FrankGoortani/open-us-law huggingface dataset:
KRS § 237.154 — KY Code / Title XIX / Chapter 237 / Section 237.154
237.154 Attorney General to enforce and investigate alleged violations -- Duties -- Defense -- Exclusive remedies
Status: in_force

237.154 Attorney General to enforce and investigate alleged violations -- Duties --

Defense -- Exclusive remedies.

(1) As used in this section, the following have the same meaning as in KRS 237.150:

(a) "Firearm"; and

(b) "Firearms retailer."

(2) (a) The Attorney General shall have the sole authority to enforce, and shall

investigate, any alleged violation of KRS 237.150 or 237.152.

(b) The following may petition the Attorney General to investigate an alleged

violation under paragraph (a) of this subsection:

1. A firearms retailer, or a customer who made a transaction at a firearms

retailer, whose business is the subject of any alleged violation of KRS

237.150; and

2. A person whose firearms ownership is the subject of any alleged

violation of KRS 237.152

(3) (a) 1. Upon finding a violation of KRS 237.150 or 237.152, the Attorney

General shall provide written notice of the finding to the violating

person, public or private.

2. Written notice to a commercial entity under subparagraph 1. of this

paragraph shall be made to the entity's registered agent.

(b) Within thirty (30) days of receiving a written notice under paragraph (a) of

this subsection, the person shall cease any violation of KRS 237.150 or

237.152.

(4) (a) The Attorney General shall pursue, in a court of competent jurisdiction, an

injunction against any person, public or private, that fails to comply with

subsection (3)(b) of this section.

(b) If the court finds that a person continues to be in violation of KRS 237.150 or

237.152, the court shall issue an injunction enjoining the person from

continuing the violation.

(c) Within thirty (30) days of being served with an injunction issued under

paragraph (b) of this subsection, the person shall cease any violation of KRS

237.150 or 237.152.

(d) 1. If a person knowingly and willfully fails to comply with paragraph (c) of

this subsection, the Attorney General shall petition the court to recover

on behalf of the state:

a. A civil penalty not to exceed ten thousand dollars ($10,000) per

violation of paragraph (c) of this subsection; and

b. The reasonable costs of investigation and litigation.

2. In assessing a civil penalty under subparagraph 1.a. of this paragraph,

the court shall consider, but not be limited to the following factors:

a. The financial resources of the violator; and

b. The harm or risk of harm to rights to keep and bear arms under:

i. The Second Amendment of the United States Constitution;

and

ii. Section 1 of the Constitution of Kentucky.

3. Any order assessing one (1) or more penalties under subparagraph 1. of

this paragraph shall be stayed pending appeal of the order.

(5) It shall be a defense to any alleged violation of KRS 237.150 or 237.152 that the

person made a good-faith determination that the person's action was required by

law.

(6) The remedies set forth in this section shall be the exclusive remedies for any

violation of KRS 237.150 or 237.152.
KRS § 186.061 — KY Code / Title XVI / Chapter 186 / Section 186.061
186.061 Motor vehicles owned by nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit
Status: in_force

186.061 Motor vehicles owned by nonprofit volunteer fire department, volunteer

fire prevention unit, or volunteer fire protection unit.

(1) Applications for registration of motor vehicles owned exclusively by any nonprofit

volunteer fire department, volunteer fire prevention unit, or volunteer fire protection

unit shall be accompanied by a statement from the chief or assistant chief of the

volunteer fire department or unit that owns the motor vehicle, certifying that the

motor vehicle is exclusively owned and operated by the volunteer fire department or

unit. The application and statement shall be forwarded by the county clerk to the

cabinet, which shall give special authority to the clerk to register it. Upon receiving

that authority, the clerk shall issue a registration receipt and the official number

plate described in KRS 186.240(6), and report the registration to the head of the

cabinet authorizing the registration. For his services in issuing such certificate of

registration and number plate and reporting the same, the county clerk shall be

entitled to a fee of three dollars ($3) in each instance, to be paid by the volunteer

fire department or unit.

(2) After registration of any vehicle owned exclusively by any nonprofit volunteer fire

department, volunteer fire prevention unit, or volunteer fire protection unit and after

issuance of a number plate for the vehicle so owned, no subsequent registration or

renewal of same, and no subsequent renewal of a number plate of the vehicle shall

be necessary so long as the vehicle is owned exclusively by the volunteer fire

department or unit except in the case of loss or destruction of the license plate. In

the event of loss or destruction, the number plate shall be replaced in the same

manner as if no plate had ever been issued.

(3) When a motor vehicle owned exclusively by any nonprofit volunteer fire

department, volunteer fire prevention unit, or volunteer fire protection unit is

transferred or sold to another nonprofit volunteer fire department, volunteer fire

prevention unit, or volunteer fire protection unit or another governmental unit a new

license plate shall be issued for the vehicle in the same manner as provided for in

subsection (1) of this section and shall have the same effect as given to such license

plates in subsection (2) of this section.

(4) No person shall use on a motor vehicle, not exclusively owned by any nonprofit

volunteer fire department, volunteer fire prevention unit, or volunteer fire protection

unit, any license plate that has been issued for use on a motor vehicle owned by a

volunteer fire department or unit.
KRS § 103.260 — KY Code / Title IX / Chapter 103 / Section 103.260
103.260 Application of revenue -- Charges for use
Status: in_force

103.260 Application of revenue -- Charges for use.

(1) At or before the issuance of bonds the city legislative body or the fiscal court of the

county, as the case may be, shall, by ordinance or resolution, set aside and pledge

the income and revenue of the industrial building into a separate and special fund to

be used and applied in payment of the cost thereof and in the maintenance,

operation and depreciation thereof. The ordinance or resolution shall definitely fix

and determine the amount of revenue necessary to be set apart and applied to the

payment of principal and interest of the bonds, and the proportion (if any) of the

balance of the income and revenue to be set aside as a proper and adequate

depreciation account, and the remaining proportion of such balance shall be set

aside for the reasonable and proper operation and maintenance of the industrial

building.

(2) The rents to be charged for the use of the building shall be fixed and revised from

time to time so as to be sufficient to provide for payment of interest upon all bonds

and to create a sinking fund to pay the principal thereof when due, and to provide

for the operation and maintenance of the building and an adequate depreciation

account, if any depreciation account has been established.
KRS § 219.051 — KY Code / Title XVIII / Chapter 219 / Section 219.051
219.051 Enforcement of fire and safety regulations
Status: in_force

219.051 Enforcement of fire and safety regulations.

The state fire marshal or his duly authorized agents or representatives shall administer

and enforce all state fire regulations, laws, standards of safety, and regulations adopted by

the commissioner of housing, buildings and construction relating to hotels and food

service establishments.
KRS § 440.030 — KY Code / Title XL / Chapter 440 / Section 440.030
440.030 Escape of person from custody -- Warrant for capture
Status: in_force

440.030 Escape of person from custody -- Warrant for capture.

If any person in custody under an execution, on mesne or final process, by any order of a

judge or on a charge of crime escapes, any judge, upon complaint and affidavit made of

the fact, shall issue as many warrants for his capture directed to all peace officers as he

deems necessary. The cause of the person's original commitment shall be mentioned in

the warrant, and it shall command all peace officers to capture the prisoner and forthwith

to convey and commit him to the prison of the county from which he escaped, to be safely

kept there, without bail, until discharged by due course of law. The warrant, with the

proper endorsement thereon, shall be returned by the proper officer to the clerk of the

court having jurisdiction of the cause for which the prisoner was in custody.
KRS § 403.120 — KY Code / Title XXXV / Chapter 403 / Section 403.120
403.120 Marriage -- Court may declare invalid
Status: in_force

403.120 Marriage -- Court may declare invalid.

(1) The Circuit Court shall enter its decree declaring the invalidity of a marriage

entered into under the following circumstances:

(a) A party lacked capacity to consent to the marriage at the time the marriage

was solemnized, either because of mental incapacity or deformity or because

of the influence of alcohol, drugs, or other incapacitating substances, or a

party was induced to enter into a marriage by force or duress, or by fraud

involving the essentials of marriage;

(b) A party lacks the physical capacity to consummate the marriage by sexual

intercourse, and the other party did not at the time the marriage was

solemnized know of the incapacity;

(c) The marriage is prohibited.

(2) A declaration of invalidity under paragraph (a), (b) or (c) of subsection (1) may be

sought by any of the following persons and must be commenced within the times

specified, but only for the causes set out in paragraph (a) may a declaration of

invalidity be sought after the death of either party to the marriage:

(a) For a reason set forth in paragraphs (a) and (b) of subsection (1), by party or

by the legal representative of the party who lacked capacity to consent, who

was the offended party or did not know of the incapacity, no later than 90 days

after the petitioner obtained knowledge of the described condition;

(b) For the reason set forth in paragraph (c) of subsection (1), by either party, no

later than one (1) year after the petitioner obtained knowledge of the described

condition.
KRS § 212.710 — KY Code / Title XVIII / Chapter 212 / Section 212.710
212.710 State aid for city-county department
Status: in_force

212.710 State aid for city-county department.

Any city-county department of health established under KRS 212.350 or 212.640 shall be

entitled to the same state aid as is provided for county and district health departments

under KRS 212.120, upon notice of the establishment of the department being given to

the Cabinet for Health and Family Services as provided in KRS 212.120.
KRS § 143A.990 — KY Code / Title XI / Chapter 143A / Section 143A.990
143A.990 Civil penalties for violation of chapter
Status: in_force

143A.990 Civil penalties for violation of chapter.

Any person who violates any of the provisions of this chapter shall be subject to the

uniform civil penalties imposed pursuant to KRS 131.180.
KRS § 173.090 — KY Code / Title XIV / Chapter 173 / Section 173.090
173.090 City may guarantee library bonds
Status: in_force

173.090 City may guarantee library bonds.

(1) If bonds are issued as provided in KRS 173.030 to 173.100, the city in which the

library is located may, by ordinance, guarantee the bonds, either as to principal or

interest or both.

(2) When the ordinance guaranteeing the bonds is enacted by the city, the bonds shall

be indorsed "guaranteed" and the name of the city attached and the guarantee shall

be signed by the mayor and attested by the director of finance, and stamped with the

proper seal of the city.
KRS § 309.448 — KY Code / Title XXVI / Chapter 309 / Section 309.448
309.448 Sanctions for misconduct -- Board's powers -- Appeals
Status: in_force

309.448 Sanctions for misconduct -- Board's powers -- Appeals.

(1) Subject to an administrative hearing conducted in accordance with KRS Chapter

13B, the board may revoke, suspend, or restrict the registration of a registrant,

refuse to issue or renew registration, reprimand, censure, place on probation, or

impose a fine not to exceed one thousand dollars ($1,000) per occurrence on a

certified person or business entity who:

(a) Has been convicted of a felony under the laws of the Commonwealth of any

crime that involves theft or dishonesty, or is a sex crime as defined by KRS

17.500;

(b) Has had disciplinary action taken against a professional license, certification,

registration, or permit held by the person or business entity seeking

registration;

(c) Engaged in fraud or deceit in obtaining certification or registration;

(d) Attempts to transfer the authority granted by the registration to another person

or business entity;

(e) Disregards or violates the building codes, electrical codes, or related laws of

this Commonwealth or ordinances of any city, county, urban-county

government, consolidated local government, charter county government, or

unified local government;

(f) Aids or abets any person attempting to evade the provisions of KRS 309.430

to 309.454 or the administrative regulations promulgated by the board;

(g) Uses unfair or deceptive trade practices; or

(h) Knowingly violates any of the provisions of KRS 309.430 to 309.454 or any

administrative regulation promulgated by the board.

(2) If an application for registration or renewal of registration is denied, the person or

business entity seeking registration shall not conduct radon measurement,

mitigation, or laboratory analysis within the Commonwealth of Kentucky.

(3) Notwithstanding the existence or pursuit of any other civil or criminal remedy, the

board may institute proceedings in the Circuit Court of the county where the person

resides or the business entity is located for an order enjoining the person or business

entity from engaging or attempting to engage in activities that violate any provisions

of KRS 309.430 to 309.454 or any administrative regulation promulgated by the

board.

(4) Any final order of the board may be appealed to the Circuit Court of the county in

which the person resides or the business entity is located after a written decision is

rendered in accordance with KRS Chapter 13B.
KRS § 280.210 — KY Code / Title XXIV / Chapter 280 / Section 280.210
280.210 Condemnation of land for ferry purposes
Status: in_force

280.210 Condemnation of land for ferry purposes.

(1) If any applicant for a ferry privilege owns or has the right to use the land proposed

as the site of the ferry only on one (1) side of the stream, and the landing on the

opposite side is not at an established public highway, the applicant may, pursuant to

the Eminent Domain Act of Kentucky, condemn the necessary right-of-way, not

more than forty (40) feet wide, for the use of the ferry.

(2) Any person having an established ferry on any river in this state may have

condemned, for a period of twenty (20) years or permanently, at his option, not

more than one-half (1/2) acre of land adjacent to the ferry for any purpose necessary

for the use of the ferry pursuant to the Eminent Domain Act of Kentucky.
KRS § 194A.704 — KY Code / Title XVII / Chapter 194A / Section 194A.704
194A.704 Assisted living community license to replace personal care home license if in compliance with KRS 194A.703
Status: in_force

194A.704 Assisted living community license to replace personal care home license if

in compliance with KRS 194A.703.

(1) A licensed personal care home in substantial compliance with KRS 194A.703 shall

be licensed as an assisted living community as of July 14, 2022. The cabinet shall

issue an assisted living community license to the facility to replace its personal care

license. If the personal care home has a secured dementia care unit, the replacement

license shall be an assisted living community with dementia care license.

(2) A licensed personal care home that does not comply with KRS 194A.703 on July

14, 2022, may file an application with the cabinet to change its license from

personal care home to assisted living community or assisted living community with

dementia care:

(a) Within twelve (12) months after July 14, 2022, once it complies with the

physical plant requirements of an assisted living community as of July 14,

2022; or

(b) After twelve (12) months of July 14, 2022, once it complies with the physical

plant requirements of an assisted living community in effect at the time of its

application.
KRS § 175.640 — KY Code / Title XV / Chapter 175 / Section 175.640
175.640 Legislative findings
Status: in_force

175.640 Legislative findings.

The General Assembly of the Commonwealth of Kentucky determines as a legislative

finding of fact that the economy of the Commonwealth is, to a major degree, dependent

upon the severance and production of coal, which is the most abundant and valuable

mineral resource of Kentucky; that there is a serious shortage of transportation facilities

for the transportation of coal from mines to market; that many of the roads, bridges and

highways situated in the coal-producing areas of the Commonwealth are obsolete and

inadequate for the uses to which they are subjected, and have, in many cases deteriorated

to the point where their use is hazardous and represents a potential threat to the safety and

welfare of the traveling public; and that the shortage of modern, heavy-duty road systems

in such areas is seriously retarding the continued economic growth of the

Commonwealth. The General Assembly of the Commonwealth of Kentucky further

determines as a legislative finding of fact that the construction and financing of resource

recovery roads through the Turnpike Authority of Kentucky utilizing coal severance tax

allocations for the amortization of resource recovery road revenue bonds issued to

provide funds to construct such roads will preserve and enhance the economic viability of

the Commonwealth, will protect and enhance the safety, health, convenience and general

welfare of the traveling public, and will therefore constitute the performance of essential

governmental and public purposes.
KRS § 21.560 — KY Code / Title IV / Chapter 21 / Section 21.560
21.560 Investments -- Legislative retirement fund
Status: in_force

21.560 Investments -- Legislative retirement fund.

The members of the board of trustees of the Judicial Form Retirement System who are

appointed by the President of the Senate and the Speaker of the House of Representatives,

singly or jointly, together with the members of the board who are appointed by the

Governor, shall constitute an investment committee for the Legislators' Retirement Plan,

and as such shall have all the powers and duties with respect to the legislators' retirement

fund as are given by KRS 21.440(1) and 21.550 to the investment committee of the

Judicial Retirement Plan with respect to the judicial retirement fund. The committee

provided for by this section may, with the concurrence of the investment committee for

the Judicial Retirement Plan, arrange for the legislators' retirement fund and the judicial

retirement fund to constitute a common fund for investment purposes only, to be under

the management of the investment committee for the Judicial Retirement Plan, each fund

sharing in the common fund in proportion to the value of its assets contributed to the

common fund.
KRS § 281.592 — KY Code / Title XXIV / Chapter 281 / Section 281.592
281.592 Motor carrier transportation contracts -- When against public policy and void and unenforceable
Status: in_force

281.592 Motor carrier transportation contracts -- When against public policy and

void and unenforceable.

(1) As used in this section:

(a) "Motor carrier transportation contract" means a contract, agreement, or

understanding covering:

1. The transportation of property for compensation or hire by a motor

carrier;

2. The entrance on property by a motor carrier for the purpose of loading,

unloading, or transporting property for compensation or hire; or

3. A service incidental to activity described in subparagraph 1. or 2. of this

paragraph, including but not limited to storage of property; and

(b) "Promisee" means a person with whom a motor carrier enters into a motor

carrier transportation contract and any agents, employees, servants, or

independent contractors who are directly responsible to that person.

"Promisee" does not include the motor carrier party to a motor carrier

transportation contract with the promisee, and the motor carrier's agents,

employees, servants, or independent contractors directly responsible to the

motor carrier.

(2) A provision, clause, covenant, or agreement contained in, collateral to, or affecting

a motor carrier transportation contract that purports to indemnify, defend, or hold

the promisee harmless, or has the effect of indemnifying, defending, or holding the

promisee harmless, or requires a motor carrier to procure liability insurance

covering the acts or omissions or both of the promisee, from or against any liability

for loss or damage resulting from the negligence or intentional acts or omissions of

the promisee, is against public policy and is void and unenforceable.

(3) This section shall not apply to the Uniform Intermodal Interchange and Facilities

Access Agreement administered by the Intermodal Association of North America or

other agreements providing for the interchange, use, or possession of intermodal

chassis or other intermodal equipment.
KRS § 103.245 — KY Code / Title IX / Chapter 103 / Section 103.245
103.245 Definition of "building" and "industrial building" -- Acquisition procedure
Status: in_force

103.245 Definition of "building" and "industrial building" -- Acquisition

procedure.

(1) For purposes of the exercise of the power of eminent domain, "building" or

"industrial building" shall be deemed to include only the following: coal

conversion facilities, hospitals, primary medical centers, health care clinics,

convention centers, or any industrial building as defined in KRS 103.200, which is

to be located in a blighted area as defined in KRS 99.010(1)(a), or any of these

things, to be rented or leased to a domestic or foreign corporation by the Kentucky

Economic Development Finance Authority, the city or the county by which it is

acquired.

(2) An industrial building within the meaning of subsection (1) of this section may be

acquired by a city or a county by purchase, gift, or condemnation. Whenever a city

or a county shall determine that land or other property, right of way, or easement

over or through any property is needed by such city or county, as the case may be, to

accomplish the purposes of KRS 103.210 to 103.285, inclusive, it may by ordinance

or resolution authorize the purchase or condemnation, in the name of such city or

county, of said land or other property, or right of way or easement necessary for

such purposes, and may proceed to condemn and acquire such property in the

manner set forth in the Eminent Domain Act of Kentucky. All property, rights of

way and easements already held by its owner or lessee for industrial development

shall be exempt from condemnation under this section.
KRS § 390.300 — KY Code / Title XXXIII / Chapter 390 / Section 390.300
390.300 Power to contract -- Power of appointment not presently exercisable
Status: reserved

390.300 Power to contract -- Power of appointment not presently exercisable.

A powerholder of a power of appointment that is not presently exercisable may contract

to exercise or not to exercise the power only if the powerholder:

(1) Is also the donor of the power; and

(2) Has reserved the power in a revocable trust.