FrankGoortani/open-us-law huggingface dataset:
KRS § 35.045 — KY Code / Title V / Chapter 35 / Section 35.045
35.045 Imposition of restraint
Status: in_force

35.045 Imposition of restraint.

(1) Arrest is the restraint of a person by an order not imposed as a punishment for an

offense, directing the person to remain within certain specified limits. Confinement

is the physical restraint of a person.

(2) An enlisted member may be ordered into arrest or confinement by any

commissioned officer by an order, oral or written, delivered in person, or through

other persons subject to this code. A commanding officer may authorize warrant

officers, petty officers, or noncommissioned officers to order enlisted members of

the commanding officer's command or subject to the commanding officer's

authority into arrest or confinement.

(3) A commissioned officer, a warrant officer, or a civilian subject to this code or to

trial thereunder may be ordered into arrest or confinement only by a commanding

officer to whose authority he or she is subject, by an order, oral or written, delivered

in person or by another commissioned officer. The authority to order such persons

into arrest or confinement may not be delegated.

(4) No person may be ordered into arrest or confinement except for probable cause.

(5) This section does not limit the authority of persons authorized to apprehend

offenders to secure the custody of an alleged offender until proper authority may be

notified.
KRS § 376.400 — KY Code / Title XXXI / Chapter 376 / Section 376.400
376.400 Lien of keeper of livery stable or agister for care of livestock -- Sale of livestock cared for -- Conditions
Status: in_force

376.400 Lien of keeper of livery stable or agister for care of livestock -- Sale of

livestock cared for -- Conditions.

(1) Any owner or keeper of a livery stable or other business providing for the care of

animals, and a person feeding, grazing, or caring for any animal for compensation,

shall, except as provided in subsection (2) of this section, have a lien for one (1)

year upon the animal placed in the stable, kennel, or similar facility, or put out to be

fed or grazed by the owner, for his or her reasonable charges for keeping, caring for,

feeding, and grazing the animal. The lien shall attach whether the animal is merely

temporarily lodged, fed, grazed, and cared for, or is placed at the stable or other

place or pasture for regular board. The lien shall take priority over a lien created

pursuant to KRS 376.420(1).

(2) Any person who has agreed to provide feed or care for an animal for compensation

may, in lieu of the lien provided for in subsection (1) of this section, cause the

animal to be sold if:

(a) The owner of the animal is at least forty-five (45) days in arrears on his or her

payment for the care and feeding of the animal, and the animal is in the

possession of the person or business providing for the care of the animal;

(b) The proposed sale is published in one (1) or more newspapers and qualified

pursuant to KRS Chapter 424, with a publication area in the locale where the

person providing care for the animal is located and the locale where the owner

of the animal was last known to reside; and

(c) Written notice of the sale is sent by certified mail, return receipt requested, or

registered mail, to the owner of the animal, addressed to such person at his or

her last known address, and to all lien holders of record with the Kentucky

Secretary of State and the local county clerk's office, at least ten (10) days

before the sale is conducted. The written notice shall include:

1. The amount due the person or business providing care for the animal;

2. The date, time, and location of the sale; and

3. A statement that the sale proceeds shall be disbursed as provided in

subsection (3) of this section.

(3) If a sale is conducted as provided in subsection (2) of this section, the proceeds of

the sale shall be disbursed in the following order:

(a) Payment for costs associated with the sale;

(b) Payment of amounts due to the person or business providing for the care and

feeding of the animal;

(c) Payment to lien holders and creditors pursuant to a court order; and

(d) The remainder, if any, held for the owner for a period of twelve (12) months

and, if not claimed at that time, then paid into the district school fund.
KRS § 508.180 — KY Code / Title L / Chapter 508 / Section 508.180
508.180 Definitions for KRS 508.180 to 508.186
Status: in_force

508.180 Definitions for KRS 508.180 to 508.186.

As used in KRS 508.180 to 508.186, unless the context requires otherwise:

(1) "Hazing" means a direct action which substantially endangers the physical health of

a minor or student for the purpose of recruitment, initiation into, affiliation with, or

enhancing or maintaining membership or status within any organization, including

but not limited to actions which coerce or force a minor or a student to:

(a) Violate federal or state criminal law;

(b) Consume any food, liquid, alcoholic liquid, drug, tobacco product, or other

controlled substance which subjects the minor or student to a risk of serious

physical injury;

(c) Endure brutality of a physical nature, including whipping, beating or

paddling, branding, or exposure to the elements;

(d) Endure brutality of a sexual nature; or

(e) Endure any other activity that creates a reasonable likelihood of serious

physical injury to the minor or student;

(2) "Organization":

(a) Means a number of persons who are associated with a school or

postsecondary education institution and each other, including a student

organization, fraternity, sorority, association, corporation, order, society,

corps, club, or similar group; and

(b) Includes any student organization registered pursuant to the policies of the

school or postsecondary education institution at any time during the previous

five (5) years; and

(3) "Student" means an individual enrolled in a public or private school or

postsecondary program of study.
KRS § 7A.160 — KY Code / Title II / Chapter 7A / Section 7A.160
7A.160 Use of existing studies, surveys, plans, and data
Status: in_force

7A.160 Use of existing studies, surveys, plans, and data.

The board may make use of existing studies, surveys, plans, data, and other materials in

the possession of any state agency. Upon request by the board, an agency shall make these

materials available to the board so that the board may have current information on the

capital plans and programs of the agency.
KRS § 411.186 — KY Code / Title XXXVI / Chapter 411 / Section 411.186
411.186 Assessment of punitive damages
Status: in_force

411.186 Assessment of punitive damages.

(1) In any civil action where claims for punitive damages are included, the jury or judge

if jury trial has been waived, shall determine concurrently with all other issues

presented, whether punitive damages may be assessed.

(2) If the trier of fact determines that punitive damages should be awarded, the trier of

fact shall then assess the sum of punitive damages. In determining the amount of

punitive damages to be assessed, the trier of fact should consider the following

factors:

(a) The likelihood at the relevant time that serious harm would arise from the

defendant's misconduct;

(b) The degree of the defendant's awareness of that likelihood;

(c) The profitability of the misconduct to the defendant;

(d) The duration of the misconduct and any concealment of it by the defendant;

and

(e) Any actions by the defendant to remedy the misconduct once it became known

to the defendant.

(3) KRS 411.184 and this section are applicable to all cases in which punitive damages

are sought.
KRS § 194A.715 — KY Code / Title XVII / Chapter 194A / Section 194A.715
194A.715 Duty of assisted living community to provide copy of KRS 194A.700 to 194A.729 and relevant administrative regulations to interested persons
Status: in_force

194A.715 Duty of assisted living community to provide copy of KRS 194A.700 to

194A.729 and relevant administrative regulations to interested persons.

An assisted living community shall provide any interested person with a copy of KRS

194A.700 to 194A.729 and relevant administrative regulations.
KRS § 178.117 — KY Code / Title XV / Chapter 178 / Section 178.117
178.117 Private improvement of public road in unincorporated territory -- When permitted -- Procedure
Status: in_force

178.117 Private improvement of public road in unincorporated territory -- When

permitted -- Procedure.

(1) Any person or corporation, public or private, or any group of such persons or

corporations or both, residing in or owning property adjacent to any publicly

dedicated road in unincorporated territory in any county and desiring to make any

improvements to the publicly dedicated road shall submit to the fiscal court, the

urban-county government, or the consolidated local government for approval plans

and specifications for its improvements at their own expense. Any request for

private improvement shall include all the information required by KRS 184.020 to

accompany a request for the creation of a public road district pursuant to that

section.

(2) The sponsors of the private improvement of the publicly dedicated road shall

present their request, together with the attached maps and estimates of cost, to the

fiscal court, the urban-county government, or the consolidated local government,

who shall turn over to the county engineer for his or her consideration the maps and

estimates of cost. In considering whether to permit the requested improvement, the

fiscal court, the urban-county government, or the consolidated local government,

and the county engineer shall follow the same procedures provided for in KRS

184.040 and the same appellate rights provided for in these sections are available to

the petitioners. When the county engineer receives from the fiscal court, the urban-

county government, or the consolidated local government an application for

approval of plans or specifications for the private improvement of publicly

dedicated roads by some individual or corporation, or a combination thereof, the

county engineer shall be authorized and empowered to examine, inspect, and

investigate, as seems to be advisable, the sufficiency of the improvements which the

application seeks to serve the purposes intended, and to establish and make

reasonable charges for his or her services on the basis of a schedule adjusted

according to the services required to conduct the investigation or on any other

reasonable method.

(3) When it appears to the county engineer that the completion of the improvement by

or on behalf of any individual or corporation requires inspection and supervision in

order to assure the protection of the public safety and the proper subsequent

completion of the work for the purposes intended, the county engineer shall include

findings in his or her recommendation to the fiscal court, the urban-county

government, or the consolidated local government approving, modifying, or

disapproving the particular plans and projects, and shall charge the person or

corporation for the inspection and supervision on the basis of the actual cost of

inspection plus a reasonable additional cost of supervision.
KRS § 164.3572 — KY Code / Title XIII / Chapter 164 / Section 164.3572
164.3572 Authority of center toward private industry -- Reimbursement
Status: in_force

164.3572 Authority of center toward private industry -- Reimbursement.

(1) In furtherance of the Commonwealth's economic development programs, the

Governmental Services Center may, upon request of the Cabinet for Economic

Development and as financial and staff resources permit, develop, coordinate,

implement, assist, and provide private industry with consultation, research,

programs, and employee assessment services.

(2) The Governmental Services Center may enter into contractual agreements with

private industry, as necessary to allow the Governmental Services Center to

properly perform its duties and responsibilities as established by KRS 164.3571 to

164.3573.

(3) Any private industry whose employees or prospective employees receive the benefit

of any of the Governmental Services Center's programs shall reimburse the

Governmental Services Center for the costs and expenses which it incurs as a result

of developing, coordinating, implementing, and conducting any of the programs or

services provided in KRS 164.3571 to 164.3573.
KRS § 342.735 — KY Code / Title XXVII / Chapter 342 / Section 342.735
342.735 Additional authority for administrative regulations on expediting payment of temporary total disability benefits, use of managed care, and expediting payment for and resolution of disputes concerning medical benefits
Status: in_force

342.735 Additional authority for administrative regulations on expediting payment

of temporary total disability benefits, use of managed care, and expediting

payment for and resolution of disputes concerning medical benefits.

(1) The commissioner shall promulgate administrative regulations to expedite the

payment of temporary total disability and medical expense benefits.

(2) The commissioner may promulgate administrative regulations incorporating

managed care intended to reduce costs or to speed the delivery or payment of

medical services to employees receiving medical and related benefits under this

chapter.

(3) The commissioner shall promulgate administrative regulations pursuant to KRS

Chapter 13A establishing an expedited method for resolving medical issues prior to

the filing of a claim with the Department of Workers' Claims. The administrative

regulations shall permit an employee or other interested party, prior to the filing of a

claim, to request a determination by an administrative law judge on medical issues

relating to the reasonableness or appropriateness of the proposed medical care or

relating to the obligation of the employer or the employer's insurance carrier to

make payment of contested medical bills. However, the employee has the burden of

proof to show the medical expenses are related to the injury, reasonable and

necessary prior to an application of benefits being filed and before an award or

order of benefits. Thereafter, the burden is upon the employer. The respondent to

the moving party shall be given ten (10) days to answer a request for an expedited

determination of medical issues, and the administrative law judge shall issue a

ruling within seven (7) days thereafter. The interested parties shall be provided a

form to provide to the medical care provider and the completed form filed with the

department and served upon the respondent shall initiate the time for response and

determination.
KRS § 65.670 — KY Code / Title IX / Chapter 65 / Section 65.670
65.670 Levy of ad valorem tax -- License fee -- Purpose
Status: in_force

65.670 Levy of ad valorem tax -- License fee -- Purpose.

(1) (a) In order to ensure the delivery of adequate services to the community or

communities, the emergency services board may levy an ad valorem tax not to

exceed ten cents ($0.10) per one hundred dollars ($100) of the assessed

valuation of all property in the district. The emergency services board may

levy this ad valorem tax on the property of each taxpayer served by each

district whose board is merged into the emergency services board. The

emergency services board ad valorem tax shall be collected by the sheriff of

each member county in the same manner as county ad valorem taxes. The

sheriff shall be entitled to a fee of four percent (4%) of the amount of the tax

collected; and

(b) The emergency services board may, in addition to the ad valorem tax in

paragraph (a) of this subsection, charge fees necessary to further defray the

costs of its operation.

(2) Tax and license fee revenues derived from this section shall be used only for the

services described in KRS 65.660 or 65.662.

(3) The assets and liabilities of the special districts under the jurisdiction of the

emergency services board shall be maintained separately, but shall be managed by

the emergency services board.
KRS § 426.384 — KY Code / Title XXXIX / Chapter 426 / Section 426.384
426.384 Court may compel surrender of property
Status: in_force

426.384 Court may compel surrender of property.

The court shall enforce the surrender of the money or securities therefor, or of any other

property of the defendant in the execution, which may be discovered in the action; and the

court may use its contempt power in enforcing surrender of the property.
KRS § 160.400 — KY Code / Title XIII / Chapter 160 / Section 160.400
160.400 Duties of outgoing superintendent
Status: in_force

160.400 Duties of outgoing superintendent.

An outgoing superintendent shall, before his last month's salary is paid, make all reports

required by law to date of his retirement and shall have information assembled to date of

his retirement for any reports to be made by the incoming superintendent.
KRS § 281.835 — KY Code / Title XXIV / Chapter 281 / Section 281.835
281.835 Reciprocal tax exemptions for nonresident carriers operating in interstate commerce
Status: in_force

281.835 Reciprocal tax exemptions for nonresident carriers operating in interstate

commerce.

To carry out the declaration of policy provided for in this chapter, the department may

enter into reciprocal agreements with other jurisdictions whereby motor vehicles, as

defined in KRS 186.010 and 281.010, while operating into or through the Commonwealth

of Kentucky in interstate commerce and properly licensed in another state, shall be

exempt in whole or in part from registration fees and seat and mileage taxes under KRS

Chapter 186, provided like or similar privileges are granted motor vehicles, as defined in

KRS 186.010 and 281.010, properly licensed in this state.
KRS § 151.700 — KY Code / Title XII / Chapter 151 / Section 151.700
151.700 Declaration of policy
Status: in_force

151.700 Declaration of policy.

(1) The General Assembly declares that based upon an implied contract between the

Commonwealth and the United States government through the Secretary of the

United States Army and his predecessors, the validity of which is evidenced by over

one hundred (100) years of performance by the federal government, it is the

responsibility of the United States Army Corps of Engineers and the United States

Congress to operate and maintain the locks and dams on the Kentucky River and

therefore urges the Congress and the corps to provide the funds necessary to

properly maintain the locks and dams, the condition of which the General Assembly

finds is deteriorating.

(2) The General Assembly recognizes the historic importance of the Kentucky River

locks and dams in providing a source of clean water supply for several hundred

thousand citizens of the Commonwealth. Therefore, if the Congress and the corps

fail to fulfill their responsibility for the Kentucky River locks and dams as stated in

subsection (1) of this section and the Commonwealth thereby must assume

ownership of the locks and dams, it shall be the public policy of the Commonwealth

to protect the health and welfare of the citizens dependent upon this system of locks

and dams for their source of clean water, and to that end, the Commonwealth shall

provide for the proper maintenance of the Kentucky River locks and dams through

the Kentucky River Authority. It shall be the public policy of the Commonwealth

that should the United States Army Corps of Engineers and the United States

Congress fail to fulfill their responsibility to maintain and operate the Kentucky

River locks and dams, and should all efforts on the part of the Commonwealth fail

to force the corps and Congress to fulfill their responsibility, then the

Commonwealth shall assume ownership of all United States Army Corps of

Engineers property, both real and personal, on or adjacent to the Kentucky River

after ninety (90) days from the date on which the corps obtains final authority to

dispose of such property. During that ninety (90) day period, the Commonwealth

shall publish legal notice of its intention to assume ownership of the property.
KRS § 157.620 — KY Code / Title XIII / Chapter 157 / Section 157.620
157.620 School district participation requirements
Status: in_force

157.620 School district participation requirements.

(1) To participate in the school construction funding program, the district must have

unmet needs as defined by KRS 157.615 and must meet the following eligibility

criteria:

(a) Commit at least an equivalent tax rate of five cents ($0.05) to debt service,

new facilities, or major renovations of existing school facilities as defined by

KRS 157.440. A district that levies the five cents ($0.05) and has not accepted

an official offer of assistance from the School Facilities Construction

Commission, made pursuant to KRS 157.611, may use receipts from the levy

for other purposes as determined by the district board of education.

(b) On July 1 of odd-numbered years, the district board of education shall restrict

all available local revenue, as defined by KRS 157.615, for school building

construction, to be utilized in accordance with the priorities determined by the

most current school facilities plan approved by the Kentucky Board of

Education.

(2) Interest earned on restricted funds required by this section shall become a part of

the restricted funds.

(3) Funds restricted by the requirements of this section may be used by the district for

projects or a portion thereof as listed in priority order on the approved school

facilities plan prior to receiving state funds. Any local school district which is not

an eligible district may be permitted, upon written application to the Department of

Education, to transfer funds restricted by KRS 157.611 to 157.640 for other school

purposes.

(4) Not later than October 15 of the year immediately preceding an even-numbered

year regular session of the General Assembly, the Kentucky Board of Education

shall submit a statement to the School Facilities Construction Commission

certifying the following in each district:

(a) The amount of school facility construction needs in each district;

(b) The amount of available local revenue in each district; and

(c) That the district has or has not met the eligibility criteria established by

subsection (1) of this section.

(5) Construction needs shall be those needs specified in the school facilities plan

approved by the Kentucky Board of Education as of June 30 of the year preceding

an even-numbered year regular session of the General Assembly.
KRS § 516.070 — KY Code / Title L / Chapter 516 / Section 516.070
516.070 Criminal possession of forged instrument in the third degree
Status: in_force

516.070 Criminal possession of forged instrument in the third degree.

(1) A person is guilty of criminal possession of a forged instrument in the third degree

when, with knowledge that it is forged and with intent to defraud, deceive or injure

another, he utters or possesses a forged instrument.

(2) Criminal possession of a forged instrument in the third degree is a Class A

misdemeanor.
KRS § 35.580 — KY Code / Title V / Chapter 35 / Section 35.580
35.580 Resistance, flight, breach of arrest, and escape
Status: in_force

35.580 Resistance, flight, breach of arrest, and escape.

Any person subject to this code shall be punished as a court-martial may direct who:

(1) Resists apprehension;

(2) Flees from apprehension;

(3) Breaks arrest; or

(4) Escapes from custody or confinement.