FrankGoortani/open-us-law huggingface dataset:
KRS § 274.005 — KY Code / Title XXIII / Chapter 274 / Section 274.005
274.005 Definitions for chapter
Status: in_force

274.005 Definitions for chapter.

As used in this chapter, unless the context indicates otherwise:

(1) "Foreign professional service corporation" means a corporation for profit organized

for the purpose of rendering professional services under a law other than the law of

this state;

(2) "Professional service" means any type of personal service to the public which

requires as a condition precedent to the rendering of such service the obtaining of a

license or other legal authorization and which, prior to the passage of this chapter

and by reason of law or a professional code of ethics, could not be performed by a

corporation. The personal services which come within the provisions of this chapter

are the personal services rendered by but not limited to certified public accountants,

public accountants, chiropractors, osteopaths, physicians and surgeons, doctors of

medicine, doctors of dentistry, podiatrists, chiropodists, architects, veterinarians,

optometrists, and attorneys-at-law;

(3) "Professional service corporation" means a corporation organized under this

chapter;

(4) "Qualified person" means a natural person, partnership, limited liability company,

or professional service corporation which is eligible under this chapter to own

shares issued by a professional service corporation; and

(5) "Regulating board" means the governmental agency which is charged by law with

the licensing and regulation of the practice of the profession which the professional

service corporation is organized to render.
KRS § 103.286 — KY Code / Title IX / Chapter 103 / Section 103.286
103.286 Kentucky Private Activity Bond Allocation Committee
Status: reserved

103.286 Kentucky Private Activity Bond Allocation Committee.

(1) The Kentucky Private Activity Bond Allocation Committee is established. The

purpose of the committee shall be to ensure compliance by the Commonwealth, its

political subdivisions, and other authorized issuers within the Commonwealth of

Kentucky, of private activity bonds, as defined in the Internal Revenue Code of the

United States, with the state ceiling on the issuance of the bonds imposed by the

Tax Reform Act of 1986, 26 U.S.C. sec. 146. The committee shall be attached to

the Finance and Administration Cabinet for administrative purposes and staff

services. The committee shall be composed of the secretary of the Finance and

Administration Cabinet, who shall be chairman of the committee; the secretary of

the Cabinet for Economic Development; the state budget director; the state

controller, Finance and Administration Cabinet; and the secretary of the Governor's

Cabinet, or their respective designees.

(2) The committee shall attempt to allocate the state ceiling of Kentucky in order to

best effectuate the issuance of private activity bonds, foster economic development

within the Commonwealth, and promote the general welfare of its citizens and the

public purposes of the Commonwealth.

(a) For each calendar year, during the period in which the issuance of private

activity bonds is authorized by the federal government, the first fifty percent

(50%) of the term shall be designated as a period in which the committee shall

provide that no less than:

1. Sixty percent (60%) of the private activity cap be reserved for state bond

issuance authorities; and

2. Ten percent (10%) of the private activity cap be reserved for

manufacturing facility energy efficiency bonds issued by any issuer

pursuant to KRS 103.282.

(b) For each calendar year, during the period in which the issuance of private

activity bonds is authorized by the federal government, the last fifty percent

(50%) of the term shall be designated by the committee as the period in which

the remaining unallocated cap shall revert to a single pool to be allocated in

accordance with subsection (3) of this section.

(3) The secretary of the Finance and Administration Cabinet shall promulgate

regulations in accordance with KRS Chapter 13A, to provide for the allocation of

the state ceiling on private activity bonds among all issuers of the bonds within the

Commonwealth of Kentucky.

(4) No bonds governed by this section shall be issued that are not in compliance with

the state ceiling, subsection (2)(a) and (b) of this section, or with the allocation,

application, or review procedures established by the secretary of the Finance and

Administration Cabinet.
KRS § 150.0242 — KY Code / Title XII / Chapter 150 / Section 150.0242
150.0242 Department procurements -- Applicability of Executive Branch Code of Ethics -- Administrative regulations
Status: in_force

150.0242 Department procurements -- Applicability of Executive Branch Code of

Ethics -- Administrative regulations.

(1) Notwithstanding any provision of law to the contrary, the department shall conduct

all procurements necessary for the performance of its duties in accordance with the

procurement procedures outlined in KRS Chapter 45A, this chapter, and the

administrative regulations promulgated under this chapter, but the department shall

not be subject to any provision of KRS Chapter 45A that requires the approval of

any Finance and Administration Cabinet official for the department to proceed with

any aspect of the procurement process. Upon approval of the commission, the

commissioner shall be deemed the chief purchasing officer for the purposes of

conducting procurements for the department and shall have all of the authority and

responsibility with regard to the department's procurements as the secretary for the

Finance and Administration Cabinet has for procurements under KRS Chapter 45A.

All department personal service contracts, tax incentive agreements, and

memoranda of agreement shall be subject to review by the Government Contract

Review Committee established by KRS 45A.705.

(2) In its bidding and negotiation processes, the department, upon approval of the

commission, shall perform its own bidding and procurement in accordance with the

procedures established by KRS Chapter 45A.

(3) All members of the commission, the commissioner, and employees of the

department shall be subject to the requirements of the Executive Branch Code of

Ethics established under KRS Chapter 11A.

(4) On or before January 1, 2024, the department shall promulgate administrative

regulations pursuant to KRS Chapter 13A to implement its procedures for the

procurement of engineering services pursuant to this chapter and KRS 45A.800 to

45A.835.
KRS § 186A.005 — KY Code / Title XVI / Chapter 186A / Section 186A.005
186A.005 Definitions for chapter
Status: in_force

186A.005 Definitions for chapter.

As used in this chapter:

(1) "Approved entity" means:

(a) A motor vehicle dealer licensed under KRS Chapter 190 that applies to and is

approved by the Transportation Cabinet to facilitate the title application or

salvage title application process through the electronic title application and

registration system;

(b) A state or federal financial institution chartered under the laws of this state,

any other state, or the United States as a bank insured by the Federal Deposit

Insurance Corporation (FDIC), bank holding company, trust company, credit

union, savings and loan association, or a holding company or service

corporation subsidiary thereof, or any agent of any of the entities listed in this

paragraph;

(c) An owner of a fleet as defined in this section that applies to and is approved

by the Transportation Cabinet to facilitate renewal of registration or

maintenance of permanent registration under KRS 186A.127 through the

electronic title application and registration system; and

(d) A retailer of manufactured homes, mobile homes, or recreational vehicles, as

defined in KRS 227.550, that applies to and is approved by the Transportation

Cabinet to facilitate the title application process through the electronic title

application and registration system;

(2) "Cabinet" means the Transportation Cabinet;

(3) "Electronic title application and registration system" means a system established

under KRS 186A.017 by which title applications, salvage title applications, title lien

statements, other supporting documents, signatures, and fees are input and

transmitted through the title application and registration process in an electronic

format;

(4) "Fleet" means:

(a) A group of at least one hundred fifty (150) U-Drive-It vehicles owned by the

holder of a U-Drive-It certificate; or

(b) A group of at least ten (10) nonapportioned commercial motor vehicles owned

by a company and used for business purposes; and

(5) "Title lien statement" means a document, submitted by a secured party or

authorized agent, to the cabinet through any county clerk's office in the

Commonwealth, to note the security interest on the certificate of title, or to amend

or terminate a security interest on the certificate of title.
KRS § 292.6511 — KY Code / Title XXV / Chapter 292 / Section 292.6511
292.6511 Short title of KRS 292.6501 to 292.6512 -- Construction of KRS 292.6501 to 292.6512
Status: in_force

292.6511 Short title of KRS 292.6501 to 292.6512 -- Construction of KRS 292.6501

to 292.6512.

(1) KRS 292.6501 to 292.6512 shall be known as and may be cited as the Uniform

TOD Security Registration Act.

(2) KRS 292.6501 to 292.6512 shall be liberally construed and applied to promote its

underlying purposes and policy and to make uniform the laws with respect to the

subject of KRS 292.6501 to 292.6512 among states enacting it.

(3) Unless displaced by the particular provisions of KRS 292.6501 to 292.6512, the

principles of law and equity supplement its provisions.
KRS § 531.310 — KY Code / Title L / Chapter 531 / Section 531.310
531.310 Use of a minor in a sexual performance
Status: in_force

531.310 Use of a minor in a sexual performance.

(1) A person is guilty of the use of a minor in a sexual performance if he employs,

consents to, authorizes or induces a minor to engage in a sexual performance.

(2) Use of a minor in a sexual performance is:

(a) A Class C felony if the minor so used is less than eighteen (18) years old at

the time the minor engages in the prohibited activity;

(b) A Class B felony if the minor so used is less than sixteen (16) years old at the

time the minor engages in the prohibited activity; and

(c) A Class A felony if the minor so used incurs physical injury thereby.
KRS § 156.720 — KY Code / Title XIII / Chapter 156 / Section 156.720
156.720 Bylaws, where filed
Status: in_force

156.720 Bylaws, where filed.

Pursuant to Article III(I.) of the compact, the commission established by the compact

shall file a copy of its bylaws and any amendment thereto with the Legislative Research

Commission.
KRS § 56.460 — KY Code / Title VII / Chapter 56 / Section 56.460
56.460 Commission to transfer to cabinet capital outlay appropriation
Status: in_force

56.460 Commission to transfer to cabinet capital outlay appropriation.

The commission shall transfer to the cabinet any appropriation which may be made to it,

to be expended for the purpose of acquiring real estate and for building projects for any

state agency, and for matching federal funds available under 42 U.S.C. ch. 6A, subch. IV

(secs. 291 et seq.) or any other federal law for the purchase, construction, improvement,

or repairing of property to be used for public purposes, whether owned by the

Commonwealth or any agency thereof, or by any political subdivision or municipality, or

by nonprofit corporations or associations. All expenditures shall be made in accordance

with the provisions of this chapter.
KRS § 422.290 — KY Code / Title XXXVIII / Chapter 422 / Section 422.290
422.290 Attendance of Department of Corrections personnel as witnesses in civil suits out of county -- Records provable by copy
Status: in_force

422.290 Attendance of Department of Corrections personnel as witnesses in civil

suits out of county -- Records provable by copy.

(1) No officer or employee of the Department of Corrections shall be required to give

personal attendance as a witness in any civil suit, arising from that person's

employment, out of the county in which his or her official workstation is situated,

but his or her deposition shall be taken in lieu thereof. However, in the court in

which the civil action is pending, if the court finds that the witness is a necessary

witness for trial, the court may order the personal attendance of the witness at trial.

(2) Subject to the approval of the court, the Department of Corrections records which

relate to supervision, custody, or confinement of an offender or which constitute an

offender's medical charts or records that are susceptible to photostatic reproduction

may be proved as to foundation, identity, and authenticity, without any preliminary

testimony, by use of legible and durable copies certified by the employee of the

department charged with the responsibility of being the custodian of the originals

thereof. The certification shall be signed before a notary public by the employee and

shall include the full name of the offender and, for medical charts or records, the

offender's medical record number and the number of pages in the medical record.

The certification shall also include a legend substantially to the following effect:

"The copies of records for which this certification is made are true and complete

reproductions of the original or microfilmed records which are housed at (provide

the office, address, and phone number). The original records were made in the

regular course of business, and it was the regular course of the Department of

Corrections to make the records at or near the time of the matter recorded. This

certification is given by the custodian of the records in lieu of the custodian's

personal appearance."

(3) Nothing in this section shall be construed as a waiver of any privilege the

department may have relating to the records.
KRS § 403.840 — KY Code / Title XXXV / Chapter 403 / Section 403.840
403.840 Appearance of parties and child
Status: in_force

403.840 Appearance of parties and child.

(1) In a child custody proceeding in this state, the court may order a party to the

proceeding who is in this state to appear before the court in person with or without

the child. The court may order any person who is in this state and who has physical

custody or control of the child to appear in person with the child.

(2) If a party to a child custody proceeding whose presence is desired by the court is

outside this state, the court may order that a notice given pursuant to KRS 403.812

include a statement directing the party to appear in person with or without the child

and informing the party that failure to appear may result in a decision adverse to the

party.

(3) The court may enter any order necessary to ensure the safety of the child and of any

person ordered to appear under this section.

(4) If a party to a child custody proceeding who is outside this state is directed to appear

under subsection (2) of this section or desires to appear personally before the court

with or without the child, the court may require another party to pay reasonable and

necessary travel and other expenses of the party so appearing and of the child.
KRS § 141.050 — KY Code / Title XI / Chapter 141 / Section 141.050
141.050 Federal interpretations applicable, when -- Taxpayer record -- Subpoenas -- Forms -- Regulations
Status: in_force

141.050 Federal interpretations applicable, when -- Taxpayer record -- Subpoenas

-- Forms -- Regulations.

(1) Except to the extent required by differences between this chapter and its application

and the federal income tax law and its application, the administrative and judicial

interpretations of the federal income tax law, computations of gross income and

deductions therefrom, accounting methods, and accounting procedures, for purposes

of this chapter shall be as nearly as practicable identical with those required for

federal income tax purposes. Changes to federal income tax law made after the

Internal Revenue Code reference date contained in KRS 141.010 shall not apply for

purposes of this chapter unless adopted by the General Assembly.

(2) Every person subject to the provisions of this chapter shall keep records, render

under oath statements, make returns, and comply with the rules and administrative

regulations as the department from time to time may promulgate. Whenever the

department judges it necessary, it may require a person, by notice served upon him

or her, to make a return, render under oath statements, or keep records, as the

department deems sufficient to show whether or not the person is liable for tax, and

the extent of the liability.

(3) The commissioner or his or her authorized agent or representative, for the purpose

of ascertaining the correctness of any return or for the purposes of making an

estimate of the taxable income of any taxpayers, may require the attendance of the

taxpayer or of any other person having knowledge in the premises.

(4) The department shall promulgate rules and regulations necessary to effectively carry

out the provisions of this chapter.
KRS § 322A.040 — KY Code / Title XXVI / Chapter 322A / Section 322A.040
322A.040 Requirements for registration
Status: in_force

322A.040 Requirements for registration.

(1) In order to qualify for registration, an applicant shall meet all of the following

requirements:

(a) Successful completion of a minimum of thirty (30) semester hours or forty-

five (45) quarter hours of course work in geology, culminating in a

baccalaureate or advanced degree in geology, geophysics, geochemistry, or

geological/geotechnical engineering from an accredited college or university.

At the discretion of the board, courses dealing with applied geological science

that are given under the auspices of an academic department other than

geology may be considered toward the fulfillment of this requirement.

(b) Five (5) years of experience in professional geologic work. Professional

geologic work may include the instruction of geology at the college or

university level, the geological research of persons at the college or university

level, and geological work performed while in the employment of the United

States, state, or local governments. In counting years of experience, the board

may give one (1) year of credit each for a master's degree or doctoral degree in

geology, geophysics, geochemistry, or geological/geotechnical engineering.

(c) A passing score on an examination required by the board that has been

designed to demonstrate that the applicant has the necessary knowledge and

skill to exercise the responsibilities of the public practice of geology.

(d) Enrollment by the board as a geologist-in-training.

(2) Until July 31, 2015, any individual who serves in a geologic position or performs

geologic work for a local or state government in this state may become a registered

geologist under this chapter if the individual submits the proper application to the

board and meets the requirements of subsection (1)(a), (b), and (c) of this section.

(3) Credit toward the experience and education requirements shall be subject to

evaluation and approval by the board.

(4) Documentation of competency and integrity may be required by the board.

(5) Upon application, registration may be provided to those registered or certified as

geologists in another state having standards at least equal to those provided in this

section.
KRS § 80.500 — KY Code / Title IX / Chapter 80 / Section 80.500
80.500 General powers of housing authority
Status: in_force

80.500 General powers of housing authority.

An authority shall constitute a public body corporate and politic, exercising public and

essential governmental functions, and having all the powers necessary or convenient to

carry out and effectuate the purposes and provisions of KRS 80.320 to 80.610, including

the following powers in addition to others herein granted:

(1) To sue and be sued; to have a seal and to alter the same at pleasure; to have

perpetual succession; to make and execute contracts and other instruments

necessary or convenient to the exercise of the powers of the authority; and to make

and from time to time amend and repeal bylaws, rules and regulations, not

inconsistent with KRS 80.320 to 80.610, to carry into effect the powers and

purposes of the authority.

(2) Within its area of operation, to prepare, carry out, acquire, lease and operate

housing; to provide for the construction, reconstruction, improvement, alteration or

repair of any housing project or any part thereof.

(3) To arrange or contract for the furnishing by any person or agency, public or private,

of services, privileges, works, or facilities for, or in connection with, a housing

development or the occupants thereof; and (notwithstanding anything to the

contrary contained in KRS 80.320 to 80.610 or in any other provision of law) to

include in any contract let in connection with a development, stipulations requiring

that the contractor and any subcontractors comply with requirements as to minimum

wages and maximum hours of labor, and comply with any conditions which the

federal government may have attached to its financial aid of the project.

(4) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures

or facilities embraced in any housing project and (subject to the limitations

contained in KRS 80.320 to 80.610) to establish and revise the rents or charges

therefor; to own, hold, and improve real or personal property; to purchase, lease,

obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or

personal property or any interest therein; to acquire by the exercise of the power of

eminent domain or condemnation any real property; to sell, lease, exchange,

transfer, assign, pledge or dispose of any real or personal property or any interest

therein; to insure or provide for the insurance of any real or personal property or

operations of the authority against any risks or hazards.

(5) To invest any funds held in reserves or sinking funds, or any funds not required for

immediate disbursement, in property or securities in which savings banks may

legally invest funds subject to their control; to purchase its bonds at a price not

more than the principal amount thereof and accrued interest, all bonds so purchased

to be canceled.

(6) To exercise all or any part or combination of powers herein granted.
KRS § 42.450 — KY Code / Title VI / Chapter 42 / Section 42.450
42.450 Local Government Economic Assistance Fund -- Sources
Status: in_force

42.450 Local Government Economic Assistance Fund -- Sources.

(1) There is hereby established in the State Treasury a fund entitled "Local Government

Economic Assistance Fund." The fund may receive state appropriations, gifts,

grants, and federal funds and shall be disbursed by the State Treasurer upon the

warrant of the secretary of the Finance and Administration Cabinet. Any unallotted

or unencumbered balances in the fund shall be invested pursuant to KRS 42.500

and the income earned from the investment shall be prorated for expenditure in coal

producing and coal impact counties according to each county's allocable part in the

fund.

(2) Effective July 1, 1981, an amount equal to one-half (1/2) of the tax collected

annually on the sale of minerals, exclusive of coal, shall be transferred from the

general fund into this fund. The transfers shall be made quarterly, based upon the

revenue estimates prevailing at the time each quarterly transfer is due, except that

the last quarterly transfer shall be made after the close of the fiscal year accounting

records, and shall be adjusted to provide the balance of the annual transfer required

by this subsection.

(3) Effective October 1, 2010, the quarterly transfer of funds required by subsection (2)

of this section shall be made only after the quarterly installment of the annual

amount from the prior calendar year allowed as an incentive to an approved

company under KRS 143A.025 and 154.27-060 has been made.