FrankGoortani/open-us-law huggingface dataset:
KRS § 454.060 — KY Code / Title XLII / Chapter 454 / Section 454.060
454.060 Provisions concerning bond required before injunction granted
Status: in_force

454.060 Provisions concerning bond required before injunction granted.

(1) If an injunction be granted to stay proceedings upon a levy made under an

execution, and the party applying for the injunction desire to discharge the levy, he

shall execute a bond to the effect that he will satisfy the execution to the extent to

which the injunction may be dissolved, not exceeding the value of the property

released; and upon the execution of such bond, and the issuing of the injunction, the

levy shall be discharged. If he does not desire to release the levy, he may execute a

bond to the effect that, upon a dissolution of the injunction, in whole or in part, he

will have the property, or its value, forthcoming and subject to the order of the

court; and, upon the execution of such bond, and the issuing of the injunction, the

property levied on shall be delivered to him.

(2) If such injunction extends further than the stay of proceedings upon the levy, the

party shall give such additional bond as the court, judge or officer granting the

injunction may direct.

(3) In all other cases, the court, judge or officer granting the injunction shall, in the

order granting it, fix the amount of the bond to be given, and may prescribe its

terms. If the terms of the bond be not so prescribed, it shall be to the effect that the

party giving it will pay to the party enjoined such damages as he may sustain, if it be

finally decided that the injunction ought not to have been granted.

(4) If the injunction be to stay proceedings upon a judgment, the amount of the bond

shall be sufficient to cover, with other damages, the sum of money for which

judgment was rendered, with five (5) years' interest thereon, and the rent, hire or

value of the use, for two (2) years, of property for which judgment was given; and,

in case of personal property, its value also.
KRS § 136.1802 — KY Code / Title XI / Chapter 136 / Section 136.1802
136.1802 Watercraft assessment and taxation -- Allocation of tax receipts -- Value determination
Status: in_force

136.1802 Watercraft assessment and taxation -- Allocation of tax receipts -- Value

determination.

(1) Notwithstanding KRS 132.486, the watercraft of any corporation operating within

this state, or partly within this state and partly within other states, shall be assessed

by the department as of January 1 each year.

(2) The department shall have the sole power to value and assess all of the corporation's

watercraft.

(3) The department shall bill and collect all ad valorem taxes on watercraft and shall

divide, allocate, and distribute the tax receipts as provided in KRS 136.1804 to each

local taxing district within this state.

(4) The value of the corporation's watercraft shall be apportioned to this state by

multiplying the assessed value by a fraction, the numerator of which shall include:

(a) Ninety percent (90%) of the length of the corporation's Ohio River route that

borders Kentucky;

(b) Fifty percent (50%) of the length of the Mississippi River route that borders

Kentucky;

(c) Fifty percent (50%) of the length of the Big Sandy River route that borders

Kentucky; and

(d) One hundred percent (100%) of the length of all other navigable waterways

within Kentucky;

and the denominator of which shall include the length of all waterway routes

traveled in all states by the corporation during the previous calendar year.
KRS § 220.230 — KY Code / Title XVIII / Chapter 220 / Section 220.230
220.230 Other surveys may be used
Status: in_force

220.230 Other surveys may be used.

If the board of directors finds that any former survey made by any other district or in any

other manner is useful for the purposes of the district, the board may take over the data

secured for such survey, or such other proceedings as may be useful to it, and if required

may pay the reasonable value thereof, which shall not exceed the cost of obtaining the

information independently.
KRS § 178.380 — KY Code / Title XV / Chapter 178 / Section 178.380
178.380 Appeals to Court of Appeals
Status: in_force

178.380 Appeals to Court of Appeals.

Either the county or the railroad company dissatisfied with the final judgment of the

Circuit Court may appeal to the Court of Appeals in accordance with the Rules of Civil

Procedure.
KRS § 511.070 — KY Code / Title L / Chapter 511 / Section 511.070
511.070 Criminal trespass in the second degree
Status: in_force

511.070 Criminal trespass in the second degree.

(1) A person is guilty of criminal trespass in the second degree when he or she

knowingly enters or remains unlawfully in a building or upon premises as to which

notice against trespass is given by fencing or other enclosure.

(2) For the purposes of this section, notice against trespass includes the placement of

identifying purple paint marks on trees or posts on the property if the marks are:

(a) Vertical lines of not less than eight (8) inches in length and not less than one

(1) inch in width;

(b) Placed so that the bottom of the mark is not less than three (3) feet from the

ground nor more than five (5) feet from the ground; and

(c) Placed at locations that are readily visible to any person approaching the

property and no more than:

1. One hundred (100) feet apart on forest land; or

2. One thousand (1,000) feet apart on land other than forest land.

(3) Criminal trespass in the second degree is a Class B misdemeanor, unless the offense

occurs during a declared emergency as defined by KRS 39A.020 arising from a

natural or man-made disaster, within the area covered by the emergency

declaration, and within the area impacted by the disaster, in which case it is a Class

A misdemeanor.
KRS § 189A.240 — KY Code / Title XVI / Chapter 189A / Section 189A.240
189A.240 Judicial review of pretrial license suspension for repeat offender
Status: in_force

189A.240 Judicial review of pretrial license suspension for repeat offender.

In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the

court determines by a preponderance of the evidence that:

(1) The person was charged and arrested by a peace officer with a violation of KRS

189A.010(1)(a), (b), (c), (d), or (e);

(2) The peace officer had reasonable grounds to believe that the person was operating a

motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e);

(3) There is probable cause to believe that the person committed the violation of KRS

189A.010(1)(a), (b), (c), (d), or (e) as charged; and

(4) The person has been convicted of one (1) or more prior offenses as described in

KRS 189A.010(5)(e) or has had his or her motor vehicle operator's license

suspended on one (1) or more occasions for refusing to take an alcohol

concentration or substance test, in the ten (10) year period immediately preceding

his or her arrest;

then the court shall continue to suspend the person's operator's license or privilege to

operate a motor vehicle, but in no event for a period longer than the license suspension

period applicable to the person under KRS 189A.070 and 189A.107. The provisions of

this section shall not be construed as limiting the person's ability to challenge any prior

convictions or license suspensions or refusals.
KRS § 217B.030 — KY Code / Title XVIII / Chapter 217B / Section 217B.030
217B.030 Purpose of chapter
Status: in_force

217B.030 Purpose of chapter.

The purpose of this chapter is to regulate in the public interest, the storage, use, and

application of insecticides, fungicides, herbicides, defoliants, desiccants, plant growth

regulators, nematocides, rodenticides, and any other pesticides and the storage of

fertilizers designated by the department by administrative regulation.
KRS § 309.302 — KY Code / Title XXVI / Chapter 309 / Section 309.302
309.302 Kentucky Board of Interpreters for the Deaf and Hard of Hearing
Status: in_force

309.302 Kentucky Board of Interpreters for the Deaf and Hard of Hearing.

(1) There is hereby created a board to be known as the "Kentucky Board of Interpreters

for the Deaf and Hard of Hearing."

(2) The board shall consist of seven (7) members appointed by the Governor as follows:

(a) Five (5) practicing interpreters who hold current nationally recognized

certification and have at least five (5) years interpreting experience;

(b) One (1) deaf interpreter with past or current nationally recognized

certification; and

(c) One (1) consumer with knowledge about interpreter issues.

(3) After the initial term of each appointment, all members shall be appointed for a

term of four (4) years.

(4) Board members shall not be allowed to succeed themselves but a former member

may be reappointed to the board if that member has not served in the preceding four

(4) years.

(5) The members of the board shall receive no compensation for their services on the

board, but they shall be reimbursed for actual and necessary expenses incurred in

the performance of their official duties.

(6) The board shall annually elect a chairman, a vice chairman, and a secretary-treasurer

from the members of the board.

(7) The board shall hold at least one (1) meeting annually and additional meetings as

the board may deem necessary. The additional meetings may be held upon call of

the chairman or upon written request of a quorum. Four (4) members of the board

shall constitute a quorum to conduct business.

(8) Upon recommendation of the board, the Governor may remove any member of the

board for neglect of duty or malfeasance in office.
KRS § 61.080 — KY Code / Title VIII / Chapter 61 / Section 61.080
61.080 Incompatible offices
Status: in_force

61.080 Incompatible offices.

(1) No person shall, at the same time, be a state officer, a deputy state officer, or a

member of the General Assembly, and an officer of any county, city, consolidated

local government, or other municipality, or an employee thereof.

(2) The offices of justice of the peace, county judge/executive, surveyor, sheriff, deputy

sheriff, coroner, constable, jailer, and clerk or deputy clerk of a court, shall be

incompatible, the one (1) with any of the others. The office of county

judge/executive and county school superintendent are incompatible.

(3) No person shall, at the same time, fill a county office and a municipal office.

Notwithstanding the fact that consolidated local governments have both municipal

and county powers, persons who hold the office of mayor or legislative council

member of a consolidated local government shall not thereby be deemed to hold

both a county office and a municipal office. Officers of consolidated local

governments shall not, at the same time, fill any other county or municipal office.

(4) No person shall, at the same time, fill two (2) municipal offices, either in the same

or different municipalities.

(5) No person shall, at the same time, fill any two (2) appointed offices of special

purpose governmental entities, as defined in KRS 65A.010, that each have the

authority to levy taxes.

(6) No person shall, at the same time, fill any state office and an appointed office of a

special purpose governmental entity that has the authority to levy taxes, unless a

state statute specifically requires a person holding a state office to serve in an

appointed office of a special purpose governmental entity that has the authority to

levy taxes.

(7) The following offices shall be incompatible with any other public office:

(a) Member of the Public Service Commission of Kentucky;

(b) Member of the Workers' Compensation Board;

(c) Commissioner of the fiscal court in counties containing a city of the first

class;

(d) County indexer;

(e) Member of the legislative body of cities of the first class;

(f) Mayor and member of the legislative council of a consolidated local

government; and

(g) Mayor and member of the legislative body in cities of the home rule class.

(8) No office in the Kentucky active militia shall be incompatible with any civil office

in the Commonwealth, either state, county, district, or city.

(9) Service as a volunteer firefighter in a volunteer fire department district or fire

protection district formed pursuant to KRS Chapter 65, 75, 95, or 273 shall not be

incompatible with any civil office in the Commonwealth, whether state, county,

district, or city.
KRS § 405.405 — KY Code / Title XXXV / Chapter 405 / Section 405.405
405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530
Status: in_force

405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530.

The definitions provided in KRS 15.800 shall be applicable to KRS 405.430 to 405.530,

unless the context requires otherwise.
KRS § 7A.210 — KY Code / Title II / Chapter 7A / Section 7A.210
7A.210 Definitions for KRS 7A.200 to 7A.260
Status: in_force

7A.210 Definitions for KRS 7A.200 to 7A.260.

As used in KRS 7A.200 to 7A.260, unless the context requires otherwise:

(1) "Board" means the Public Pension Oversight Board;

(2) "State-administered retirement systems" means:

(a) The State Police Retirement System as provided by KRS 16.505 to 16.652;

(b) The Kentucky Employees Retirement System as provided by KRS 61.510 to

61.705;

(c) The County Employees Retirement System as provided by KRS 78.510 to

78.852;

(d) The Legislators' Retirement Plan as provided by KRS 6.500 to 6.577;

(e) The Judicial Retirement Plan as provided by KRS 21.345 to 21.580; and

(f) The Kentucky Teachers' Retirement System as provided by KRS 161.220 to

161.716; and

(3) "State agency" means any department, commission, council, board, bureau,

committee, institution, legislative body, agency, government corporation, or other

entity of the executive, judicial, or legislative branch of the state government.
KRS § 160.476 — KY Code / Title XIII / Chapter 160 / Section 160.476
160.476 School building fund taxes -- Investment -- Expenditures -- Audit
Status: in_force

160.476 School building fund taxes -- Investment -- Expenditures -- Audit.

(1) The board of education of any district may, in addition to other taxes for school

purposes, levy not less than four cents ($0.04) nor more than twenty cents ($0.20)

on each one hundred dollars ($100) valuation of property subject to local taxation,

to provide a special fund for the purchase of sites for school buildings and physical

education and athletic facilities, for the erection and complete equipping of school

buildings and physical education and athletic facilities, and for the major alteration,

enlargement and complete equipping of existing buildings and physical education

and athletic facilities, provided, however, that such tax shall come within the

maximum school tax levy provided by KRS 160.470. In addition to or in lieu of this

special tax, any board of education may pay into this special fund at the close of any

fiscal year the proceeds from the sale of land or property no longer needed for

school purposes and all or any balances remaining in the general fund over and

above the amount necessary for discharging obligations for the fiscal year in full.

(2) The special fund provided for herein shall be kept in a separate account designated

as "school building fund." The fund shall be kept in a depository selected by the

board of education, or invested in bonds of the United States, of this state, or county

or municipality in this state, provided, however, that such investments shall be

approved by the Kentucky Board of Education.

(3) All expenditures from such fund shall be made solely for the purposes enumerated

herein and shall be made in accordance with the school laws of the state at such

times as the board of education determines. The board of education shall cause to be

made annually an audit of the building fund by a certified public accountant or by

an accountant approved by the State Department of Education.

(4) Notwithstanding the provisions of any other subsection of this section to the

contrary, for the 1966 tax year and for all subsequent years no district board of

education shall levy a tax at a rate under the provisions of this section which

exceeds the compensating tax rate as defined in KRS 132.010. The chief state

school officer shall certify the compensating tax rate to the district board of

education.
KRS § 344.625 — KY Code / Title XXVII / Chapter 344 / Section 344.625
344.625 Probable cause determination -- Issuance of charge
Status: in_force

344.625 Probable cause determination -- Issuance of charge.

(1) The commission shall determine, based on the facts, whether probable cause exists

to believe that a discriminatory housing practice made unlawful under this chapter

has occurred or is about to occur.

(2) The commission shall make the determination under subsection (1) of this section

not later than the one hundredth day after the date a complaint is filed unless:

(a) It is impracticable to make the determination; or

(b) The commission has approved a conciliation agreement relating to the

discriminatory housing complaint.

(3) If it is impracticable to make the determination within the time period provided by

subsection (2) of this section, the commission shall notify the complainant and

respondent in writing of the reasons for the delay.

(4) If the commission determines that probable cause exists to believe that a

discriminatory housing practice has occurred or is about to occur, the commission

shall, except as provided in subsection (6) of this section, immediately issue a

charge on behalf of the aggrieved person for further proceeding under KRS

344.635.

(5) The charge:

(a) Shall consist of a concise statement of the facts upon which the commission

has found probable cause to believe that a discriminatory housing practice has

occurred or is about to occur;

(b) Shall be based on the final investigative report; and

(c) Need not be limited to the facts or grounds alleged in the complaint filed

under KRS 344.600.

(6) If the commission determines that the matter involves the legality of any state or

local zoning or other land use law or ordinance, the commission shall follow the

procedures described in KRS 344.665.

(7) If the commission determines that no probable cause exists to believe that a

discriminatory housing practice has occurred or is about to occur, the commission

shall promptly dismiss the complaint. The commission shall make public disclosure

of each dismissal at the request of the respondent.

(8) The commission may not issue a charge under this section regarding an alleged

discriminatory housing practice after the beginning of the trial of a civil action

commenced by the aggrieved party under a federal or state law seeking relief with

respect to that discriminatory housing practice.
KRS § 61.110 — KY Code / Title VIII / Chapter 61 / Section 61.110
61.110 State officers at capital may retain residence in home district
Status: in_force

61.110 State officers at capital may retain residence in home district.

State officers who are required, in the discharge of their duties, to remain at the state

capital more than three (3) months in each year, may, with their families, temporarily

reside at the state capital for any space of time during the term for which they were

elected or appointed, without changing or losing their legal and permanent residence in

the district and precinct in which they resided at the time of their temporary removal.

Such officers and their families shall for all purposes be regarded as residents of the

precinct and district from which they removed. In all cases it shall be necessary for the

officer so intending to temporarily remove to file and cause to be recorded, in the clerk's

office of the county judge/executive of the county of his residence and in the clerk's office

of the county judge/executive of Franklin County, a statement of such intention.
KRS § 131.170 — KY Code / Title XI / Chapter 131 / Section 131.170
131.170 Extension of time for filing reports and returns
Status: in_force

131.170 Extension of time for filing reports and returns.

The Department of Revenue may, when extension is not otherwise provided for, grant a

reasonable extension of time for filing reports or returns whenever, in its judgment, good

cause therefor exists. The department shall keep a record of such extensions. Except

where a taxpayer is abroad, no extension shall be granted for more than six (6) months,

and in no case for more than one (1) year. If any extension operates to postpone a tax

payment, interest at the tax interest rate as defined in KRS 131.010(6) shall be collected.

The department may condition the extension upon a bond sufficient to cover any tax and

penalty determined to be due. The department may, on request, permit a person to file a

tax return or report or pay tax on a date other than that prescribed by statute, or to change

the fiscal period covered by such return or report, if the variation will not ultimately effect

a reduction in revenue.
KRS § 205.6483 — KY Code / Title XVII / Chapter 205 / Section 205.6483
205.6483 Kentucky Children's Health Insurance Program -- Purposes
Status: in_force

205.6483 Kentucky Children's Health Insurance Program -- Purposes.

There is hereby created within the Cabinet for Health and Family Services the Kentucky

Children's Health Insurance Program (KCHIP) for the purposes of:

(1) Providing health care coverage and other coordinated services to children through

the age of eighteen (18) years at or below two hundred percent (200%) of the

federal poverty level and who are not otherwise eligible for health insurance

coverage through either expansions of Medicaid services under Title XIX of the

Federal Social Security Act and through the provision of a separate health insurance

program under Title XXI of the Federal Social Security Act, or a combination of

Medicaid program expansions and use of a separate health insurance program; and

(2) Providing Medicaid coverage for children between the ages of fourteen (14) and

eighteen (18) years up to one hundred percent (100%) of the federal poverty level.
KRS § 197.035 — KY Code / Title XVII / Chapter 197 / Section 197.035
197.035 Computation of consecutive or concurrent sentence
Status: in_force

197.035 Computation of consecutive or concurrent sentence.

(1) A sentence, on conviction of a felony, imposed upon a confined prisoner for a crime

committed prior to the date of his instant commitment, if designated to be served

consecutively, shall be added to the sentence or sentences being served.

(2) If the additional sentence is designated to be served concurrently, or the

commitment is silent, he shall be considered as having started to serve said sentence

on the day he was committed on the first sentence.
KRS § 57.091 — KY Code / Title VII / Chapter 57 / Section 57.091
57.091 Contracts approved by Governor
Status: in_force

57.091 Contracts approved by Governor.

All work under the provisions of KRS 57.011 shall be performed under contract, to be

awarded to the lowest responsible bidder, provided, however, that approval by the

Governor shall be required for each award of contract. One (1) or more contracts may be

awarded for each class of printing. The number of contracts required shall be as

determined by the Finance and Administration Cabinet to be in the best interest of the

Commonwealth. The determination of content for each award and the period thereof shall

be made by the secretary of the Finance and Administration Cabinet. No contract shall be

awarded to a member of the General Assembly or to any officer of the Commonwealth

who is in any way interested in any such contract.