FrankGoortani/open-us-law huggingface dataset:
KRS § 365.650 — KY Code / Title XXIX / Chapter 365 / Section 365.650
365.650 Definitions
Status: in_force

365.650 Definitions.

As used in KRS 365.655 to 365.695 unless the context requires otherwise:

(1) "Transient merchant" means any person, firm, corporation, partnership or other

entity which engages in, does or transacts any temporary or transient business in the

state, either in one (1) locality or in traveling from place to place in the state,

offering for sale or selling goods, wares, merchandise or commodities of any kind,

and includes those merchants who, for the purpose of carrying on such business,

hire, lease, use or occupy any building, structure, motor vehicle or real estate; and

(2) "Temporary or transient business" means any business conducted for the sale or

offer for sale of goods, wares or merchandise which is carried on in any building,

structure, motor vehicle or real estate in one (1) locality for a period of less than six

(6) months in each year.
KRS § 345.070 — KY Code / Title XXVII / Chapter 345 / Section 345.070
345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order --Appeal to Circuit Court
Status: in_force

345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order --

Appeal to Circuit Court.

Violations of the provisions of KRS 345.050 shall be deemed to be unfair labor practices

remedial by the board in the following manner.

(1) Whenever it is charged by a public employer or a labor organization that any person

has engaged in or is engaging in any unfair labor practices, the board, or any hearing

officer designated by the board, shall conduct an administrative hearing in

accordance with KRS Chapter 13B.

(2) If upon the preponderance of the evidence presented the board is of the opinion that

any person named in the charge has engaged in or is engaging in an unfair labor

practice, then it shall issue a final order requiring him to cease and desist from the

unfair labor practice, and to take any affirmative action including reinstatement of

firefighters with or without back pay, as will effectuate the policies of this chapter.

The final order may further require the person to make reports from time to time

showing the extent to which he has complied with the order. If upon the

preponderance of the evidence presented the board is not of the opinion that the

person named in the charge has engaged in or is engaging in the unfair labor

practice, then the board shall issue a final order dismissing the complaint. No final

order shall issue based upon any unfair labor practice occurring more than six (6)

months prior to the filing of the charge with the board, unless the person aggrieved

thereby was prevented from filing the charge by reason of service in the Armed

Forces, in which event, the six (6) month period shall be computed from the day of

his discharge. No final order of the board shall require the reinstatement of any

individual as a firefighter who has been suspended or discharged, or the payment to

him of any back pay, if the individual was suspended or discharged for cause.

(3) Until a final order has been appealed, the board at any time, upon reasonable notice

and in the manner that it deems proper, may modify or set aside, in whole or in part,

any final order made or issued by it.

(4) The board or the charging party may petition for the enforcement of the final order

and for appropriate temporary relief or restraining order in the Circuit Court for the

county in which the violation occurred.

(5) Any person aggrieved by a final order of the board may obtain a review of the final

order by filing a petition in the Circuit Court assigned jurisdiction under subsection

(4) of this section in accordance with KRS Chapter 13B.
KRS § 78.5302 — KY Code / Title IX / Chapter 78 / Section 78.5302
78.5302 Duties of county attorney as employer
Status: in_force

78.5302 Duties of county attorney as employer.

(1) Any county attorney who employs persons paid from the county attorney's

delinquent tax fees, from federal or state grant funds received for the county

attorney's delinquent child support collection responsibilities, or from any other

funding source not subject to the control of the fiscal court, urban-county

government, or Prosecutors Advisory Council, or any county attorney who

supplements the wages of a County Employees Retirement System or Kentucky

Employees Retirement System member from these sources, shall participate as an

employer in the County Employees Retirement System or the Kentucky Employees

Retirement System in the manner prescribed in this section.

(2) It shall be the responsibility of each county attorney, participating as an employer in

the County Employees Retirement System or the Kentucky Employees Retirement

System, to determine membership in the appropriate retirement system for each

employee being paid in the manner described in subsection (1) of this section. In

making this determination, the participating county attorney shall consider whether

the job function of each affected employee is related to the prosecutorial duties of

the county attorney's office and is therefore subject to Kentucky Employees

Retirement System membership, or the legal representation of the fiscal court and

other county officers and is therefore subject to County Employees Retirement

System membership, and the county attorney shall certify the same to the board on

forms provided by the board. For persons already participating in the County

Employees Retirement System or the Kentucky Employees Retirement System,

whose wages are supplemented by the participating county attorney, the county

attorney shall make the required contributions for the supplementary wages to the

person's current retirement system.
KRS § 250.990 — KY Code / Title XXI / Chapter 250 / Section 250.990
250.990 Penalties
Status: in_force

250.990 Penalties.

(1) Any person who violates any of the provisions of KRS 250.021 to 250.111 or KRS

250.361 to 250.461 shall be fined not less than one hundred dollars ($100), nor

more than seven hundred fifty dollars ($750).

(2) Any person who shall impede, hinder, or otherwise prevent, or attempt to prevent,

the director or his duly authorized agent in the performance of his duty in

connection with this chapter, shall be guilty of a Class A misdemeanor.

(3) Any person who violates subsection (6) of KRS 250.601 shall be guilty of a Class B

misdemeanor.

(4) Except as provided by subsection (3) of this section, any person who violates any of

the provisions of KRS 250.491 to 250.631 may be fined up to one thousand dollars

($1,000) for the third and subsequent violations made within a twenty-four (24)

month period.
KRS § 247.4469 — KY Code / Title XXI / Chapter 247 / Section 247.4469
247.4469 Provisions of referendum to be fixed by Commissioner
Status: in_force

247.4469 Provisions of referendum to be fixed by Commissioner.

With respect to any referendum conducted under the provisions of KRS 247.4451 to

247.4483, the Commissioner of Agriculture shall, before calling and announcing the

referendum, fix, determine, and publicly announce at least thirty (30) days before the date

determined for the referendum, the date, hours, and polling places for voting in the

referendum, the effective date of the assessment, if adopted, the amount and basis of the

assessment proposed to be collected, the means by which the assessment shall be

collected if authorized by the producers, and the general purposes to which the amount

collected shall be applied. No annual assessment levied under the provisions of KRS

247.4451 to 247.4483 shall exceed fifteen hundredths of one percent (0.15%) of the value

of the year's production of the agricultural commodity produced by any producer included

in the group to which the referendum is submitted.
KRS § 226.040 — KY Code / Title XIX / Chapter 226 / Section 226.040
226.040 Pawnbroker to keep register of loans and purchases -- Report to online transaction recording service accessible to law enforcement -- Information to be included in register -- State officers may inspect -- Holding period before resale -- Release of stolen property to law enforcement
Status: in_force

226.040 Pawnbroker to keep register of loans and purchases -- Report to online

transaction recording service accessible to law enforcement -- Information to

be included in register -- State officers may inspect -- Holding period before

resale -- Release of stolen property to law enforcement.

(1) Every pawnbroker shall keep a register of all loans and purchases of all articles by

the pawnbroker from the general public. The register shall:

(a) Be reported to an online, Internet-based transaction recording service

accessible to law enforcement agencies;

(b) Show the dates and the amounts of all loans or purchases by the pawnbroker

from the general public, and the names and:

1. A driver's license number;

2. Another state or federally issued picture identification card number; or

3. If the identification specified in subparagraph 1. or 2. of this paragraph

is not available, a Social Security number may be accepted;

of all persons who have left any property that has been pawned or sold;

(c) At all times be available to the inspection of any law enforcement officer of

this state when in the discharge of his or her official duty; and

(d) Contain a full description of all property purchased by the pawnbroker from

the general public or received on deposit as collateral or security. When

requested by law enforcement and pertaining to an investigation, a photograph

of the merchandise shall be made available to law enforcement if the property

is still in the possession of the pawnbroker. For purposes of this paragraph,

"full description" includes but is not limited to:

1. Make;

2. Model;

3. Color;

4. Size;

5. Manufacturer;

6. Vintage; and

7. Distinguishing marks or characteristics.

(2) When secondhand merchandise is sold to a pawnbroker, the merchandise shall be

held for a minimum of twelve (12) days before being resold.

(3) Prior to the release of property to a representative of law enforcement, the law

enforcement representative shall provide to the pawnbroker a case report or other

documentation that the item has been reported as stolen.
KRS § 525.150 — KY Code / Title L / Chapter 525 / Section 525.150
525.150 Disrupting meetings and processions in the second degree
Status: in_force

525.150 Disrupting meetings and processions in the second degree.

(1) A person is guilty of disrupting meetings and processions in the second degree

when, with intent to prevent or disrupt a lawful meeting, procession, or gathering,

he or she does any act tending to obstruct or interfere with it physically or makes

any utterance, gesture, or display designed to outrage the sensibilities of the group.

(2) Disrupting meetings and processions in the second degree is a Class B

misdemeanor.
KRS § 6.965 — KY Code / Title II / Chapter 6 / Section 6.965
6.965 Contents of fiscal note -- State mandate determination -- Copies to be furnished to local officials
Status: in_force

6.965 Contents of fiscal note -- State mandate determination -- Copies to be

furnished to local officials.

(1) A fiscal note shall state whether the bill or order is determined to be a state

mandate. Such determination shall be made by the director of the Legislative

Research Commission except as provided by subsection (2) of this section. If the

bill or order is a state mandate, the note shall contain an estimate of the effect the

law will have on expenditures or revenues of local government for the first full

fiscal year the law is to be in effect.

(2) The director, at his discretion, may seek a certification from the Attorney General

on the question of whether a bill or order constitutes a state mandate. The Attorney

General shall, within seven (7) working days from receipt of the request, certify to

the director that the bill or order is or is not a state mandate.

(3) If any bill or order is amended after the preparation of the fiscal note, it shall be

resubmitted to the person responsible for preparation of the note who shall

reevaluate the bill or order as amended and change the fiscal note in accordance

therewith.

(4) Copies of the fiscal note shall be furnished by the Legislative Research Commission

to any local official upon written request.
KRS § 197.160 — KY Code / Title XVII / Chapter 197 / Section 197.160
197.160 Governor or his designee to approve contracts
Status: in_force

197.160 Governor or his designee to approve contracts.

Before any contract authorized by KRS 197.120 becomes effective, it shall be approved

by the Governor, or his designee in the Finance and Administration Cabinet, in writing.
KRS § 323A.190 — KY Code / Title XXVI / Chapter 323A / Section 323A.190
323A.190 Compensation of board members
Status: in_force

323A.190 Compensation of board members.

Each member of the board shall receive an amount not to exceed two hundred dollars

($200) for each day or part thereof spent in the performance of official duties, including

time spent in necessary travel. In addition, each member of the board shall be reimbursed

for all necessary and proper traveling and incidental expenses incurred in connection with

these duties.
KRS § 198B.6675 — KY Code / Title XVII / Chapter 198B / Section 198B.6675
198B.6675 Powers of department and of authorized local governments to inspect systems -- Powers to restrain and enjoin violations of KRS 198B.650 to 198B.689 -- Representation of department by state and local prosecutors
Status: in_force

198B.6675 Powers of department and of authorized local governments to inspect

systems -- Powers to restrain and enjoin violations of KRS 198B.650 to

198B.689 -- Representation of department by state and local prosecutors.

(1) For the purpose of enforcing the provisions of KRS 198B.650 to 198B.689, officers,

agents, and inspectors of the department or an authorized local government shall

have the power and authority to enter upon permitted premises at all reasonable

times with the consent of the property owner in order to make inspections, interview

all persons, and request proof of heating, ventilation, and air conditioning licenses,

installation permits, and other evidence of compliance. Officers, agents, and

inspectors of the department or an authorized local government shall have the

authority to issue a stop-work order to any owner, agent, or occupant of real

property whenever the heating, ventilation, and air conditioning system under

inspection is found to be in violation of KRS 198B.650 to 198B.689 or the Uniform

State Building Code's heating, ventilation, and air conditioning mechanical sections.

(2) Notwithstanding the existence or pursuit of any other civil or criminal penalties, the

department and its officers, agents, and inspectors are authorized to institute and

maintain actions to restrain and enjoin any violation of KRS 198B.650 to 198B.689,

the Uniform State Building Code, the Uniform State Residential Code, or the rules

or the administrative regulations of the department relating thereto.

(3) City and county attorneys, Commonwealth's attorneys, and the Attorney General

may, within their respective jurisdictions, represent the department and its officers,

agents, and inspectors in the enforcement of provisions of KRS 198B.650 to

198B.689, the Uniform State Residential Code, and the Uniform State Building

Code.
KRS § 5.221 — KY Code / Title II / Chapter 5 / Section 5.221
5.221 Twenty-first Representative District
Status: in_force

5.221 Twenty-first Representative District.

The Twenty-first Representative District shall consist of the following territory:

County: Adair KY

County: Cumberland KY

County: Metcalfe KY

County: Monroe KY
KRS § 171.680 — KY Code / Title XIV / Chapter 171 / Section 171.680
171.680 Records management by agencies
Status: in_force

171.680 Records management by agencies.

(1) The head of each state and local agency shall establish and maintain an active,

continuing program for the economical and efficient management of the records of

the agency.

(2) Such program shall provide for:

(a) Effective controls over the creation, maintenance, and use of records in the

conduct of current business;

(b) Cooperation with the department in applying standards, procedures, and

techniques designed to improve the management of records;

(c) Promotion of the maintenance and security of records deemed appropriate for

preservation, and facilitation of the segregation and disposal of records of

temporary value;

(d) Compliance with the provisions of KRS 171.410 to 171.740 and the rules and

regulations of the department; and

(e) Compliance with the provisions of KRS 61.931 to 61.934.
KRS § 273A.100 — KY Code / Title XXIII / Chapter 273A / Section 273A.100
273A.100 Duties of managers
Status: in_force

273A.100 Duties of managers.

(1) A manager owes to the unincorporated nonprofit association the fiduciary duties of

loyalty and care.

(2) A manager shall manage the unincorporated nonprofit association in good faith, in a

manner the manager honestly believes to be in the best interests of the association,

and with such care, including reasonable inquiry, as a prudent person would

reasonably exercise in a similar position and under similar circumstances. A

manager may rely in good faith upon any opinion, report, statement, or other

information provided by another person that the manager reasonably believes is a

competent and reliable source for the information.

(3) After full disclosure of all material facts, a specific act or transaction that would

otherwise violate the duty of loyalty by a manager may be authorized or ratified by a

majority of the members that are not interested directly or indirectly in the act or

transaction.

(4) A manager that makes a business judgment in good faith satisfies the duties

specified in subsection (1) of this section if the manager:

(a) Is not interested, directly or indirectly, in the subject of the business judgment

and is otherwise able to exercise independent judgment;

(b) Is informed with respect to the subject of the business judgment to the extent

the manager reasonably believes to be appropriate under the circumstances;

and

(c) Believes that the business judgment is in the best interests of the

unincorporated nonprofit association and in accordance with its purposes.

(5) The governing principles in a record may limit or eliminate the liability of a

manager to the unincorporated nonprofit association or its members for damages for

any action taken, or for failure to take any action, as a manager, except liability for:

(a) The amount of financial benefit improperly received by a manager;

(b) An intentional infliction of harm on the association or one (1) or more of its

members;

(c) An intentional violation of criminal law;

(d) Breach of the duty of loyalty; or

(e) Improper distributions.
KRS § 78.240 — KY Code / Title IX / Chapter 78 / Section 78.240
78.240 Omitted, 1948
Status: in_force

78.240 Omitted, 1948.

Catchline at time of omission: Board of trustees of pension fund; membership, officers,

treasurer.
KRS § 273A.065 — KY Code / Title XXIII / Chapter 273A / Section 273A.065
273A.065 Approval by members
Status: in_force

273A.065 Approval by members.

(1) Except as otherwise provided in the governing principles, an unincorporated

nonprofit association shall have the approval of its members to:

(a) Admit, suspend, dismiss, or expel a member;

(b) Select or dismiss a manager;

(c) Adopt, amend, or repeal the governing principles;

(d) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of the

association's property, with or without the association's goodwill, outside the

ordinary course of its activities;

(e) Dissolve under KRS 273A.125(1)(b);

(f) Undertake any other act outside the ordinary course of the association's

activities; or

(g) Determine the policy and purposes of the association.

(2) An unincorporated nonprofit association shall have the approval of the members to

do any other act or exercise a right that the governing principles require to be

approved by members.
KRS § 441.255 — KY Code / Title XL / Chapter 441 / Section 441.255
441.255 Cost of incarceration when change of venue granted
Status: in_force

441.255 Cost of incarceration when change of venue granted.

When a change of venue is granted, the cost of incarcerating the defendant shall be paid

by the county from which the action is removed.
KRS § 506.160 — KY Code / Title L / Chapter 506 / Section 506.160
506.160 Minimum service of sentence required if convicted defendant was member of criminal gang acting for the purpose of benefitting, promoting, or furthering the interest of criminal gang
Status: in_force

506.160 Minimum service of sentence required if convicted defendant was member

of criminal gang acting for the purpose of benefitting, promoting, or

furthering the interest of criminal gang.

(1) If a defendant is alleged by the prosecuting attorney to have been a member of a

criminal gang as defined in KRS 506.135, at the time of the commission of the

offense, upon conviction of the offense there shall be a separate proceeding from

that proceeding which resulted in the defendant's conviction if the defendant was

convicted of:

(a) Assault in the fourth degree under KRS 508.030;

(b) Menacing under KRS 508.050;

(c) Wanton endangerment in the second degree under KRS 508.070;

(d) Terroristic threatening in the third degree under KRS 508.080;

(e) Stalking in the second degree under KRS 508.150;

(f) Unlawful imprisonment in the second degree under KRS 509.030;

(g) Criminal coercion under KRS 509.080;

(h) Criminal mischief in the second degree under KRS 512.030;

(i) Obstructing governmental operations under KRS 519.020;

(j) Resisting arrest under KRS 520.090;

(k) Riot in the second degree under KRS 525.030;

(l) Inciting to riot under KRS 525.040;

(m) Harassment under KRS 525.070;

(n) Harassing communications under KRS 525.080;

(o) The misdemeanor offense of carrying a concealed deadly weapon in violation

of KRS 527.020; or

(p) Possession of a handgun by a minor as a first offense under KRS 527.100.

(2) The proceeding described in subsection (1) of this section shall be conducted before

the court sitting with the jury that found the defendant guilty of the offense unless

the court for good cause discharges that jury and impanels a new jury for that

purpose. If the jury determines beyond a reasonable doubt that the defendant is or

was a member of a criminal gang, acting for the purpose of benefitting, promoting,

or furthering the interest of a criminal gang at the time he or she committed the

offense, he or she shall not be released for a minimum of seventy-six (76) to ninety

(90) days of the sentence imposed if the offense he or she is convicted of is

classified as a Class B misdemeanor, or for a minimum of three hundred eleven

(311) to three hundred sixty-five (365) days if the offense he or she is convicted of

is classified as a Class A misdemeanor.

(3) This section shall not apply to a juvenile unless he or she has been transferred to

Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least

one (1) prior separate occasion been adjudicated a public offender for a felony

offense.