FrankGoortani/open-us-law huggingface dataset:
KRS § 100.303 — KY Code / Title IX / Chapter 100 / Section 100.303
100.303 Construction permits required
Status: in_force

100.303 Construction permits required.

For the purpose of preserving the integrity of the official map of the city or county, no

permit shall be issued for the construction or material alteration of any building within the

lines of any streets, including right-of-way, watercourse, parks and playgrounds, public

schools, or other public building sites shown on the official map, except as provided in

this section. The official map of a city may include the area outside the city limits over

which the approval of subdivision plats is required. Any persons desiring to construct or

materially alter a building in the lines of any proposed facility shown on the official map

shall apply to the administrative official of the city or county for a building permit. Unless

such application is made and the permit is granted, no person shall recover any damages

for the taking for public use of any structure or improvement constructed within the lines

shown on the map, and any such structure or improvement shall be removed at the

expense of the owner when the land is acquired for public use.
KRS § 249.102 — KY Code / Title XXI / Chapter 249 / Section 249.102
249.102 Authority to issue permit for shipment of injurious plant pests
Status: in_force

249.102 Authority to issue permit for shipment of injurious plant pests.

When application is made, the state entomologist may issue a permit for shipment into or

within the Commonwealth of injurious plant pests for research or diagnostic purposes.
KRS § 367.395 — KY Code / Title XXIX / Chapter 367 / Section 367.395
367.395 Definitions
Status: in_force

367.395 Definitions.

As used in KRS 367.397 to 367.407, unless the context requires otherwise:

(1) "Club" means any buying club or vacation club.

(2) "Contract" means any oral or written agreement by which one becomes a member of

a club.

(3) "Buying club" means any person, corporation, unincorporated association, or other

organization which for a consideration provides or purports to provide its members

or the members of any other buying club with the ability to purchase goods or

services at discount prices; except that such organization shall not include any

buying club in which persons receive discount buying services incidentally as part

of a package of services provided to, or available to, such individuals on account of

membership in such organization which is not organized for the profit of any person

or corporation or which does not have as one of its primary purposes or businesses

the provision of discount buying services.

(4) "Member" or "membership" means a status by which any natural person is entitled

to any of the benefits of a club.

(5) "Prepayment" means any payment for service or merchandise made before the

service is rendered or the merchandise is received. It is not a prepayment if a

payment for service is made on the same day the service is rendered. Money

received by a club from a financial institution upon assignment of a contract shall

be considered prepayment when and to the extent the member is required to make

prepayments to the financial institution pursuant to the contract.

(6) "Vacation club" means any person, corporation, unincorporated association, or other

organization which for a consideration provides or purports to provide its members

or the members of any other vacation club with any vacation, vacation plan, or

services connected with the scheduling of a vacation at discount prices.
KRS § 227.460 — KY Code / Title XIX / Chapter 227 / Section 227.460
227.460 Application of KRS 227.450 to 227.500
Status: in_force

227.460 Application of KRS 227.450 to 227.500.

(1) KRS 227.450 to 227.500 shall not apply to installations under the exclusive control

of electric utilities for the purpose of communication, metering, or for the

generation, control, transformation, transmission, and distribution of electric energy

located in buildings used exclusively by utilities for such purposes or located

outdoors on property owned or leased by the utility or on public highways, streets or

roads, or outdoors by established rights on private property.

(2) Notwithstanding any other provision of this chapter, for electrical work not related

to buildings for human occupancy performed between the service disconnect and a

facility owned or operated by an electric utility by or on behalf of the Kentucky

Transportation Cabinet by prequalified electrical contractors within the public right-

of-way, the electrical contractor shall have the option of having the electrical

inspection conducted by an electrical inspector:

(a) Appointed by a local government under KRS 227.480; or

(b) Approved by the Kentucky Transportation Cabinet.
KRS § 382.240 — KY Code / Title XXXII / Chapter 382 / Section 382.240
382.240 Delivery of recorded instruments -- Destruction of unclaimed instruments
Status: in_force

382.240 Delivery of recorded instruments -- Destruction of unclaimed instruments.

Each instrument that is recorded shall be delivered to the party entitled thereto. The

county clerk shall require prepayment of postage and a three dollar ($3) reimbursement

for delivery of said instruments at the time they are left for record in his office. If the

county clerk is unable to locate the parties entitled thereto, he shall retain the instruments

for at least one (1) year. The clerk may then destroy the instruments.
KRS § 15.610 — KY Code / Title III / Chapter 15 / Section 15.610
15.610 Primary jurisdiction
Status: in_force

15.610 Primary jurisdiction.

(1) No inspecting agency shall conduct an inspection or employ a standard relating to a

condition over which another inspecting agency or the federal government has

primary jurisdiction, except under an agreement with the entity having primary

jurisdiction, or an order of the Attorney General, adopted under KRS 15.605 to

15.635.

(2) If a question of primary jurisdiction over a condition involves two or more

governmental agencies, the agencies shall attempt to determine which of the

agencies has primary jurisdiction over the condition under existing law. If the

inspecting agencies cannot determine which agency has primary jurisdiction, they

shall immediately refer the question to the Attorney General, who shall determine,

based upon existing law, which of the agencies has primary jurisdiction.
KRS § 97.590 — KY Code / Title IX / Chapter 97 / Section 97.590
97.590 Tax levy -- Requirement of public referendum -- Disbursements -- Exception
Status: in_force

97.590 Tax levy -- Requirement of public referendum -- Disbursements --

Exception.

(1) For the purpose of purchasing and maintaining public parks within the jurisdictional

limits, cities of any class, counties, charter counties, and urban-county governments

may levy taxes not exceeding five cents ($0.05) on each one hundred dollars ($100)

of all taxable property within the corporate limits, subject only to the aggregate

limits on property taxes set forth in the Kentucky Constitution, but not subject to the

recall provisions of KRS 132.017. No city, county, charter county, or urban-county

government shall levy the tax until a public referendum has been conducted in

accordance with the provisions of KRS 83A.120 in the case of a city, county, or

charter county or in accordance with the provisions of KRS 67A.160 in the case of

an urban-county government and has been adopted by the city's, county's, charter

county's, or urban-county government's voters. The public referendum provisions in

this section shall not apply to any city, county, charter county, or urban-county

government that has in effect on July 15, 1998, a tax for park purposes in

accordance with this section or KRS 97.550.

(2) The funds derived from the levy shall be held by the treasurer of the city or the

treasurer of the county in a separate and distinct fund designated the "Park Fund."

The funds shall be paid out by the treasurer only upon order issued by the park

board signed by the secretary and countersigned by the president after the bill for

the withdrawal has been approved by the board, unless a park board has not been

appointed under KRS 97.550 to 97.600, in which case the funds shall be

appropriated by the city legislative body, the fiscal court, or the legislative body of

the charter county government or urban-county government for purposes consistent

with the levy. The treasurer shall not honor in any one (1) year orders for a greater

sum than the amount apportioned and levied for that year for park and playground

purposes.
KRS § 100.324 — KY Code / Title IX / Chapter 100 / Section 100.324
100.324 Public utility facilities excepted -- Review of proposed acquisition, disposition, or change by commission
Status: in_force

100.324 Public utility facilities excepted -- Review of proposed acquisition,

disposition, or change by commission.

(1) All other provisions of this chapter to the contrary notwithstanding, public utilities

operating under the jurisdiction of the Public Service Commission, except as

specified in KRS 100.987, or the Department of Vehicle Regulation or Federal

Energy Regulatory Commission, any municipally owned electric system, and

common carriers by rail shall not be required to receive the approval of the planning

unit for the location or relocation of any of their service facilities. Service facilities

include all facilities of such utilities and common carriers by rail other than office

space, garage space, and warehouse space and include office space, garage space,

and warehouse space when such space is incidental to a service facility. The Public

Service Commission and the Department of Vehicle Regulation shall give notice to

the planning commission of any planning unit of any hearing which affects

locations or relocations of service facilities within that planning unit's jurisdiction.

(2) The nonservice facilities excluded in subsection (1) of this section must be in

accordance with the zoning regulations.

(3) Upon the request of the planning commission, the public utilities referred to in this

section shall provide the planning commission of the planning unit affected with

information concerning service facilities which have been located on and relocated

on private property.

(4) Any proposal for acquisition or disposition of land for public facilities, or changes

in the character, location, or extent of structures or land for public facilities,

excluding state and federal highways and public utilities and common carriers by

rail mentioned in this section, shall be referred to the commission to be reviewed in

light of its agreement with the comprehensive plan, and the commission shall,

within sixty (60) days from the date of its receipt, review the project and advise the

referring body whether the project is in accordance with the comprehensive plan. If

it disapproves of the project, it shall state the reasons for disapproval in writing and

make suggestions for changes which will, in its opinion, better accomplish the

objectives of the comprehensive plan. No permit required for construction or

occupancy of such public facilities shall be issued until the expiration of the sixty

(60) day period or until the planning commission issues its report, whichever occurs

first.
KRS § 44.055 — KY Code / Title VI / Chapter 44 / Section 44.055
44.055 Insuring state vehicles -- Blanket liability policy -- Effect on sovereign immunity -- Eligibility of insurers
Status: in_force

44.055 Insuring state vehicles -- Blanket liability policy -- Effect on sovereign

immunity -- Eligibility of insurers.

(1) Any state agency, as defined in KRS Chapter 12, may in its discretion, for the

protection of the public and its employees, expend state funds to purchase

policies of insurance of all kinds deemed advisable covering vehicles, including

boats, owned by the state and operated by state employees when in the

conduct of official business. The executive director of insurance, upon

recommendation of the secretary of the Finance and Administration Cabinet,

shall initiate and be responsible for the purchase of a blanket liability insurance

policy to cover the officers and employees of the several state agencies and

shall determine, by administrative regulation, the policy limits that shall be

applicable to the persons covered in each such affected agency not to exceed

the limit prescribed in KRS 49.040.

(2) Nothing contained in this section shall be construed to be a waiver of sovereign

immunity and claims against the Commonwealth, its agencies, officers,

employees, or insurers may be asserted only in the manner set forth in KRS

49.040 to 49.180.

(3) Policies authorized by this section shall be purchased only from insurers

authorized to do business in this state and shall be countersigned by a licensed

resident agent.
KRS § 177.550 — KY Code / Title XV / Chapter 177 / Section 177.550
177.550 Transfer of turnpike to highway system after retirement of bonds
Status: in_force

177.550 Transfer of turnpike to highway system after retirement of bonds.

Except as hereinafter provided in this section, when all bonds issued under KRS 177.390

to 177.570 in connection with any turnpike project or projects and the interest thereon

shall have been paid or a sufficient amount for the payment of all such bonds and the

interest thereon to the maturity thereof shall have been set aside in trust for the benefit of

the bondholders, such project or projects, if then in good condition and repair, shall

become part of the state highway system and shall thereafter be maintained by the

department free of tolls; provided, however, the department may, in any proceedings or

trust agreement authorizing or securing bonds under the provisions of KRS 177.390 to

177.570, provide for combining for financing purposes any two (2) or more turnpike

projects theretofore constructed or thereafter to be constructed, and for the reimposition

or continuance of tolls on each such turnpike project until all such bonds and the interest

thereon shall have been paid or a sufficient amount for such purposes shall have been set

aside in trust for the benefit of the bondholders.
KRS § 151B.021 — KY Code / Title XII / Chapter 151B / Section 151B.021
151B.021 Criminal background checks required for specified employees and contract staff
Status: in_force

151B.021 Criminal background checks required for specified employees and

contract staff.

(1) The Education and Labor Cabinet shall require a national and state criminal

background check for every prospective and current employee of the cabinet or

its agencies, including contract staff, with access to or use of federal tax

information. The criminal background investigation shall include a fingerprint

check by the Department of Kentucky State Police and Federal Bureau of

Investigation, pursuant to the following requirements:

(a) The cabinet shall require each employee with access to or use of federal

tax information to submit a complete and legible set of fingerprints to the

Department of Kentucky State Police on a fingerprint card issued by the

Federal Bureau of Investigation;

(b) The Department of Kentucky State Police shall submit the fingerprint card

to the Federal Bureau of Investigation for a national criminal background

check after a state criminal background check is conducted;

(c) The results of a national and state criminal background check shall not be

distributed or otherwise released by the cabinet, except that the cabinet:

1. Shall provide an employee the results of his or her national and

state criminal background check upon request; and

2. May introduce the results, under seal, as evidence in a legal

proceeding that involves a challenge to any personnel action taken

by the cabinet based in whole or in part on information contained in

the results; and

(d) Any fee charged by the Department of Kentucky State Police or for the

Federal Bureau of Investigation background check shall be an amount no

greater than the actual cost of processing the request and conducting the

background check.

(2) The cabinet or its agencies shall promulgate administrative regulations in

accordance with this section and KRS Chapter 13A to implement this section.
KRS § 630.125 — KY Code / Title LI / Chapter 630 / Section 630.125
630.125 Child not to be charged with or found guilty of status offense related to human trafficking
Status: in_force

630.125 Child not to be charged with or found guilty of status offense related to

human trafficking.

If reasonable cause exists to believe the child is a victim of human trafficking, as defined

in KRS 529.010, the child shall not be charged with or adjudicated guilty of a status

offense related to conduct arising from the human trafficking of the child unless it is

determined at a later time that the child was not a victim of human trafficking at the time

of the offense.
KRS § 434.860 — KY Code / Title XL / Chapter 434 / Section 434.860
434.860 Venue
Status: in_force

434.860 Venue.

For the purpose of venue under the provisions of KRS 434.845, 434.850, 434.851,

434.853, or 434.855, any violation of KRS 434.845, 434.850, 434.851, 434.853, or

434.855 shall be considered to have been committed: in any county in which any act was

performed in furtherance of any transaction violating KRS 434.845, 434.850, 434.851,

434.853, or 434.855; in any county in which any violator had control or possession of any

proceeds of said violation or of any books, records, documents, property, financial

instrument, computer software, computer program or other material, objects, or items

which were used in furtherance of said violation; and in any county from which, to which

or through which any access to a computer, computer system, or computer network was

made whether by wires, electromagnetic waves, microwaves, or any other means of

communication.
KRS § 45.810 — KY Code / Title VI / Chapter 45 / Section 45.810
45.810 Procedure for review of proposed bond issue -- Annual report to committee
Status: in_force

45.810 Procedure for review of proposed bond issue -- Annual report to committee.

(1) Any state agency authorized to issue bonds shall, prior to the issuance of any bonds,

submit the proposed bond issue to the Capital Projects and Bond Oversight

Committee, at least fourteen (14) days prior to the committee meeting, for review

and recommendation. The Turnpike Authority shall be exempt from this review.

(2) The Capital Projects and Bond Oversight Committee shall require documentation of

the following:

(a) That the proposed bond project or subsequent use of bond funds is in

compliance with all applicable regulatory or statutory provisions;

(b) That the debt service fund source has been identified and approved by all

applicable authorities as provided by statute; and

(c) That the bond issue, if supported by appropriation, is consistent with the

branch budget bill.

(3) If the committee does not recommend a proposed project for the use of bond

proceeds as provided in subsection (1) of this section, the project shall be referred

to the secretary of the Finance and Administration Cabinet, who shall:

(a) Revise the project in consideration of the committee's objections; or

(b) Cancel the project or the use of bond proceeds for the project; or

(c) Determine to proceed with the project.

(4) The decision of the secretary of the Finance and Administration Cabinet with

respect to the project or the bond funding for the project shall be transmitted to the

committee within thirty (30) days.

(5) Any changes in the bond project after review and approval by the committee shall

be transmitted to the next regularly scheduled meeting of the committee.

(6) The bonding authorities designated in subsection (1) of this section shall submit an

annual report to the committee at the end of each fiscal year, which shall include:

(a) The principal amount of the bonds outstanding at the beginning of the fiscal

year;

(b) The amount of any bonds issued during the fiscal year;

(c) All payments of principal, interest, trustee fees, and any other fees, during the

fiscal year; and

(d) The principal balance of bonds outstanding at the end of the fiscal year.
KRS § 278.2209 — KY Code / Title XXIV / Chapter 278 / Section 278.2209
278.2209 Documentation regarding cost allocation
Status: in_force

278.2209 Documentation regarding cost allocation.

In any formal commission proceeding in which cost allocation is at issue, a utility shall

provide sufficient information to document that its cost allocation procedures and affiliate

transaction pricing are consistent with the provisions of this chapter.
KRS § 520.080 — KY Code / Title L / Chapter 520 / Section 520.080
520.080 Bail jumping in the second degree
Status: in_force

520.080 Bail jumping in the second degree.

(1) A person is guilty of bail jumping in the second degree when, having been released

from custody by court order, with or without bail, upon condition that he will

subsequently appear at a specified time and place in connection with a charge of

having committed a misdemeanor, he intentionally fails to appear at that time and

place.

(2) In any prosecution for bail jumping, the defendant may prove in exculpation that his

failure to appear was unavoidable and due to circumstances beyond his control.

(3) Bail jumping in the second degree is a Class A misdemeanor.
KRS § 201.140 — KY Code / Title XVII / Chapter 201 / Section 201.140
201.140 Parole officers -- Powers and duties
Status: in_force

201.140 Parole officers -- Powers and duties.

(1) The board may, with the approval of the county judge/executive, appoint, to serve at

the pleasure of the board, one (1) or more persons, of more than twenty-one (21)

years of age, as parole officers. The parole officers shall apprehend or arrest, and

take into custody wherever found in this state children who escape from the home,

and return them to the home. Parole officers shall also, under the direction of the

board, convey children of the home to any point in the state, and perform such other

duties as the board requires of them. Such officers shall also have the general

powers of peace officers.

(2) In making the apprehension or arrest of such escaped child, in any county other than

that in which the home is located, the parole officer shall first secure a writ or

process issued by the District Judge of the county wherein the home is located

authorizing the parole officer to make such apprehension or arrest and to return the

escaped child to the home, and this writ or process shall be the parole officer's

authority in the premises.
KRS § 421.030 — KY Code / Title XXXVIII / Chapter 421 / Section 421.030
421.030 Nonresident witness -- When expenses allowed
Status: in_force

421.030 Nonresident witness -- When expenses allowed.

A Commonwealth's witness in a felony case who resides in another state shall be allowed

his necessary expenses in addition to the per diem, but no such allowance shall be made

unless the judge of the court has made an order based upon the personal knowledge of the

Circuit Judge or upon information showing that the testimony of the witness is material to

the state, requiring the attendance of the witness. The expense and per diem shall be

allowed by the Circuit Court and certified to the circuit clerk for payment.