FrankGoortani/open-us-law huggingface dataset:
KRS § 278.650 — KY Code / Title XXIV / Chapter 278 / Section 278.650
278.650 Procedures for proposals to construct antenna towers in an area outside the jurisdiction of a planning commission -- Hearing -- Building permit fee
Status: in_force

278.650 Procedures for proposals to construct antenna towers in an area outside

the jurisdiction of a planning commission -- Hearing -- Building permit fee.

If an applicant proposes construction of an antenna tower for cellular telecommunications

services or personal communications services which is to be located in an area outside the

jurisdiction of a planning commission, or outside the jurisdiction of the secretary of the

Finance and Administration Cabinet pursuant to KRS 56.463(4)(a), the applicant shall

apply to the Public Service Commission for a certificate of public convenience and

necessity pursuant to KRS 278.020(1), 278.665, and this section. The commission shall

convene a local public hearing on the application upon the receipt of a request from the

local governing body or from not less than three (3) interested persons that reside in a

county or municipal corporation in which the tower is proposed to be constructed. In

reviewing the application, the commission may take into account the character of the

general area concerned and the likely effects of the installation on nearby land uses and

values. A local government may charge a fee for a building permit, in connection with the

construction or alteration of any structure for cellular telecommunications services or

personal communication services, if the fee does not exceed that charged for any other

commercial structure of comparable cost of construction.
KRS § 100.223 — KY Code / Title IX / Chapter 100 / Section 100.223
100.223 Employing planners or other persons
Status: in_force

100.223 Employing planners or other persons.

Any board of adjustments may employ or contract with planners or other persons as it

deems necessary to accomplish its assigned duties under this chapter.
KRS § 202B.260 — KY Code / Title XVII / Chapter 202B / Section 202B.260
202B.260 Petition for writ of habeas corpus
Status: in_force

202B.260 Petition for writ of habeas corpus.

At any time, and without notice, a person detained at a facility, or a relative, friend,

guardian, representative, or attorney on behalf of such person, may petition for a writ of

habeas corpus to question the cause and legality of the detention and request that the

Circuit Court issue a writ for release.
KRS § 260.019 — KY Code / Title XXI / Chapter 260 / Section 260.019
260.019 Kentucky Proud™ promotion fund
Status: in_force

260.019 Kentucky Proud™ promotion fund.

(1) The Kentucky Proud™ promotion fund is created in the State Treasury as a trust and

agency account to be administered by the department for the purposes provided in

this section.

(2) Notwithstanding the provisions of KRS 45.229, any moneys accruing to this fund in

any fiscal year, including state appropriations, gifts, grants, federal funds, interest,

and any other funds both public and private, shall not lapse but shall be carried

forward to the next fiscal year.

(3) Moneys received in the fund shall be used for administrative expenses to support

the Kentucky Proud™ Program, provide grants-in-aid, and other purposes and

expenses related to promoting Kentucky-grown agricultural products.

(4) No producer or processor of wild caught Asian carp, paddlefish, or sturgeon shall be

eligible for moneys from the Kentucky Proud™ promotion fund or the rural

development fund as provided under KRS 248.655. An aquaculture producer who

raises paddlefish or sturgeon in Kentucky under controlled or semi-controlled

conditions shall be eligible for such funds.
KRS § 381.9117 — KY Code / Title XXXII / Chapter 381 / Section 381.9117
381.9117 Construction against implicit repeal of KRS 381.9101 to 381.9207
Status: repealed

381.9117 Construction against implicit repeal of KRS 381.9101 to 381.9207.

KRS 381.9101 to 381.9207 being a general act intended as a unified coverage of its

subject matter, no part of it shall be deemed to be impliedly repealed by subsequent

legislation if that construction can reasonably be avoided.
KRS § 68.550 — KY Code / Title IX / Chapter 68 / Section 68.550
68.550 Applicability to urban-county governments
Status: in_force

68.550 Applicability to urban-county governments.

In an urban-county government, all rights, powers, privileges and responsibilities

conferred by KRS 68.520 to 68.550 upon the fiscal court shall be exercised by the

governing body of the urban-county government.
KRS § 6.631 — KY Code / Title II / Chapter 6 / Section 6.631
6.631 Construction of code with respect to criminal or penal laws
Status: in_force

6.631 Construction of code with respect to criminal or penal laws.

Nothing in this code is intended to nor is to be construed as repealing or modifying in any

way the provisions of any of the criminal or penal laws of this state but shall be held and

construed as ancillary and supplemental thereto.
KRS § 7.120 — KY Code / Title II / Chapter 7 / Section 7.120
7.120 Statute revision functions of Commission -- Records -- Confidentiality of drafts of legislative proposals
Status: in_force

7.120 Statute revision functions of Commission -- Records -- Confidentiality of

drafts of legislative proposals.

(1) The Legislative Research Commission shall formulate, supervise, and execute plans

and methods for the future revision, clarification, classification, codification, and

arrangement of the official version of the Kentucky Revised Statutes.

(2) The Commission shall prepare and submit to the General Assembly such

consolidation, revision, and other matters relating to the statutes as can be

completed from time to time.

(3) The Commission shall keep in its office an accurate and complete record of all

legislation enacted by the General Assembly and shall study same for the purpose of

determining the intention and the effect thereof. The Commission shall advise and

assist the members of the General Assembly in the preparation and revision of

legislation and matters connected therewith. When preparing and revising

legislation for members of the General Assembly, the Commission shall maintain

the confidentiality of each item of legislation which it is requested to prepare, and of

the fact that the request has been made, until the member or members of the General

Assembly having made the request shall introduce the legislation at a regular or

extraordinary session of the General Assembly or shall in writing authorize its

publication by the Commission. The Commission shall, when requested by the

General Assembly or either house thereof, report to the General Assembly on bills

introduced, calling attention to their effect on existing legislation and to any

deficiencies in their form.
KRS § 189.350 — KY Code / Title XVI / Chapter 189 / Section 189.350
189.350 Assistance in passing or overtaking
Status: in_force

189.350 Assistance in passing or overtaking.

(1) The operator of a vehicle about to be overtaken and passed shall give way to the

right in favor of the overtaking vehicle if the overtaking vehicle is a motor vehicle.

(2) In all cases of meeting, passing, or overtaking of vehicles such assistance shall be

given by the operator and occupants of each vehicle, respectively, to the other as the

circumstances reasonably demand, in order to obtain clearance and avoid accidents.
KRS § 334A.122 — KY Code / Title XXVI / Chapter 334A / Section 334A.122
334A.122 Immunity from civil or criminal liability -- Actions to restrain or enjoin violations of chapter -- Representation of board by state and local prosecutors
Status: in_force

334A.122 Immunity from civil or criminal liability -- Actions to restrain or enjoin

violations of chapter -- Representation of board by state and local prosecutors.

(1) Members of the board and its agents and employees shall be immune from personal

liability in any action, civil or criminal, which is based on any official act or acts

performed in good faith.

(2) Notwithstanding any other civil or criminal remedy, the board may institute and

maintain actions to restrain or enjoin any violation of this chapter, related

administrative regulations promulgated by the board pursuant to KRS Chapter 13A,

or order of the board.

(3) The surrender of a license shall not serve to deprive the board of jurisdiction to

proceed with disciplinary action pursuant to this chapter.

(4) The city, county, or Commonwealth's attorney and the Attorney General shall,

within their jurisdictions and within their legal discretion, represent the board and

its agents and employees in the enforcement of the provisions of this chapter and

related administrative regulations.
KRS § 141.449 — KY Code / Title XI / Chapter 141 / Section 141.449
141.449 Designation of income tax refund to Kentucky CASA network fund
Status: in_force

141.449 Designation of income tax refund to Kentucky CASA network fund.

(1) Effective for taxable years beginning on or after January 1, 2019, any taxpayer

required to file a return under KRS 141.180 who is entitled to an income tax refund

and who desires to contribute to the Kentucky CASA network fund created by KRS

620.512 may designate an amount, not to exceed the amount of the refund, to be

paid to the fund. A designation made under this section shall not affect the income

tax liability of the taxpayer, but it shall reduce the income tax refund by the amount

designated.

(2) The tax refund designation authorized by this section shall be printed on the face of

the Kentucky individual income tax form.

(3) The instructions accompanying the individual income tax return shall include a

description of the Kentucky CASA network fund and the purposes for which the

funds from the income tax checkoff may be used.

(4) The department shall, by July 1, 2020, and by July 1 of each year thereafter, transfer

the funds designated by taxpayers under this section to the Kentucky CASA

network fund created by KRS 620.512.
KRS § 329.120 — KY Code / Title XXVI / Chapter 329 / Section 329.120
329.120 Circuit Court jurisdiction to compel testimony or production of evidence
Status: in_force

329.120 Circuit Court jurisdiction to compel testimony or production of evidence.

Any Circuit Court may, upon application of the secretary or of the applicant or licensee

against whom proceedings upon KRS 329.100 are pending, enter an order requiring the

attendance of witnesses and their testimony, and the production of documents, papers,

files, books, and records in connection with any hearing in any proceedings under KRS

329.100.
KRS § 350.585 — KY Code / Title XXVIII / Chapter 350 / Section 350.585
350.585 Emergency restoration and reclamation
Status: in_force

350.585 Emergency restoration and reclamation.

(1) The cabinet is authorized to expend moneys from the fund for the emergency

restoration, reclamation, abatement, control, or prevention of adverse effects of coal

mining practices, on eligible lands, if the cabinet makes finding of fact that:

(a) An emergency exists constituting a danger to the public health, safety, or

general welfare; and

(b) No other person or agency will act expeditiously to restore, reclaim, abate,

control, or prevent the adverse effects of coal mining practices.

(2) The cabinet, its agents, employees, and contractors shall have the right to enter upon

any land where the emergency exists and any other land to have access to the land

where the emergency exists to restore, reclaim, abate, control, or prevent the

adverse effects of coal mining practices and to do all things necessary or expedient

to protect the public health, safety, or general welfare. Such entry shall be construed

as an exercise of the police power and shall not be construed as an act of

condemnation of property nor of trespass thereof. The moneys expended for such

work and the benefits accruing to any such premises so entered upon shall be

chargeable against such land and shall mitigate or offset any claim in or any action

brought by any owner of any interest in such premises for any alleged damages by

virtue of such entry. Provided, however, that this provision is not intended to create

new rights of action or eliminate existing immunities.
KRS § 367.472 — KY Code / Title XXIX / Chapter 367 / Section 367.472
367.472 Definitions
Status: in_force

367.472 Definitions.

Unless the context otherwise requires, the following terms shall mean:

(1) "Recreational and retirement use" land means that land which is sold and promoted

with primary emphasis on the land's value for recreational purposes or for

retirement purposes. In order to carry out the purposes of KRS 367.470 to 367.486,

the Attorney General may by administrative regulations further define the term

"recreational and retirement use" of land;

(2) "Offer" includes every inducement, solicitation, or attempt to encourage a person to

acquire an interest in land;

(3) "Person" means an individual, corporation, government, or governmental

subdivision or agency, business trust, estate, partnership, unincorporated

association, two (2) or more of any of the foregoing having a joint or common

interest or any other legal or commercial entity;

(4) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an

interest in land;

(5) "Subdivider" means any owner of subdivided land who offers it for disposition or

the principal agent of the owner.

(6) "Subdivision and subdivided lands" means any land which is divided or is proposed

to be divided for the purpose of disposition into ten (10) or more lots, parcels, units,

or interests and also includes any land, whether contiguous or not, if ten (10) or

more lots, parcels, units, or interests are offered as a part of a common promotional

plan of advertising and sale.

(7) "Land" and "interest in land" mean any right to own, use, or enjoy land, including,

but not limited to, fee estates, life estates, leasehold estates, easements, undivided

interests, licenses, and any other legal or equitable interest in real property but not

including interests in the nature of personal property which are nontransferable by

the purchaser.

(8) "Development" means the recreational and retirement use land itself together with

any existing or future common areas, undeveloped land, improvements, or

amenities which are or have been advertised or used to induce the purchase of

recreational and retirement use land irrespective of whether particular

improvements or amenities existed at the time of sales to particular individuals.

(9) "Consumer credit contract" means any instrument which evidences or embodies a

debt incurred by a natural person for the purchase, lease, or use of recreational and

retirement use land which is intended for personal, family, or household use.
KRS § 196.287 — KY Code / Title XVII / Chapter 196 / Section 196.287
196.287 Portion of savings identified in KRS 196.286 to be used to expand treatment programs in existing state penal institutions
Status: in_force

196.287 Portion of savings identified in KRS 196.286 to be used to expand

treatment programs in existing state penal institutions.

The department shall use a portion of the savings identified in KRS 196.286 to expand

treatment programs at its existing state penal institutions, including the expansion or

creation of treatment programs at facilities that are currently being underutilized if those

facilities are appropriate locations for treatment programs or could be modified easily to

accommodate treatment programs.
KRS § 178.060 — KY Code / Title XV / Chapter 178 / Section 178.060
178.060 Changes in location of county road
Status: in_force

178.060 Changes in location of county road.

(1) The county road engineer may change the location of any county road in his county

with the written consent of the owner of the land on which a change is to be made,

setting forth the exact changes proposed. The proposed change and the owner's

consent shall be entered in the form of an agreed order of the fiscal court and

subject to the approval of the county judge/executive.

(2) The change shall not materially increase the length or grade or require more work to

keep the road in repair, or place the road on worse ground than it was before the

change, or render the road in any respects worse than it was before the change.

(3) If the county road engineer makes a change in violation of the provisions of this

section, the part of the road thus altered shall not be established as a county road,

and the former location shall be continued as such.
KRS § 18A.385 — KY Code / Title III / Chapter 18A / Section 18A.385
18A.385 Actuarial analysis of fund
Status: in_force

18A.385 Actuarial analysis of fund.

At least every two (2) years, the Personnel Cabinet shall have an actuary familiar with

workers' compensation insurance prepare an actuarial analysis of the state employee

workers' compensation fund established by KRS 18A.375 and make any recommendation

that he deems appropriate. The department may, at any time, request an actuary to

evaluate the adequacy of the rates of contribution. These rates may be adjusted if the

adjustment is recommended by the actuary.
KRS § 150.024 — KY Code / Title XII / Chapter 150 / Section 150.024
150.024 Power to acquire property -- Condemnation
Status: in_force

150.024 Power to acquire property -- Condemnation.

The department shall have the right to acquire such property as may be necessary to carry

out the purpose of this chapter, and it shall have the right of eminent domain as provided

in the Eminent Domain Act of Kentucky.
KRS § 138.226 — KY Code / Title XI / Chapter 138 / Section 138.226
138.226 Department of Revenue to administer gasoline and special fuel taxes
Status: in_force

138.226 Department of Revenue to administer gasoline and special fuel taxes.

(1) The department shall administer the taxes provided under KRS 138.210 to 138.448

and 138.450 to 138.470, except KRS 138.463 and 138.4631, and may prescribe,

adopt, and enforce administrative regulations relating to the administration and

enforcement thereof.

(2) The department shall, upon the request of the officials to whom are entrusted the

enforcement of the motor fuels tax law of any other state, the United States, the

provinces of the Dominion of Canada, forward to such officials any information

which it may have relative to the manufacture, receipt, sale, use, transportation,

shipment or delivery by any person of motor fuels, provided such other state or

states provide for the furnishing of like information to this state.
KRS § 446.290 — KY Code / Title XLI / Chapter 446 / Section 446.290
446.290 Effect of delayed repeal
Status: repealed

446.290 Effect of delayed repeal.

In the event a bill with a delayed effective date repeals a statute amended at the same

session of the General Assembly, the statute shall be considered to be amended at the date

specified in the amending act and shall stand repealed as of the date specified in the

repealing act.
KRS § 120.085 — KY Code / Title X / Chapter 120 / Section 120.085
120.085 Certification of result of primary contest -- Placement of name on ballots
Status: in_force

120.085 Certification of result of primary contest -- Placement of name on ballots.

In the case of offices for which certificates of nomination are required to be filed with the

Secretary of State, the result of the final judgment in the contest of a primary election

shall be certified to the Secretary of State; in the case of offices for which certificates of

nomination are required to be filed with the county clerk, the result shall be certified to

the county clerk. The Secretary of State shall certify to the proper county clerks the names

of the candidates awarded nominations as certified to him by the court, and the county

clerk shall place upon the ballots for the regular election the names of the candidates so

certified to him by the Secretary of State and the names of the candidates awarded

nominations as certified to him by the court, in place of the candidates whose

nominations were successfully contested.
KRS § 65.676 — KY Code / Title IX / Chapter 65 / Section 65.676
65.676 Emergency services tax supplemental to existing tax of fire, ambulance, and emergency squad districts -- Aggregate tax limits
Status: in_force

65.676 Emergency services tax supplemental to existing tax of fire, ambulance, and

emergency squad districts -- Aggregate tax limits.

In counties where ambulance districts created under the provisions of KRS 108.080 to

108.180; fire protection districts created under the provisions of KRS 75.010 to 75.260;

or local rescue squad districts created under the provisions of KRS Chapter 39F exist and

have enacted an ad valorem tax, the emergency services board may leave those ad

valorem tax levies in place. The emergency services board may levy its permitted funding

mechanisms in addition to these existing taxes, but the aggregate of the existing tax

levied by the original district or districts, and the tax levied by the emergency services

board shall not exceed the limits prescribed in KRS 65.670.
KRS § 177.310 — KY Code / Title XV / Chapter 177 / Section 177.310
177.310 Declaration of policy
Status: in_force

177.310 Declaration of policy.

The legislature hereby finds, determines, and declares that KRS 177.220 to 177.310 is

necessary for the immediate preservation of the public peace, health, and safety, and for

the promotion of the general welfare.
KRS § 77.295 — KY Code / Title IX / Chapter 77 / Section 77.295
77.295 Enforcement of subpoenas by contempt proceedings -- Personal attachment
Status: in_force

77.295 Enforcement of subpoenas by contempt proceedings -- Personal attachment.

(1) Whenever any person duly subpoenaed to appear and give evidence or to produce

any books and papers before the hearing board neglects or refuses to appear, or to

produce any books and papers, as required by the subpoena, or refuses to testify or

to answer any question which the hearing board decides is proper and pertinent, he

shall be deemed in contempt, and the hearing board shall report the fact to the judge

of the Circuit Court of the county.

(2) Upon receipt of the report, the judge of the Circuit Court shall issue an attachment

directed to the sheriff of the county where the witness was required to appear and

testify, commanding the sheriff to attach such person and forthwith bring him

before the judge who ordered the attachment issued.

(3) On the return of the attachment and the production of the body of the defendant, the

Circuit Judge has jurisdiction of the matter. The person charged may purge himself

of the contempt in the same way, and the same proceeding shall be had, and the

same penalties may be imposed, and the same punishment inflicted as in the case of

a witness subpoenaed to appear and give evidence on the trial of a civil cause before

a Circuit Court.
KRS § 219.041 — KY Code / Title XVIII / Chapter 219 / Section 219.041
219.041 Regulations -- State hotel code
Status: in_force

219.041 Regulations -- State hotel code.

(1) The secretary shall adopt regulations for the effective administration and

enforcement of KRS 219.011 to 219.081.

(2) The secretary shall adopt a state hotel code which shall include, among other things,

requirements for the issuance, suspension, and revocation of permits to operate;

submission of plans for construction and equipment layout; plumbing; lighting;

ventilation; water supply; sewage disposal; sanitary standards for operation; and

such other matters deemed necessary to insure a safe and sanitary operation of a

hotel. Standards for construction, plumbing, lighting, and ventilation shall be

effective only if they are approved by the Department of Housing, Buildings and

Construction and are included in the Uniform State Building Code, or if they

conform to the State Plumbing Code in the case of plumbing fixtures. Any review

of plans for construction, plumbing, lighting, and ventilation required before

construction of a hotel shall be conducted by the Department of Housing, Buildings

and Construction.