FrankGoortani/open-us-law huggingface dataset:
KRS § 138.351 — KY Code / Title XI / Chapter 138 / Section 138.351
138.351 Refund invoices, form, executor -- Application for grant of refund -- Right to refund not assignable -- Interest on refunds
Status: in_force

138.351 Refund invoices, form, executor -- Application for grant of refund -- Right

to refund not assignable -- Interest on refunds.

(1) When gasoline or special fuel is sold to a person who shall claim to be entitled to

refund under KRS 138.344, the licensed dealer or his duly authorized agent who

sells the gasoline or special fuel shall make out in duplicate a gasoline or special

fuel refund invoice supplied or approved in writing by the department, which

invoice shall have printed thereon that the liability to the Commonwealth of

Kentucky for the excise tax imposed under KRS 138.220 with respect to the

gasoline or special fuel has been assumed by the seller and that the excise tax has

already been paid or will be paid by the seller when the same shall become payable,

a statement setting forth the name and address of the purchaser, the number of

gallons of gasoline or special fuel so sold, the proposed use for which the gasoline

or special fuel is purchased, and other information as the department shall require.

The original gasoline or special fuel refund invoice shall be given to the purchaser,

and the duplicate shall be retained by the seller.

(2) The refund permit holder shall file with the department an application for refund on

forms furnished by the department, stating the quantity of gasoline and special fuel

used for the purposes as set out in KRS 138.344. The application shall be

accompanied by the original invoice, or certified copy thereof, showing the

purchase, and, if required by the department, evidence of payment therefor. When

the department is satisfied that a refund is proper, it shall authorize the tax paid to

be refunded as other refunds are made; and the amount refunded shall be deducted

from gasoline or special fuel tax receipts as appropriate.

(3) The right to receive any refund under the provisions of this section shall not be

assignable, except to the executor or administrator, or to the receiver, trustee in

bankruptcy, or assignee in insolvency proceedings of the person entitled thereto.

(4) Interest on refunds authorized under the provisions of this section shall be paid at

the tax interest rate, as defined in KRS 131.010(6), and shall begin to accrue sixty

(60) days after the postmark date of the application for refund.
KRS § 198A.240 — KY Code / Title XVII / Chapter 198A / Section 198A.240
198A.240 Title of chapter
Status: in_force

198A.240 Title of chapter.

This chapter shall be known and may be cited as the "Mae Street Kidd Kentucky Housing

Corporation Act."
KRS § 431.452 — KY Code / Title XL / Chapter 431 / Section 431.452
431.452 Prepayment of fines subject to certain conditions
Status: in_force

431.452 Prepayment of fines subject to certain conditions.

(1) An offense which is designated as subject to prepayment by specific statutory

designation may be prepaid by the violator subject to the terms and conditions of

the statute involved.

(2) When an offense that is not designated as subject to prepayment by specific

statutory designation is cited on the same citation with another offense that is

subject to prepayment, the officer shall cite the violator to court for all cited

offenses. However, if the offense for which prepayment is not allowed is dismissed

by the judge prior to the court date listed on the citation, the offense subject to

prepayment by specific statutory designation may be prepaid by the violator, and the

violator shall not be required to appear in court.

(3) An offense which is designated as subject to prepayment is subject to the following

conditions:

(a) Designation as subject to prepayment does not preclude a physical arrest by a

peace officer for that offense;

(b) Designation as subject to prepayment shall preclude a requirement that the

defendant make a court appearance on a uniform citation;

(c) Except as provided for in KRS 189.990(26), for any offense designated as

subject to prepayment, the defendant may elect to pay the minimum fine for

the offense plus court costs to the circuit clerk before the date of his trial or be

tried in the normal manner, unless the citation is marked for mandatory court

appearance pursuant to KRS 431.015 or subsection (2) of this section, except

that the fine for violations of KRS 189.221, 189.222, 189.226, 189.270, or

189.271 shall be in accordance with KRS 189.990(2)(a) and the defendant

shall not be allowed to pay the minimum fine as otherwise allowed by this

paragraph; and

(d) Prepayment of the fine and costs shown on the citation or accompanying

schedule shall be considered as a plea of guilty for all purposes.

(4) When a peace officer issues a uniform citation and no physical arrest is made he or

she shall, where the citation is designated as subject to prepayment, mark the

citation as "PAYABLE", except as provided in KRS 431.015 or subsection (2) of

this section.

(5) The Administrative Office of the Courts, after consultation with the Department of

Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the

Department of Fish and Wildlife Resources, and a representative of law

enforcement shall develop a prepayable fine and cost schedule and a uniform

statewide instruction sheet for the Commonwealth.
KRS § 68.130 — KY Code / Title IX / Chapter 68 / Section 68.130
68.130 Auditor and assistant auditor for consolidated local government or county having city of first class -- Salary -- Bond
Status: in_force

68.130 Auditor and assistant auditor for consolidated local government or county

having city of first class -- Salary -- Bond.

A consolidated local government or the fiscal court of each county containing a city of the

first class may appoint an auditor and an assistant auditor, to hold office at the pleasure of

the consolidated local government or fiscal court. The auditor and assistant auditor shall

each receive an annual salary to be fixed by the consolidated local government or fiscal

court and paid out of the consolidated local government or county levy. They shall each

execute bond with an incorporated surety company authorized and qualified to become

surety on bonds in this state, or with at least two (2) solvent and responsible individuals

as surety, the bonds and sureties to be approved by the consolidated local government or

fiscal court.
KRS § 96.174 — KY Code / Title IX / Chapter 96 / Section 96.174
96.174 Quorum of board -- Officers -- Meetings -- Bylaws and rules of procedure
Status: in_force

96.174 Quorum of board -- Officers -- Meetings -- Bylaws and rules of procedure.

A majority of the board shall constitute a quorum and the board shall act by vote of a

majority present at any meeting attended by a quorum. Vacancies in the board shall not

affect its power or authority so long as a quorum remains. Within ten (10) days after

appointment and qualification of members, the board shall hold a meeting and elect a

chairman. The board shall at the same time elect a secretary-treasurer, and shall fix his

compensation, which, together with his compensation as a member of the board, shall not

exceed one thousand five hundred dollars ($1,500) per annum. The secretary may be

removed by the board for cause. The board shall hold public meetings at least once each

month, at such regular time and place as the board may determine. Any special meeting of

the board may be called by the chairman or by two (2) members; but if such special

meeting is called, written notice shall be sent to all members by the secretary. Except as

otherwise expressly provided in KRS 96.171 to 96.188, the board shall establish its own

bylaws and rules of procedure.
KRS § 275.355 — KY Code / Title XXIII / Chapter 275 / Section 275.355
275.355 Plan of merger
Status: in_force

275.355 Plan of merger.

(1) Each constituent business entity shall enter into a written plan of merger, which

shall be approved in accordance with KRS 275.350.

(2) The plan of merger shall set forth:

(a) The name of each constituent business entity that is a party to the merger and

the name of the surviving business entity into which each constituent business

entity proposes to merge;

(b) The terms and conditions of the proposed merger, including but not limited to,

a statement which sets forth whether limited liability is retained by the

surviving business entity;

(c) The manner and basis of converting the interests in each limited liability

company and the interests in each business entity that is a party to the merger

into interests, shares, or other securities or obligations, as the case may be, of

the surviving entity, or of any other business entity, or, in whole or in part,

into cash or other property;

(d) The amendments to the articles of organization of a limited liability company,

or articles of incorporation of a corporation or certificate of limited

partnership, as the case may be, of the surviving business entity as are desired

to be effected by the merger, or that no changes are desired;

(e) Other provisions relating to the proposed merger that are deemed necessary or

desirable.
KRS § 96A.190 — KY Code / Title IX / Chapter 96A / Section 96A.190
96A.190 Annual audit -- Compliance with KRS 65A.010 to 65A.090
Status: in_force

96A.190 Annual audit -- Compliance with KRS 65A.010 to 65A.090.

(1) Each authority shall employ a certified public accountant, or firm thereof, to make

an annual audit of the authority's financial accounts and affairs, and to make a report

thereof, including comments of the auditor regarding whether or not the authority is

in compliance with statutory requirements and with lawful covenants and

commitments made in its contract or bond proceedings. A copy of each audit report

shall be filed and kept open for public inspection in the office of the secretary-

treasurer of the authority, and a copy shall be provided to the clerk, secretary or

other appropriate office of record of each public body which may have participated

in the creation and organization of the authority, or in the subsequent expansion

thereof.

(2) Each authority shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 67A.730 — KY Code / Title IX / Chapter 67A / Section 67A.730
67A.730 First Ordinance -- Contents -- Hearing
Status: in_force

67A.730 First Ordinance -- Contents -- Hearing.

If an urban-county government desires to authorize, construct, and finance an

improvement pursuant to the provisions of KRS 67A.710 to 67A.825, its governing body

shall initiate the proceedings by adopting an ordinance, herein called the "First

Ordinance," in which announcement shall be made of the proposed improvement in such

manner as to identify the benefited properties which properties may be identified by

naming the public way or ways upon which they abut, if any, or by geographical location,

or both. In either case the ordinance shall recite the nature and scope of the improvement,

a preliminary estimate of the costs thereof, as submitted in writing by an engineer, or firm

of engineers, holding a license from the Commonwealth of Kentucky, and the amount, if

any, which the urban-county government proposes to appropriate from available funds

toward the estimated cost. In all succeeding proceedings, the urban-county government

shall be bound and limited by the preliminary report of the engineer, or engineers, with

regard to the nature, scope, and extent of the proposed improvement project (unless the

First Ordinance be amended); but shall not be bound by, or limited to, the preliminary

estimate of costs. The costs shall be determined upon the basis of construction bids

publicly solicited as hereinafter provided, and shall be binding upon the urban-county

government, and upon the owners of property to be benefited by the proposed

improvement project, whether the same turn out to be equal to, below, or above such

preliminary estimate. Architects, engineers, and fiscal agents may be employed without

advertising or competition. The First Ordinance shall provide for a public hearing at a

time and place specified therein (not less than one (1) week after publication) and shall

give notice that at the hearing any owner of property to be benefited may appear and be

heard as to:

(1) Whether the proposed project should be undertaken or abandoned, and

(2) Whether the nature and scope of the project shall be altered. The First Ordinance

shall be published pursuant to KRS Chapter 424. The First Ordinance may

designate a person, who may be the mayor, a member of the governing body, or any

official of the urban-county government, to preside at and conduct such public

hearing. In the absence of a designation in the ordinance, the mayor, or a person

designated by the mayor shall preside. Notwithstanding the foregoing, the public

hearing shall not be deemed irregular or improper if it is in fact presided over and

conducted at the designated time, and place by any elected officer or member of the

governing body. Any owner of property intended to be benefited by the proposed

improvement project may be heard at such public hearing, in person or by a

representative.
KRS § 390.030 — KY Code / Title XXXIII / Chapter 390 / Section 390.030
390.030 Governing law
Status: in_force

390.030 Governing law.

Unless the terms of the instrument creating a power of appointment manifest a contrary

intent:

(1) The creation, revocation, or amendment of the power is governed by the law of the

donor's domicile at the relevant time; and

(2) The exercise, release, or disclaimer of the power, or the revocation or amendment of

the exercise, release, or disclaimer, is governed by the law of the powerholder's

domicile at the relevant time.
KRS § 158.866 — KY Code / Title XIII / Chapter 158 / Section 158.866
158.866 Definitions for KRS 158.865 to 158.867
Status: in_force

158.866 Definitions for KRS 158.865 to 158.867.

For purposes of KRS 158.865 to 158.867:

(1) "Attendance area" means the physical boundaries that determine the school that a

student is to attend;

(2) "Core academic area" means reading or mathematics;

(3) "Economically disadvantaged student" or "disadvantaged" means a student who

meets a school district's definition for purposes of the federal Elementary and

Secondary Education Act, No Child Left Behind, Title I, Part A;

(4) "Enrichment instructor" means an individual considered appropriately qualified by

the administrator of the summer learning program with approval by the local

superintendent to instruct or facilitate a specific enrichment program, who has

completed at least two (2) years of study at an accredited postsecondary education

institution, who has complied with KRS 160.380, who is paid by the local district

from funds other than federal Title I funds, and who is supervised by the director or

principal of the summer program. A highly qualified teacher may be employed to

teach enrichment classes;

(5) "Highly qualified teacher" means a person who holds a Kentucky certificate under

KRS 161.030 or 161.048 for the subject or level of instruction he or she is teaching

and who demonstrates competency in the core academic subjects taught; and

(6) "Low-achieving Title I student" means a student who performs academically below

expected potential as measured by assessments used for Title I identification.
KRS § 403.862 — KY Code / Title XXXV / Chapter 403 / Section 403.862
403.862 Warrant to take physical custody of child
Status: in_force

403.862 Warrant to take physical custody of child.

(1) Upon the filing of a petition seeking enforcement of a child custody determination,

the petitioner may file a verified application for the issuance of a warrant to take

physical custody of the child if the child is immediately likely to suffer serious

physical harm or be removed from this state.

(2) If the court, upon the testimony of the petitioner or other witness, finds that the

child is imminently likely to suffer serious physical harm or be removed from this

state, it may issue a warrant to take physical custody of the child. The petition shall

be heard on the next judicial day after the warrant is executed unless that date is

impossible. In that event, the court shall hold the hearing on the first judicial day

possible. The application for the warrant shall include the statements required by

KRS 403.856(2).

(3) A warrant to take physical custody of a child shall:

(a) Recite the facts upon which a conclusion of imminent serious physical harm

or removal from the jurisdiction is based;

(b) Direct law enforcement officers to take physical custody of the child

immediately; and

(c) Provide for the placement of the child pending final relief.

(4) The respondent shall be served with the petition, warrant, and order immediately

after the child is taken into physical custody.

(5) A warrant to take physical custody of a child is enforceable throughout this state. If

the court finds, on the basis of the testimony of the petitioner or other witness that a

less intrusive remedy is not effective, it may authorize law enforcement officers to

enter private property to take physical custody of the child. If required by exigent

circumstances of the case, the court may authorize law enforcement officers to

make a forcible entry at any hour.

(6) The court may impose conditions upon placement of a child to ensure the

appearance of the child and the child's custodian.
KRS § 80.110 — KY Code / Title IX / Chapter 80 / Section 80.110
80.110 Projects subject to building, zoning and sanitary laws
Status: in_force

80.110 Projects subject to building, zoning and sanitary laws.

All low-income housing projects are subject to the planning, zoning, sanitary and

building laws, ordinances, and regulations applicable to the locality in which the project

is situated. In a city of the first class, the housing authority shall submit to the city

planning and zoning commission the location, character, and extent of any new street,

square, park or other public way, ground or open space, or any public structure or public

utility, for approval in the manner provided in KRS 100.197.
KRS § 107.070 — KY Code / Title IX / Chapter 107 / Section 107.070
107.070 Procedure when second ordinance authorizes undertaking
Status: in_force

107.070 Procedure when second ordinance authorizes undertaking.

(1) If the aforesaid second ordinance authorizes the undertaking of the proposed project

and the financing thereof according to the "assessed value basis," which is

authorized by this chapter, and if owners of benefited properties do not take action

as permitted by KRS 107.060, or if such action be taken and shall result in final

judgment permitting the city to proceed according to the first and second

ordinances, the governing body of the city may proceed as authorized in this

chapter.

(2) If the second ordinance of a wastewater collection project undertaken by a

metropolitan sewer district authorizes the undertaking and financing of the project

according to the first ordinance, and if no action is initiated as permitted in KRS

107.060, or if such action be taken and shall result in final judgment allowing the

second ordinance to stand the board of the district may implement and finance

construction of the project as authorized by this chapter.
KRS § 70.036 — KY Code / Title IX / Chapter 70 / Section 70.036
70.036 Uniforms for sheriffs, deputies, and court security officers -- Use -- Expense, how paid
Status: in_force

70.036 Uniforms for sheriffs, deputies, and court security officers -- Use -- Expense,

how paid.

(1) Sheriffs, bonded deputy sheriffs, and certified court security officers are authorized

to wear approved uniforms while engaged in the performance of their duties. As

used herein, "approved uniforms" means those uniforms the design and color of

which are officially approved by the Kentucky Sheriffs' Association.

(2) The expense of uniforms used by sheriffs, their deputies, and certified court security

officers in accordance with this section may be paid by the fiscal court from the

county general fund. All such uniforms shall be the property of the county.
KRS § 132.460 — KY Code / Title XI / Chapter 132 / Section 132.460
132.460 Property valuation administrator, or deputy, to attend hearing on appealed assessments -- Expenses
Status: in_force

132.460 Property valuation administrator, or deputy, to attend hearing on

appealed assessments -- Expenses.

The property valuation administrator, or an authorized deputy, shall attend all hearings

before the county board of assessment appeals and before the Board of Tax Appeals

pursuant to KRS 49.200 to 49.250 relative to his or her assessment and submit to

examination and fully disclose to them such information as he or she or she may have and

any other matters pertinent to the inquiry being made. He or she shall be entitled to

reimbursement from the county for expenses incurred in official business outside his or

her county. If the Department of Revenue directs him to perform official duties outside of

his or her county, the expenses shall be paid from the appropriation for the payment of the

salaries of the property valuation administrators. Such reimbursement shall be paid on the

same basis as employees of the Commonwealth are paid for travel expenses.
KRS § 247.300 — KY Code / Title XXI / Chapter 247 / Section 247.300
247.300 Fiscal court to appropriate money for bureau, when -- Limit on amount -- Additional appropriation for agricultural extension work
Status: in_force

247.300 Fiscal court to appropriate money for bureau, when -- Limit on amount --

Additional appropriation for agricultural extension work.

(1) Whenever the secretary and the treasurer of a county farm bureau organized under

KRS 247.240 to 247.370 have certified to the fiscal court of the county that the

bureau has not less than one hundred (100) members who own or operate farms in

the county and has a fund of not less than five hundred dollars ($500) in the

possession of its treasurer, which fund was obtained from among its members by

membership dues or otherwise, the fiscal court shall, subject to subsection (2),

appropriate for county cooperative extension work out of the general fund of the

county to aid in carrying on extension work in that county in agriculture and home

economics and in connection with the University of Kentucky, a sum equal to twice

the amount of the said fund in the hands of the bureau.

(2) The total sum appropriated under this section by the fiscal court shall not, in any

year, exceed:

(a) Five thousand dollars ($5,000) in any county having an assessed property

valuation of twenty million dollars ($20,000,000) or more;

(b) Four thousand dollars ($4,000) in any county having an assessed property

valuation of more than fifteen million dollars ($15,000,000) but less than

twenty million dollars ($20,000,000);

(c) Three thousand dollars ($3,000) in any county having an assessed property

valuation of between ten ($10,000,000) and fifteen million dollars

($15,000,000);

(d) Two thousand dollars ($2,000) in any county having an assessed property

valuation of between five ($5,000,000) and ten million dollars ($10,000,000)

or

(e) One thousand five hundred dollars ($1,500) in any county having an assessed

property valuation of not more than five million dollars ($5,000,000).

(3) Nothing in this section shall prevent or prohibit a fiscal court from appropriating

additional funds in support of agricultural extension work under provisions of KRS

247.080 and appropriations made under either section shall be expended as

provided for in KRS 247.310.