FrankGoortani/open-us-law huggingface dataset:
KRS § 227.235 — KY Code / Title XIX / Chapter 227 / Section 227.235
227.235 Deputy fire marshals appointed as fire investigators -- Training required for certification by Kentucky Law Enforcement Council -- Peace officer powers -- Prohibited acts
Status: in_force

227.235 Deputy fire marshals appointed as fire investigators -- Training required

for certification by Kentucky Law Enforcement Council -- Peace officer

powers -- Prohibited acts.

(1) A deputy fire marshal appointed to be a fire investigator and to exercise peace

officer powers shall take an oath to faithfully perform the duties of his or her office,

shall affirm that he or she possesses the minimum qualifications under KRS 15.382,

and shall undergo a basic training course approved by the Kentucky Law

Enforcement Council.

(2) The employing agency of the deputy fire marshal shall pay for the training required

for certification by the Kentucky Law Enforcement Council.

(3) Upon the Kentucky Law Enforcement Council's verification that the required

standards have been met, a fire investigator shall have peace officer powers to

investigate crimes set out in KRS Chapter 513 and other crimes discovered in the

course of investigation.

(4) A fire investigator shall not:

(a) Patrol the roads, streets, or highways;

(b) Issue traffic citations; or

(c) Perform general law enforcement duties outside of investigating crimes set out

in KRS Chapter 513 and other crimes discovered in the course of

investigation.

(5) All fire investigators appointed to exercise peace officer powers under KRS

227.220 that are appointed on or after January 1, 2019, shall, within one (1) year of

their appointment or employment, successfully complete a basic training course as

established by KRS 15.440 at a school certified or recognized by the Kentucky Law

Enforcement Council.

(6) All fire investigators specified in subsection (5) of this section shall, upon

completion of the basic training required, successfully complete forty (40) hours of

annual in-service training as established by KRS 15.440(1)(e) that has been certified

or recognized by the Kentucky Law Enforcement Council.

(7) All fire investigators appointed or employed before January 1, 2019, shall

successfully complete forty (40) hours of annual in-service training as established

by KRS 15.440(1)(e) that has been certified or recognized by the Kentucky Law

Enforcement Council.

(8) In the event of extenuating circumstances beyond the control of the fire investigator

such as injury, illness, or personal tragedy which prevents the fire investigator from

completing the basic or in-service training within the time specified in this section,

the officer shall complete the training within one (1) year after return to duty. Any

fire investigator who fails to successfully complete the basic or in-service training

within the specified time period shall not be authorized thereafter to carry deadly

weapons or make arrests and may be removed from an appointment as a fire

investigator.
KRS § 171.570 — KY Code / Title XIV / Chapter 171 / Section 171.570
171.570 Extension of agency retention period
Status: in_force

171.570 Extension of agency retention period.

The department may empower any state or local agency, upon the submission of evidence

of the need therefor, to retain records for a longer period than that specified in any

approved disposal schedule, or by law but the agency shall report all such actions to the

commission at its next meeting for approval or disapproval.
KRS § 334A.060 — KY Code / Title XXVI / Chapter 334A / Section 334A.060
334A.060 Licensure without examination
Status: in_force

334A.060 Licensure without examination.

(1) The board may waive the examination and grant a license to applicants who present

proof of current licensure in a state which has standards that are at least equivalent

to those of this state.

(2) The board may waive the examination and grant a license to those who hold the

Certificate of Clinical Competence of the American Speech and Hearing

Association in the area for which they are applying for licensure.
KRS § 27A.302 — KY Code / Title IV / Chapter 27A / Section 27A.302
27A.302 New or updated software to allow redesignation as misdemeanor if felony case concludes with only misdemeanor conviction
Status: in_force

27A.302 New or updated software to allow redesignation as misdemeanor if felony

case concludes with only misdemeanor conviction.

The Administrative Office of the Courts shall require that any updates to or replacements

of the centralized criminal history record information system established by this chapter

or any case management software utilized in the offices of the Commonwealth's circuit

clerks have the capability for those felony cases that reach final disposition with a

conviction for a misdemeanor only to be redesignated with the same type of case

designators as those used for cases that are initiated as misdemeanor cases.
KRS § 211.867 — KY Code / Title XVIII / Chapter 211 / Section 211.867
211.867 Acceptance of donations -- Trust and agency fund
Status: in_force

211.867 Acceptance of donations -- Trust and agency fund.

The cabinet may accept donations of money, equipment, supplies, materials, and services

from any person for accomplishing the purposes of KRS 211.861 to 211.869. Any

donation of money shall be deposited into the State Treasury and credited to a trust and

agency fund to be used by the cabinet in carrying out the provisions of KRS 211.861 to

211.869 and shall be expended by the cabinet only in accordance with the purposes of the

donation.
KRS § 341.4167 — KY Code / Title XXVII / Chapter 341 / Section 341.4167
341.4167 Revocation of approved plan -- Annual review of approved plan operation
Status: in_force

341.4167 Revocation of approved plan -- Annual review of approved plan

operation.

(1) For purposes of this section, "good cause" includes but is not limited to:

(a) Failure to comply with the assurances given in the plan;

(b) Unreasonable revision of productivity standards for the affected group;

(c) Conduct or occurrences tending to defeat the intent and effective operation of

the plan; and

(d) Violation of any criteria on which approval of the plan was based.

(2) The secretary may revoke approval of a plan:

(a) For good cause; and

(b) By issuing a revocation order, in writing, that specifies the date the revocation

is effective and the reasons for the revocation.

(3) The secretary may issue a revocation at any time upon his or her own motion or on

motion of any of the affected group's employees.

(4) The secretary shall review the operation of each approved employer plan at least

once during the twelve (12) month period that the plan is in effect to ensure its

compliance with the requirements of KRS 341.4161 to 341.4173.

(5) Revocation of a plan for good cause by the secretary shall preclude approval of any

subsequent plan submitted by the revoked plan employer during the twelve (12)

month period beginning on the date of the revocation order.
KRS § 381.200 — KY Code / Title XXXII / Chapter 381 / Section 381.200
381.200 Deeds construed to include buildings and appurtenances -- Solar easements
Status: in_force

381.200 Deeds construed to include buildings and appurtenances -- Solar

easements.

(1) Every deed, unless an exception is made therein, shall be construed to include all

buildings, privileges and appurtenances of every kind attached to the lands therein

conveyed.

(2) A solar easement may be obtained for the purpose of ensuring access to direct

sunlight. Such easement shall be created in writing and shall be an interest in real

property that may be acquired and transferred and shall be subject to the same

recording and conveyancing requirements, except that a solar easement shall not be

acquired by prescription.
KRS § 149.090 — KY Code / Title XII / Chapter 149 / Section 149.090
149.090 Arrests -- No trespass actions -- Summoning help and equipment
Status: in_force

149.090 Arrests -- No trespass actions -- Summoning help and equipment.

(1) A forest warden, for violation of laws for the protection of the forest of the state,

has the following arrest powers:

(a) With a warrant;

(b) Without a warrant any person he observes committing a misdemeanor or a

felony; and

(c) Without a warrant when he has reasonable grounds to believe that the person

being arrested has committed a felony. No action for trespass shall lie against

any forest warden, or person summoned by him, for crossing or working upon

lands of another in connection with his duties as forest warden.

(2) A forest warden may summon any resident of the state over eighteen (18) years of

age who is physically able to assist in extinguishing forest fires. Inability or failure

to pay such persons does not bar the authority of the warden to summon them.

(3) A forest warden may require the use of horses, automobiles, tools and other

equipment needed in extinguishing fires. Owners of said required equipment and

materials shall receive reasonable compensation therefor, as determined by the

forest warden. In case of disagreement upon the terms of compensation, the dispute

shall be referred to the secretary for energy and environment, who shall make the

final decision.
KRS § 157.623 — KY Code / Title XIII / Chapter 157 / Section 157.623
157.623 Funding urgent and critical construction needs -- Proceeds of litigation or insurance to be used for reimbursement
Status: in_force

157.623 Funding urgent and critical construction needs -- Proceeds of litigation or

insurance to be used for reimbursement.

(1) Notwithstanding KRS 157.620 and any provision included in an enacted executive

branch budget, urgent and critical construction needs shall be determined by the

Department of Education. The department shall provide a funding allocation to a

school district for a school that has been closed to the public because it is

structurally unsound as determined by a certified engineer, or is otherwise

uninhabitable as determined by the commissioner of education, and has a bond that

has not been retired. The commissioner of education shall determine if a school

qualifying under this subsection shall receive an allocation and shall determine

which of the following options is in the best interest of the Commonwealth:

(a) To allot funding to the school district to retire the unpaid debt on the

structurally unsound or uninhabitable building; or

(b) To provide the semi-annual debt service payments on the current issue.

(2) If funds are not available for the purpose set out in subsection (1) of this section, the

costs shall be deemed a necessary government expense and shall be paid from the

general fund surplus account under KRS 48.700 or the budget reserve trust fund

under KRS 48.705.

(3) If a school district receives an allotment under subsection (1) of this section and

subsequently, as the result of litigation or insurance, receives funds for the original

facility, the school district shall reimburse the Commonwealth an amount equal to

that received pursuant to subsection (1) of this section. If the litigation or insurance

receipts are less than the amount received pursuant to subsection (1) of this section,

the district shall reimburse the Commonwealth an amount equal to that received as

a result of litigation or insurance less the district's costs and legal fees in securing

the judgment or payment. Any funds received in this manner shall be deposited in

the budget reserve trust fund account established in KRS 48.705.
KRS § 262.779 — KY Code / Title XXI / Chapter 262 / Section 262.779
262.779 Annual assessments made, how -- Lien
Status: in_force

262.779 Annual assessments made, how -- Lien.

The annual assessments shall be made by the board of directors at the same time and in

the same manner as provided in KRS 262.765 for taxes generally and shall be collected as

provided in KRS 262.770. The assessments shall constitute liens against the land

benefited and shall attach to the land, taking precedence over all other liens except state,

county and municipal taxes and prior improvement assessments.
KRS § 142.406 — KY Code / Title XI / Chapter 142 / Section 142.406
142.406 Tourism, meeting, and convention marketing fund -- Creation and fund sources -- Authorized investments -- Use of funds -- Annual report to Legislative Research Commission and to Governor
Status: in_force

142.406 Tourism, meeting, and convention marketing fund -- Creation and fund

sources -- Authorized investments -- Use of funds -- Annual report to

Legislative Research Commission and to Governor.

(1) There is hereby created and established in the State Treasury a trust and agency

account to be known as the tourism, meeting, and convention marketing fund. The

fund shall be administered by the Tourism, Arts and Heritage Cabinet, with the

approval of the Governor's Office for Policy and Management.

(2) All tax receipts from the tax imposed under KRS 142.400 shall be deposited into

the tourism, meeting, and convention marketing fund, and shall be appropriated for

the purposes set forth in subsection (3) of this section. The fund shall also contain

any other money contributed, allocated, or appropriated to it from any other source.

Money in the fund shall be invested by the Finance and Administration Cabinet in

instruments authorized under KRS 42.500. Investment proceeds shall be deposited

to the credit of the fund. Money in the fund shall not lapse but shall be carried

forward to the next fiscal year or biennium.

(3) The tourism, meeting, and convention marketing fund shall be used for the sole

purpose of marketing and promoting tourism in the Commonwealth including

expenditures to market and promote events and venues related to meetings,

conventions, trade shows, cultural activities, historical sites, recreation,

entertainment, natural phenomena, areas of scenic beauty, craft marketing, and any

other economic activity that brings tourists and visitors to the Commonwealth.

Marketing and promoting tourism shall not include expenditures on capital

construction projects.

(4) By September 1 of each year, the secretary of the Tourism, Arts and Heritage

Cabinet shall report to the Governor and the Legislative Research Commission

concerning the receipts, expenditures, and carryforwards of the fund for the

preceding fiscal year.
KRS § 161.390 — KY Code / Title XIII / Chapter 161 / Section 161.390
161.390 Actuarial data to be kept
Status: in_force

161.390 Actuarial data to be kept.

The board of trustees shall keep in convenient form the data necessary for the actuarial

valuation of the various funds of the retirement system and for determining the

administrative costs of the system.
KRS § 211.470 — KY Code / Title XVIII / Chapter 211 / Section 211.470
211.470 Definitions for KRS 211.470 to 211.478
Status: in_force

211.470 Definitions for KRS 211.470 to 211.478.

As used in KRS 211.470 to 211.478:

(1) "Board" means the Traumatic Brain Injury Trust Fund Board created pursuant to

KRS 211.472;

(2) "Cabinet" means the Cabinet for Health and Family Services;

(3) "Traumatic brain injury" means a partial or total disability caused by injury to the

central nervous system from physical trauma, damage to the central nervous system

from anoxia, hypoxic episodes, allergic conditions, toxic substances, or other acute

medical clinical incidents resulting in impaired cognitive abilities or impaired

physical functioning. "Traumatic brain injury" does not include:

(a) Strokes that can be treated in nursing facilities providing routine rehabilitation

services;

(b) Spinal cord injuries for which there are no known or obvious injuries to the

intracranial central nervous system;

(c) Progressive dementias and other mentally impairing conditions;

(d) Depression and psychiatric disorders in which there is no known or obvious

central nervous system damage;

(e) An intellectual disability and birth defect related disorders of long standing

nature; or

(f) Neurological degenerative, metabolic, and other medical conditions of a

chronic, degenerative nature; and

(4) "Trust fund" means the traumatic brain injury trust fund created pursuant to KRS

211.476.
KRS § 99.590 — KY Code / Title IX / Chapter 99 / Section 99.590
99.590 Powers conferred by KRS 99.520 to 99.590 supplemental
Status: in_force

99.590 Powers conferred by KRS 99.520 to 99.590 supplemental.

The powers conferred by KRS 99.520 to 99.590 shall be in addition and supplemental to

the powers conferred by any other law.
KRS § 161.5461 — KY Code / Title XIII / Chapter 161 / Section 161.5461
161.5461 Purchase of service credit with rolled-over or transferred retirement funds
Status: in_force

161.5461 Purchase of service credit with rolled-over or transferred retirement

funds.

(1) Any active contributing member may purchase service credit as authorized under

KRS Chapter 161 by rolling over funds from a previous plan to the extent that

rollovers are permitted by the rules set forth in the Internal Revenue Code. The

rollovers may be made directly from a previous qualified plan or through a conduit

individual retirement account as permitted by the rules set forth in the Internal

Revenue Code.

(2) Any active contributing member may purchase service credit as authorized under

KRS Chapter 161 by transferring funds directly from a retirement plan maintained

by the Commonwealth of Kentucky to the extent that transfers are permitted by the

rules set forth in the Internal Revenue Code.

(3) The amount of any transfer or rollover purchase as permitted under subsections (1)

and (2) of this section, excluding that portion credited to the medical insurance fund

under KRS 161.420(5), shall be credited to the individual member's account and

shall be considered accumulated contributions of the member.
KRS § 242.270 — KY Code / Title XX / Chapter 242 / Section 242.270
242.270 C.O.D. shipments of alcoholic beverages in dry territory prohibited -- Same prohibition on C.O.D. shipments to any moist territory unless sale of alcoholic beverages specifically authorized under limited local option election -- Immunity for common carriers -- Absolute defense
Status: in_force

242.270 C.O.D. shipments of alcoholic beverages in dry territory prohibited --

Same prohibition on C.O.D. shipments to any moist territory unless sale of

alcoholic beverages specifically authorized under limited local option election -

- Immunity for common carriers -- Absolute defense.

(1) No person shall sell or deliver any alcoholic beverages that are to be paid for on

delivery, in dry territory.

(2) Such transactions shall be deemed sales at the place where the money is paid or the

goods delivered.

(3) This section shall also apply to the sale or delivery of any alcoholic beverages that

are to be paid for on delivery in moist territory unless the sale of the alcoholic

beverage in question has been specifically authorized in that moist territory under a

limited local option election.

(4) No properly licensed common carrier or any of its employees acting on behalf of a

consignor shall be liable for a violation of this section.

(5) Proof that the purchaser represented in writing that the delivery address is located in

wet territory shall be an absolute defense to a violation of this section on behalf of a

retailer, winery, small farm winery, or distillery in connection with the delivery or

shipment of alcoholic beverages purchased at retail.
KRS § 425.111 — KY Code / Title XXXIX / Chapter 425 / Section 425.111
425.111 Plaintiff's bond
Status: in_force

425.111 Plaintiff's bond.

(1) The judicial officer shall not issue a temporary restraining order or a writ of

possession until the plaintiff has filed with the court a written bond that, if the

plaintiff fails to recover judgment in the action, the plaintiff shall return the property

to the defendant, if return thereof be ordered, and shall pay all costs that may be

awarded to the defendant and all damages referred to in subsection (2), not

exceeding the amount of the bond. The bond shall be executed by one (1) or more

sufficient sureties in an amount not less than twice the value of the property as

determined by the judicial officer. This subsection may be satisfied by the posting

of a cash bond.

(2) The damages referred to in subsection (1) are all damages sustained by the

defendant which are proximately caused by operation of the temporary restraining

order and preliminary injunction, if any, the levy of the writ of possession, and the

loss of possession of the property pursuant to levy of the writ of possession or in

compliance with an order issued under KRS 425.036.
KRS § 118.385 — KY Code / Title X / Chapter 118 / Section 118.385
118.385 Preservation of certain voting records
Status: in_force

118.385 Preservation of certain voting records.

(1) The Secretary of State and county clerks shall preserve in their respective offices all

certificates and petitions of nomination filed therein, for six (6) months after the

election for which the nominations were made.

(2) Each county clerk and the Secretary of State shall retain and preserve, for a period

of twenty-two (22) months from the date of any primary or general or special

election at which candidates for the office of presidential elector or member of the

United States Senate or House of Representatives are voted for, and only for the

precincts in which any such office appears on the ballot all records and papers

relative to the voter returns for all the offices voted for in those precincts.
KRS § 117A.140 — KY Code / Title X / Chapter 117A / Section 117A.140
117A.140 Electronic mail address -- Standing request for electronic delivery
Status: in_force

117A.140 Electronic mail address -- Standing request for electronic delivery.

(1) The local election official shall request an electronic mail address from each

covered voter who applies to register to vote after July 1, 2014. An electronic mail

address provided by any voter may not be made available to the public or any

individual or organization other than an authorized agent of the local election

official and is exempt from disclosure under the Kentucky Open Records Act, KRS

61.870 to 61.884. The address may be used only for official communication with

the voter about the voting process, including transmitting military-overseas ballots

and election materials if the voter has requested electronic transmission, and

verifying the voter's mailing address and physical location. The request for an

electronic mail address shall describe the purposes for which the electronic mail

address may be used and include a statement that any other use or disclosure of the

electronic mail address is prohibited.

(2) A covered voter who provides an electronic mail address may request that the

voter's application for a military-overseas ballot be considered a standing request for

electronic delivery of a ballot for all elections held after the date of the application

through the next regular election or December 31 of the year of the application,

whichever is later, or another shorter period the voter specifies. An election official

shall provide a military-overseas ballot to a voter who makes a standing request for

each election to which the request is applicable. A covered voter who is entitled to

receive a military-overseas ballot for a primary under this subsection is entitled to

receive a military-overseas ballot for the regular election.
KRS § 132.488 — KY Code / Title XI / Chapter 132 / Section 132.488
132.488 Centralized ad valorem tax system for motorboats -- Access to records
Status: in_force

132.488 Centralized ad valorem tax system for motorboats -- Access to records.

(1) The assessment of all motorboats as defined in KRS 235.010 shall be administered

in the same manner and according to the same procedures provided for motor

vehicles in KRS 132.487.

(2) The Energy and Environment Cabinet shall provide access to all records of

motorboat registrations as necessary to prepare and maintain a complete tax roll of

motorboats throughout each year.