FrankGoortani/open-us-law huggingface dataset:
KRS § 362.403 — KY Code / Title XXIX / Chapter 362 / Section 362.403
362.403 Name of limited partnership
Status: in_force

362.403 Name of limited partnership.

The name of each limited partnership shall satisfy the requirements of KRS 14A.3-010.
KRS § 503.030 — KY Code / Title L / Chapter 503 / Section 503.030
503.030 Choice of evils
Status: in_force

503.030 Choice of evils.

(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of

physical force or with some other provisions of law, conduct which would

otherwise constitute an offense is justifiable when the defendant believes it to be

necessary to avoid an imminent public or private injury greater than the injury

which is sought to be prevented by the statute defining the offense charged, except

that no justification can exist under this section for an intentional homicide.

(2) When the defendant believes that conduct which would otherwise constitute an

offense is necessary for the purpose described in subsection (1), but is wanton or

reckless in having such belief, or when the defendant is wanton or reckless in

bringing about a situation requiring the conduct described in subsection (1), the

justification afforded by this section is unavailable in a prosecution for any offense

for which wantonness or recklessness, as the case may be, suffices to establish

culpability.
KRS § 391.345 — KY Code / Title XXXIV / Chapter 391 / Section 391.345
391.345 Payment of trust account
Status: in_force

391.345 Payment of trust account.

Any trust account may be paid, on request, to any trustee. Unless the financial institution

has received written notice that the beneficiary has a vested interest not dependent upon

his surviving the trustee, payment may be made to the personal representative or heirs of

a deceased trustee if proof of death is presented to the financial institution showing that

the deceased trustee was the survivor of all other persons named on the account either as

trustee or beneficiary. Payment may be made, on request, to the beneficiary upon

presentation to the financial institution of proof of death showing that the beneficiary or

beneficiaries survived all persons named as trustees.
KRS § 514.160 — KY Code / Title L / Chapter 514 / Section 514.160
514.160 Theft of identity
Status: in_force

514.160 Theft of identity.

(1) A person is guilty of the theft of the identity of another when he or she knowingly

possesses or uses any current or former identifying information of the other person

or family member or ancestor of the other person, such as that person's or family

member's or ancestor's name, address, telephone number, electronic mail address,

Social Security number, driver's license number, birth date, personal identification

number or code, and any other information which could be used to identify the

person, including unique biometric data, with the intent to represent that he or she is

the other person for the purpose of:

(a) Depriving the other person of property;

(b) Obtaining benefits or property to which he or she would otherwise not be

entitled;

(c) Making financial or credit transactions using the other person's identity;

(d) Avoiding detection; or

(e) Commercial or political benefit.

(2) Theft of identity is a Class D felony. If the person violating this section is a business

that has violated this section on more than one (1) occasion, then that person also

violates the Consumer Protection Act, KRS 367.110 to 367.300.

(3) This section shall not apply when a person obtains the identity of another to

misrepresent his or her age for the purpose of obtaining alcoholic beverages,

tobacco, or another privilege denied to minors.

(4) This section does not apply to credit or debit card fraud under KRS 434.550 to

434.730.

(5) Where the offense consists of theft by obtaining or trafficking in the personal

identity of another person, the venue of the prosecution may be in either the county

where the offense was committed or the county where the other person resides.

(6) A person found guilty of violating any provisions of this section shall forfeit any

lawful claim to the identifying information, property, or other realized benefit of the

other person as a result of such violation.
KRS § 205.702 — KY Code / Title XVII / Chapter 205 / Section 205.702
205.702 Educational and vocational programs for parents receiving public assistance -- Reports by cabinet
Status: in_force

205.702 Educational and vocational programs for parents receiving public

assistance -- Reports by cabinet.

(1) The cabinet shall take all necessary actions to ensure that parents receiving public

assistance may engage in educational and vocational programs where assessment

shows their chances of achieving self-sufficiency will improve.

(2) The cabinet shall file quarterly progress reports and an annual report with the

Legislative Research Commission for distribution to the Interim Joint Committee

on Families and Children documenting the results of the cabinet's efforts to enable

parents receiving public assistance to participate in activities to achieve self-

sufficiency. The annual report shall identify the number and proportion of parents,

compared to the previous state fiscal year and the last full year of activity under the

Job Opportunities and Basic Skills Program who:

(a) Participated in each type of educational, vocational training, or work activity,

including post-secondary education;

(b) Successfully completed educational or vocational programs;

(c) Earned income due to work activity, including work study programs, while

receiving public assistance;

(d) Became ineligible for public assistance due to increases in earnings; and

(e) Became ineligible for public assistance for other reasons, including but not

limited to penalties or expiration of time limits.
KRS § 457.210 — KY Code / Title XLII / Chapter 457 / Section 457.210
457.210 Principles of law and equity
Status: in_force

457.210 Principles of law and equity.

Unless displaced by a provision of this chapter, the principles of law and equity

supplement this chapter.
KRS § 336.045 — KY Code / Title XXVII / Chapter 336 / Section 336.045
336.045 Administration and supervision of state employment offices - Regional free public offices -- Wagner-Peyser Act
Status: in_force

336.045 Administration and supervision of state employment offices (cid:19)

Regional free public offices -- Wagner-Peyser Act.

(1) The Education and Labor Cabinet shall administer and supervise state

employment offices and perform any other duties within the Act of Congress

entitled "An Act to provide for the establishment of a National Employment

Service and for Cooperation with the State in the Promotion of Such System

and for Other Purposes," approved June 6, 1933 (48 Stat. 113, U.S.C., Title

29, sec. 49(c)), as amended, and known as the Wagner-Peyser Act. All duties

and powers relating to the establishment, maintenance, and operation of free

public employment offices are vested in the Education and Labor Cabinet,

except that on or before April 15, 2021, there shall be twelve (12) regional

full-time free public employment offices open, fully operational, and staffed by

properly trained unemployment insurance specialists in each of the regions

where the secretary has determined there is an average unemployment rate

above five percent (5) for the preceding six (6) month period ending either on

June 30 or December 31. The Education and Labor Cabinet may, at its

discretion, open and operate additional free public employment satellite offices

on a full or partial schedule.

(2) The provisions of the Wagner-Peyser Act, as amended, are accepted by this

state in conformity with Section 4 of that Act, and this state will observe and

comply with the requirements of that Act. The Education and Labor Cabinet is

designated and constituted the agency of this state for the purposes of the

Wagner-Peyser Act.
KRS § 351.185 — KY Code / Title XXVIII / Chapter 351 / Section 351.185
351.185 Confidentiality of drug and alcohol test results -- Exceptions -- Use of results in criminal proceeding against applicant prohibited
Status: in_force

351.185 Confidentiality of drug and alcohol test results -- Exceptions -- Use of

results in criminal proceeding against applicant prohibited.

(1) Records of drug or alcohol test results, written or otherwise, received by the

division, its contractors, subcontractors, or other employees are confidential

communications and exempt from disclosure under the Kentucky Open Records

Act, except as follows:

(a) Where release of the information is authorized solely pursuant to a written

consent form signed voluntarily by the person tested. The consent form shall

contain the following:

1. The name of the person who is authorized to obtain the information;

2. The purpose of the disclosure;

3. The precise information to be disclosed;

4. The duration of the consent; and

5. The signature of the person authorizing the release of the information;

(b) Where release of the information is compelled by a hearing officer or court of

competent jurisdiction pursuant to an appeal taken under KRS 351.182,

351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110,

351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and

352.390;

(c) Where release of the information is relevant to a legal claim asserted by the

applicant;

(d) Where the information is used by the entity conducting drug or alcohol testing

when consulting with legal counsel in connection with matters brought under

or related to KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103,

351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010,

352.180, 352.210, and 352.390, or in its defense of civil or administrative

actions related to the testing or results; or

(e) Where release of the information is deemed appropriate by the Mine Safety

Review Commission or a court of competent jurisdiction in disciplinary

proceeding brought under the terms of KRS 351.182, 351.183, 351.184,

351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127,

351.1291, 351.170, 352.180, 352.210, and 352.390.

(2) Information on drug and alcohol test results for tests administered pursuant to KRS

351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106,

351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and

352.390 shall not be released or used in any criminal proceeding against the

applicant.
KRS § 394.330 — KY Code / Title XXXIV / Chapter 394 / Section 394.330
394.330 Will speaks as of time testator dies
Status: in_force

394.330 Will speaks as of time testator dies.

A will shall be construed, with reference to the real and personal estate comprised in it, to

speak and take effect as if it had been executed immediately before the death of the

testator, unless a contrary intention appears in the will.
KRS § 138.810 — KY Code / Title XI / Chapter 138 / Section 138.810
138.810 Definitions for KRS 138.820 to 138.860
Status: in_force

138.810 Definitions for KRS 138.820 to 138.860.

As used in KRS 138.820 to 138.860:

(1) "Contaminated waste materials" means those materials, in solid, liquid or gaseous

form, which are transported or buried with radioactive wastes;

(2) "Department" means the Department of Revenue;

(3) "Person" includes every natural person, fiduciary, association, state or political

subdivision, or corporation;

(4) "Processor" means any person receiving delivery or any person having an interest or

right of occupancy or use in real property or improvements or any person owning,

operating or maintaining a radioactive waste disposal site or facility of

contaminated waste materials or radioactive waste materials for processing,

packaging, storage, disposal, burial or other disposition;

(5) "Radioactive waste disposal site or facility" means any installation constructed,

used or placed in operation primarily for disposing of contaminated waste materials

or radioactive wastes;

(6) "Radioactive wastes" means any and all material which is radioactive or is

contaminated by or with radioactive material including but not limited to any

structures used in containing such radioactive wastes; and

(7) "Radioactive material" means any material, solid, liquid or gas, which emits

radiation spontaneously.
KRS § 353.070 — KY Code / Title XXVIII / Chapter 353 / Section 353.070
353.070 Index of plats -- Agreement permitting well operator to select location
Status: in_force

353.070 Index of plats -- Agreement permitting well operator to select location.

The department shall keep a proper index of the plats and locations, and shall keep an

accurate record of the proceedings in case of any conference or dispute. Where the well

operator is working under any agreement with or from the owner or the coal operator

operating the workable coal beds under the tract, and the agreement permits the well

operator to select his own locations, the location as originally chosen by the well operator

shall become the authorized location and the department shall issue the proper permit for

the drilling of the well.
KRS § 322.030 — KY Code / Title XXVI / Chapter 322 / Section 322.030
322.030 Exceptions to KRS 322.020
Status: in_force

322.030 Exceptions to KRS 322.020.

KRS 322.020 shall not apply to:

(1) The work of an employee or subordinate of:

(a) A professional engineer if the work is done under the direct supervision of and

verified by the professional engineer; or

(b) A professional land surveyor if the work is done under the direct supervision

of and verified by the professional land surveyor;

(2) The practice of engineering or land surveying by officers and employees of the

United States government while engaged in engineering or land surveying for the

government;

(3) The practice of engineering or land surveying by a person on property he or she

leases or owns unless:

(a) The practice involves the public safety, health, or welfare; or

(b) The land surveying relates to the location or determination of any existing or

proposed land boundaries;

(4) An engineer or land surveyor engaged solely as an officer or employee of a privately

owned public utility or of a business entity engaged in interstate commerce as

defined in the Interstate Commerce Act (24 Stat. 379) as amended;

(5) A licensed architect who engages in the practice of engineering incident to the

practice of architecture; or

(6) The practice of engineering related solely to the design or fabrication of

manufactured products. This exemption does not extend to site-specific engineering

work for Kentucky locations.
KRS § 61.916 — KY Code / Title VIII / Chapter 61 / Section 61.916
61.916 Use of deadly force to make an arrest
Status: in_force

61.916 Use of deadly force to make an arrest.

A special law enforcement officer may, in the course of accomplishing any lawful arrest

for a felony committed upon the public property as herein provided, use and apply that

force which he believes is necessary to make the arrest, except that he may only use

deadly force to make such an arrest if:

(1) The officer, in making the arrest, is authorized to act as a special law enforcement

officer; and

(2) The arrest is for a felony involving the use or threatened use of physical force likely

to cause death or serious physical injury; and

(3) The officer believes that the person to be arrested is likely to endanger human life

unless arrested without delay.
KRS § 365.894 — KY Code / Title XXIX / Chapter 365 / Section 365.894
365.894 Uniformity of application and construction
Status: in_force

365.894 Uniformity of application and construction.

KRS 365.880 to 365.900 shall be applied and construed to effectuate its general purpose

to make uniform the law with respect to the subject of KRS 365.880 to 365.900 among

states enacting it.
KRS § 24A.180 — KY Code / Title IV / Chapter 24A / Section 24A.180
24A.180 Disposition of District Court fees and costs
Status: in_force

24A.180 Disposition of District Court fees and costs.

(1) Except as provided in subsection (2) of this section all fees and costs collected

pursuant to KRS 24A.170(1) shall be deposited in the general fund of the State

Treasury.

(2) Fees consisting of reimbursement for incidental direct outlays, including but not

limited to postage and legal advertising, may be retained by the clerk and expended

for these purposes in accordance with relevant directives of the Administrative

Office of the Courts.

(3) Additional costs in District Court civil cases authorized by subsection (2) of KRS

24A.170 shall be paid to the sheriff or other officer serving the process.

(4) Filing fees in civil actions shall be recoverable as costs.

(5) No later than the seventh working day of each month the circuit clerk shall pay the

funds from each court cost collected under KRS 24A.175 to the court cost

distribution fund established in KRS 42.320 and report to the Finance and

Administration Cabinet and the Administrative Office of the Courts the amounts

deposited into the court cost distribution fund.
KRS § 278.514 — KY Code / Title XXIV / Chapter 278 / Section 278.514
278.514 Exempted service not to be subsidized by nonexempted, regulated telecommunications services
Status: in_force

278.514 Exempted service not to be subsidized by nonexempted, regulated

telecommunications services.

(1) Revenues derived from nonexempted, regulated telecommunications services,

whether essential or nonessential, shall not be used to subsidize or otherwise give

advantage to any person providing an exempted service. The commission shall

require a provider of any exempted service to keep separate accounts, to allocate

cost in accordance with procedures established by the commission, and may require

other acts that will assist the commission in enforcing this section. Any person

requesting an exemption or providing a service exempted pursuant to KRS 278.512

shall have the burden of proof to show compliance with this requirement.

(2) (a) Except as provided in subsection (2)(b) of this section, any

telecommunications utility that willfully violates subsection (1) of this section

shall be subject to a penalty no greater than the revenue requirement effect of

moneys determined to have been misallocated in the violation. For the

purpose of calculating the penalty under this section, the commission shall not

use a period longer than five (5) years.

(b) A local exchange carrier with fewer than thirty-five thousand (35,000) access

lines who willfully violates subsection (1) of this section shall be subject to

the penalties prescribed in KRS 278.990(1).
KRS § 365.475 — KY Code / Title XXIX / Chapter 365 / Section 365.475
365.475 Law inapplicable to judicial or farm sales
Status: in_force

365.475 Law inapplicable to judicial or farm sales.

The provisions of KRS 365.410 to 365.480 and 365.992 shall not apply to sheriffs,

constables, or other public or court officers, or to any other person or persons acting

under the direction or authority of any court, state or federal, selling goods, wares or

merchandise in the course of their official duties. Nor shall the provisions of KRS

365.410 to 365.480 and 365.992 apply to any bona fide farmer who holds any complete

or partial dispersement sale of any land, farm machinery, livestock or any other farm

implements or produce.
KRS § 171.391 — KY Code / Title XIV / Chapter 171 / Section 171.391
171.391 Definitions for KRS 171.391 to 171.393
Status: in_force

171.391 Definitions for KRS 171.391 to 171.393.

As used in KRS 171.391 to 171.393:

(1) "Council" means the Kentucky Heritage Council;

(2) "Historic drylaid rock fence" means any drylaid stone fence or wall at least fifty (50)

years old that was originally constructed from natural stones and without mortar;

(3) "Historic mortared rock fence" means any rock fence at least fifty (50) years old that

was originally constructed from natural stones and mortar; and

(4) "Nonhistoric drylaid rock fence" means any rock fence constructed within the last

fifty (50) years from natural stones and without mortar that the Kentucky Heritage

Council certifies meets the guidelines for drystone masonry set forth by the Dry

Stone Conservancy.
KRS § 243.045 — KY Code / Title XX / Chapter 243 / Section 243.045
243.045 Issuance of transitional license by state administrator or administrators -- Limitations on use
Status: in_force

243.045 Issuance of transitional license by state administrator or administrators --

Limitations on use.

(1) A transitional license may be issued by the state administrator or administrators

during the time a transfer of an ongoing business is being processed under the

following conditions:

(a) The purchaser shall file an application for a permanent license with the

appropriate local alcoholic beverage authority and with the department;

(b) The purchaser shall advertise its intention to apply for a license pursuant to

KRS 243.360; and

(c) The purchaser shall pay all application fees for the permanent license.

(2) If the above requirements are met, the state administrator or administrators, as

appropriate, may issue a transitional license with a term of up to sixty (60) days,

plus one (1) thirty (30) day renewal license, to the purchaser for a processing fee set

forth in KRS 243.030 to 243.040. All transitional licenses immediately expire upon

the issuance to the purchaser of one (1) or more permanent licenses.

(3) Upon completion of the sale of the business, the purchaser shall not operate the

business on the seller's license.

(4) The transitional license shall not be transferable or used for an application to move

a business from one (1) location to another location.

(5) The transitional license shall entitle the holder to the same privileges and

restrictions of the permanent license or licenses for which the holder applied under

subsection (1)(a) of this section.
KRS § 526.040 — KY Code / Title L / Chapter 526 / Section 526.040
526.040 Possession of eavesdropping device
Status: in_force

526.040 Possession of eavesdropping device.

(1) A person is guilty of possession of an eavesdropping device when he possesses any

electronic, mechanical or other device designed or commonly used for

eavesdropping with intent to use that device to eavesdrop or knowing that another

intends to use that device to eavesdrop.

(2) Possession of an eavesdropping device is a Class A misdemeanor.
KRS § 159.080 — KY Code / Title XIII / Chapter 159 / Section 159.080
159.080 Director of pupil personnel and assistants
Status: in_force

159.080 Director of pupil personnel and assistants.

(1) Each superintendent of a local school district shall appoint a director of pupil

personnel and assistants as are deemed necessary. Salaries of directors and

assistants shall be fixed by the board of education.

(2) Directors of pupil personnel shall have the general qualifications of teachers and, in

addition, shall hold a valid certificate issued in accordance with the administrative

regulations of the Education Professional Standards Board. Certificates valid on

January 1, 1956, for attendance officer shall hereafter be valid for the positions of

director of pupil personnel. Certificates shall be reissued or renewed in accordance

with the terms of the administrative regulations of the Education Professional

Standards Board in effect at the time of application for reissuance or renewal.

(3) Directors of pupil personnel and assistants shall be allowed their necessary and

authorized expenses incurred in the performance of their duties. Each board shall

bear the expense of its directors of pupil personnel and assistants incurred in its

district.

(4) The office of the superintendent of schools shall be the office of the director of

pupil personnel and suitable space shall be provided therein or adjacent thereto for

him or her.