FrankGoortani/open-us-law huggingface dataset:
KRS § 138.4605 — KY Code / Title XI / Chapter 138 / Section 138.4605
138.4605 Taxes on loaner or rental motor vehicles
Status: in_force

138.4605 Taxes on loaner or rental motor vehicles.

(1) A motor vehicle dealer who operates a service or repair component in his dealership

may register a motor vehicle to be used exclusively as a loaner or rental motor

vehicle to the customers of this service or repair department. The dealer may pay

usage tax on the loaner or rental motor vehicle as provided in KRS 138.460, or,

subject to the provisions of this section, may pay a usage tax of twenty-five dollars

($25) per month on the loaner or rental motor vehicle.

(2) A dealer shall pay the usage tax on a loaner or rental motor vehicle in the manner

provided by KRS 138.460 unless the dealer shows to the satisfaction of the

Department of Revenue that he is regularly engaged in the servicing or repair of

motor vehicles and loans or rents the loaner or rental motor vehicle to a retail

customer while the customer's motor vehicle is at the dealership for repair or

service.

(3) For a dealer to be eligible to pay the usage tax on a loaner or rental motor vehicle

under this section, the dealer shall identify the motor vehicle as a loaner or rental

motor vehicle to the Department of Revenue and shall maintain records, as required

by the Department of Revenue, which show all uses of the loaner or rental motor

vehicle.

(4) The tax due under subsection (1) of this section shall be remitted to the Department

of Revenue monthly on forms prescribed by and in accordance with administrative

regulations promulgated by the department.

(5) Failure of a motor vehicle dealer to remit the taxes applicable to a loaner or rental

motor vehicle under this section shall be sufficient cause for the Department of

Revenue to revoke the authority to use that motor vehicle as a loaner or rental motor

vehicle and cause the usage tax on that motor vehicle to be due and payable in

accordance with KRS 138.460 on the retail price of that motor vehicle when it was

first registered as a loaner or rental motor vehicle.

(6) A motor vehicle no longer covered under the loaner permit program shall be taxed

in the same manner as motor vehicles under KRS 138.450(12) or (16).
KRS § 344.250 — KY Code / Title XXVII / Chapter 344 / Section 344.250
344.250 Investigations, powers, records, confidential nature of
Status: in_force

344.250 Investigations, powers, records, confidential nature of.

(1) In connection with an investigation of a complaint filed under this chapter, the

commission or its designated representative at any reasonable time may request

access to premises, records, and documents relevant to the complaint and the right

to examine, photograph and copy evidence.

(2) Every person subject to this chapter shall (a) make and keep records relevant to the

determination of whether unlawful practices have been or are being committed, (b)

preserve such records for such periods, and (c) make such reports therefrom, as the

commission shall prescribe by regulation or order, after public hearing, as

reasonable, necessary, or appropriate for the enforcement of this chapter or the

regulations or orders thereunder.

(3) The commission, by regulation, shall require each person subject to this chapter

which controls an apprenticeship or other training program to keep all records

reasonably necessary to carry out the purpose of the chapter, including, but not

limited to, a list of applicants who wish to participate in such program, including

the chronological order in which applications were received, and shall furnish to the

commission upon request, a detailed description of the manner in which persons are

selected to participate in the apprenticeship or other training programs.

(4) A person who believes that the application to it of a regulation or order issued under

this section would result in undue hardship may apply to the commission for an

exemption from the application of the regulation or order. If the commission finds

that the application of the regulation or order to the person in question would

impose an undue hardship, the commission may grant appropriate relief.

(5) So as to avoid undue burdens on persons subject to this chapter, records and reports

required by the commission under this section shall conform as near as may be to

similar records and reports required by federal law and the laws of other states and

to customary record-keeping practice.

(6) It is unlawful for a commissioner or employee of the commission to make public

with respect to a particular person without his consent information obtained by the

commission pursuant to its authority under this section except as reasonably

necessary to the conduct of a proceeding under this chapter.

(7) If a person fails to permit access, examination, photographing or copying or fails to

make, keep, or preserve records or make reports in accordance with this section, the

Circuit Court for the county in which such person is found, resides, or has his

principal place of business, upon application of the commission, may issue an order

requiring compliance.
KRS § 431.532 — KY Code / Title XL / Chapter 431 / Section 431.532
431.532 Bail deposits by person other than defendant
Status: in_force

431.532 Bail deposits by person other than defendant.

When deposits of money are made by a person other than the defendant utilizing funds

other than those of the defendant as bail security pursuant to KRS 431.530 the following

terms and conditions shall apply in lieu of the provisions of subsections (3) and (4) of

KRS 431.530:

(1) The deposit shall be listed as being made on behalf of the defendant by the

depositor and not in the name of the defendant;

(2) If the conditions of release have been performed and the defendant has been

discharged from all obligations in the action the clerk of the court shall return to the

person who deposited the money ninety percent (90%) of the sum deposited and

shall retain as bail costs ten percent (10%) of the amount deposited provided,

however, in no event shall the amount retained by the clerk as bail costs be less than

five dollars ($5);

(3) No deductions shall be made by the court for public advocate services, satisfaction

of fines, payment of attorneys, or any other purpose when the defendant has been

discharged as provided in subsection (2) of this section unless agreed to by the

poster of the bond.

(4) If the defendant has performed all conditions of release and if the defendant is

found not guilty of the offense for which bail was posted, or if all charges against

him relating to the offense for which bail was posted are dropped or dismissed, then

all bail money deposited pursuant to this section shall be returned to the person

posting the bail with no deductions therefrom as provided in subsection (3) or (4) of

KRS 431.530.
KRS § 67A.924 — KY Code / Title IX / Chapter 67A / Section 67A.924
67A.924 Ad valorem tax levy to retire bonds
Status: in_force

67A.924 Ad valorem tax levy to retire bonds.

In order to accomplish its purposes the authority, through its board, may request the

legislative body of the urban-county government in which it is located to levy an ad

valorem tax on all property within the parking district which is assessed for local

taxation, at a rate, which, when calculated in connection with other revenues of the

authority, shall not exceed the amount necessary to amortize any bonds issued or

proposed to be issued to finance the project or projects proposed by the authority, plus

operating expenses of the authority. All ad valorem taxes authorized by this chapter shall

be collected in the same manner as are all other ad valorem taxes and shall be turned over

to the board of commissioners as the governing body of the authority. Such taxes shall be

solely for the benefit and purposes of the authority and shall be in addition to all other

taxes. The legislative body may levy the ad valorem tax so requested initially and from

year to year thereafter if required in conjunction with other revenues, to amortize any

bonds issued or proposed for a project not disapproved under the authority of this chapter.
KRS § 506.140 — KY Code / Title L / Chapter 506 / Section 506.140
506.140 Criminal gang recruitment
Status: in_force

506.140 Criminal gang recruitment.

(1) (a) Any person who is age eighteen (18) or older is guilty of criminal gang

recruitment in the first degree if he or she:

1. Solicits or entices any person under the age of fifteen (15) to join a

criminal gang; and

2. Requires as a condition of membership the commission of a crime.

(b) Criminal gang recruitment in the first degree is a Class C felony for the first

offense and a Class B felony for a second or subsequent offense.

(2) (a) Any person over the age of eighteen (18) is guilty of criminal gang

recruitment in the second degree if he or she entices or solicits another person

to join a criminal gang or intimidates or threatens another person because the

other person:

1. Refuses to join a criminal gang;

2. Has withdrawn or is attempting to withdraw from a criminal gang; or

3. Refuses to submit to a demand made by a criminal gang.

(b) Criminal gang recruitment in the second degree is a Class D felony for the

first offense and a Class C felony for a second or subsequent offense.

(3) (a) Any person under the age of eighteen (18) is guilty of criminal gang

recruitment in the third degree when he or she intentionally encourages or

solicits another person to join a criminal gang.

(b) Criminal gang recruitment in the third degree is a Class A misdemeanor for

the first offense and a Class D felony for a second or subsequent offense.

(4) It shall be no defense to prosecution under this section that the other person never

intended to or did not commit the crime.
KRS § 134.825 — KY Code / Title XI / Chapter 134 / Section 134.825
134.825 Data processing costs for AVIS for ad valorem collections to be paid by Department of Revenue
Status: in_force

134.825 Data processing costs for AVIS for ad valorem collections to be paid by

Department of Revenue.

The Department of Revenue shall be responsible for payment of all expenses related to

the development and implementation of computer and administrative systems necessary

to carry out the provisions of KRS 134.805, 134.810 and 186A.145 and, further, shall

reimburse each state agency involved for all ongoing operational costs, including the

calculation, preparation, and mailing of notices of ad valorem property tax due on motor

vehicles, incurred by each such agency in administering the provisions of KRS 134.805,

134.810 and 186A.145.
KRS § 319.030 — KY Code / Title XXVI / Chapter 319 / Section 319.030
319.030 Annual report of board -- Principal office -- Register
Status: in_force

319.030 Annual report of board -- Principal office -- Register.

(1) On June 30 of each year the board shall submit to the Governor a written report

including the names of all persons to whom licenses have been granted as provided

in this chapter and any cases heard and decisions rendered.

(2) The board may locate its principal office, meet, or conduct any of its business at any

place in this state.

(3) The board shall keep a record of its proceedings and a register of licensed and

certified psychologists, licensed psychological practitioners, and licensed

psychological associates. The books and records of the board shall be prima facie

evidence of the matters therein contained.
KRS § 247.6011 — KY Code / Title XXI / Chapter 247 / Section 247.6011
247.6011 Certification of authority
Status: in_force

247.6011 Certification of authority.

Upon being certified by the Commissioner of Agriculture, the association shall be fully

authorized and empowered to hold and conduct on the part of the producers of corn a

referendum on the question of whether the producers shall levy upon themselves an

assessment under, and subject to, and for the purpose stated in KRS 247.6001 to

247.6035. The referendum shall be conducted on a statewide basis.
KRS § 212.792 — KY Code / Title XVIII / Chapter 212 / Section 212.792
212.792 Personnel matters
Status: in_force

212.792 Personnel matters.

(1) The board shall establish a compensation plan for all employees of the department.

(2) The employees of the department shall be employed and governed in accordance

with the board's merit system. The board shall provide for the recruitment,

examination, appointment, promotion, transfer, lay-off, removal, discipline,

compensation, and welfare of the department's employees by establishing a system

of personnel administration based on merit principles. The systems shall include a

personnel board of at least five (5) members appointed by the board for two (2) year

terms. The personnel board shall establish rules and regulations governing the

administration of the personnel system. The district director of health shall function

as the appointing authority for personnel matters of the board. The board shall have

one (1) year from the implementation of KRS 212.780 to 212.794 to provide for a

merit system.

(3) Notwithstanding the provisions of KRS 61.510 to 61.692 and 78.510 to 78.852 all

regular full-time, present and future public health employees of an independent

district department of health shall be included within the provisions of the Kentucky

Retirement System.

(4) When a personnel board is organized as provided in this section, all health

department employees shall be transferred to and continued in the service of the

department created under KRS 212.782. Any health department employee who is in

classified service at the time of the establishment of a personnel system shall be

continued in the classified service of the newly created department with the same

status held in the district department of health.
KRS § 362.165 — KY Code / Title XXIX / Chapter 362 / Section 362.165
362.165 Rules of construction
Status: in_force

362.165 Rules of construction.

(1) The rule that statutes in derogation of the common law are to be strictly construed

shall have no application to KRS 362.150 to 362.360.

(2) The law of estoppel shall apply under KRS 362.150 to 362.360.

(3) The law of agency shall apply under KRS 362.150 to 362.360.

(4) KRS 362.150 to 362.360 shall be so interpreted and construed as to effect its

general purpose to make uniform the law of those states which enact it.

(5) KRS 362.150 to 362.360 shall not be construed so as to impair the obligations of

any contract existing when they go into effect, nor to affect any action or

proceedings begun or right accrued before they take effect.
KRS § 202A.061 — KY Code / Title XVII / Chapter 202A / Section 202A.061
202A.061 Two certifications required
Status: in_force

202A.061 Two certifications required.

In any proceeding for involuntary hospitalization under the applicable provisions of this

chapter, if the criteria for involuntary hospitalization are not certified by at least two (2)

examining qualified mental health professionals, the court shall, without taking any

further action, terminate the proceedings and order the release of the person. The

qualified mental health professionals shall certify to the court within twenty-four (24)

hours (excluding weekends and holidays) of the examination, their findings and opinions

as to whether the person shall be involuntarily hospitalized.
KRS § 187.590 — KY Code / Title XVI / Chapter 187 / Section 187.590
187.590 Surrender of license and registration certificates
Status: in_force

187.590 Surrender of license and registration certificates.

Any person whose license or registration shall have been suspended as provided in KRS

187.290 to 187.620, or whose policy of insurance or bond, when required under KRS

187.290 to 187.620, shall have been canceled or terminated, or who shall neglect to

furnish other proof upon request of the cabinet shall immediately return his license and

registration to the cabinet. If any person shall fail to return to the cabinet the license or

registration as provided herein, the cabinet shall forthwith direct any peace officer to

secure possession thereof and return the same to the cabinet.
KRS § 311A.142 — KY Code / Title XXVI / Chapter 311A / Section 311A.142
311A.142 Reciprocity for certification or licensure of member of military as emergency medical responder, emergency medical technician, advanced emergency medical technician, or paramedic -- Reciprocity of licensure and certification with another state -- Administrative regulations
Status: in_force

311A.142 Reciprocity for certification or licensure of member of military as

emergency medical responder, emergency medical technician, advanced

emergency medical technician, or paramedic -- Reciprocity of licensure and

certification with another state -- Administrative regulations.

(1) Any member of the United States military who is registered by the National

Registry of Emergency Medical Technicians as an emergency medical responder,

emergency medical technician, advanced emergency medical technician, or

paramedic shall be eligible for reciprocity for Kentucky certification or licensure at

the same certification or licensure level.

(2) Any emergency medical responder, emergency medical technician, advanced

emergency medical technician, or paramedic that is currently certified or licensed

and in good standing with another state may be eligible for reciprocity at the same

certification or licensure level in accordance with administrative regulations

promulgated in accordance with KRS Chapter 13A.

(3) The Kentucky Board of Emergency Medical Services shall promulgate

administrative regulations in accordance with KRS Chapter 13A as necessary to

implement the provisions of this section.
KRS § 388.270 — KY Code / Title XXXIII / Chapter 388 / Section 388.270
388.270 Court to approve appointment -- Bond of guardian or conservator
Status: in_force

388.270 Court to approve appointment -- Bond of guardian or conservator.

(1) Before making an appointment under the provisions of this chapter, the court shall

be satisfied that the person whose appointment is sought is a fit and proper person

to be appointed. Upon the appointment being made, the guardian or conservator

shall execute and file a bond to be approved by the court in an amount not less than

the estimated value of the personal estate and anticipated income during the ensuing

year. The said bond shall be in the form and be conditioned as required of guardians

and conservators appointed under the general guardianship laws of this state. The

court shall have power from time to time to require the guardian or conservator to

file an additional bond.

(2) Where a bond is tendered by a guardian or conservator with personal sureties, there

shall be at least two (2) such sureties and they shall file with the court a certificate

under oath which shall describe the property owned, both real and personal, and

shall state that they are each worth the sum named in the bond as the penalty thereof

over and above all their debts and liabilities and exclusive of property exempt from

execution. Notwithstanding such tender, the court may require additional security or

may require a corporate surety bond, the premium thereon to be paid from the

ward's estate.
KRS § 267.350 — KY Code / Title XXII / Chapter 267 / Section 267.350
267.350 Board or court may change assessment -- Relevy
Status: in_force

267.350 Board or court may change assessment -- Relevy.

(1) When the county judge/executive has confirmed an assessment for any

improvement and it has been modified by a court of superior jurisdiction, or for

some unforeseen cause it cannot be collected, the board may change the original

assessment to conform to the judgment of the court and to cover any deficit caused

by the order of the county judge/executive, or unforeseen occurrence.

(2) In any other case where, for any cause, it is ascertained that the amount assessed

against the property in the district is not sufficient to complete the improvement

provided for, and a petition is filed by the board, or any three (3) or more of the

original petitioners, or by the board and three (3) or more of the petitioners, stating

the amount of the deficit, the causes thereof and the amount necessary to be raised

in order to complete the work, and asking an additional assessment and levy, the

county judge/executive shall cause the county clerk to give notice of the filing and

purpose of the petition, and shall fix a time between ten (10) and twenty (20) days

from the giving of the notice when the petition will be acted upon, and exceptions,

answers or objections received. The notice shall be published pursuant to KRS

Chapter 424, and posted in at least three (3) public places in the district. Such

publication shall be sufficient notice of the proceeding to all parties affected. Upon

hearing, if the county judge/executive finds that the additional assessment and levy

asked for in the petition are necessary and ought to be made in order to complete the

work, he shall direct such assessment and relevy to be made by the board.

(3) Any additional assessment and relevy made under this section shall be made in the

same ratio on the land benefited as the original assessment, and shall be collected in

the same way.
KRS § 625.0405 — KY Code / Title LI / Chapter 625 / Section 625.0405
625.0405 Appointment of attorney to represent indigent parent for termination of rights for purpose of adoption -- Expenses paid by prospective adoptive parents to be submitted to court -- Penalty
Status: in_force

625.0405 Appointment of attorney to represent indigent parent for termination of

rights for purpose of adoption -- Expenses paid by prospective adoptive

parents to be submitted to court -- Penalty.

(1) A parent desiring the termination of his or her parental rights and a transfer of the

parental rights to a person, persons, the cabinet, or a child-placing agency licensed

by the cabinet for the purpose of adoption may prior to or upon the filing of the

petition request the Circuit Court to appoint an attorney to represent the parent and

provide legal representation in the termination action. If the court determines

pursuant to KRS Chapter 31 that the requesting parent is indigent, the court shall

appoint an attorney (within forty-eight (48) hours) to represent the indigent parent.

The attorney for the indigent parent shall receive a fee to be fixed by the court, not

to exceed five hundred dollars ($500) and assessed as costs, and the court may order

the costs to be paid by the proposed adoptive parent, parents, or agency before the

entry of a judgment of termination, except the attorney's fee shall be paid by the

Finance and Administration Cabinet if termination is not granted, or if custody of

the child is placed with the cabinet.

(2) (a) In every voluntary termination proceeding, the expenses paid, including but

not limited to any fees for legal services, placement services, and expenses of

the biological parent or parents, by the prospective adoptive parent for any

purpose related to a termination of parental rights shall be submitted to the

court, supported by an affidavit, setting forth in detail a listing of the expenses

for the court's approval or modification.

(b) In the event the court modifies the expense request as it relates to legal fees

and legal expenses only, the attorney for the prospective adoptive parents shall

not have any claim against the prospective adoptive parents for the amount not

approved.

(3) Any person who violates subsection (2) of this section shall be guilty of a Class A

misdemeanor.