FrankGoortani/open-us-law huggingface dataset:
KRS § 500.095 — KY Code / Title L / Chapter 500 / Section 500.095
500.095 Alternative sentence of community work
Status: in_force

500.095 Alternative sentence of community work.

(1) In every case in which a person pleads guilty to or is convicted of a crime

punishable by imprisonment, the judge shall consider whether the person should be

sentenced to a term of community service as an alternative to the prison term. The

term of community service shall not be shorter than the length of the prison term

nor longer than twice the length of the prison term. Failure to complete the

prescribed term of community service shall be deemed a probation violation and

shall subject the defendant to serve the prison service originally fixed by the court

or jury.

(2) The clerk of the Circuit Court, under the direction of the Circuit Judges of the

circuit and in cooperation with the Administrative Office of the Courts and the

governmental units within the jurisdiction of the Circuit Court, shall maintain a

schedule of community service work and projects for use by judges in setting

alternative sentences. Any city, county, urban-county, or other governmental unit

desiring to participate in alternative sentence community service work and projects

shall submit to the clerk, on or before January 1, 1991, and every six (6) months

thereafter, a list of community service work and projects it proposes for inclusion in

the schedule.

(3) The Administrative Office of the Courts, under the direction of the Supreme Court,

shall prepare a schedule of approved categories of alternative sentences which shall

be disseminated to all judges and circuit clerks.
KRS § 367.621 — KY Code / Title XXIX / Chapter 367 / Section 367.621
367.621 Applicability of KRS 367.620 to 367.628
Status: in_force

367.621 Applicability of KRS 367.620 to 367.628.

In the event of a conflict between KRS 367.620 to 367.628 and any other law, KRS

367.620 to 367.628 shall control.
KRS § 247.655 — KY Code / Title XXI / Chapter 247 / Section 247.655
247.655 Rules governing holding of referendum prescribed by Commissioner -- Notice
Status: in_force

247.655 Rules governing holding of referendum prescribed by Commissioner --

Notice.

The hours, voting places, rules and regulations, and the area within which the referendum

will be conducted shall be established and determined by the Commissioner of

Agriculture; the said referendum date, area, hours, voting places, rules and regulations

with respect to the holding of the referendum shall be published by the Commissioner

through the medium of the public press in the Commonwealth of Kentucky at least thirty

(30) days before the holding of such referendum, and direct written notice thereof shall

likewise be given to each county or area agricultural extension agent in any county

covered by such referendum. Such notice shall likewise contain a statement of the

amount of the assessment proposed to be levied, and shall likewise state the method by

which such assessment shall be collected and how the proceeds thereof shall be

administered and the purposes to which the same shall be applied, which purposes shall

be in keeping with the provisions of KRS 247.610 to 247.685.
KRS § 202A.251 — KY Code / Title XVII / Chapter 202A / Section 202A.251
202A.251 Prohibition against detention in jail without criminal charges pending -- Criminal charges not to be placed to avoid transportation
Status: in_force

202A.251 Prohibition against detention in jail without criminal charges pending --

Criminal charges not to be placed to avoid transportation.

No person held under the provisions of this chapter shall be detained in jail unless

criminal charges are also pending. No peace officer or any other person shall place

criminal charges against a person who is mentally ill and in need of hospitalization

pursuant to this chapter solely or primarily for the purpose of avoiding transporting the

person to a hospital or psychiatric facility.
KRS § 273.470 — KY Code / Title XXIII / Chapter 273 / Section 273.470
273.470 Entities organized for charitable purposes related to disasters -- Requirement for filing financial reports when contributions exceed $25,000 -- Filing requirements for other tax exempt organizations which solicited and received contributions exceeding $25,000 before June 25, 2013
Status: in_force

273.470 Entities organized for charitable purposes related to disasters --

Requirement for filing financial reports when contributions exceed $25,000 --

Filing requirements for other tax exempt organizations which solicited and

received contributions exceeding $25,000 before June 25, 2013.

(1) (a) Any entity organized for charitable purposes under Section 501(c)(3) of the

Internal Revenue Code, other than a religious organization that is recognized

as tax exempt under Section 501(c)(3) of the Internal Revenue Code, that

solicits and receives contributions exceeding twenty-five thousand dollars

($25,000) for a charitable purpose related to a disaster in Kentucky shall file

quarterly financial reports with the Secretary of State until the funds are

expended. The quarterly reports shall be in a form and format determined by

the Secretary of State and shall contain at a minimum the following:

1. The amount of money received as a result of the solicitation at the time

that the report is filed;

2. Where the funds collected as a result of the solicitation are spent; and

3. The amount of funds collected that are used for administrative costs.

(b) The first quarterly report shall be filed no later than the last day of the third

month following the commencement of solicitations.

(2) Any entity organized for charitable purposes under Section 501(c)(3) of the Internal

Revenue Code, other than a religious organization that is recognized as tax exempt

under Section 501(c)(3) of the Internal Revenue Code, which solicited and received

contributions exceeding twenty-five thousand dollars ($25,000) for a charitable

purpose related to a disaster in Kentucky between January 1, 2012, and June 25,

2013, shall file a financial report with the Secretary of State. The financial report

shall be in a form and format determined by the Secretary of State and shall contain

at a minimum the following:

(a) The amount of money received as a result of the solicitation;

(b) Where the funds collected as a result of the solicitation were spent; and

(c) The amount of the funds collected that was used for administrative costs.
KRS § 350.250 — KY Code / Title XXVIII / Chapter 350 / Section 350.250
350.250 Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet
Status: in_force

350.250 Complaints of violation -- Mandamus -- Civil action by person adversely

affected by violation -- Intervention by cabinet.

(1) Any person with an interest which is or may be adversely affected having

knowledge that any of the provisions of this chapter or regulations adopted

thereunder are not being enforced by any public officer or employee, whose duty it

is to enforce such provisions of this chapter and regulations thereunder, may bring

such failure to enforce the law to the attention of such public officer or employee.

To provide against unreasonable and irresponsible demands being made, all such

demands to enforce the law must be in writing, under oath, with facts set forth

specifically stating the nature of the failure to enforce the law. If such public officer

or employee neglects or refuses for any unreasonable time but in no event longer

than sixty (60) days after demand to enforce such provision, any such person shall

have the right to bring an action of mandamus in the Circuit Court of the county in

which the operation which relates to the alleged lack of enforcement is being

conducted; provided, that any action pursuant to this section may be brought

immediately after a demand for enforcement when the violation or order

complained of constitutes an imminent threat to the health or safety of the

complaining person or would immediately affect a legal interest of the complaining

person. The court, if satisfied that any provision of this chapter or regulation

thereunder is not being enforced, shall make an appropriate order compelling the

public officer or employee, whose duty it is to enforce such provision, to perform

his duties, and upon failure to do so such public officer or employee shall be held in

contempt of court and shall be subject to the penalties provided by the laws of the

Commonwealth in such cases.

(2) The court having jurisdiction of a complaint made pursuant to subsection (1) of this

section may in its final order award costs of litigation (including attorney and expert

witness fees) to any party, whenever the court determines such an award is

appropriate.

(3) Any person who is or may be adversely affected by the violation by any person of

any rule, regulation, order or permit issued pursuant to this chapter may bring a civil

action for injunctive relief or for damages or both (including reasonable attorney

and expert witness fees) in the Circuit Court of the county in which the surface coal

mining operation complained of is located. Nothing in this subsection shall be

construed to be a waiver of sovereign immunity by the Commonwealth.

(4) In such action under this section, the cabinet, if not a party, may intervene as a

matter of right.
KRS § 202B.080 — KY Code / Title XVII / Chapter 202B / Section 202B.080
202B.080 Title of chapter
Status: in_force

202B.080 Title of chapter.

This chapter may be cited as the "Kentucky Admission Act for Individuals with an

Intellectual Disability".
KRS § 441.800 — KY Code / Title XL / Chapter 441 / Section 441.800
441.800 Creation of regional jail authority -- Powers of authority
Status: in_force

441.800 Creation of regional jail authority -- Powers of authority.

(1) Two (2) or more counties may by ordinances establish a regional jail authority.

(2) The authority shall constitute a public body corporate and politic, exercising public

and essential governmental functions, and having all the powers necessary or

convenient to carry out and effectuate the purposes and provisions of this section

and KRS 441.810, including, but not limited to, the following powers:

(a) To sue and be sued; to have a seal and to alter the same at pleasure; to have

perpetual succession; to make and execute contracts and other instruments

necessary or convenient to the exercise of the powers of the authority; and to

make and from time to time amend and repeal bylaws, rules and regulations to

carry into effect the powers and purposes of the authority;

(b) To acquire property by lease or purchase, construct, reconstruct or renovate a

regional jail and to provide for the operation and maintenance of the facility;

and

(c) To exercise the power, authority and duties of counties under this chapter and

other provisions of the Kentucky Revised Statutes related to the operations of

jails and the incarceration of prisoners.
KRS § 417.160 — KY Code / Title XXXVII / Chapter 417 / Section 417.160
417.160 Vacating an award
Status: in_force

417.160 Vacating an award.

(1) Upon application of a party, the court shall vacate an award where:

(a) The award was procured by corruption, fraud or other undue means;

(b) There was evident partiality by an arbitrator appointed as a neutral or

corruption in any of the arbitrators or misconduct prejudicing the rights of any

party;

(c) The arbitrators exceeded their powers;

(d) The arbitrators refused to postpone the hearing upon sufficient cause being

shown therefor or refused to hear evidence material to the controversy or

otherwise so conducted the hearing, contrary to the provisions of KRS

417.090, as to prejudice substantially the rights of a party; or

(e) There was no arbitration agreement and the issue was not adversely

determined in proceedings under KRS 417.060 and the party did not

participate in the arbitration hearing without raising the objection; but the fact

that the relief was such that it could not or would not be granted by a court is

not ground for vacating or refusing to confirm the award.

(2) An application under this section shall be made within ninety (90) days after

delivery of a copy of the award to the applicant; except that, if predicated upon

corruption, fraud or other undue means, it shall be made within ninety (90) days

after such grounds are known or should have been known.

(3) In vacating the award on grounds other than stated in paragraph (a) of subsection (1)

of this section, the court may order a rehearing before new arbitrators chosen as

provided in the agreement, or in the absence thereof, by the court in accordance

with KRS 417.070; or, if the award is vacated on grounds set forth in paragraphs (c)

and (d) of subsection (1) of this section, the court may order a rehearing before the

arbitrators who made the award or their successors appointed in accordance with

KRS 417.070. The time within which the agreement requires the award to be made

is applicable to the rehearing and commences on the date of the order.

(4) If the application to vacate is denied and no motion to modify or correct the award

is pending, the court shall confirm the award.
KRS § 436.009 — KY Code / Title XL / Chapter 436 / Section 436.009
436.009 Waiver and estoppel of right to bring civil action are void
Status: in_force

436.009 Waiver and estoppel of right to bring civil action are void.

(1) A waiver, purported waiver, or estoppel of a person's right to bring a civil action

under KRS 436.002 or 436.004, or of any remedy or any other protection provided

by KRS 436.001 to 436.009, shall be void and unenforceable as against public

policy, and a court or arbitrator shall not enforce or give effect to any waiver or

estoppel, notwithstanding any choice-of-law or other provision in any contract or

other agreement.

(2) The waiver and estoppel prohibition under subsection (1) of this section:

(a) Shall not apply to contractual waivers to the extent any application of the

prohibition would impair the obligation of contract in violation of the

Constitution of Kentucky or the Constitution of the United States;

(b) Is a public policy limitation on contractual and other waivers or estoppels; and

(c) Shall be enforced to the full extent permitted by the Constitution of Kentucky

and the Constitution of the United States.

(3) Any contract, agreement, or arrangement made or entered in violation of KRS

436.001 to 436.009 shall be void and unenforceable as against public policy.
KRS § 142.120 — KY Code / Title XI / Chapter 142 / Section 142.120
142.120 Examination and audit of returns -- Assessment for additional amount due and arrearages -- Protest and appeal rights
Status: in_force

142.120 Examination and audit of returns -- Assessment for additional amount due

and arrearages -- Protest and appeal rights.

(1) As soon as practicable after each return required by KRS 142.115 is received, the

department may examine and audit the return. If the amount due as computed by the

department is greater than the amount remitted by the retailer, the difference shall

be assessed by the department on behalf of the board within four (4) years from the

date prescribed by law for filing of the return, except as provided in this section. A

notice of assessment shall be mailed to the retailer.

(2) In case of a failure to file a return or the filing of a fraudulent return, the resulting

arrearage may be assessed by the department at any time.

(3) A retailer may request a review of an action of the department and shall have the

rights of protest and appeal as set forth in KRS 131.110.
KRS § 74.350 — KY Code / Title IX / Chapter 74 / Section 74.350
74.350 County may pay part costs
Status: in_force

74.350 County may pay part costs.

Any county may, by resolution of the fiscal court, pay any part of the costs of establishing

or purchasing a water line or water system.
KRS § 211.015 — KY Code / Title XVIII / Chapter 211 / Section 211.015
211.015 Definitions for KRS 211.005 to 211.380
Status: in_force

211.015 Definitions for KRS 211.005 to 211.380.

(1) As used in KRS 211.005 to 211.380, unless the context requires otherwise:

(a) "Cabinet" means the Cabinet for Health and Family Services;

(b) "Farmstead" means a farm dwelling, together with other farm buildings

and structures incident to the operation and maintenance of the farm,

situated on ten (10) contiguous acres or more of land outside the

corporate limits of a municipality:

1. Used for the production of livestock, livestock products, poultry,

poultry products, dairy, dairy products, or horticulture products or for

the growing of crops such as, but not limited to, tobacco, corn,

soybeans, and wheat. For purposes of this paragraph, "livestock"

means cattle, sheep, swine, goats, horses, alpacas, llamas,

buffaloes, or any other animals of the bovine, ovine, porcine,

caprine, equine, or camelid species; or

2. Where devoted to and meeting the requirements and qualifications

for payments pursuant to agriculture programs under an agreement

with the state or federal government;

(c) "Secretary" means the secretary of the Cabinet for Health and Family

Services; and

(d) "Private water supply" means a residential water supply located on

private property under the control of a person holding a possessory

interest in the property, the use of which is limited to family members.

(2) As used in KRS 200.560 and 200.550, unless the context otherwise requires:

(a) "Department" means Department for Public Health;

(b) "Commissioner" means the commissioner of the Department for Public

Health;

(c) "Committee" means the Hemophilia Advisory Committee; and

(d) "Hemophilia" means a bleeding disorder resulting from a genetically

determined deficiency factor in the blood, or hereditarily resulting in an

abnormal or deficient plasma procoagulant.
KRS § 335.315 — KY Code / Title XXVI / Chapter 335 / Section 335.315
335.315 Immunity from personal liability for board members and agents for official acts
Status: in_force

335.315 Immunity from personal liability for board members and agents for

official acts.

Members of the board and its agents shall be immune from personal liability in any

action, civil or criminal, which is based upon any official act or acts performed

reasonably and in good faith by the board member, agent, or employee.
KRS § 67A.770 — KY Code / Title IX / Chapter 67A / Section 67A.770
67A.770 Deposit of prepayments and bond sale proceeds -- Security -- Disbursements
Status: in_force

67A.770 Deposit of prepayments and bond sale proceeds -- Security --

Disbursements.

As prepayments are received and when the bonds are delivered and the proceeds are

received by the urban-county government, the same shall be deposited in an interest-

bearing account in a bank or trust company, or combined bank and trust company, and to

the extent such deposit may exceed insurance provided by federal deposit insurance

corporation (if the depository be a member thereof, otherwise the full amount), the same

shall be secured by a valid pledge of bonds or notes of the United States government, or

fully guaranteed thereby, having at all times a market value equal to the undisbursed

balance of such deposit; or shall be secured in such other manner as the governing body

may prescribe or approve. Costs of the project which may then be earned and payable,

may be paid forthwith. There shall be set aside into the sinking fund, hereinafter created,

a sum from bond proceeds equal to all interest which will accrue on said bonds until the

date when the first improvement assessment levied in connection therewith will become

due and payable. The remainder may be disbursed from time to time in payment of costs

of the project, as herein defined, except that payments on account of the construction

contracts shall not exceed ninety percent (90%) of the amount shown by a written

certificate of the engineer to have been earned for materials furnished and/or labor

performed by any contractor, the retained ten percent (10%) to be disbursed only upon

final acceptance of the finished work of such contractor. If, after completion, acceptance

and payment of the work of all contractors, and the payment of all costs of the

improvement project, as herein defined, there shall remain an unexpended balance of

bond proceeds, such balance shall be transferred to the sinking fund created and

maintained in connection with the project, as provided in KRS 67A.800. The advanced

installment and the one-half of one percent (0.5%) collected pursuant to KRS 67A.755

shall be part of the sinking fund.
KRS § 376.180 — KY Code / Title XXXI / Chapter 376 / Section 376.180
376.180 Lien attaches when business is transferred, suspended or attached -- Enforcement
Status: in_force

376.180 Lien attaches when business is transferred, suspended or attached --

Enforcement.

When any company or establishment referred to in KRS 376.150 suspends, sells or

transfers its business, or when the property or effects engaged in the business are taken in

attachment or execution so that the business is stopped or suspended, a lien shall attach as

provided in KRS 376.150 and may be enforced by proceedings in equity.
KRS § 299.110 — KY Code / Title XXV / Chapter 299 / Section 299.110
299.110 Election of officers
Status: in_force

299.110 Election of officers.

At the stated meeting for the election of officers, trustees, directors or managers, an

attendance of a majority of the persons entitled to vote at the meeting shall not be

necessary for a quorum. A failure to elect on the day designated for the meeting shall not

dissolve a company, but the election may be held on a subsequent day on the same notice

as required for the stated meeting. A newspaper publication of a bylaw regulating an

election shall not be necessary to its validity.
KRS § 91.630 — KY Code / Title IX / Chapter 91 / Section 91.630
91.630 Capital of individuals and unincorporated companies, how assessed
Status: in_force

91.630 Capital of individuals and unincorporated companies, how assessed.

Whenever any person or association of persons not a corporation and not having capital

stock engages in this state in the business of a trust company or a guaranty or security

company, the capital and property, or the certificates or other evidences of right or

interest in the business or in the capital and property employed therein, shall be treated as

the capital stock of such person or association for the purposes of KRS 91.620 to 91.680,

in like manner as if such person or association were a corporation.
KRS § 96A.100 — KY Code / Title IX / Chapter 96A / Section 96A.100
96A.100 Management contracts
Status: in_force

96A.100 Management contracts.

An authority may operate any mass transit system which it establishes or acquires; or

instead of operating the same in its own name, an authority may enter into one (1) or

more management contracts for operating the same or any part thereof, under such terms

and conditions as it may determine to be proper and desirable; provided, however, any

such management contract shall retain in the authority the power to establish, and to

adjust from time to time, rates and charges to be exacted from the public for use of the

services and facilities referred to therein, and the power to issue revenue bonds, mortgage

bonds, or other obligations of the authority payable from the income and revenues

thereof.