipts and tangible personal property, digital property, and services sold for delivery in this state are taxable -- Burden of proof
Status: in_force

139.260 Presumption that all gross receipts and tangible personal property, digital

property, and services sold for delivery in this state are taxable -- Burden of

proof.

For the purpose of the proper administration of this chapter and to prevent evasion of the

duty to collect the taxes imposed by KRS 139.200 and 139.310, it shall be presumed that

all gross receipts and all tangible personal property, digital property, and services sold by

any person for delivery or access in this state are subject to the tax until the contrary is

established. The burden of proving the contrary is upon the person who makes the sale of:

(1) (a) Except as provided in paragraph (b) of this subsection, tangible personal

property or digital property unless the person takes from the purchaser a

certificate to the effect that the property is either:

1. Purchased for resale according to the provisions of KRS 139.270;

2. Purchased through a fully completed certificate of exemption or fully

completed Streamlined Sales and Use Tax Agreement Certificate of

Exemption in accordance with KRS 139.270; or

3. Purchased according to administrative regulations promulgated by the

department governing a direct pay authorization; or

(b) Tangible personal property to a purchaser claiming an agriculture exemption

under KRS 139.480(4) to (9), (11), (13) to (15), (23) to (30), or (33) unless the

person obtains from the purchaser an agriculture exemption license number or

a fully completed Streamlined Sales and Use Tax Agreement Certificate of

Exemption that contains an agriculture exemption license number in

accordance with KRS 139.270;

(2) A service included in KRS 139.200(2)(a) to (f) unless the person takes from the

purchaser a certificate to the effect that the service is purchased through a fully

completed certificate of exemption or fully completed Streamlined Sales and Use

Tax Agreement Certificate of Exemption in accordance with KRS 139.270; and

(3) A service included in KRS 139.200(2)(g) to (ax) unless the person takes from the

purchaser a certificate to the effect that the service is:

(a) Purchased for resale according to KRS 139.270;

(b) Purchased through a fully completed certificate of exemption or fully

completed Streamlined Sales and Use Tax Agreement Certificate of

Exemption in accordance with KRS 139.270; or

(c) Purchased according to administrative regulations promulgated by the

department governing a direct pay authorization.
KRS § 367.83805 — KY Code / Title XXIX / Chapter 367 / Section 367.83805
367.83805 Department of Law to establish minimum standards for mold remediation companies -- Complaints to Attorney General
Status: in_force

367.83805 Department of Law to establish minimum standards for mold

remediation companies -- Complaints to Attorney General.

(1) The department shall, after consultation with the Public Protection Cabinet and the

Department for Public Health, establish minimum standards for mold remediation

companies that operate in the Commonwealth. The minimum standards shall be

based on the five (5) general principles of mold remediation created by the Institute

of Inspection, Cleaning and Restoration Certification (IICRC) in its publication,

IICRC S520, Second Edition, Standard and Reference Guide for Professional Mold

Remediation, or its successor publication. The five (5) general principles of mold

remediation are as follows:

(a) Safety and health;

(b) Project documentation;

(c) Contaminant control;

(d) Contaminant removal; and

(e) Contamination prevention.

All mold remediation companies operating in the Commonwealth shall adhere to

the minimum standards established by the department.

(2) Any customer complaints regarding adherence by mold remediation companies to

the administrative regulations promulgated under this section shall be directed to

the Attorney General.
KRS § 452.435 — KY Code / Title XLII / Chapter 452 / Section 452.435
452.435 Where action against prisoner or asylum inmate must be brought
Status: in_force

452.435 Where action against prisoner or asylum inmate must be brought.

An action, not mentioned in KRS 452.400 to 452.425, both inclusive, nor in KRS

452.440, against a prisoner in this state, or a person confined in an asylum for persons of

unsound mind in this state, must be brought in the county, if known, in which he resided,

or claimed his residence, when confined.
KRS § 395.278 — KY Code / Title XXXIV / Chapter 395 / Section 395.278
395.278 When party may revive action and limitation
Status: in_force

395.278 When party may revive action and limitation.

An application to revive an action in the name of the representative or successor of a

plaintiff, or against the representative or successor of a defendant, shall be made within

one (1) year after the death of a deceased party.
KRS § 24A.020 — KY Code / Title IV / Chapter 24A / Section 24A.020
24A.020 Exclusive jurisdiction granted District Court by statute -- Exception
Status: in_force

24A.020 Exclusive jurisdiction granted District Court by statute -- Exception.

When jurisdiction over any matter is granted to District Court by statute, such jurisdiction

shall be deemed to be exclusive unless the statute specifically states that the jurisdiction

shall be concurrent.
KRS § 635.110 — KY Code / Title LI / Chapter 635 / Section 635.110
635.110 Human immunodeficiency virus testing for juveniles accused of certain sexual offenses -- Results -- Counseling when test positive
Status: in_force

635.110 Human immunodeficiency virus testing for juveniles accused of certain

sexual offenses -- Results -- Counseling when test positive.

(1) A juvenile session of a District Court shall comply with the provisions of KRS

510.320 when a child is accused of commission of a public offense as described

therein.

(2) A juvenile session of a District Court shall order a child who is adjudicated a public

offender to submit to a human immunodeficiency virus test pursuant to KRS

510.320 if the offense is one described therein.

(3) (a) The result of any human immunodeficiency virus test conducted pursuant to

this section shall not be a public record for purposes of KRS Chapter 61.

(b) The result of any human immunodeficiency virus test conducted pursuant to

this section shall only be made available by the Department of Juvenile Justice

to the victim, the parent or guardian of a victim who is a minor or is an

individual with an intellectual disability or mentally incapacitated, the child

adjudicated as a public offender and his parents or guardian, the court issuing

the order for testing, and as otherwise directed pursuant to KRS Chapter 214.

(4) If the human immunodeficiency virus test indicates the presence of human

immunodeficiency virus infection, the Department of Juvenile Justice shall provide

counseling to the victim and the juvenile offender regarding human

immunodeficiency virus disease and referral for appropriate health care and support

services.
KRS § 46.010 — KY Code / Title VI / Chapter 46 / Section 46.010
46.010 Uniform system of accounting and reporting of state funds by local officers
Status: in_force

46.010 Uniform system of accounting and reporting of state funds by local officers.

(1) The Department for Local Government shall prescribe and keep in operation a

uniform system of accounting and reporting on the receipt, use and handling of all

public funds, other than taxes, due and payable to the state from county, district, and

other local officers and agencies.

(2) The system so adopted shall require each county treasurer, and each county officer

who receives or disburses state funds, to keep an accurate account of receipts and

disbursements, showing a daily balance of receipts and disbursements.

(3) The system shall require all county officers handling state funds, other than taxes, to

make an annual report to the Department for Local Government showing receipts

and disbursements, and to make other financial statements as the Department for

Local Government requires.

(4) The Department for Local Government, subject to the approval of the Governor,

may from time to time change the system, or any book, report, form, or record

provided for by the system, whenever in its opinion a change is necessary in order

to conform to existing conditions.
KRS § 217.025 — KY Code / Title XVIII / Chapter 217 / Section 217.025
217.025 When food deemed adulterated
Status: in_force

217.025 When food deemed adulterated.

A food shall be deemed to be adulterated:

(1) (a) If it bears or contains any poisonous or deleterious substance which may

render it injurious to health; but in case the substance is not an added

substance such food shall not be considered adulterated under this subsection

if the quantity of such substance in such food does not ordinarily render it

injurious to health; or

(b) If it bears or contains any added poisonous or added deleterious substance

which is unsafe within the meaning of KRS 217.045; or

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or

decomposed substance, or if it is otherwise unfit for food; or

(d) If it has been produced, prepared, packed, or held under insanitary conditions

whereby it may have become contaminated with filth, or whereby it may have

been rendered diseased, unwholesome, or injurious to health; or

(e) If it is the product of a diseased animal or an animal which has died otherwise

than by slaughter, or that has been fed upon the uncooked offal from a

slaughterhouse; or

(f) If its container is composed, in whole or in part, of any poisonous or

deleterious substance which may render the contents injurious to health;

(2) (a) If any valuable constituent has been in whole or in part omitted or abstracted

therefrom; or

(b) If any substance has been substituted wholly or in part therefor; or

(c) If damage or inferiority has been concealed in any manner; or

(d) If any substance has been added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or strength or make it appear

better or of greater value than it is;

(3) If it is confectionery and it bears or contains any nonnutritive article or substance

except harmless coloring, harmless flavoring, harmless resinous glaze not in excess

of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-

tenths of one percent (0.4%), harmless natural gum, and pectin; provided that this

subsection shall not apply to any chewing gum by reason of its containing harmless

nonnutritive masticatory substances;

(4) If it bears or contains a coal-tar color other than one from a batch which has been

certified under authority of the federal act;

(5) If it is filled milk.
KRS § 97.710 — KY Code / Title IX / Chapter 97 / Section 97.710
97.710 Limit on expense to be incurred
Status: in_force

97.710 Limit on expense to be incurred.

Except with the approval of the city legislative body, the commission shall not incur for

maintenance purposes of the memorial, or permit the incurrence of, any liability or

expense exceeding the total funds derived or to be derived for any fiscal year by

appropriation from the city for such year, or the levying and collection of taxes for such

purpose in the fiscal year, supplemented by income from the memorial and by donations

in money or property reduced to money made to the commission for maintenance

purposes.
KRS § 7.136 — KY Code / Title II / Chapter 7 / Section 7.136
7.136 Alterations permitted in maintaining official version of KRS
Status: repealed

7.136 Alterations permitted in maintaining official version of KRS.

(1) The Commission, in maintaining the official version of the Kentucky Revised

Statutes, shall not alter the sense, meaning, or effect of any act of the General

Assembly, but may:

(a) Renumber sections and parts of sections of the acts of the General Assembly;

(b) Change the wording of headnotes;

(c) Divide or rearrange sections and parts of sections;

(d) Change words when directed by law;

(e) Change reference numbers to agree with renumbered chapters or sections, or

to make corrections in reference numbers when sections referred to are

repealed or amended and the correction can be made without change in the

law;

(f) Substitute the proper section or chapter numbers for the terms "this act," "the

preceding section," and the like;

(g) Change capitalization, spelling, and punctuation for the purpose of uniformity

and consistency; and

(h) Correct manifest clerical or typographical errors.

(2) In maintaining the official version of the Kentucky Revised Statutes, the reviser of

statutes may substitute the name of any agency, officer, or instrumentality of the

Commonwealth or of a political subdivision whose name is changed by law or to

which powers, duties, and responsibilities have been transferred by law, for the

name which the agency, officer, or instrumentality previously used or of the agency

which was previously vested with the same powers and charged with the same

duties and responsibilities.

(3) If any section or part of a section of a statute or of any act of the General Assembly

is amended by more than one (1) act at the same session of the General Assembly,

the Commission may incorporate in the statute the section as amended or altered by

the several acts, if each of the amendments, changes, or alterations can be given

effect and incorporated in the section in a manner which will make the section

intelligible. If a conflict appears between any section amended in an act to revise

and amend the Kentucky Revised Statutes and the same section in any other act

adopted at the same session of the General Assembly, the change or alteration

effected by the nonrevisory act shall be inserted in the section as incorporated in the

statute publication.
KRS § 426.555 — KY Code / Title XXXIX / Chapter 426 / Section 426.555
426.555 Procedure in case of death of execution defendant
Status: in_force

426.555 Procedure in case of death of execution defendant.

(1) The death of a defendant after a sale of his property under execution shall not

prevent a conveyance of the property. It shall be conveyed in the same manner and

with the same effect as if he were living.

(2) The levy of an execution is not discharged by the death of the defendant but is

suspended according to the provisions of the next following subsection.

(3) A judgment, or the levy of an execution, may be revived against the personal

representative or successor of a defendant after the lapse of six (6) months from the

time of the qualification of his first representative and against a real representative

after the lapse of twelve (12) months from the time of the death of the defendant. If,

however, owing to the perishable nature of the property levied on, or the cost of

keeping it, a sale of it would be beneficial, the court may so order; and the proceeds

shall be held subject to the order of the court on the rule for a revivor.

(4) The revivor may be made upon a rule in the action, ten (10) days' notice of which

shall be served in the same manner as summons. The motion for revivor shall be

docketed and tried as other motions, and the court may cause execution to issue

without delay.
KRS § 190.280 — KY Code / Title XVI / Chapter 190 / Section 190.280
190.280 Conspiracy to violate provisions of KRS 190.260 to 190.320
Status: in_force

190.280 Conspiracy to violate provisions of KRS 190.260 to 190.320.

No person shall conspire with any other person to violate the provisions of KRS 190.260

to 190.320.
KRS § 218A.1444 — KY Code / Title XVIII / Chapter 218A / Section 218A.1444
218A.1444 Controlled substance endangerment to a child in the fourth degree -- Penalty
Status: in_force

218A.1444 Controlled substance endangerment to a child in the fourth degree --

Penalty.

(1) A person is guilty of controlled substance endangerment to a child in the fourth

degree when he or she knowingly causes or permits a child to be present when any

person is illegally manufacturing a controlled substance or methamphetamine or

possesses a hazardous chemical substance with intent to illegally manufacture a

controlled substance or methamphetamine under circumstances that place a child in

danger of serious physical injury or death, if the child is not injured as a result of the

commission of the offense.

(2) Controlled substance endangerment to a child in the fourth degree is a Class D

felony.
KRS § 29A.990 — KY Code / Title IV / Chapter 29A / Section 29A.990
29A.990 Penalties
Status: in_force

29A.990 Penalties.

(1) Any employer who violates subsection (1) or (2) of KRS 29A.160 is guilty of a

Class B misdemeanor.

(2) Any willful violation of KRS 29A.010 to 29A.330 for which a penalty is not

otherwise provided by statute shall be punishable as a Class A misdemeanor.
KRS § 394.400 — KY Code / Title XXXIV / Chapter 394 / Section 394.400
394.400 Issue of dead devisee or legatee take parent's share
Status: in_force

394.400 Issue of dead devisee or legatee take parent's share.

If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving

issue who survive the testator, such issue shall take the estate devised or bequeathed, as

the devisee or legatee would have done if he had survived the testator, unless a different

disposition thereof is made or required by the will.
KRS § 380.130 — KY Code / Title XXXI / Chapter 380 / Section 380.130
380.130 Prohibition of limitation on right of financial institution to collect valid debts
Status: in_force

380.130 Prohibition of limitation on right of financial institution to collect valid

debts.

Nothing in this chapter shall be construed to limit the ability of a financial institution

licensed by KRS Chapter 286 from collecting on debts it is owed by a debtor.
KRS § 247.5091 — KY Code / Title XXI / Chapter 247 / Section 247.5091
247.5091 Refund of assessment collected from producer
Status: in_force

247.5091 Refund of assessment collected from producer.

If the referendum is carried in the affirmative and the assessment is levied and collected

as provided, any producer upon and against whom the assessment shall have been levied

and collected under the provisions of KRS 247.5061 to 247.5095, if dissatisfied with the

assessment and the result thereof, may demand of and receive from the treasurer of the

certified association a refund of the assessment collected from the producer; if the

demand for refund is made in writing within thirty (30) days after the date on which the

assessment is collected from the producer.
KRS § 431.420 — KY Code / Title XL / Chapter 431 / Section 431.420
431.420 City police to serve warrant, when
Status: in_force

431.420 City police to serve warrant, when.

Any warrant issued by District Court for an offense committed within a city shall be

served by the police department of that city if the warrant is to be served within the city

limits.
KRS § 350.421 — KY Code / Title XXVIII / Chapter 350 / Section 350.421
350.421 Protection of water resources
Status: in_force

350.421 Protection of water resources.

(1) Nothing in this chapter shall be construed as affecting in any way the right of any

person to enforce or protect, under applicable law, his interest in water resources

affected by a surface coal mining operation or an underground coal mine.

(2) Each permittee or operator of a surface or underground coal mine shall replace the

water supply of an owner of interest in real property who obtains all or part of his

supply of water for domestic, agricultural, industrial, or other legitimate use from an

underground or surface source where the supply has been affected by

contamination, diminution, or interruption proximately resulting from the surface or

underground coal mine.
KRS § 525.145 — KY Code / Title L / Chapter 525 / Section 525.145
525.145 Disrupting meetings and processions in the first degree
Status: in_force

525.145 Disrupting meetings and processions in the first degree.

(1) A person is guilty of disrupting meetings and processions in the first degree when,

with intent to prevent or disrupt a funeral or burial, funeral home viewing of a

deceased person, funeral procession, or funeral or memorial service for a deceased

person, he or she does any act tending to obstruct or interfere with it physically or

makes any utterance, gesture, or display designed to outrage the sensibilities of the

group attending the occasion.

(2) Disrupting meetings and processions in the first degree is a Class A misdemeanor.
KRS § 164.6927 — KY Code / Title XIII / Chapter 164 / Section 164.6927
164.6927 Penalties
Status: in_force

164.6927 Penalties.

(1) Any person who engages in the business of an athlete agent or represents himself or

herself as an athlete agent without being registered in accordance with KRS

164.6901 to 164.6935 shall be guilty of a Class A misdemeanor.

(2) Any registered athlete agent who knowingly and willfully commits a prohibited act

contained in KRS 164.6925 shall be guilty of a Class D felony.

(3) Any registered athlete agent who knowingly and willfully violates any provision of

KRS 164.6917 shall be guilty of a Class D felony.

(4) A student athlete who knowingly and willfully violates any provision of KRS

164.6919 shall be guilty of a Class A misdemeanor.

(5) Any registered athlete agent or athlete who fails to make restitution to a college or

university that prevails in a suit brought under KRS 164.6929 shall be guilty of a

Class D felony.
KRS § 311.7705 — KY Code / Title XXVI / Chapter 311 / Section 311.7705
311.7705 Prohibition against performing or inducing abortion before determining whether fetal heartbeat exists -- Exceptions -- Written notation -- Persons not in violation
Status: in_force

311.7705 Prohibition against performing or inducing abortion before

determining whether fetal heartbeat exists -- Exceptions -- Written

notation -- Persons not in violation.

(1) Except as provided in subsection (2) of this section, no person shall

intentionally perform or induce an abortion on a pregnant woman before

determining in accordance with KRS 311.7704(1) whether the unborn human

individual the pregnant woman is carrying has a detectable fetal heartbeat.

(2) (a) Subsection (1) of this section shall not apply to a physician who performs

or induces the abortion if the physician believes that a medical emergency

exists that prevents compliance with subsection (1) of this section.

(b) A physician who performs or induces an abortion on a pregnant woman

based on the exception in paragraph (a) of this subsection shall make

written notations in the pregnant woman's medical records of both of the

following:

1. The physician's belief that a medical emergency necessitating the

abortion existed; and

2. The medical condition of the pregnant woman that prevented

compliance with subsection (1) of this section.

The physician shall maintain a copy of the notations in the physician's

own records for at least seven (7) years from the date the notations were

made.

(3) A person is not in violation of subsection (1) of this section if the person acts in

accordance with KRS 311.7704(1) and the method used to determine the

presence of a fetal heartbeat does not reveal a fetal heartbeat.

(4) A pregnant woman on whom an abortion is intentionally performed or induced

in violation of subsection (1) of this section is not guilty of violating subsection

(1) of this section or of attempting to commit, conspiring to commit, or

complicity in committing a violation of subsection (1) of this section. In addition,

the pregnant woman is not subject to a civil penalty based on the abortion

being performed or induced in violation of subsection (1) of this section.