FrankGoortani/open-us-law huggingface dataset:
KRS § 439.3407 — KY Code / Title XL / Chapter 439 / Section 439.3407
439.3407 Conditional parole of state inmates to be served in local correctional facility, jail, or reentry center -- Administrative regulations -- Work release
Status: in_force

439.3407 Conditional parole of state inmates to be served in local correctional

facility, jail, or reentry center -- Administrative regulations -- Work release.

(1) The department may promulgate administrative regulations to implement

conditional parole of state inmates incarcerated in state corrections institutions or

local correctional facilities or county jails to place those individuals closer to their

communities prior to release. A parolee placed on conditional parole shall serve that

term in a local correctional facility or county jail or reentry center in a county in

which the fiscal court has agreed to house parolees if beds are available in the local

correctional facility or county jail or reentry center.

(2) The department may authorize parolees on conditional parole to be placed on work

release. If a person placed in a county jail on conditional parole under subsection (1)

of this section is granted work release, he or she shall pay the work release fees

required by law to the jailer. The amount of work release fees paid by a parolee

shall be deducted from the amount which the Department of Corrections shall pay

for the placement of that parolee.

(3) Local correctional facilities or county jails housing parolees under subsection (1) of

this section shall have the same rights and obligations as jails housing felons

pursuant to KRS 532.100.

(4) Administrative regulations promulgated pursuant to subsection (1) of this section

relating to eligibility of an individual for conditional parole shall take into

consideration, at a minimum, the following information about the individual:

(a) The offense for which the individual was convicted and his or her

rehabilitation efforts while incarcerated;

(b) The security classification while incarcerated in the state correctional

institution;

(c) Conduct while incarcerated in the state correctional institution;

(d) Ability to find employment in the community; and

(e) The availability of additional applicable education, treatment or intervention,

and training for employment in the local correctional facility or county jail, if

needed by the individual.
KRS § 14.050 — KY Code / Title III / Chapter 14 / Section 14.050
14.050 Custody of public records
Status: in_force

14.050 Custody of public records.

(1) The Secretary of State shall have custody of the books, records, deeds, maps and

papers belonging to or deposited in his office, and shall arrange and preserve them.

(2) When a certified copy of a record in the office of the Secretary of State is presented

as evidence in any court of this state, by mailing under seal to the clerk of the

Circuit Court in the county where it is to be used, it shall be prima facie evidence of

the contents of the record, and the personal presence of the Secretary of State as a

witness is not necessary.
KRS § 378A.130 — KY Code / Title XXXI / Chapter 378A / Section 378A.130
378A.130 Uniformity of application and construction
Status: in_force

378A.130 Uniformity of application and construction.

This chapter shall be applied and construed to effectuate its general purpose to make

uniform the law with respect to the subject of this chapter among states enacting it.
KRS § 131.550 — KY Code / Title XI / Chapter 131 / Section 131.550
131.550 Assessment against transferee of a fraudulent conveyance made with intent to hinder or evade collection of tax due from transferor
Status: in_force

131.550 Assessment against transferee of a fraudulent conveyance made with

intent to hinder or evade collection of tax due from transferor.

(1) When the Department of Revenue reasonably believes that any taxpayer has

divested himself by gift, conveyance, assignment, transfer of, or charge upon any

property, whether real, personal, tangible or intangible, with the intent to hinder or

evade the collection of any tax assessed or to be assessed by the department or

declared by the taxpayer on a return filed with the department, any transferee of

such property may be assessed by the Department of Revenue an amount equal to

the lesser of the amount of tax assessed against the transferor taxpayer or the fair

market value of the property so transferred. However, no assessment shall be made

pursuant to this section against a transferee who takes the property for full and

valuable consideration in money or money's worth, unless it appears that such

transferee had notice of the intent of the transferor taxpayer to hinder or evade the

collection of any tax.

(2) Any assessment made by the Department of Revenue against a transferee pursuant

to subsection (1) of this section is, except as provided in this section, subject to the

same provisions and limitations as in the case of the taxes for which the liabilities

were incurred.

(3) The period of limitation for assessment of any liability against a transferee pursuant

to subsection (1) of this section shall be as follows:

(a) In the case of an initial transferee, within one (1) year after the expiration of

the period of limitation for assessment against the transferor taxpayer; and

(b) In the case of the liability of a transferee of a transferee, within one (1) year

after the expiration of the period of limitation for assessment against the

preceding transferee, but not more than three (3) years after the expiration of

the period of limitation for assessment against the initial transferor taxpayer.

(4) The notice of any assessment against a transferee made pursuant to subsection (1) of

this section shall be either given to the transferee in person or sent by mail to such

transferee's last known address.
KRS § 74.367 — KY Code / Title IX / Chapter 74 / Section 74.367
74.367 Discontinuance of water district -- Procedure
Status: in_force

74.367 Discontinuance of water district -- Procedure.

(1) At any time after the organization of a water district, and after approval by the

Public Service Commission in a proceeding similar to that provided by KRS

74.012, more than fifty percent (50%) of the freeholders within the district may file

a petition with the county judge/executive who had jurisdiction over the

organization of the district requesting discontinuance of the water district. The

petition shall state the reasons for discontinuance and that all obligations of the

district have been met and that approval of the Public Service Commission has been

obtained.

(2) After giving notice as provided in KRS Chapter 424 the county judge/executive

may conduct such hearings on the petition as may be necessary to assist in making a

determination.

(3) If, after hearings on the petition for discontinuance of the district the county

judge/executive determines that a discontinuance is in the best interest of the

residents of the district, the water district shall be dissolved by order of the county

judge/executive and a copy of the order shall be forwarded to the Public Service

Commission.
KRS § 216.724 — KY Code / Title XVIII / Chapter 216 / Section 216.724
216.724 Restrictions on health care services agency -- Contracts
Status: in_force

216.724 Restrictions on health care services agency -- Contracts.

(1) A health care services agency shall not:

(a) Restrict in any manner the employment opportunities of any temporary direct

care staff that is contracted with or employed by the agency, including but not

limited to contract buy-out provisions or contract non-compete clauses;

(b) Require, in any contract with temporary direct care staff, an assisted living

community, a long-term care facility, or a hospital, the payment of liquidated

damages, employment fees, or other compensation should the employee be

hired as a permanent employee of the assisted living community, long-term

care facility, or hospital, except in cases where the damages, fees, or

compensation are payable solely by the assisted living community, long-term

care facility, or hospital and the contract with the assisted living community,

long-term care facility, or hospital specifies that the amount will be reduced

pro-rata based on the length of time the temporary direct care staff performs

services for the assisted living community, long-term care facility, or hospital

while on the payroll of the health care services agency; or

(c) Solicit or recruit the current staff of an assisted living community, long-term

care facility, or hospital, or require, as a condition of employment,

assignment, or referral, that their employees recruit new employees for the

agency from among the current employees of the assisted living community,

long-term care facility, or hospital to which the agency employees are

employed, assigned, or referred.

(2) Any contract between a health care services agency and temporary direct care staff

that does not comply with subsection (1) of this section shall be considered an

unfair trade practice and be void pursuant to KRS 365.060.

(3) The provisions of subsection (1) of this section shall not apply to contracts with

permanent direct care staff or with an assisted living community, a long-term care

facility, or a hospital for the placement of permanent direct care staff.
KRS § 194A.564 — KY Code / Title XVII / Chapter 194A / Section 194A.564
194A.564 Study group to make recommendations on personnel classifications for state agency social workers -- Safety training -- Report
Status: in_force

194A.564 Study group to make recommendations on personnel classifications for

state agency social workers -- Safety training -- Report.

The cabinet secretary shall designate a study group composed of personnel within the

Department for Community Based Services' field services staff and any other persons

deemed necessary to make recommendations regarding personnel classifications for state

agency social workers. The study group shall include in its deliberations, but is not

limited to, special personnel designations that would permit or require specialized

personal safety training and other requirements that reflect the sometimes dangerous

nature of official job duties of state agency social workers. The study group shall report

its recommendations by November 15, 2007.
KRS § 132.180 — KY Code / Title XI / Chapter 132 / Section 132.180
132.180 Liability for distilled spirits tax
Status: in_force

132.180 Liability for distilled spirits tax.

(1) Any person having custody of distilled spirits in a bonded warehouse or premises on

the day as of which the assessment is made shall be liable for all taxes due thereon,

together with all interest and penalties that may accrue. Any owner, proprietor, or

custodian of such distilled spirits who pays the taxes, interest and penalties on the

distilled spirits shall have a lien thereon for the amount paid, with legal interest

from day of payment.

(2) Taxes on distilled spirits which are subject to the provisions of KRS 132.160(1)(a)

shall become due and payable in the manner provided by KRS 134.015, except that

taxes due the state shall be paid directly to the Department of Revenue.
KRS § 15A.0654 — KY Code / Title III / Chapter 15A / Section 15A.0654
15A.0654 Earmarking of juvenile justice funding for evidence-based practices
Status: in_force

15A.0654 Earmarking of juvenile justice funding for evidence-based practices.

(1) Beginning July 1, 2016, fifty percent (50%) of state moneys expended by the

department on programs shall be for programs that are in accordance with evidence-

based practices.

(2) Beginning July 1, 2018, and thereafter, seventy-five percent (75%) of state moneys

expended by the department on programs shall be for programs that are in

accordance with evidence-based practices.
KRS § 119.165 — KY Code / Title X / Chapter 119 / Section 119.165
119.165 Penalties for falsely personating a voter or voting by nonresident or unqualified person or convicted felon
Status: in_force

119.165 Penalties for falsely personating a voter or voting by nonresident or

unqualified person or convicted felon.

(1) Any person who falsely personates a registered voter, and receives and casts a

ballot by means of such personation, shall be guilty of a Class D felony. An attempt

at such personation shall constitute a Class A misdemeanor.

(2) Any person who, by means other than falsely personating a registered voter, votes

at an election in this state when he is a resident of another state or country, or votes

more than once at an election, or votes by use of the naturalization papers of

another person, shall be guilty of a Class D felony. Any person who knowingly

votes or attempts to vote in a precinct other than the one in which he resides shall

be guilty of a Class A misdemeanor, unless by voting in a precinct in which he does

not live he is enabled to vote in a race or on a matter in which he could not vote in

his proper precinct in which case he shall be guilty of a Class D felony. Any person

who lends or hires his or another's naturalization papers to be used for the purpose

of voting shall be subject to the same penalty.

(3) Any person who has been convicted of a felony offense and has not previously been

restored to their voting rights who then knowingly votes or attempts to vote shall be

guilty of a Class D felony.

(4) Any resident of this state who, by means other than falsely personating a registered

voter, votes at a regular or special election before he has resided in this state thirty

(30) days, or in the county and precinct where the election is held the time required

by law, or before he has attained full age, or before he has become a citizen, shall

be guilty of a Class B misdemeanor.

(5) Any person who, by means other than falsely personating a registered voter, votes

in a primary election knowing that he is not qualified as provided in KRS 116.055,

shall be guilty of a violation.

(6) Any person who applies for or receives a ballot at any voting place other than the

one at which he is entitled to vote, under circumstances not constituting a violation

of any of the provisions of subsections (1) to (3) of this section, shall be guilty of a

Class A misdemeanor.
KRS § 31.140 — KY Code / Title IV / Chapter 31 / Section 31.140
31.140 Waiver of right to counsel
Status: in_force

31.140 Waiver of right to counsel.

A person who has been appropriately informed under KRS 31.120 may waive in writing,

or by other record, any right provided by this chapter, if the court concerned, at the time

of or after waiver, finds of record that he has acted with full awareness of his rights and of

the consequences of a waiver and if the waiver is otherwise according to law. The court

shall consider such factors as the person's age, education, and familiarity with English,

and the complexity of the crime involved.
KRS § 171.223 — KY Code / Title XIV / Chapter 171 / Section 171.223
171.223 Delivery to Attorney General of written information concerning retention and management of public records
Status: in_force

171.223 Delivery to Attorney General of written information concerning retention

and management of public records.

The Department for Libraries and Archives shall, within sixty (60) days of June 20, 2005,

and thereafter, within sixty (60) days of the effective date of any legislation amending the

provisions of the Open Meetings Act, KRS 61.805 to 61.850, or the Open Records Act,

KRS 61.870 to 61.884, deliver to the Office of the Attorney General written information

that explains proper retention and management of public records, which information shall

be included in the Office of the Attorney General's distributions as specified in KRS

15.257.
KRS § 74.025 — KY Code / Title IX / Chapter 74 / Section 74.025
74.025 Removal of district water commissioner -- Causes
Status: in_force

74.025 Removal of district water commissioner -- Causes.

(1) From and after the creation and establishment of a water district and the

appointment of water commissioners to manage the affairs of the district, and

following the acquisition or construction by any duly created and established water

district of a public water system, and the consequent establishment of regulatory

jurisdiction over such water district by the Public Service Commission of Kentucky,

the Public Service Commission may remove any water commissioner from his

office for good cause, including, inter alia, incompetency, neglect of duty, gross

immorality, or nonfeasance, misfeasance, or malfeasance in office, including

without limiting the generality of the foregoing, failure to comply with rules,

regulations, and orders issued by the Public Service Commission.

(2) No such order of removal with respect to any water commissioner shall be entered

by the Public Service Commission until a public hearing on the merits with

reference to such matter has been held by the commission, at which hearing the

water commissioner proposed to be removed from office shall be afforded the

opportunity to appear, either pro se, or by counsel and file briefs, memoranda and

motions, cross-examine witnesses, examine exhibits, and present evidence, both

orally and in writing. All such orders of removal entered by the Public Service

Commission shall be final and shall not be subject to appeal. Any water

commissioner may waive such public hearing, in which case an order on removal

may be forthwith entered by the commission.

(3) Using procedures of this section the Public Service Commission may also request

the removal of directors, trustees or other governing persons of water associations in

like manner.
KRS § 117.027 — KY Code / Title X / Chapter 117 / Section 117.027
117.027 State board to promulgate record-keeping requirements
Status: in_force

117.027 State board to promulgate record-keeping requirements.

The State Board of Elections shall promulgate administrative regulations and procedures

necessary to:

(1) Designate which election records and materials shall be retained;

(2) Establish the manner in which the records and materials shall be maintained;

(3) Establish by whom the records shall be maintained; and

(4) Establish the period of time the records shall be retained, but such records shall be

retained for not less than twenty-two (22) months.
KRS § 241.015 — KY Code / Title XX / Chapter 241 / Section 241.015
241.015 Department of Alcoholic Beverage Control created -- What to consist of -- Appointment, qualifications, powers, and compensation of commissioner
Status: in_force

241.015 Department of Alcoholic Beverage Control created -- What to consist

of -- Appointment, qualifications, powers, and compensation of

commissioner.

There is created a Department of Alcoholic Beverage Control, which shall constitute

a statutory administrative department of the state government within the meaning of

KRS Chapter 12. The department consists of the commissioner of alcoholic

beverage control and the Alcoholic Beverage Control Board. The commissioner shall

head the department, shall be its executive officer, and shall have charge of the

administration of the department and perform all functions of the department not

specifically assigned to the board. The Governor shall appoint as commissioner a

person with administrative experience in the field of alcoholic beverage control.
KRS § 279.510 — KY Code / Title XXIV / Chapter 279 / Section 279.510
279.510 Obligations, how issued, secured, purchased or redeemed -- Power of board of trustees to encumber or dispose of property
Status: in_force

279.510 Obligations, how issued, secured, purchased or redeemed -- Power of

board of trustees to encumber or dispose of property.

(1) The board of trustees of a cooperative shall have full power and authority, without

authorization by the members thereof, to authorize the execution and delivery of a

mortgage or mortgages or a deed or deeds of trust of, or the pledging or

encumbering of, any or all of the property, assets, rights, privileges, licenses,

franchises and permits of the cooperative, whether acquired or to be acquired, and

wherever situated as well as the revenues therefrom, all upon such terms and

conditions as the board of trustees shall determine, to secure any indebtedness of the

cooperative to the United States of America or any agency or instrumentality

thereof. Any such mortgage or mortgages or deed or deeds of trust shall be exempt

from mortgage recordation tax.

(2) A cooperative may not otherwise sell, mortgage, lease or otherwise dispose of or

encumber all or a substantial portion of its property unless such sale, mortgage,

lease or other disposition or encumbrance is authorized by the affirmative vote of

not less than two-thirds (2/3) of all the members of the cooperative; provided

however, that notwithstanding any other provision of KRS 279.310 to 279.600, or

any other provision of law, the board of trustees may, upon the authorization of a

majority of those members of the cooperative present at a meeting of the members

thereof, the notice of which shall have set forth the proposed action, sell, lease or

otherwise dispose of all or a substantial portion of its property to another

cooperative or a foreign corporation doing business in this state pursuant to KRS

279.310 to 279.600 or to the holder or holders of any notes, bonds or other

evidences of indebtedness issued to the United States of America or any agency or

instrumentality thereof.
KRS § 150.485 — KY Code / Title XII / Chapter 150 / Section 150.485
150.485 Live fish and bait dealers
Status: in_force

150.485 Live fish and bait dealers.

No person shall sell live crayfish, mud eels, spring lizards, fish, aquatic invertebrates, or

amphibians for bait to be used in taking fishes, nor live fishes for stocking or fishing

purposes unless he has obtained a live fish and bait dealer's license.
KRS § 235.420 — KY Code / Title XIX / Chapter 235 / Section 235.420
235.420 Discharge of sewage from vessels to water prohibited -- Exception
Status: in_force

235.420 Discharge of sewage from vessels to water prohibited -- Exception.

No person shall discharge or permit from any vessel the discharge of sewage, industrial

wastes or other wastes to the waters of the Commonwealth except for state waters into

which discharges are allowed under federal law.
KRS § 157.605 — KY Code / Title XIII / Chapter 157 / Section 157.605
157.605 Establishment of fund
Status: in_force

157.605 Establishment of fund.

There is hereby established the "Ride to the Center for the Arts Program Fund" in the

Department of Education. The fund may receive state appropriations, gifts, grants, federal

funds, and tax receipts. Moneys from the fund shall be disbursed for purposes specified in

KRS 157.606.
KRS § 67.926 — KY Code / Title IX / Chapter 67 / Section 67.926
67.926 Contracts and obligations of counties and cities to be honored after unification
Status: in_force

67.926 Contracts and obligations of counties and cities to be honored after

unification.

All contracts, bonds, franchises, and other obligations of a participating city and the

county in existence on the effective date of a unified local government shall continue in

force and effect as obligations of the unified local government, and the unified local

government shall succeed to all rights and entitlements thereunder. All conflicts in the

provisions of the contracts, bonds, franchises, or other obligations shall be resolved in a

manner that does not impair the rights of any of the parties.