FrankGoortani/open-us-law huggingface dataset:
KRS § 438.310 — KY Code / Title XL / Chapter 438 / Section 438.310
438.310 Sale of tobacco products or alternative nicotine products to persons under age 21 prohibited -- Penalties
Status: in_force

438.310 Sale of tobacco products or alternative nicotine products to persons under

age 21 prohibited -- Penalties.

(1) No person shall sell or cause to be sold any tobacco product or alternative nicotine

product at retail to any person under the age of twenty-one (21), or solicit any

person under the age of twenty-one (21) to purchase any tobacco product or

alternative nicotine product at retail.

(2) Any person who sells tobacco products or alternative nicotine products at retail

shall cause to be posted in a conspicuous place in his or her establishment a notice

stating that it is illegal to sell tobacco products, alternative nicotine products, or

vapor products to persons under age twenty-one (21).

(3) Any person selling tobacco products, alternative nicotine products, or vapor

products shall require proof of age from a prospective buyer or recipient if the

person has reason to believe that the prospective buyer or recipient is under the age

of twenty-one (21).

(4) A person who violates subsection (1) or (2) of this section shall be subject to a:

(a) One hundred dollar ($100) fine to the retail sales clerk for a first citation and a

notice to the owner of a retail establishment which details the violation;

(b) One hundred dollar ($100) fine to the retail sales clerk and an additional five

hundred dollar ($500) fine to the owner of a retail establishment for a second

citation;

(c) One hundred dollar ($100) fine to the retail sales clerk and an additional one

thousand dollar ($1,000) fine to the owner of a retail establishment for a third

citation; and

(d) Revocation of the tobacco, nicotine, or vapor product license upon a fourth

citation. Revocation for any fourth and subsequent citation within a two (2)

year period shall result in the inability to reapply for a license for two (2)

years.

(5) Each citation shall be specific to the premises of the retail establishment where the

violation occurred.

(6) The fine shall be imposed and collected by the department using a civil

enforcement procedure.

(7) A retailer shall be prohibited from renewing its license until all fines incurred under

KRS 438.305 to 438.350 are paid.
KRS § 90.320 — KY Code / Title IX / Chapter 90 / Section 90.320
90.320 Examinations -- Certifications -- Preference points -- Eligible list
Status: in_force

90.320 Examinations -- Certifications -- Preference points -- Eligible list.

(1) The civil service commission shall prescribe and propound such examinations as

are proper, commensurate with vacant positions within the various departments of

the city, according to classification prescribed by ordinance, shall set such times and

places for holding examinations as may be proper and shall give public notice of

examinations by publication pursuant to KRS Chapter 424.

(2) The civil service commission shall, as soon after examinations as is practicable,

certify to the mayor or other appointing authority a list of the applicants so

examined, with the one (1) having the highest average ranked first and all others

ranked numerically according to the result of the examination.

(3) Any honorably discharged soldier, sailor, marine, member of the Air Force, or

member of any other branch of the military service who was inducted into that

service through voluntary or involuntary enlistment, and who is an applicant for any

municipal civil service position, and a registered voter of that municipality, shall be

entitled to a five percent (5%) increase on his examination score. Any Red Cross

nurse who served during the period of hostilities between the United States and the

Central Powers in World War I and between the United States and Japan and

Germany in World War II, and who is a registered voter of that municipality, shall

be entitled to the same percentages. Such percentages shall be added to examination

scores only if the score is determined by the civil service commission to be a

passing score and after verification of the required service.

(4) The civil service commission of cities shall maintain an eligible list of not less than

three (3) for each position to be filled.

(5) The appointing authority may designate certain civil service positions and prescribe

that for such positions the examinations shall first be given exclusively to current

employees; provided, however, that if less than three (3) employees with a

minimum of two (2) years seniority achieve a passing grade, the examination shall

be held in accordance with subsection (1) of this section.
KRS § 260.868 — KY Code / Title XXI / Chapter 260 / Section 260.868
260.868 Eligibility of licensees to receive tobacco settlement funds under Master Settlement Agreement
Status: in_force

260.868 Eligibility of licensees to receive tobacco settlement funds under

Master Settlement Agreement.

A person holding a license issued by the department may be eligible to receive

funds received by the state under the Master Settlement Agreement and placed in

the rural development fund established in KRS 248.655.
KRS § 243.130 — KY Code / Title XX / Chapter 243 / Section 243.130
243.130 Transactions permitted to brewers, distillers, rectifiers, and wineries
Status: in_force

243.130 Transactions permitted to brewers, distillers, rectifiers, and wineries.

(1) Sales and deliveries of distilled spirits and wine may be made at wholesale,

and from the licensed premises only:

(a) By distillers to rectifiers, wineries, holders of special nonbeverage alcohol

licenses so far as they may make the purchases, or other distillers;

(b) By rectifiers to wineries or to distillers if distilled spirits sold to distillers are

packaged in retail containers;

(c) By wineries to rectifiers or other wineries, or to the holders of special

nonbeverage alcohol licenses;

(d) By distillers, rectifiers, or wineries to wholesalers; or

(e) By distillers, rectifiers, or wineries for export out of the state.

(2) No distiller, rectifier, or winery shall sell or contract to sell, give away, or deliver

any alcoholic beverages to any person who is not authorized by the law of the

state of the person's residence, and of the United States government if located

in the United States, to receive and possess those alcoholic beverages. Except

as provided in KRS 243.027 to 243.029 and KRS 243.0305, no distiller,

rectifier, or winery shall sell or contract to sell, give away, or deliver any of its

products to any retailer or consumer in Kentucky.

(3) Employees of distillers, rectifiers, and wineries may sample the products

produced by that manufacturer for purposes of education, quality control, and

product development.

(4) Distillers may purchase distilled spirits only from other licensed distillers in this

state or in another state or province, but distillers may purchase from rectifiers

licensed in Kentucky, distilled spirits which are packaged in retail containers.

(5) Rectifiers may purchase malt, distilled spirits, and wine only from licensed

brewers, distillers, or wineries in Kentucky, or from nonresident brewers,

distillers, or wineries authorized by the law of the state of their residence and

by the United States government, if the brewers, distillers, or wineries are

located in or outside the United States, to make the sales.

(6) Wineries may purchase distilled spirits or wine only from licensed distillers or

wineries in Kentucky, or from nonresident distillers or wineries authorized by

law of the state of their residence, and by the United States government if

located in the United States, to make the sales.

(7) Nothing shall prohibit the purchase or sale of warehouse receipts by any

person, but this subsection does not authorize the owner of a warehouse

receipt to accept delivery of any distilled spirits unless the owner is a person

who is permitted by law to receive the distilled spirits.

(8) Nothing in this section shall be construed to:

(a) Vitiate the policy of this Commonwealth supporting an orderly three (3)

tier system for the production and sale of alcoholic beverages; or

(b) Allow delivery or shipment of alcohol into dry or moist territory.
KRS § 171.202 — KY Code / Title XIV / Chapter 171 / Section 171.202
171.202 Administration of fund
Status: in_force

171.202 Administration of fund.

The state librarian shall administer the provisions of KRS 171.201 to 171.205. The

secretary of the Finance and Administration Cabinet shall approve expenditures of funds

under these sections.
KRS § 423.445 — KY Code / Title XXXVIII / Chapter 423 / Section 423.445
423.445 Application of Uniform Electronic Transactions Act
Status: in_force

423.445 Application of Uniform Electronic Transactions Act.

(1) KRS 423.300 to 423.455 are to be construed and applied in a manner consistent

with KRS 369.101 to 369.120. In accordance with KRS 369.105, nothing in KRS

423.300 to 423.455 shall affirmatively require any person to create, generate, send,

communicate, receive, store, or otherwise process or use electronic records or

complete a transaction using electronic means, and in accordance with KRS

369.118, nothing shall require any governmental agency to send and accept

electronic records and electronic signatures to and from other persons, or to

otherwise create, generate, communicate, store, process, use, and rely upon

electronic records and electronic signatures, except as may be otherwise required by

law.

(2) A requirement that a record or a signature associated with a record be notarized,

acknowledged, verified, witnessed, or made under oath is satisfied by a paper

printout of an electronic record bearing an electronic signature of the person

authorized to perform that act and all other information required to be included

pursuant to KRS 369.111.

(3) In accordance with KRS 369.118, a governmental agency that accepts paper

printouts of electronic records may establish rules, procedures, or requirements

governing this acceptance.
KRS § 273.253 — KY Code / Title XXIII / Chapter 273 / Section 273.253
273.253 Incorporation
Status: in_force

273.253 Incorporation.

Upon the filing of articles of incorporation with the Secretary of State, the corporate

existence shall begin, and such filing shall be conclusive evidence that all conditions

precedent required to be performed by the incorporators have been complied with and

that the corporation has been incorporated under KRS 273.161 to 273.390, except as

against the state in a proceeding to cancel or revoke the certificate of incorporation or for

involuntary dissolution of the corporation.
KRS § 277.402 — KY Code / Title XXIV / Chapter 277 / Section 277.402
277.402 Preservation of railroad corridors -- Public policy -- Preliminary declaration of state railbanking
Status: in_force

277.402 Preservation of railroad corridors -- Public policy -- Preliminary

declaration of state railbanking.

(1) It is the public policy of this state to preserve railroad corridors for future railroad

use. Toward this end, the Commonwealth recognizes that the salvage of tracks, ties,

signaling equipment, ballast, and other items may indicate an intent to maximize

return on present investment and not an intent to abandon any underlying easement

for railroad or other use and that the obtaining of federal authority to discontinue

service over or abandon a corridor does not necessarily indicate an intent to

relinquish any property interests under state law. In any civil action to determine the

status of a railroad use easement, ambiguity as to intent shall be resolved in favor of

continued preservation of the corridor.

(2) Any holder of a railroad corridor held by easement or otherwise may preserve that

corridor by filing with the Secretary of State a "Preliminary Declaration of State

Railbanking," concurrently serving a copy of the declaration on the Transportation

Cabinet. The declaration shall state the name of the entity holding the corridor, a

textual description and map of the land area encompassed by the corridor, and a

statement that the entity does not intend to abandon the corridor described in the

declaration. The entity filing the declaration may at any later time cause that

declaration to be withdrawn from the Secretary of State's files. While a preliminary

declaration of state railbanking is on file with the Secretary of State, the corridor set

out in the declaration shall not, regardless of the status or conclusion of any federal

regulatory proceeding or the salvage of track and other material from the corridor,

be deemed abandoned and shall continue to exist under Kentucky law and the

property encompassed by the corridor shall not revert to any other form of

ownership.
KRS § 189.221 — KY Code / Title XVI / Chapter 189 / Section 189.221
189.221 Basic height, width, length, and weight limits for trucks, trailers, manufactured homes, or vehicles -- Exception
Status: in_force

189.221 Basic height, width, length, and weight limits for trucks, trailers,

manufactured homes, or vehicles -- Exception.

A person shall not operate on any highway, except those highways designated by the

secretary of transportation under the provisions of KRS 189.222, or those locally

maintained highways under the provisions of KRS 189.222(12) or 189.230(4), any of the

following trucks, trailers, manufactured homes, or vehicles:

(1) Any motor truck, semitrailer, trailer, manufactured home, or vehicle which exceeds

eleven and one-half (11-1/2) feet in height or ninety-six (96) inches in width,

including any part of the body or load;

(2) Any motor truck, except a semitrailer truck, which exceeds twenty-six and one half

(26-1/2) feet in length, including any part of the body or load;

(3) Any semitrailer truck which exceeds thirty (30) feet in length, including any part of

the body or load;

(4) Any truck, semitrailer truck, or truck and trailer unit which exceeds 36,000 pounds

gross weight, including the load;

(5) Any truck, semitrailer truck, or tractor-trailer unit which exceeds a gross weight

equal to the sum of six hundred (600) pounds per inch of the combined width of the

tires upon which the vehicle may be propelled, but no more than thirty-six thousand

(36,000) pounds; and

(6) Notwithstanding the provisions of this section, any truck hauling building materials

under KRS 189.2226, or to a road construction project on a highway rated less than

the maximum weight provided above, may haul up to eighty thousand (80,000)

pounds gross weight, including the load, without a permit.
KRS § 387.530 — KY Code / Title XXXIII / Chapter 387 / Section 387.530
387.530 Filing of petition -- Contents -- Application of person or entity desiring appointment
Status: in_force

387.530 Filing of petition -- Contents -- Application of person or entity desiring

appointment.

(1) A petition for a determination of partial disability or disability and the appointment

of a limited guardian, guardian, limited conservator, or conservator may be filed by

any interested person or by an individual needing guardianship or conservatorship.

The petition shall set forth the following:

(a) The name and address of the respondent;

(b) The date of birth of the respondent, if known;

(c) The nature and degree of the alleged disability of the respondent;

(d) The facts and reasons supporting the need for guardianship or

conservatorship;

(e) A description and approximation of the value of the respondent's financial

resources, including government benefits, insurance entitlements, and

anticipated yearly income, if known;

(f) The names and addresses of the respondent's next of kin, if known;

(g) The name and address of the individual or facility, if any, having custody of

the respondent;

(h) The name, address and interest of the petitioner;

(i) The name and address of the petitioner's attorney, if any; and

(j) The name and address of any person or entity appointed by the respondent as

respondent's attorney in fact under a durable power of attorney or as

respondent's surrogate to make health care decisions under an advance

directive.

(2) The petition shall be accompanied by a verified application of the person or entity

desiring appointment as limited guardian, guardian, limited conservator, or

conservator. The application shall state the name, address, and qualifications of the

applicant and his relationship to the respondent. If it is proposed that a standby

limited guardian, guardian, limited conservator, or conservator be designated, the

petition shall also be accompanied by the application of the person or entity desiring

to be so designated. Additional petitions may be filed prior to the date of the hearing

by other persons desiring appointment.
KRS § 1.010 — KY Code / Title I / Chapter 1 / Section 1.010
1.010 Legislative intent in establishing Kentucky State Plane Coordinate System
Status: in_force

1.010 Legislative intent in establishing Kentucky State Plane Coordinate System.

It is the intent of the General Assembly of the Commonwealth of Kentucky that KRS

1.020 shall not eliminate the existing methods of describing points on, within, or above

the surface of the earth, as in metes and bounds or, in western Kentucky, the public land

system, but rather to enhance these existing methods and establish a conformity for

defining and stating the geographic positions or locations of points on, within, or above

the surface of the earth and retracement purposes.
KRS § 363.9055 — KY Code / Title XXIX / Chapter 363 / Section 363.9055
363.9055 Use of biodiesel fuel blends encouraged
Status: in_force

363.9055 Use of biodiesel fuel blends encouraged.

(1) As used in this section, "biodiesel fuel" means a biodegradable, combustible liquid

fuel derived from renewable fats and vegetable oils that meets ASTM International

specification D6751 and is suitable for blending with petroleum-based diesel fuel

for use in diesel engines.

(2) The General Assembly strongly encourages that, beginning on January 1, 2006, all

diesel fuel sold or offered for sale in the Commonwealth and reformulated to

achieve federally mandated sulfur reduction requirements use biodiesel in a blend

not less than two percent (2%) by volume to meet those requirements.
KRS § 189.260 — KY Code / Title XVI / Chapter 189 / Section 189.260
189.260 Display of plates by commercial vehicles -- Registration to be kept in truck
Status: in_force

189.260 Display of plates by commercial vehicles -- Registration to be kept in truck.

Every motor vehicle licensed under KRS 186.050(3) through (14) shall display all plates

issued by the county clerk. Except as provided in KRS 186.045, the registration receipt

shall be kept in the truck at all times and shall be available for inspection.
KRS § 244.370 — KY Code / Title XX / Chapter 244 / Section 244.370
244.370 Whiskey to be aged -- Exception if not labeled as Kentucky whiskey
Status: in_force

244.370 Whiskey to be aged -- Exception if not labeled as Kentucky whiskey.

No whiskey produced from grains which are cooked, fermented, and distilled in

Kentucky, except whiskey the barrel containing which is branded "Corn Whiskey"

under the internal revenue laws, shall be bottled in Kentucky or removed from this

state unless such whiskey has been aged in oak barrels for a period of not less than

one (1) full year; provided, however, that whiskey aged less than one (1) year may

be removed from the state and bottled, or bottled in Kentucky, if the word "Kentucky"

or any word or phrase implying Kentucky origin does not appear on the front label or

elsewhere on the retail container or package except in the name and address of the

distiller as required by federal regulation. For violations of this section, the

department shall revoke the permit of the licensee from whose warehouse or

premises such whiskey shall have been removed or in which such whiskey shall

have been bottled.
KRS § 367.682 — KY Code / Title XXIX / Chapter 367 / Section 367.682
367.682 Expiration of contact lens prescription
Status: in_force

367.682 Expiration of contact lens prescription.

Unless a health-related reason for the limitation is noted in the patient's medical records,

contact lens prescriptions shall not have an expiration date of less than twelve (12)

months from the date the prescription is authorized or the last date of the contact lens

evaluation by a licensed optometrist, osteopath, or physician, whichever date is later. In

no event shall a contact lens prescription be valid twelve (12) months after the date of

authorization by a licensed optometrist, osteopath, or physician.
KRS § 7B.060 — KY Code / Title II / Chapter 7B / Section 7B.060
7B.060 Purpose of center -- Statewide scanning program -- Biennial trends report -- Other duties
Status: in_force

7B.060 Purpose of center -- Statewide scanning program -- Biennial trends report -

- Other duties.

(1) The purpose of the Kentucky Long-Term Policy Research Center is to serve as a

catalyst to change the way decisions are made in government by providing

decision-makers a broader context in which to make decisions, taking into

consideration the long-term implications of policy, critical trends, and emerging

issues which may have a significant impact on the state.

(2) At the direction of the board, the center shall:

(a) Establish a statewide scanning program to review information sources and

identify emerging issues for the Commonwealth, and regularly provide the

program's findings to the legislative and executive branches;

(b) 1. Prepare biennially a report on trends in the Commonwealth and the

long-term implications of those trends;

2. As part of the report, sponsor a public forum to review the findings of

the trends report and obtain reactions from executive branch agencies,

legislative committees, private sector representatives, and the public;

3. Include in the report a record of the trends, long-term implications, and

reactions, to be completed by December 31 of even-numbered years and

presented to the General Assembly, to the Governor, and to the public;

and

4. The biennial trends report shall be given affirmative consideration by

the agencies and branches of state government when those agencies and

branches are determining budget priorities;

(c) Identify long-term issues significant to the Commonwealth by using a

methodology involving a broad spectrum of citizens and establish annual

work plans focusing on the priority issues approved by the board. Studies

shall include the potential long-term effects of current trends and policies and

shall identify future policy options;

(d) Periodically prepare a report on alternative futures facing the Commonwealth

for a five (5) or ten (10) year period, or for a period deemed appropriate by

the board;

(e) Advise the General Assembly and the Governor of potential long-term effects

of government policies;

(f) Develop an information process to inform the public continually on long-term

issues, critical trends, and alternative futures;

(g) Develop a database for trend identification.