FrankGoortani/open-us-law huggingface dataset:
KRS § 279.080 — KY Code / Title XXIV / Chapter 279 / Section 279.080
279.080 Board of directors and officers
Status: in_force

279.080 Board of directors and officers.

(1) Each corporation formed under this chapter shall have a board of directors of not

less than five (5) members, which shall be the governing body of the corporation.

Unless otherwise provided in the articles of incorporation, directors need not be

members of the corporation. The directors, other than those named in the articles of

incorporation, shall be elected annually or as provided for in the bylaws, but no

director shall be elected for a longer term than four (4) years. The directors shall be

elected in a manner to insure secrecy and anonymity of ballots cast, provided the

result of such election is determined by ballot vote. The directors shall receive such

compensation and reimbursement of expenses as the bylaws provide. When a

vacancy on the board of directors occurs other than by expiration of a term, the

remaining members of the board, by a majority vote, shall fill the vacancy for the

remainder of the term by appointment, unless the bylaws otherwise provide.

(2) Subject to the provisions of the articles of incorporation and the bylaws, the board

of directors may adopt rules and regulations governing the procedure of the board

and the operations of the corporation, and shall manage and conduct the business

and affairs of the corporation.

(3) The officers of a corporation shall consist of a president, a secretary, and a treasurer,

each of whom shall be elected by the board of directors at such time and in such

manner as may be prescribed by the bylaws. Such other officers and assistant

officers and agents as may be deemed necessary may be elected or appointed by the

board of directors or chosen in such other manner as may be prescribed by the

bylaws. Any two (2) or more offices may be held by the same person, except that

the offices of the president and secretary may not be held by the same person. All

officers and agents of the corporation, as between themselves and the corporation,

shall have such authority and perform such duties in the management of the

corporation as may be provided in the bylaws, or as may be determined by

resolution of the board of directors not inconsistent with the bylaws.

(4) Every officer, employee, or agent handling funds, securities, or negotiable

instruments of or for any corporation created under this chapter shall be required to

execute an adequate bond for the faithful performance of his duties in an amount

and with security approved by the board.
KRS § 381.837 — KY Code / Title XXXII / Chapter 381 / Section 381.837
381.837 Master deed exceptions
Status: in_force

381.837 Master deed exceptions.

If a condominium does not contain any unit which is designed for occupancy by

only one family or household, or if the floor area of all those units which are designed for

occupancy by only one (1) family or household does not in the aggregate exceed ten

percent (10%) of the floor area of all units in the condominium, then the following

provisions shall be applicable, notwithstanding any other provisions of this chapter:

The master deed may provide:

(1) That to any extent specified in the master deed the common profits shall be

distributed among, and the common expenses shall be charged to, the unit owners in

proportions other than according to their respective percentages of the undivided

interest in the common areas and facilities;

(2) That to any extent specified in the master deed the unit owners shall not be

personally liable for sums assessed for their share of common expenses, but such

provisions shall not adversely affect any lien for said share;

(3) That the priority provided in KRS 381.883 shall not prohibit subordination of a

mortgage lien to the lien for common expenses;

(4) A procedure for submitting the disputes arising from the administration of the

condominium to arbitration or other impartial determination; and

(5) Terms and conditions differing from those set forth in KRS 381.830 or 381.890

regarding rebuilding made necessary by fire or other casualty loss, the making of

improvements and allocation of the costs of such rebuilding or improvements, and

the removal of the condominium or portion thereof from the provisions of this

chapter; and in such case, the terms and conditions of the master deed shall take

precedence over the provisions of KRS 381.830 or 381.890 to the extent they are

inconsistent.
KRS § 40.160 — KY Code / Title V / Chapter 40 / Section 40.160
40.160 Claims and payments nonassignable, exempt from taxation and from claims of creditors and process of courts until received
Status: in_force

40.160 Claims and payments nonassignable, exempt from taxation and from claims

of creditors and process of courts until received.

(1) Claims for payment of veterans' bonus shall not be assignable before or after

approval thereof; and any attempted or purported assignment received by or

tendered to any officer of the Commonwealth shall be void, need not be

acknowledged or returned, and may be disregarded.

(2) Payments of the veterans' bonus shall be exempt from all taxation by the

Commonwealth, its political subdivisions and taxing districts.

(3) No claim for payment of a veterans' bonus and no payment made by the

Commonwealth under this chapter shall give rise to a cause of action against the

Commonwealth or any of its officers, agents, or employees, and no claim for

payment shall be subject to attachment, levy, garnishment, or seizure by or under

any legal or equitable process whatever; but this provision shall not extend

exemption from legal process to the proceeds of any veterans' bonus payment after

the same has been received from the Commonwealth.

(4) The Commonwealth does not consent to be sued in any court with regard to any

matter connected with or arising out of claims for payment of the veterans' bonus

herein authorized.
KRS § 403.804 — KY Code / Title XXXV / Chapter 403 / Section 403.804
403.804 Application to Indian tribes
Status: in_force

403.804 Application to Indian tribes.

(1) A child custody proceeding that pertains to an Indian child as defined in the Indian

Child Welfare Act, 25 U.S.C. secs. 1901 et seq., is not subject to KRS 403.800 to

403.880 to the extent that it is governed by the Indian Child Welfare Act.

(2) A court of this state shall treat a tribe as if it were a state of the United States for the

purpose of applying Articles 1 and 2.

(3) A child custody determination made by a tribe under factual circumstances in

substantial conformity with the jurisdictional standards of KRS 403.800 to 403.880

shall be recognized and enforced under Article 3.
KRS § 39E.230 — KY Code / Title V / Chapter 39E / Section 39E.230
39E.230 Reports available to public -- Protection of trade secrets
Status: in_force

39E.230 Reports available to public -- Protection of trade secrets.

Reports to the commission or committee shall be available to the public upon request in

accordance with the provisions of KRS 61.870 to 61.884 relating to open records, if this

information is not protected from release to the general public as a trade secret under

federal law. Reasonable fees, consistent with KRS 61.874, may be charged for

reproduction of these reports.
KRS § 179.700 — KY Code / Title XV / Chapter 179 / Section 179.700
179.700 Definitions
Status: in_force

179.700 Definitions.

As used in KRS 179.700 to 179.735 unless the context requires otherwise:

(1) "Subdivision" means a group of residential structures or residential lots in an

unincorporated part of the county which is served by roads constructed to provide

ingress and egress for the residents. Subdivisions may contain nonresidential

property so long as the principal nature of the subdivision is residential.

(2) "Subdivision road district" means a district in a county or counties which has been

established for the maintenance of public roads which are not state or county roads

within that district.
KRS § 353.090 — KY Code / Title XXVIII / Chapter 353 / Section 353.090
353.090 Gas found beneath or between coal beds
Status: in_force

353.090 Gas found beneath or between coal beds.

If gas is found beneath a workable coal bed before the hole has been reduced from the

size it had at the coal bed, a packer shall be placed below the coal bed and above the gas

horizon, and the gas by this means diverted to the inside of the adjacent string of casing

through perforations made in the string of casing, and through it passed to the surface

without contact with the coal bed. If gas is found between two (2) workable beds of coal,

in a hole of the same diameter from bed to bed, two (2) packers shall be placed with

perforations in the casing between them, permitting the gas to pass inside the adjacent

casing to the surface. The strings of casing shall in either case extend from their seats to

the top of the well.
KRS § 438.306 — KY Code / Title XL / Chapter 438 / Section 438.306
438.306 Retailer to disclose to Secretary of State whether it sells authorized nicotine vapor products -- Secretary of State to maintain list of retailers
Status: in_force

438.306 Retailer to disclose to Secretary of State whether it sells authorized

nicotine vapor products -- Secretary of State to maintain list of retailers.

(1) Each retailer shall, upon organizational filing or application for certificate of

authority to the Secretary of State and upon its annual report, state whether it is

involved in the retail sale of authorized nicotine vapor products.

(2) The Secretary of State shall:

(a) Create a list of retailers that sell authorized nicotine vapor products; and

(b) Provide the list of retailers created under paragraph (a) of this subsection to

the department and the Department of Revenue on a monthly basis.
KRS § 65.410 — KY Code / Title IX / Chapter 65 / Section 65.410
65.410 Definitions
Status: in_force

65.410 Definitions.

(1) "Local legislative body" means the chief governing body of a city, county,

consolidated local government, or urban-county which has legislative powers

whether it is the board of aldermen, the general council, the common council, the

legislative council, the city council, the board of commissioners, the fiscal court, or

otherwise.

(2) "Open space land" means any land in an area which is provided or preserved for

park or recreational purposes; conservation of land or other natural resources;

historic or scenic purposes; or community development purposes.

(3) "Public body" means any state agency or local legislative body.

(4) A "scenic easement" is an interest in land transferred by the owner thereof to the

public, either in perpetuity or for a term of years. A scenic easement may be created

by sale, gift, lease, bequest, or otherwise. An instrument which creates a scenic

easement shall contain a covenant whereby the owner of the land promises neither

to undertake nor to permit the construction of any improvements upon the land,

except as the instrument provides and except for public service facilities installed

for the benefit of the land subject to such covenant or public service facilities

installed pursuant to an authorization by the governing body of the city, county,

urban-county, or the Public Service Commission. Any such reservation shall be

consistent with the purposes of this chapter or with the findings of the county, city,

or urban-county pursuant to KRS 65.466 and shall not permit any action which will

materially impair the open-space character of the land.
KRS § 235.065 — KY Code / Title XIX / Chapter 235 / Section 235.065
235.065 Year-round registration system
Status: in_force

235.065 Year-round registration system.

All motorboat registrations required to be renewed annually may be placed in a system of

registration renewal which would distribute the workload more evenly. This system to be

selected by the Transportation Cabinet in consultation with the county clerks may be by

the birth month of the owner of record or any other system that would take into account

the seasonal nature of motorboats.
KRS § 423.335 — KY Code / Title XXXVIII / Chapter 423 / Section 423.335
423.335 Signature by proxy
Status: in_force

423.335 Signature by proxy.

If an individual is physically unable to sign a record, the individual may direct another

individual, other than the notarial officer, to sign the individual’s name on the record by

proxy, in the presence of two (2) witnesses unaffected by the record, one (1) of whom

may be the individual who signs, by proxy, on behalf of the individual physically unable

to sign. Both witnesses shall sign their own names beside the proxy signature, and the

notarial officer shall insert "Signature affixed by (name of proxy signer) at the direction

of (name of individual) and in the presence of (names and addresses of the two

witnesses)" or words of similar import.
KRS § 393A.260 — KY Code / Title XXXIV / Chapter 393A / Section 393A.260
393A.260 Property reportable and payable or deliverable absent owner demand
Status: in_force

393A.260 Property reportable and payable or deliverable absent owner demand.

Property shall be reportable and payable or deliverable under this chapter even if the

owner fails to make demand or present an instrument or document otherwise required to

obtain payment.
KRS § 49.320 — KY Code / Title VI / Chapter 49 / Section 49.320
49.320 Victim of hate crime deemed victim of criminally injurious conduct
Status: in_force

49.320 Victim of hate crime deemed victim of criminally injurious conduct.

A person who suffers personal injury as a result of conduct in violation of KRS

532.031 is a victim of criminally injurious conduct as defined in KRS 49.280 and is

eligible for awards pursuant to KRS 49.270 to 49.490.
KRS § 38.990 — KY Code / Title V / Chapter 38 / Section 38.990
38.990 Penalties
Status: in_force

38.990 Penalties.

(1) Any person who makes a false oath as to any statement contained in the enlistment

papers mentioned in subsection (3) of KRS 38.090 shall be fined not less than ten

dollars ($10) nor more than fifty dollars ($50).

(2) Any civil officer who fails to execute process and sentences when required to do so

under KRS 38.400 shall be fined not more than fifty dollars ($50) for each offense.

(3) Any master, keeper, or other person in charge of a tollgate, toll bridge, or ferry who

willfully hinders or delays any member of the Kentucky National Guard or

Kentucky active militia going to or returning from any parade, encampment, drill, or

meeting which he is required by proper authority to attend, or who refuses free

passage to any member, conveyance, or other property in violation of KRS 38.430

shall be fined not more than fifty dollars ($50) for each offense.

(4) Any person who violates any of the provisions of KRS 38.440 shall be fined not

less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned

in the county jail for not more than six (6) months, or both.

(5) Any person who violates any of the provisions of KRS 38.450 shall be fined not

less than ten dollars ($10) nor more than one hundred dollars ($100).

(6) Any person who violates any of the provisions of subsection (1) of KRS 38.460 or

who aids in enforcing any provision prohibited by subsection (2) of KRS 38.460

shall be fined not less than one hundred dollars ($100) or more than five hundred

dollars ($500) or imprisoned in the county jail not less than six (6) months, or both.

(7) Any person who trespasses upon property occupied by the Kentucky National

Guard or Kentucky active militia contrary to the orders of the officer in charge of

such property shall be fined not less than one hundred dollars ($100) nor more than

five hundred dollars ($500) or imprisoned in the county jail for six (6) months, or

both.

(8) Any witness who refuses to appear in answer to a subpoena, to answer questions

before a military court or board is guilty of contempt and may be fined not more

than fifty dollars ($50) by such court or board.

(9) Any employer failing to meet any requirements of KRS 38.238 shall be guilty of a

Class A misdemeanor.
KRS § 281.755 — KY Code / Title XXIV / Chapter 281 / Section 281.755
281.755 Inspection of motor vehicles
Status: in_force

281.755 Inspection of motor vehicles.

(1) The Department of Kentucky State Police or any other peace officer designated by

the department may at any time or place make an inspection of any motor vehicle

operating under the provisions of this chapter. They may enter into and upon any

such motor vehicle for the purpose of ascertaining whether or not any provision of

this chapter or any order or rule or regulation of the department relating to such

motor vehicles has been violated. Willful refusal to stop any such motor vehicle,

when ordered to do so by any representative of the Department of Kentucky State

Police, or to permit the representative to enter into or upon the motor vehicle for the

purpose of inspection, shall be sufficient ground for the revocation or suspension of

the certificate or permit of the motor carrier.

(2) In the event that a peace officer orders a commercial motor vehicle to be taken to a

storage or impoundment facility as a result of a violation which requires the vehicle

to be moved, the driver of the commercial motor vehicle shall be granted the ability

to drive the commercial motor vehicle to the storage or impoundment facility. If the

driver elects to drive to the storage or impoundment facility, a peace officer shall

escort the vehicle to the facility. This subsection shall not apply if the commercial

motor vehicle is required to be impounded as a result of a violation of KRS

281A.210, an out-of-service order as defined in KRS 281A.010(26), or a serious

traffic violation as defined in KRS 281A.010(29).
KRS § 312.035 — KY Code / Title XXVI / Chapter 312 / Section 312.035
312.035 Terms of board members -- Vacancies
Status: in_force

312.035 Terms of board members -- Vacancies.

Each member of the board shall serve for a term of three (3) years and until his successor

is appointed and qualified. Appointments to fill vacancies shall be for the unexpired term,

and shall be made in accordance with the provisions of KRS 312.015 to 312.175.
KRS § 45A.492 — KY Code / Title VI / Chapter 45A / Section 45A.492
45A.492 Legislative declarations
Status: in_force

45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to

Kentucky residents in contracts by its governmental bodies; and

(2) Providing preference to Kentucky residents equalizes the competition with other

states that provide preference to their residents.
KRS § 352.500 — KY Code / Title XXVIII / Chapter 352 / Section 352.500
352.500 Rights of adjoining owners
Status: in_force

352.500 Rights of adjoining owners.

(1) Each owner, tenant or occupant of land on which a mine is opened and worked, or

his superintendent, shall permit any person interested in or having title to any land

adjoining the mined property to have ingress and egress with surveyors and

assistants to explore and survey the mine at his own expense once a month for the

purpose of ascertaining whether or not KRS 352.490 has been violated.

(2) If the right granted in subsection (1) is refused, complaint may be made before the

District Court of the county in which the mine is located, and the court shall issue a

summons to the owner, tenant, occupant or superintendent to answer the complaint.

On the return of the summons executed, and proof that the complainant has right of

entry and has been refused without sufficient cause, the court shall designate an

early and convenient time for the entry to be made, and issue an order commanding

the sheriff of the county to attend and prevent obstructions and impediments to the

entry, exploration and survey. The cost of summons and the fee of the sheriff shall

be paid by the person whose refusal occasioned the complaint, unless the court

dismisses the complaint, in which case the party making the complaint shall pay the

cost and sheriff's fee. Either party may appeal as in other actions.
KRS § 280.170 — KY Code / Title XXIV / Chapter 280 / Section 280.170
280.170 Application of KRS 280.180 to 280.290
Status: in_force

280.170 Application of KRS 280.180 to 280.290.

The provisions of KRS 280.180 to 280.290 do not apply to ferries for which a certificate

of convenience and necessity is required under KRS 280.020.
KRS § 278.2219 — KY Code / Title XXIV / Chapter 278 / Section 278.2219
278.2219 Waiver or deviation from requirements of KRS 278.2201 to 278.2213
Status: in_force

278.2219 Waiver or deviation from requirements of KRS 278.2201 to 278.2213.

(1) Notwithstanding any provisions in KRS 278.2201 to the contrary, a utility may

apply to the commission for a waiver or deviation from any or all provisions of

KRS 278.2201 to 278.2213.

(2) The utility's application to the commission shall:

(a) Demonstrate the basis of the utility's need to be granted a waiver or deviation;

and

(b) Contain, if appropriate, documentation regarding the costs and benefits of

compliance with the provisions of KRS 278.2201 to 278.2213.

(3) The commission shall grant a waiver or deviation if the commission finds that

compliance with the provisions of KRS 278.2201 to 278.2213 is impracticable or

unreasonable. The findings of the commission shall be a final appealable order.
KRS § 323.400 — KY Code / Title XXVI / Chapter 323 / Section 323.400
323.400 Definitions for KRS 323.400 to 323.416 and 323.992
Status: in_force

323.400 Definitions for KRS 323.400 to 323.416 and 323.992.

As used in KRS 323.400 to 323.416 and 323.992, unless the context otherwise requires:

(1) "Board" means the Kentucky Board of Architects;

(2) "Certified interior designer" means a person who is certified to use the title

"certified interior designer" in accordance with KRS 323.400 to 323.416 and

323.992 by meeting the criteria of education, experience, and examination as

determined by the board; and

(3) "NCIDQ" means the National Council for Interior Design Qualification.
KRS § 620.220 — KY Code / Title LI / Chapter 620 / Section 620.220
620.220 Information to Administrative Office of the Courts Citizen Foster Care Review Board Program
Status: in_force

620.220 Information to Administrative Office of the Courts Citizen Foster Care

Review Board Program.

(1) The clerk of the court shall forward to the Administrative Office of the Courts

Citizen Foster Care Review Board Program a copy of each temporary custody order

and commitment order or provide electronic notification in the manner prescribed

by the Administrative Office of the Courts within fourteen (14) days of the date the

order is issued.

(2) When a child is voluntarily committed to the cabinet, the cabinet shall forward a

copy of the placement agreement to the Administrative Office of the Courts Citizen

Foster Care Review Board Program within fourteen (14) days of the time the child

is placed.
KRS § 446.280 — KY Code / Title XLI / Chapter 446 / Section 446.280
446.280 Effect of failure to indicate deleted material by brackets and strike through
Status: in_force

446.280 Effect of failure to indicate deleted material by brackets and strike

through.

In the event material which was in the original text of a statute is deleted from the statute

in a bill amending the statute but is not indicated by brackets and strike through, the

deletion shall be considered in error and shall have no force and effect and shall be

retained in any publication of statutes by the statute reviser.
KRS § 431.670 — KY Code / Title XL / Chapter 431 / Section 431.670
431.670 Attachment of commission to Office of the Attorney General
Status: in_force

431.670 Attachment of commission to Office of the Attorney General.

For administrative purposes only, the Kentucky Multidisciplinary Commission on Child

Sexual Abuse shall be attached to the Office of the Attorney General.