FrankGoortani/open-us-law huggingface dataset:
KRS § 149.030 — KY Code / Title XII / Chapter 149 / Section 149.030
149.030 Cabinet may establish reserves and lease land
Status: in_force

149.030 Cabinet may establish reserves and lease land.

The Energy and Environment Cabinet may establish forest reserves in places where the

land is suitable for the growth of timber and for the propagation of wild animal life. It

may lease lands suitable for the purpose of growing timber and adapted to the propagation

of game and wild animals. Such leases shall be for a term of not less than twenty (20) nor

more than one hundred (100) years, and the rental shall not exceed the amount of state,

county and school taxes on the property. The rentals shall be paid not later than December

31 in each year, out of funds accruing to the Energy and Environment Cabinet. All taxes

shall be paid by the owners of the property prior to or at the time the rentals are paid by

the Energy and Environment Cabinet.
KRS § 154A.050 — KY Code / Title XII / Chapter 154A / Section 154A.050
154A.050 Duties of board
Status: in_force

154A.050 Duties of board.

(1) The board of directors shall provide the president with private-sector perspectives

on the operation of a large marketing enterprise. The board shall:

(a) Approve, disapprove, amend, or modify the budget recommended by the

president for the operation of the corporation;

(b) Approve, disapprove, amend, or modify the terms of major lottery

procurements recommended by the president;

(c) Serve as a board of appeal for any denial, revocation, or cancellation by the

president of a contract with a lottery retailer; and

(d) Adopt, from time to time, administrative regulations which shall be subject to

the provisions of KRS Chapter 13A, as may be necessary to carry out and

implement its powers and duties, the operation of the corporation, the conduct

of lottery games in general, and any other matters necessary or desirable for

the efficient and effective operation of the lottery or convenience of the

public. The board may adopt, without recourse to the administrative regulation

process unless it so desires, rules for the conduct of specific lottery games,

including but not limited to, rules specifying:

1. The types of games to be conducted;

2. The sale price of tickets;

3. The number and amount of prizes;

4. The method and location of selecting or validating winning tickets;

5. The frequency and the means of conducting drawings which shall be

open to the public;

6. The manner of payment of prizes;

7. The frequency of games and drawings;

8. The manner and amount of compensation to lottery retailers, except all

compensation shall be uniform; and

9. Any other matters necessary or desirable for the efficient and effective

operation of the lottery or for the convenience of the public.

(2) In all other matters, the board shall advise and make recommendations. However,

the board shall:

(a) Conduct hearings upon complaints charging violations of this chapter or of

administrative regulations adopted by the corporation and shall conduct such

other hearings as may be provided by administrative regulation;

(b) Review the performance of the corporation and:

1. Advise the president and make recommendations to him regarding

operations of the corporation; and

2. Identify potential improvements in this chapter, the administrative

regulations of the corporation, and the management of the corporation;

(c) Request from the corporation any information the board determines to be

relevant to its duties; and

(d) Report to the president of the corporation, the Governor, the President of the

Senate, and the Speaker of the House of Representatives regarding its findings

and recommendations.
KRS § 309.444 — KY Code / Title XXVI / Chapter 309 / Section 309.444
309.444 Registration as radon laboratory -- Renewal of registration certificate -- Requirements for radon laboratory
Status: in_force

309.444 Registration as radon laboratory -- Renewal of registration certificate --

Requirements for radon laboratory.

(1) The board shall issue a radon laboratory registration certificate to any business

entity certified for radon laboratory analysis that:

(a) Completes a registration process prescribed by the board through

promulgation of an administrative regulation;

(b) Presents proof of compliance with a board-approved proficiency program; and

(c) Furnishes evidence of a general liability insurance policy that satisfies the

requirements of KRS 309.442.

(2) The board shall renew the radon laboratory registration certificate of any business

entity that:

(a) Completes a registration process and pays a fee prescribed by the board

through promulgation of an administrative regulation;

(b) Presents proof of compliance with a board-approved proficiency program; and

(c) Furnishes evidence of a general liability insurance policy that satisfies the

requirements of KRS 309.442;

(3) A radon laboratory shall:

(a) Maintain certification with a board-approved proficiency program;

(b) Ensure all laboratory analysis is conducted in accordance with the applicable

laboratory analysis standard operating procedures; and

(c) Maintain a quality control program plan in accordance with the applicable

standard operating procedures for laboratory analysis quality assurance and

control.
KRS § 311.490 — KY Code / Title XXVI / Chapter 311 / Section 311.490
311.490 Hearing to revoke, suspend, probate, or refuse to renew license -- Violation may be enjoined -- Enforcement -- Appeal
Status: in_force

311.490 Hearing to revoke, suspend, probate, or refuse to renew license -- Violation

may be enjoined -- Enforcement -- Appeal.

(1) A suspension, probation, or revocation of a license, or a refusal to renew a license,

may be made or a fine imposed by the board only after a hearing which shall be

conducted in accordance with KRS Chapter 13B.

(2) The board may institute, in its own name, proceedings to temporarily or

permanently restrain and enjoin violations of KRS 311.380 to 311.510, regardless

of whether the defendant has been convicted for violations of the penal provisions

thereof, and shall not be required to pay any cost or filing fees or furnish any bond

in connection therewith. Violations of injunctions and restraining orders shall be

punished as a contempt without the intervention of a jury.

(3) A licensee whose license has been revoked, probated, or suspended, or against

whom a fine has been imposed by the board, or who has been refused a renewal

license, may appeal a final order of the board to the Circuit Court of the county in

which the hearing was held.
KRS § 391.355 — KY Code / Title XXXIV / Chapter 391 / Section 391.355
391.355 Set-off
Status: in_force

391.355 Set-off.

Without qualifying any common law or any other statutory right to set-off or lien and

subject to any contractual provision, if a party to a multiple-party account is indebted to a

financial institution, the financial institution has a right to set-off against the account in

which the party has or had immediately before his death a present right of withdrawal

without the joinder of any other party. The amount of the account subject to set-off is that

proportion to which the debtor is, or was immediately before his death, beneficially

entitled, and in the absence of actual knowledge of net contributions by the financial

institution, to an equal share with all parties having present rights of withdrawal without

the joinder of any other party.
KRS § 189A.104 — KY Code / Title XVI / Chapter 189A / Section 189A.104
189A.104 Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A
Status: in_force

189A.104 Alcohol or substance testing subject to refusal or enhancement of

penalties under KRS Chapter 189A.

(1) The only alcohol or substance testing that is subject to refusal or enhancement

of penalties provided for in this chapter is:

(a) Breath analysis testing by an instrument installed, tested, and maintained

by the Commonwealth for that specific purpose at a police station or

detention facility;

(b) Blood or urine testing at the request of the officer at a police station,

detention facility, or medical facility; or

(c) Combination of tests required in paragraphs (a) or (b) of this subsection.

(2) The results of any breath analysis by an instrument other than one specified in

subsection (1) of this section shall be inadmissible in court.
KRS § 15.055 — KY Code / Title III / Chapter 15 / Section 15.055
15.055 Publication of list of delinquent child support obligors -- Distribution of "most wanted" posters
Status: in_force

15.055 Publication of list of delinquent child support obligors -- Distribution of

"most wanted" posters.

(1) The Office of the Attorney General shall produce a list of names of delinquent

obligors as defined in administrative regulations promulgated under this section.

(2) The Office of the Attorney General shall promulgate administrative regulations in

accordance with KRS Chapter 13A to implement this section.

(3) The Office of the Attorney General shall:

(a) Publish and update the list on an appropriate agency Internet site; and

(b) Distribute to all designees for the administration of the child support program,

a "most wanted" poster that includes names, and photos if available, of

delinquent obligors whose whereabouts are unknown or unverified, or who if

known, refuse to meet their child support obligations. The poster shall be

posted locally by the designee for the administration of the child support

program in public locations.
KRS § 235.315 — KY Code / Title XIX / Chapter 235 / Section 235.315
235.315 Citation for violation committed in presence of officer
Status: in_force

235.315 Citation for violation committed in presence of officer.

If the violation of any section of this chapter or regulation promulgated thereunder is

committed in the presence of the officer, the officer may, in lieu of making a physical

arrest, issue a citation requiring the defendant to appear before the District Court of the

county in which the offense occurred at a future time to be stated in the citation. In no

event shall the citation state a time of appearance in excess of ten (10) days from the date

the citation was issued.
KRS § 426.440 — KY Code / Title XXXIX / Chapter 426 / Section 426.440
426.440 Property levied on but unsold -- Writ authorizing and commanding sale -- Form of -- Proceedings
Status: in_force

426.440 Property levied on but unsold -- Writ authorizing and commanding sale --

Form of -- Proceedings.

(1) When the sheriff or other officer makes a return on an execution that the estate

levied on, or any part thereof, remains in his hands unsold, a writ authorizing and

commanding the sheriff to sell the property may issue.

(2) The writ shall be in substance as follows: "The Commonwealth of Kentucky, to the

sheriff of .... County, greeting: We command you that you expose to sale the estate

of A B to the value of $ ...., which, according to our command, you have taken into

your hands, and which remains in your hands unsold, as you have certified to our ....

court, to satisfy C D, the sum of $ ...., whereof in our said court he had recovered

execution against the said A B, by virtue of a judgment in the said court, and that

you have, and so forth."

(3) Like proceedings shall be had on the writ as might and should have been had on the

first execution. An officer may, at any time after the return day while the original

execution is in his hands, sell any property taken in virtue thereof, provided the levy

was made before the return day.
KRS § 413.2485 — KY Code / Title XXXVI / Chapter 413 / Section 413.2485
413.2485 Action relating to injury to or illness of an adult as a result of a sexual offense
Status: in_force

413.2485 Action relating to injury to or illness of an adult as a result of a

sexual offense.

(1) As used in this section, "injury or illness" means either a physical or

psychological injury or illness.

(2) A civil action for recovery of damages for an injury or illness suffered as a

result of an act or series of acts against a person eighteen (18) years old or

older that meets the criteria of KRS 510.040, 510.050, 510.060, 510.070,

510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 510.150, 529.100

where the offense involves commercial sexual activity, 529.110 where the

offense involves commercial sexual activity, 530.020, 531.090, or 531.100,

shall be brought before whichever of the following periods last expires:

(a) Within five (5) years of the act or the last of a series of acts by the same

perpetrator;

(b) Within five (5) years of the date the victim knew, or should have known, of

the act;

(c) Within five (5) years upon knowledge or identity of the perpetrator; or

(d) Within five (5) years of the conviction of a civil defendant for KRS

510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110,

510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves

commercial sexual activity, 529.110 where the offense involves

commercial sexual activity, 530.020, 531.090, or 531.100.

(3) No prior criminal prosecution or conviction of the civil defendant for the act or

series of acts shall be required to bring a civil action under this section for

redress of an injury or illness.
KRS § 387.848 — KY Code / Title XXXIII / Chapter 387 / Section 387.848
387.848 Effect of registration
Status: in_force

387.848 Effect of registration.

(1) Upon registration of a guardianship or protective order from another state, the

guardian or conservator may exercise in this state all powers authorized in the order

of appointment, except as prohibited under the laws of this state, including

maintaining actions and proceedings in this state and, if the guardian or conservator

is not a resident of this state, subject to any conditions imposed upon nonresident

parties.

(2) A court of this state may grant any relief available under KRS 387.810 to 387.854

and other law of this state to enforce a registered order.
KRS § 415.010 — KY Code / Title XXXVI / Chapter 415 / Section 415.010
415.010 Style of action to repeal charter -- Prosecution
Status: in_force

415.010 Style of action to repeal charter -- Prosecution.

The action to repeal or vacate a charter shall be in the name of the Commonwealth, and

be brought and prosecuted by the Attorney General, or under his sanction and direction by

an attorney for the Commonwealth.
KRS § 367.978 — KY Code / Title XXIX / Chapter 367 / Section 367.978
367.978 Form of disclosures -- Receipts for payments made by cash or money order
Status: in_force

367.978 Form of disclosures -- Receipts for payments made by cash or money

order.

(1) The lessor shall disclose to the consumer the information required by KRS 367.976

to 367.985. In a transaction involving more than one (1) consumer, a lessor shall

disclose only to one (1) of the consumers who are primarily obligated. In a

transaction involving more than one (1) lessor, only one (1) lessor need make the

required disclosures.

(2) The disclosures required under KRS 367.976 to 367.985 shall be made no later than

the time the lessor delivers the merchandise to the consumer, or upon

consummation of the rental-purchase agreement, whichever is earlier.

(3) The disclosures shall be made using words and phrases of common meaning in a

form that the consumer may keep. The disclosures required under KRS 367.977

shall be made a part of the rental-purchase agreement or provided on a separate

form. The required disclosures shall be set forth clearly and conspicuously. The

disclosures shall be placed all together, on the front side of the rental-purchase

agreement or on a separate form. The form setting forth the required disclosures

shall contain spaces for the consumer's signature and the date immediately below

the disclosures. The requirements of this subsection shall not have been complied

with unless the consumer signs the statement and receives at the time disclosures

are made a legible copy of the signed statement. The inclusion in the required

disclosures of a statement that the consumer received a legible copy of those

disclosures shall create a rebuttable presumption of receipt thereof.

(4) Information required to be disclosed may be given in the form of estimates and shall

be identified as such when the lessor does not know the exact information.

(5) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement

after delivery of the required disclosures, the resulting inaccuracy shall not be a

violation of KRS 367.976 to 367.985.

(6) At the lessor's option, information in addition to that required by KRS 367.977 may

be disclosed if the additional information is not stated, utilized, or placed in a

manner which will contradict, obscure, or distract attention from the required

information.

(7) A lessor shall make available a written receipt for each payment made by cash or

money order.
KRS § 45.763 — KY Code / Title VI / Chapter 45 / Section 45.763
45.763 Requirement for General Assembly authorization before state agencies, institutions of higher education, or affiliated corporations enter into certain real property agreements -- General Assembly approval of capital projects using public-private delivery method
Status: in_force

45.763 Requirement for General Assembly authorization before state agencies,

institutions of higher education, or affiliated corporations enter into certain

real property agreements -- General Assembly approval of capital projects

using public-private delivery method.

(1) Notwithstanding any statutory provisions to the contrary, any state agency as

defined in KRS 7A.010, institution of higher education defined as an institution in

KRS 164A.550, or affiliated corporation as defined in KRS 164A.550, shall obtain

authorization from the General Assembly prior to entering into an agreement

identified in subsection (2) of this section. The General Assembly authorization

shall occur only when the General Assembly enacts legislation specifically

authorizing the agreement.

(2) General Assembly authorization shall be required for an agreement for the use,

purchase, or acceptance of real property of any value, or equipment with a value in

excess of four hundred thousand dollars ($400,000), if:

(a) The agreement provides that the state, a state agency, institution of higher

education, or affiliated corporation will become the owner of the real property

or equipment at any time; and

(b) All or any portion of the purchase price of the real property or equipment is

funded through the issuance of a financial instrument which requires payment

of principal and interest over time, including, but not limited to, notes, bonds,

securities, and certificates of participation, regardless of the identity of the

issuer.

(3) For any capital projects authorized by KRS 45A.077 and utilizing the public-private

partnership delivery method, the General Assembly has authorization through the

Capital Projects and Bond Oversight Committee to review and approve a project in

accordance with KRS 45.800. The contracting body shall report a capital project to

the Capital Projects and Bond Oversight Committee after negotiations are complete

with the project partner but prior to beginning work on the project for review and

approval by the committee.
KRS § 508.050 — KY Code / Title L / Chapter 508 / Section 508.050
508.050 Menacing
Status: in_force

508.050 Menacing.

(1) A person is guilty of menacing when he intentionally places another person in

reasonable apprehension of imminent physical injury.

(2) Menacing is a Class B misdemeanor.
KRS § 237.990 — KY Code / Title XIX / Chapter 237 / Section 237.990
237.990 Penalties
Status: in_force

237.990 Penalties.

(1) Any person who violates any of the provisions of KRS 237.030 to 237.050 shall be

guilty of a Class D felony.

(2) Any person who violates any of the provisions of KRS 237.030 to 237.050, and in

so doing uses any destructive device or booby trap device to avoid detection by law

enforcement or other government personnel or to avoid theft or detection by any

other person, of any controlled substance as set forth in KRS Chapter 218A and

held in violation of KRS 218A.140, shall be guilty of a Class C felony.
KRS § 342.1229 — KY Code / Title XXVII / Chapter 342 / Section 342.1229
342.1229 Benefit reserve fund
Status: in_force

342.1229 Benefit reserve fund.

The benefit reserve fund is hereby established within the funding commission, and shall

be administered by the funding commission. All funds in excess of current liabilities of

the special fund and budgeted expenditures shall be deposited in the benefit reserve fund

and invested in compliance with the investment policies formulated by the funding

commission.
KRS § 252.240 — KY Code / Title XXI / Chapter 252 / Section 252.240
252.240 Right of access to premises to enforce law
Status: in_force

252.240 Right of access to premises to enforce law.

For the purposes of KRS 252.180 to 252.240 the Commissioner or his duly authorized

representatives shall have access and egress to any apiary or any premises, buildings or

other place, public or private, in which he has reason to believe that bees, honey, wax,

used hives or used appliances are kept, and any and all persons who shall resist, or hinder

the Commissioner or his duly authorized representative in the discharge of his duties

under the provisions of KRS 252.180 to 252.240 shall be guilty of a violation of KRS

252.180 to 252.240, provided, however, that no occupied dwelling may be entered

without a search warrant.