FrankGoortani/open-us-law huggingface dataset:
KRS § 65.550 — KY Code / Title IX / Chapter 65 / Section 65.550
65.550 Withdrawal of city or county -- Successors -- Agreed dissolution
Status: in_force

65.550 Withdrawal of city or county -- Successors -- Agreed dissolution.

(1) In the event that a joint riverport authority is created by cities and/or counties, and

thereafter a city or cities or county or counties desire to withdraw from

participation, then the remaining participants may jointly choose a successor

member or members of the authority. No such withdrawing city or cities or county

or counties shall be entitled to the return of any money or property advanced such

authority.

(2) Notwithstanding the provisions of subsection (1), any cities and/or counties which

have established a joint riverport authority as provided for herein, may provide by a

mutual written agreement between such cities and/or counties, and the joint

riverport authority, that such joint riverport authority may be dissolved and may

further provide that upon such complete termination, all funds, property and other

assets held by the joint riverport authority shall be returned to such cities and/or

counties in the same proportion as contributions of funds, property and other assets

were made by such cities and/or counties. This section shall not apply and no

dissolution shall be made until such time as all legal obligations of the joint

riverport authority shall be satisfied and all existing commitments fulfilled.
KRS § 227.200 — KY Code / Title XIX / Chapter 227 / Section 227.200
227.200 Definitions for KRS 227.200 to 227.400
Status: in_force

227.200 Definitions for KRS 227.200 to 227.400.

As used in KRS 227.200 to 227.400, unless the context otherwise requires:

(1) "Commissioner" means the commissioner of housing, buildings and construction;

(2) "Department" means the Department of Housing, Buildings and Construction;

(3) "Fire investigator" means a deputy fire marshal who has been appointed by the state

fire marshal to be a fire investigator and to exercise peace officer powers in order to

investigate crimes set out in KRS Chapter 513 and other crimes discovered in the

course of investigation;

(4) "Fire loss" means loss of or damage to property, loss of life or personal injury, by

fire, lightning, or explosion;

(5) "Local legislative body" means the chief legislative body of a city, county, urban-

county government, consolidated local government, charter county government, or

unified local government;

(6) "Local government" means a city, county, urban-county government, consolidated

local government, charter county government, or unified local government;

(7) "Order" or "special order" means an order of the state fire marshal, designed for the

prevention of fire loss, that affects or may affect the property rights of a particular

owner or designated property;

(8) "Owner" means any person who owns, occupies, or has charge of any property;

(9) "Property" means property of all types, both real and personal, movable and

immovable; and

(10) "Rule" or "regulation" means a general order of the commissioner, designed for the

prevention of fire loss, which affects or may affect property rights of a designated

class of owners or for the prevention of fire loss by certain indicated hazards.
KRS § 343.080 — KY Code / Title XXVII / Chapter 343 / Section 343.080
343.080 Applicability of terms or provisions of chapter
Status: in_force

343.080 Applicability of terms or provisions of chapter.

(1) Nothing in this chapter or in any apprenticeship or on-the-job training agreement

approved under this chapter shall operate to invalidate:

(a) Any apprenticeship or on-the-job training provision in any collective

agreement between employers and employees setting up higher standards; or

(b) Any special provision for veterans, minority persons, or women in the

standards, apprentice qualifications, or operation of the program, or in the

apprenticeship agreement, which is not otherwise prohibited by law, executive

order, or administrative regulation.

(2) None of the terms or provisions of this chapter shall apply to any person, firm,

corporation, or occupation, unless such person, firm, corporation, or occupation

voluntarily elects that the terms and provisions of this chapter shall apply.
KRS § 168.070 — KY Code / Title XIII / Chapter 168 / Section 168.070
168.070 Executive committee
Status: in_force

168.070 Executive committee.

At such organizational meeting, or at any subsequent meeting, the authority may elect an

executive committee, not less than three (3) in number, of which the chairman or vice

chairman of the authority shall be a member and the presiding officer. The powers of the

executive committee to transact business between meetings of the authority shall be

defined, and may be limited, but it shall not be provided that actions of the executive

committee within its defined powers and limitations are subject to review, or not final and

binding as actions of the authority. The executive committee shall preserve minutes of its

proceedings, and file a written copy thereof with the secretary at or before the next

ensuing regular meeting of the authority.
KRS § 425.076 — KY Code / Title XXXIX / Chapter 425 / Section 425.076
425.076 Issuance of ex parte writ of possession
Status: in_force

425.076 Issuance of ex parte writ of possession.

(1) A judicial officer, except as otherwise provided by statute, shall not issue an ex

parte writ of possession unless it appears from facts shown by affidavit that great or

irreparable injury would result to the plaintiff if issuance of the writ were delayed

until the matter could be heard on notice.

(2) The requirement of subsection (1) is satisfied if any of the following are known:

(a) A danger that the property sought to be attached would be concealed or placed

beyond the process of the court or substantially impaired in value if issuance

of the order were delayed until the matter could be heard on notice.

(b) The defendant gained possession of the property by wrongfully taking the

property from the plaintiff. This provision shall not apply when the defendant

has fraudulently appropriated property entrusted to him or obtained possession

by false pretense or by embezzlement.

(c) The property is a credit card.

(d) Any other circumstances showing that great or irreparable injury would result

to the plaintiff if issuance of the writ were delayed until the matter could be

heard on notice.

(3) The plaintiff's motion for the writ shall satisfy the requirements of KRS 425.011

and in addition shall include a showing that the conditions required by this section

exist. The judicial officer may issue a writ of possession if he finds that the

conditions required by this section exist and the requirements of KRS 425.036 are

met. Where a writ of possession has been issued pursuant to this section, a copy of

the summons and complaint, a copy of the motion for the writ of possession and any

affidavit in support thereof shall be served upon persons required by KRS 425.096

to be served with a writ of possession.
KRS § 248.035 — KY Code / Title XXI / Chapter 248 / Section 248.035
248.035 Membership required to operate warehouse or purchase tobacco therein
Status: in_force

248.035 Membership required to operate warehouse or purchase tobacco therein.

Every tobacco warehouse offering tobacco for sale at auction shall be a member of its

local tobacco board of trade, and membership in good standing shall be deemed to be a

reasonable requirement by such tobacco board of trade as a condition precedent to

participating in the business of operating a tobacco warehouse or the purchase of tobacco

at auction therein.
KRS § 381.140 — KY Code / Title XXXII / Chapter 381 / Section 381.140
381.140 Posthumous child may take estate in remainder
Status: in_force

381.140 Posthumous child may take estate in remainder.

When any estate is limited by deed or will in remainder to the son or daughter, or the use

of the son or daughter to be begotten of any person, such son or daughter, born after the

death of his or her parent, shall take the estate in the same manner as if he or she had been

born in the lifetime of the parent although no estate was created to support the remainder

after the death of the parent.
KRS § 15.390 — KY Code / Title III / Chapter 15 / Section 15.390
15.390 Appeal upon denial of precertification
Status: in_force

15.390 Appeal upon denial of precertification.

Any person who is aggrieved by a determination by the employing agency or by the

council that he fails to meet the requirements for precertification status may:

(1) If the determination was made by the employing agency, appeal the decision in the

same manner as other employment appeals within the agency, if an appeals

procedure has been established by the employing agency; or

(2) If the determination was made by the council, appeal the decision to the local

Circuit Court having jurisdiction over the employing agency.
KRS § 214.995 — KY Code / Title XVIII / Chapter 214 / Section 214.995
214.995 Penalties for disclosure of HIV test results or identity of person upon whom test is performed -- Exceptions
Status: in_force

214.995 Penalties for disclosure of HIV test results or identity of person upon

whom test is performed -- Exceptions.

(1) A person who discloses, intentionally in violation of KRS 214.181(5)(d) or

214.625(5)(c), the identity of a person upon whom has been conducted a test to

detect human immunodeficiency virus infection shall be guilty of a Class A

misdemeanor.

(2) A person who intentionally releases any name or other identifying information in

violation of KRS 214.645(3)(j) shall be guilty of a Class A misdemeanor.
KRS § 411.067 — KY Code / Title XXXVI / Chapter 411 / Section 411.067
411.067 Action against operator of unmanned aircraft system
Status: in_force

411.067 Action against operator of unmanned aircraft system.

The owner, tenant, occupant, invitee, or licensee of privately owned real property may

initiate a civil action in a court of competent jurisdiction against any person, agency, or

political subdivision that violates KRS 500.130(12) and may seek:

(1) Appropriate injunctive relief;

(2) Actual damages;

(3) Punitive damages;

(4) Court costs; and

(5) Reasonable attorney's fees.
KRS § 45A.375 — KY Code / Title VI / Chapter 45A / Section 45A.375
45A.375 Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received
Status: in_force

45A.375 Negotiations after competitive sealed bidding when all bids exceed

available funds -- Action when no bids received.

(1) In the event that all bids submitted pursuant to competitive sealed bidding under

KRS 45A.365 result in bid prices in excess of the funds available for the purchase,

and the local public agency determines in writing:

(a) That there are no additional funds then available from any source so as to

permit an award to the lowest responsive and responsible bidder; and

(b) The best interest of the local public agency will not permit the delay attendant

to a resolicitation under revised specifications or revised quantities under

competitive sealed bidding as provided in KRS 45A.365; then a negotiated

award may be made as set forth in subsections (2) or (3) of this section.

(2) Where there is more than one (1) bidder, competitive negotiations pursuant to KRS

45A.370 shall be conducted with the three (3) (two (2) if there are only two (2))

bidders determined in writing by the local public agency to be the lowest responsive

and responsible bidders to the competitive sealed bid invitation after application of

the reciprocal preference for resident bidders required in KRS 45A.494. Such

competitive negotiations shall be conducted under the following restrictions:

(a) If discussions pertaining to the revision of the specifications or quantities are

held with any potential offeror, all other potential offerors shall be afforded an

opportunity to take part in such discussions; and

(b) A request for proposals, based upon revised specifications or quantities, shall

be issued as promptly as possible, shall provide for an expeditious response to

the revised requirements, and shall be awarded upon the basis of the lowest

bid price or lowest evaluated bid price submitted by any responsive and

responsible offeror after application of the reciprocal preference for resident

bidders required in KRS 45A.494. No discussion shall be conducted with

offerors after submission of proposals except for a compelling reason as

determined in writing by the local public agency. The request for proposals

shall state that award is to be made without discussions except as herein

provided.

(3) Where, after competitive sealed bidding, it is determined in writing that there is

only one (1) responsive and responsible bidder, a noncompetitive negotiated award

may be made with such bidder in accordance with KRS 45A.380.

(4) Where, after invitation for bids has been made in accordance with KRS 45A.365

and no bids have been received from responsive and responsible bidders, the local

public agency may proceed to acquire the supplies, services, or construction by

noncompetitive negotiations in accordance with KRS 45A.380.
KRS § 363.660 — KY Code / Title XXIX / Chapter 363 / Section 363.660
363.660 Police powers of director
Status: in_force

363.660 Police powers of director.

With respect to the enforcement of KRS 363.510 to 363.850 and any other law dealing

with weights and measures that he is or may be empowered to enforce, the director is

hereby vested with special police powers, and is authorized to arrest, without formal

warrant, any violator of the said law, and to seize for use as evidence, without formal

warrant, incorrect or unsealed weights and measures or amounts or packages of

commodity found to be used, retained, offered, or exposed for sale or sold in violation of

law. In the performance of his official duties, the director is authorized to enter and go

into or upon, without formal warrant, any structure or premises, and to stop any person

whatsoever and to require him to proceed, with or without any vehicle of which he may

be in charge, to some place which the director may specify.
KRS § 102.070 — KY Code / Title IX / Chapter 102 / Section 102.070
102.070 Duties of treasurer
Status: in_force

102.070 Duties of treasurer.

The treasurer shall receive all funds belonging to the chamber of commerce, including all

appropriations of the city governing body. He shall pay out the same on bills allowed by

the board of directors, upon warrants certified by the president and secretary.
KRS § 76.010 — KY Code / Title IX / Chapter 76 / Section 76.010
76.010 Joint metropolitan sewer district authorized in cities with population of 20,000 or more and counties containing such cities -- Corporate powers
Status: in_force

76.010 Joint metropolitan sewer district authorized in cities with population of

20,000 or more and counties containing such cities -- Corporate powers.

In the interest of the public health and for the purpose of providing adequate sewer and

drainage facilities in and around each city with a population equal to or greater than

twenty thousand (20,000) based upon the most recent federal decennial census and in

each county containing a city with a population equal to or greater than twenty thousand

(20,000) based upon the most recent federal decennial census, there may be created and

established a joint metropolitan sewer district under the provisions of KRS 76.010 to

76.210, having the powers, duties and functions as herein prescribed, to be known by and

under the name of .... (Name of city) and .... (Name of county) metropolitan sewer

district, which district under that name shall be a public body corporate, and political

subdivision, with power to adopt, use, and alter at its pleasure a corporate seal, sue and be

sued, contract and be contracted with, and in other ways to act as a natural person, within

the purview of KRS 76.010 to 76.210.
KRS § 211.894 — KY Code / Title XVIII / Chapter 211 / Section 211.894
211.894 Conditions for relinquishing of ownership of low-level nuclear waste disposal site -- Commonwealth policy as to sites or facilities -- Contracts or agreements with federal government
Status: in_force

211.894 Conditions for relinquishing of ownership of low-level nuclear waste

disposal site -- Commonwealth policy as to sites or facilities -- Contracts or

agreements with federal government.

(1) The Governor, the secretary of the Cabinet for Health and Family Services, the

secretary of the Energy and Environment Cabinet or any other state agency shall not

enter into a contract or an agreement of any kind with the federal government

relinquishing ownership of a low-level nuclear waste disposal site located in the

Commonwealth without prior approval of a majority of the members of the

Kentucky House of Representatives and a majority of the members of the Kentucky

Senate.

(2) It shall be the policy of the Commonwealth to retain final authority for approving or

disapproving the locating, opening, closing, or reopening of a nuclear waste

disposal site or facility within its borders.

(3) The Governor or appropriate state agencies may enter into contracts and agreements

with the federal government relating to nuclear waste disposal sites located in the

Commonwealth on July 15, 1980, that do not violate the provisions of subsections

(1) and (2) of this section.
KRS § 98.370 — KY Code / Title IX / Chapter 98 / Section 98.370
98.370 Personnel -- Civil service
Status: in_force

98.370 Personnel -- Civil service.

The personnel of the department, except the director of welfare and his private secretary,

shall be in the classified service from the date of the establishment of the department; and

until such time as the county has an appropriate civil service facility, the positions and

places of employment shall be subject to the jurisdiction of the civil service board of the

first-class city contained in such county, and shall be governed by and made subject to the

provisions of KRS 90.110 to 90.230, with the exception of KRS 90.210. Insofar as

practicable, and as may be provided for in any agreements executed in pursuance of KRS

98.300 to 98.390, all employees holding positions in the classified civil service, who have

been appointed on the basis of a competitive examination and whose duties are

transferred or may be transferred to the county department of welfare, shall be utilized for

duties of a similar character and in the same class by the appointing authority. Persons not

in the classified service, upon transfer, shall be included in the classified service

hereunder and shall be considered as having satisfied all the requirements for obtaining

original appointments and having completed their probationary periods of employment in

the same or similar class or position held at the time of their transfer. The employees of

any local public welfare department or agency administered by the department under KRS

98.330 and 98.340 shall be, insofar as it is economical and as may be provided in any

agreements executed in pursuance of KRS 98.300 to 98.390, retained as employees of the

department and become subject to the laws, rules and regulations of the classified service,

as are other employees of the department. This section shall not be construed to compel

the appointment of more employees than are necessary to perform properly the duties of

the department nor as applying to persons employed less than six (6) months prior to their

transfer to the department.
KRS § 338.071 — KY Code / Title XXVII / Chapter 338 / Section 338.071
338.071 Kentucky Occupational Safety and Health Review Commission -- Membership -- Terms -- Quorum -- Hearings -- Regulations -- Compensation -- Employees
Status: in_force

338.071 Kentucky Occupational Safety and Health Review Commission --

Membership -- Terms -- Quorum -- Hearings -- Regulations --

Compensation -- Employees.

(1) There is hereby established the Kentucky Occupational Safety and Health

Review Commission consisting of three (3) members appointed by the

Governor on the basis of their experience and competence in the fields of

occupational safety and health. The members selected shall be qualified to

represent the interest of employers, employees, and the occupational safety

and health profession with a minimum of five (5) years experience in their

respective fields.

(2) Members of the review commission shall serve terms of four (4) years and until

their successors are appointed.

(3) The review commission shall hold monthly meetings and additional meetings

as deemed necessary. A majority of the review commission constitutes a

quorum for the transaction of business. Special meetings of the review

commission may be called upon reasonable notice by the commissioner or by

any two (2) members of the commission.

(4) The review commission shall hear and rule on appeals from citations,

notifications, and variances issued under the provisions of this chapter and

adopt and promulgate rules and regulations with respect to the procedural

aspect of its hearings.

(5) The review commission shall have the authority to employ a secretary, hearing

officers, and other employees as may become necessary.

(6) The chairman of the commission and each of the other two (2) members shall

be paid a salary fixed under KRS 64.640.

(7) The secretary of the commission shall be paid a salary to be fixed by the

commission, with the approval of the Governor. The commission shall fix the

compensation of all its other employees.

(8) The commissioners and the secretary and employees of the commission are

entitled to all necessary expenses incurred in traveling on business of the

commission.

(9) The commission shall be attached to the Education and Labor Cabinet for

administrative purposes only.
KRS § 190.0451 — KY Code / Title XVI / Chapter 190 / Section 190.0451
190.0451 New motor vehicle dealer license -- Prohibition against licensing new dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year duration of prohibition
Status: in_force

190.0451 New motor vehicle dealer license -- Prohibition against licensing new

dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year

duration of prohibition.

(1) Except as provided in subsections (2) and (3) of this section, if a dealer licensed

under this chapter has its franchise revoked by the manufacturer on or after January

1, 2009, for grounds other than those provided in KRS Chapter 190, the

commission shall not grant a new motor vehicle dealer license establishing a new

motor vehicle dealership, or relocating an existing new motor vehicle dealership,

within a ten (10) mile radius of a location at which a former licensed new motor

vehicle dealer for the same line make of new motor vehicles had its franchise

revoked.

(2) If the manufacturer can show proof that the franchise was offered to the original

franchisee at substantially similar terms as offered to other potential buyers, and the

original franchisee refused the offer, then the prohibition in subsection (1) of this

section shall not apply and the commission may grant a new motor vehicle dealer

license within the ten (10) mile radius described in subsection (1) of this section.

(3) The prohibition against granting a new motor vehicle dealer license outlined in

subsection (1) of this section shall remain in effect for ten (10) years from the date

of revocation of the original franchise by the manufacturer.
KRS § 147.075 — KY Code / Title XII / Chapter 147 / Section 147.075
147.075 State Planning Committee
Status: in_force

147.075 State Planning Committee.

As used in KRS 147.070 to 147.120 the term "Governor's Cabinet" shall mean the

"Governor's Executive Cabinet" and such other persons as the Governor may designate to

compose the membership of the "State Planning Committee." The Governor shall serve as

chairman of the State Planning Committee, and shall appoint a vice chairman from

committee membership at his or her discretion. The special assistant to the Governor for

budget and management shall serve as secretary.