FrankGoortani/open-us-law huggingface dataset:
KRS § 189A.250 — KY Code / Title XVI / Chapter 189A / Section 189A.250
189A.250 Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person
Status: in_force

189A.250 Judicial review of pretrial suspension for causing an accident resulting in

death or serious physical injury to another person.

In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(c), if the

court determines by a preponderance of the evidence that:

(1) The person was charged and arrested by a peace officer with violation of KRS

189A.010;

(2) The officer had reasonable grounds to believe that the person was operating or in

physical control of a motor vehicle in violation of KRS 189A.010;

(3) There is probable cause to believe that the person committed the violation of KRS

189A.010(1) as charged; and

(4) There is probable cause to believe that the person was involved in an accident that

resulted in death or serious physical injury as defined in KRS 500.080 to a person

other than the defendant;

then the court shall continue the suspension of the person's operator's license or privilege

to operate a motor vehicle during the pendency of the proceedings, but in no event for a

period longer than the license suspension period applicable to the person under KRS

189A.070 and 189A.107.
KRS § 6.621 — KY Code / Title II / Chapter 6 / Section 6.621
6.621 Extraterritorial application
Status: in_force

6.621 Extraterritorial application.

Except as otherwise provided in this section, a person may be convicted under this code

of an offense committed by his own conduct or the conduct of another for which he is

legally accountable when:

(1) Either the conduct or the result which is an element of the offense occurs within this

state;

(2) Conduct occurring outside the state is sufficient to constitute an attempt to commit

an offense within the state;

(3) Conduct occurring outside the state is sufficient to constitute a conspiracy to

commit an offense within the state and an overt act in furtherance of the conspiracy

occurs within the state;

(4) Conduct occurring within this state establishes complicity in the commission of, or

an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction

which is also an offense under this code;

(5) The offense consists of the omission to perform a legal duty imposed by this code

regardless of where that person is when the omission occurs; or

(6) The offense is a violation of this code that expressly prohibits conduct outside the

state.
KRS § 363.560 — KY Code / Title XXIX / Chapter 363 / Section 363.560
363.560 Administration of law
Status: in_force

363.560 Administration of law.

The power and duty to administer and enforce KRS 363.510 to 363.850 is vested in the

Department of Agriculture, and shall be exercised under the supervision of the Office for

Consumer and Environmental Protection through the Division of Regulation and

Inspection. The division shall be headed by a director appointed by the Commissioner of

Agriculture and shall have personnel as determined and appointed by the Commissioner.
KRS § 253.090 — KY Code / Title XXI / Chapter 253 / Section 253.090
253.090 Transfer or sale of registered brands -- Fee
Status: in_force

253.090 Transfer or sale of registered brands -- Fee.

Only brands appearing in the current edition of the state report, or a supplement thereto,

shall be subject to sale, assignment, transfer, devise or bequest. The transfer of title must

be recorded with the Commissioner. The fee for recording the transfer of title is one

dollar ($1).
KRS § 177.520 — KY Code / Title XV / Chapter 177 / Section 177.520
177.520 Turnpike bonds valid for purposes of investment or collateral
Status: in_force

177.520 Turnpike bonds valid for purposes of investment or collateral.

Bonds issued by the department under the provisions of KRS 177.390 to 177.570 are

hereby made securities in which all public officers and public bodies, agencies and

instrumentalities of the Commonwealth and its political subdivisions, all insurance

companies, trust companies, banking associations, investment companies, executors,

administrators, trustees and other fiduciaries, and all other persons whatsoever who are

now or may hereafter be authorized to invest in bonds or other obligations of a similar

nature may properly and legally invest funds, including capital in their control or

belonging to them. Such bonds are hereby made securities which may properly and

legally be deposited with and received by any state or municipal officer or any agency or

political subdivision of the Commonwealth for any purpose for which the deposit of

bonds or other obligations of the Commonwealth is now or may hereafter be authorized

by law.
KRS § 337.425 — KY Code / Title XXVII / Chapter 337 / Section 337.425
337.425 Powers of commissioner
Status: in_force

337.425 Powers of commissioner.

(1) For this purpose, the commissioner, or the commissioner's authorized

representative, may enter the place of employment of any employer to inspect

and copy payrolls and other employment records, to compare character of work

and operations on which persons employed by him or her are engaged, to

question such persons, and to obtain other information necessary to the

administration and enforcement of KRS 337.420 to 337.433 and 337.990(11).

(2) The commissioner or the commissioner's authorized representative may

examine witnesses under oath, and require by subpoena the attendance and

testimony of witnesses and the production of any documentary evidence

relating to the subject matter of any investigation undertaken pursuant to KRS

337.420 to 337.433 and 337.990(11). If a person fails to attend, testify or

produce documents under or in response to a subpoena, the Circuit Court in

the judicial circuit where the hearing is being held, on application of the

commissioner or the commissioner's representative, may issue an order

requiring the person to appear before the commissioner or the commissioner's

authorized representative, or to produce documentary evidence, and any

failure to obey the order of the court may be punished by the court as

contempt.

(3) The commissioner may endeavor to eliminate pay practices unlawful under

KRS 337.420 to 337.433 and 337.990(11) by informal methods of conference,

conciliation and persuasion, and supervise the payment of wages owing to any

employee under KRS 337.420 to 337.433 and 337.990(11).

(4) The commissioner may issue regulations not inconsistent with the purpose of

KRS 337.420 to 337.433 and 337.990(11), necessary or appropriate to carry

out its provisions.
KRS § 390.190 — KY Code / Title XXXIII / Chapter 390 / Section 390.190
390.190 Capture doctrine -- Disposition of ineffectively appointed property under general power
Status: in_force

390.190 Capture doctrine -- Disposition of ineffectively appointed property under

general power.

To the extent a powerholder of a general power of appointment, other than a power to

revoke, amend, or withdraw property from a trust, makes an ineffective appointment:

(1) The gift-in-default clause controls the disposition of the ineffectively appointed

property; or

(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the

ineffectively appointed property:

(a) Passes to:

1. The powerholder if the powerholder is a permissible appointee and

living; or

2. If the powerholder is an impermissible appointee or not living, the

powerholder's estate if the estate is a permissible appointee; or

(b) If there is no taker under paragraph (a) of this subsection, passes under a

reversionary interest to the donor or the donor's transferee or successor in

interest.
KRS § 62.060 — KY Code / Title VIII / Chapter 62 / Section 62.060
62.060 Bonds of officers, depositories and fiduciaries -- Form -- Conditions -- Amount -- Renewal
Status: in_force

62.060 Bonds of officers, depositories and fiduciaries -- Form -- Conditions --

Amount -- Renewal.

(1) Except as provided by KRS 395.130, the bond required by law to be executed and

given by any public official, depository of public funds, or any fiduciary, and other

bond required by law for the discharge or performance of any public or fiducial

office, trust or employment, shall be a covenant to the Commonwealth of Kentucky

from the principal and surety or sureties that the principal will faithfully discharge

his duties, and there shall be no other obligation in the bond. The bond shall be

limited in a definite penal sum, which shall be determined and fixed by the officer

or officers whose duty it is to approve the bond. The bond of each fiduciary shall be

fixed in a penal sum of not less than the estimated value of the estate which the

fiduciary is in charge of. The officer or officers taking any bond mentioned in this

section may, at any time when it appears to be to the interest of the obligee, increase

the penal sum of the bond or require a renewal thereof with other or additional

sureties.

(2) A bond or obligation taken in any form other than that required by subsection (1)

shall be binding on the parties thereto according to its terms.

(3) This section shall not apply to bonds given pursuant to KRS 62.160 to 62.200.
KRS § 413.270 — KY Code / Title XXXVI / Chapter 413 / Section 413.270
413.270 Effect of judgment of no jurisdiction -- Application to administrative agencies
Status: in_force

413.270 Effect of judgment of no jurisdiction -- Application to administrative

agencies.

(1) If an action is commenced in due time and in good faith in any court of this state

and the defendants or any of them make defense, and it is adjudged that the court

has no jurisdiction of the action, the plaintiff or his representative may, within

ninety (90) days from the time of that judgment, commence a new action in the

proper court. The time between the commencement of the first and last action shall

not be counted in applying any statute of limitation.

(2) As used in this section, "court" means all courts, commissions, and boards which

are judicial or quasi-judicial tribunals authorized by the Constitution or statutes of

the Commonwealth of Kentucky or of the United States of America.
KRS § 390.250 — KY Code / Title XXXIII / Chapter 390 / Section 390.250
390.250 Disclaimer
Status: in_force

390.250 Disclaimer.

As provided in KRS 394.035 and 394.610 to 394.670:

(1) A powerholder may disclaim all or part of a power of appointment; and

(2) A permissible appointee, appointee, or taker in default of appointment may disclaim

all or part of an interest in appointive property.
KRS § 387.630 — KY Code / Title XXXIII / Chapter 387 / Section 387.630
387.630 Committee to assume duties of guardian -- Powers -- Nullification of adjudication of incompetency
Status: in_force

387.630 Committee to assume duties of guardian -- Powers -- Nullification of

adjudication of incompetency.

(1) Any person appointed committee for an incompetent person prior to July 1, 1982,

shall assume the duties of a guardian and shall be subject to all of the provisions of

KRS 387.500 to 387.770 pertaining to guardians, including all reporting

requirements. The committee shall, within one (1) year from July 1, 1982, petition

for modification of the original order if a less restrictive guardianship or

conservatorship would be more appropriate.

(2) In all instances where an adjudication of incompetency was entered prior to July 1,

1982, and no committee has been appointed or is serving on that date, the

adjudication of incompetency shall be considered null and void if no guardian or

conservator is appointed within one (1) year of July 1, 1982.
KRS § 190.043 — KY Code / Title XVI / Chapter 190 / Section 190.043
190.043 Refusal of manufacturer or distributor to honor succession
Status: in_force

190.043 Refusal of manufacturer or distributor to honor succession.

(1) If a manufacturer or distributor believes that good cause exists for refusing to honor

the succession to the ownership of a new motor vehicle dealership by a family

member of a deceased or incapacitated owner of a new motor vehicle dealership

under the existing franchise agreement, the manufacturer or distributor may, not

more than sixty (60) days following the receipt of:

(a) Notice of the designated family member's intent to succeed to the ownership

of the new motor vehicle dealership; or

(b) Any personal or financial data which it has requested;

serve upon the designated family member and the commission, notice of its refusal

to honor the succession and its intent to discontinue the existing franchise with the

dealer no sooner than ninety (90) days from the date such notice is served.

(2) The notice provided in subsection (1) of this section must state the specific grounds

for the refusal to honor the succession and of its intent to discontinue the existing

franchise with the new motor vehicle dealer no sooner than ninety (90) days from

the date such notice is served.

(3) If notice of refusal and discontinuance as provided in subsection (1) of this section

is not timely served upon the family member, the franchise shall continue in effect

subject to termination only as otherwise permitted by KRS 190.045.

(4) In determining whether good cause for the refusal to honor the succession exists,

the manufacturer, distributor, factory branch, or importer has the burden of proving

before the commission that the successor is a person who is not of good moral

character or does not meet the franchisor's existing and reasonable standards, and

considering the volume of sales and service of the new motor vehicle dealership, the

uniformly applied business experience standards in the market area.
KRS § 383.205 — KY Code / Title XXXII / Chapter 383 / Section 383.205
383.205 Time when tenancy created immaterial
Status: in_force

383.205 Time when tenancy created immaterial.

It is not material whether the tenant shall have received possession from his landlord or

have become his tenant after obtaining possession.
KRS § 272.141 — KY Code / Title XXIII / Chapter 272 / Section 272.141
272.141 Amendments to articles, how made -- Contents -- Filing
Status: in_force

272.141 Amendments to articles, how made -- Contents -- Filing.

(1) Amendments to the articles of incorporation shall be made in the following manner:

The board shall by an affirmative vote of not less than two-thirds (2/3) of its

members, present and voting at any regular or special meeting, adopt a resolution

approving the proposed amendment and directing that the proposed amendment be

submitted to a vote of the association members at any annual or special meeting

duly called. Written or printed notice setting forth the proposed amendment, or a

summary of the changes to be effected thereby, shall be given to each member of

the association entitled to vote at any such meeting, within the time and in the

manner provided in KRS 272.161. The proposed amendment, or amendments, shall

be adopted by the affirmative vote of not less than a majority of the votes entitled to

be cast by the members present in person, or by proxy (if permitted by the bylaws),

and voting at any such meeting.

(2) Notwithstanding the provisions of subsection (1) of this section, an amendment

whose only effect is to extend an association's period of duration may be adopted by

the affirmative vote of not less than two-thirds (2/3) of the directors present and

voting at any duly called board meeting, and shall become effective when signed

and acknowledged by the chairman, or other presiding officer, of the board and filed

and recorded pursuant to KRS 272.131.

(3) The articles of amendment shall set forth:

(a) The name of the association;

(b) The amendment adopted;

(c) A statement setting forth the date of the meeting of the board at which the

amendment or amendments were approved; that the meeting was duly called

and that a quorum was present; and that a resolution approving the proposed

amendment, or amendments, received an affirmative vote of not less than two-

thirds (2/3) of the members of the board present and voting at such meeting;

(d) A statement setting forth the date of the meeting of the members of the

association at which the amendment was adopted; that the meeting was duly

called and that a quorum was present; and that such amendment received an

affirmative vote of not less than a majority of the votes entitled to be cast by

members present in person, or by proxy (if permitted by the bylaws), and

voting at such meeting.

(4) For the recording of articles of incorporation or amendments thereto by the

Secretary of State and county clerk, and for the issuance of a certificate of

incorporation or certificate of amendment by the Secretary of State, an association

shall pay the same fees as are provided for such services in the statutes relating to

corporations generally.

(5) A copy of the articles of amendment indorsed by the Secretary of State with the fact

and time of recording in his office, shall be filed with the dean of the College of

Agriculture of the University of Kentucky, and with the Commissioner of the

Department of Agriculture.
KRS § 165.250 — KY Code / Title XIII / Chapter 165 / Section 165.250
165.250 Financial report of junior college
Status: in_force

165.250 Financial report of junior college.

An annual report and an audit of receipts and disbursements of the junior college fund

shall be made by the board of education of the city.
KRS § 198B.6413 — KY Code / Title XVII / Chapter 198B / Section 198B.6413
198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler inspection by uncertified individual -- Cease-and-desist order
Status: in_force

198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler

inspection by uncertified individual -- Cease-and-desist order.

(1) The procedures set forth in KRS Chapter 13B shall govern the department's

conduct of disciplinary hearings.

(2) The commissioner may summarily suspend a certification for up to ninety (90)

days before a final adjudication or during an appeal of the commissioner's

determination if he or she believes that the certification would represent a clear

and immediate danger to the public's health, safety, or property if the inspector

is allowed to perform sprinkler system inspections.

(3) The commissioner shall issue a letter to cease and desist with notice of

opportunity to be heard in accordance with KRS Chapter 13B, to any individual

if the commissioner:

(a) Determines that an individual is not certified under this chapter; and

(b) Determines that the individual is engaged in, or believed to be engaged

in, activities for which a fire sprinkler inspector's certification is required

under this chapter.

(4) After completion of the hearing, if it is determined that the activities in which the

individual is engaged are subject to certification under this chapter, the

commissioner shall issue a cease-and-desist order that identifies the individual

and specifically states the activities which are subject to the order.

(5) A cease-and-desist order issued under this section shall be enforceable in the

Circuit Court of the county of the individual's place of business in accordance

with KRS Chapter 13B.
KRS § 138.197 — KY Code / Title XI / Chapter 138 / Section 138.197
138.197 Publication of licensed distributors on department's Web site
Status: in_force

138.197 Publication of licensed distributors on department's Web site.

The department shall publish and maintain on its Web site an up-to-date list of tobacco

products and vapor products distributors licensed under KRS 138.195(7).
KRS § 247.6064 — KY Code / Title XXI / Chapter 247 / Section 247.6064
247.6064 Supervision of referendum by Commissioner -- Expenses
Status: in_force

247.6064 Supervision of referendum by Commissioner -- Expenses.

The manner, conduct, and management of any referendum held under KRS 247.6040 to

247.6070 shall be under the supervision and direction of the Commissioner, and all

expenses in connection with the referendum shall be borne by the association conducting

the referendum.
KRS § 342.039 — KY Code / Title XXVII / Chapter 342 / Section 342.039
342.039 Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk
Status: in_force

342.039 Filing of detailed claim information by each insurance company, self-

insured group, and employer carrying its own risk.

Beginning on January 1, 1995, and pursuant to administrative regulations promulgated

under KRS Chapter 13A by the commissioner, each insurance company writing workers'

compensation insurance policies in the Commonwealth, every self-insured group, and

each employer carrying its own risk shall file in the manner directed by the commissioner,

detailed claim information contained in the model regulation developed by the National

Association of Insurance Commissioners (NAIC) in conjunction with the International

Association of Industrial Accident Boards and Commissions (IAIABC).
KRS § 108.015 — KY Code / Title IX / Chapter 108 / Section 108.015
108.015 Compliance with KRS 65A.010 to 65A.090
Status: in_force

108.015 Compliance with KRS 65A.010 to 65A.090.

The board of directors shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 381.9119 — KY Code / Title XXXII / Chapter 381 / Section 381.9119
381.9119 Purposes and policies of KRS 381.9101 to 381.9207 -- Kentucky Condominium Act to be liberally construed
Status: in_force

381.9119 Purposes and policies of KRS 381.9101 to 381.9207 -- Kentucky

Condominium Act to be liberally construed.

(1) KRS 381.9101 to 381.9207 shall be liberally construed and applied to promote its

underlying purposes and policies.

(2) The underlying purposes and policies of KRS 381.9101 to 381.9207 are:

(a) To simplify, clarify, and modernize the law governing condominiums; and

(b) To make uniform the law among the various jurisdictions.
KRS § 281.932 — KY Code / Title XXIV / Chapter 281 / Section 281.932
281.932 Prohibited fees - Retention and inspection of records
Status: in_force

281.932 Prohibited fees - Retention and inspection of records.

(1) A towing company or storage facility shall not charge a fee for towing, cleanup

services, storage of a motor vehicle, or a combination thereof that is in excess of the

rate sheets required in KRS 281.926.

(2) All services rendered by a towing company or storage facility, including warranty or

no-cost services, shall be recorded on an invoice. The storage facility, towing

company, or the owner or operator of a tow truck, shall maintain the records for two

(2) years, including rate sheets, and shall make the records available for inspection

and copying upon written request from law enforcement or the cabinet. Records

maintained under this section shall be kept in paper or electronic form.
KRS § 30A.420 — KY Code / Title IV / Chapter 30A / Section 30A.420
30A.420 Payment out of State Treasury
Status: in_force

30A.420 Payment out of State Treasury.

In cases where compensation by the state is required or permitted interpreters' fees and

ordinary and reasonable expenses shall be paid out of the State Treasury according to the

pay schedule of the Judicial Personnel System.