FrankGoortani/open-us-law huggingface dataset:
KRS § 367.46999 — KY Code / Title XXIX / Chapter 367 / Section 367.46999
367.46999 Penalties for violation -- Concurrent enforcement powers of Attorney General
Status: in_force

367.46999 Penalties for violation -- Concurrent enforcement powers of Attorney

General.

(1) Any person, including, but not limited to, a merchant, a telemarketer, a salesperson,

agent or representative of the merchant, or an independent contractor, who

knowingly violates any provision of KRS 367.46951 to 367.46999 or engages in

any act, practice, or course of business which operates or would operate as fraud or

deceit upon any person in connection with a sale shall be guilty of a Class D felony,

except that any person who violates KRS 367.46955(7) to (16) shall be guilty of:

(a) A Class B misdemeanor for the first offense that shall be punishable by

imprisonment of not more than ninety (90) days, or a fine of no more than five

hundred dollars ($500), or both; and

(b) A Class A misdemeanor for any subsequent offense that shall be punishable

by imprisonment of not more than one (1) year, or a fine of not more than five

thousand dollars ($5,000), or both.

(2) Notwithstanding any other provision of law, in addition to the penalties

provided in this section, any person found guilty of violating KRS

367.46955(9) shall pay restitution of any financial benefit secured through

conduct proscribed by KRS 367.46955(9).

(3) The Office of the Attorney General shall have concurrent enforcement powers as to

such felonies and misdemeanors.

(4) (a) Notwithstanding other criminal and administrative remedies, a person or class

of persons alleging:

1. Receipt of a call in violation of KRS 367.46955(9); or

2. That a number assigned to the person was misleadingly transmitted as a

caller identification number by a solicitor in violation of KRS

367.46955(9);

may bring a civil action in the county where the plaintiff resides or has his or

her principal place of business, against any person who is responsible for or

who knowingly participated in the violation.

(b) The civil action brought under paragraph (a) of this subsection may be for:

1. Appropriate injunctive relief;

2. Actual damages;

3. Actual expenses incurred, including court costs and attorney's fees; and

4. Punitive damages.
KRS § 393A.550 — KY Code / Title XXXIV / Chapter 393A / Section 393A.550
393A.550 Verified report of property
Status: in_force

393A.550 Verified report of property.

If a person does not file a report required by KRS 393A.220 or the administrator believes

that a person may have filed an inaccurate, incomplete, or false report, the administrator

may require the person to file a verified report in a form prescribed by the administrator.

The verified report shall:

(1) State whether the person is holding property reportable under this chapter;

(2) Describe property not previously reported or about which the administrator has

inquired;

(3) Specifically identify property described under subsection (2) of this section about

which there is a dispute whether it is reportable under this chapter; and

(4) State the amount or value of the property.
KRS § 119.207 — KY Code / Title X / Chapter 119 / Section 119.207
119.207 Prohibition against paying compensation based upon number or characteristics of voters registered
Status: in_force

119.207 Prohibition against paying compensation based upon number or

characteristics of voters registered.

Any person who provides compensation or makes any such expenditure as payment or

consideration for registering voters that is based upon the total number of voters a person

registers or the total number of voters a person registers in a particular party, political

group, political organization, or voters of independent status shall be guilty of a Class B

misdemeanor.
KRS § 338.161 — KY Code / Title XXVII / Chapter 338 / Section 338.161
338.161 Statistical records -- Posting of notices
Status: in_force

338.161 Statistical records -- Posting of notices.

(1) The Department of Workplace Standards shall develop and maintain a program of

collection, compilation, and analysis of occupational safety and health statistics.

Each employer shall make, keep and preserve, and make available to the

commissioner and the Secretary of the United States Department of Labor or the

Secretary of the United States Department of Health and Human Resources, such

records regarding his or her activities relating to this chapter as may be prescribed

by regulation.

(2) The Department of Workplace Standards shall also issue regulations requiring that

employers, through posting of notices or other appropriate means, keep their

employees informed of their protection and obligations under this chapter.
KRS § 96.050 — KY Code / Title IX / Chapter 96 / Section 96.050
96.050 Authorized city may regulate construction and operation of utilities
Status: in_force

96.050 Authorized city may regulate construction and operation of utilities.

The legislative body of any authorized city may, by ordinance:

(1) Direct and control the laying and construction of railroad or street railway tracks,

bridges, turnouts and switches, poles, wires, apparatus and appliances in the streets

and alleys of the city, and the location of depot grounds within the city.

(2) Require that bridges, turnouts and switches be so constructed and laid as to interfere

as little as possible with ordinary travel and the use of the streets and alleys, and that

sufficient space be kept on either side of the tracks for safe and convenient passage.

(3) Prohibit the making of running switches.

(4) Require all railroad companies to construct and keep in repair suitable crossings at

the intersections of streets, alleys, ditches, sewers and culverts, and to light and

guard the same.

(5) Require railroad companies to erect gates at street crossings.

(6) Direct the use and regulate the speed of locomotive engines, steam, electric, street

or other kind of cars within the limits of the city.

(7) Prohibit and restrain railroad companies from doing any storage and warehouse

business, or collecting money for storage, except in cases where the consignor or

consignee of goods or wares fails to remove them within a reasonable time from the

depots of such companies.

(8) Compel telephone and telegraph companies and all persons using, controlling or

managing telegraph or telephone wires to put and keep their wires underground.

(9) Compel gas and electric light companies and all persons using, controlling or

managing electric light wires for any purpose to change and relocate poles, electric

wires, conduits for electric wires, gas mains and pipes, place those above the

surface of the ground below it, change the method of conveying light, and generally

to do things conducive to the safety and comfort of the inhabitants of the city in the

premises.

(10) Regulate the manner in which electric light, telephone and telegraph wires are

placed underground, and the use of all such wires and connections therewith.

(11) As used in this section, "authorized city" means a city included on the registry

maintained by the Department for Local Government under subsection (12) of this

section.

(12) On or before January 1, 2015, the Department for Local Government shall create

and maintain a registry of cities that, as of August 1, 2014, were classified as cities

of the second class. The Department for Local Government shall make the

information included on the registry available to the public by publishing it on its

Web site.
KRS § 67C.325 — KY Code / Title IX / Chapter 67C / Section 67C.325
67C.325 Rights of officer brought before board -- Subpoenas
Status: in_force

67C.325 Rights of officer brought before board -- Subpoenas.

Procedural due process shall be afforded to any police officer brought before the board.

The officer shall be given a prompt hearing by the board, have an opportunity to confront

his or her accusers, and have the privilege of presenting the board with evidence. The

board shall have the power to issue subpoenas attested in the name of its chairman, to

compel the attendance of witnesses, to compel the production of documents and other

documentary evidence, and so far as practicable, conduct the hearing within the Kentucky

Rules of Civil Procedure. Upon a showing of proper need, the board shall issue

subpoenas to compel the attendance of witnesses, or to compel the production of

documents and other documentary evidence for the benefits of the officer or the chief at

the request of the officer or the chief.
KRS § 164.0281 — KY Code / Title XIII / Chapter 164 / Section 164.0281
164.0281 Duties of Office of Professional Education Preparation Programs
Status: in_force

164.0281 Duties of Office of Professional Education Preparation Programs.

The Office of Professional Education Preparation Programs shall coordinate, promote

and support activities designed to:

(1) Identify high school students and other individuals from designated underserved

areas of the Commonwealth who have indicated an interest in, and demonstrated

potential for pursuing professional careers;

(2) Provide special educational opportunities for such students to prepare themselves

for admission to, and graduation from, professional schools;

(3) Provide extramural (off-campus) educational opportunities for professional students

in rural and other designated underserved areas of the Commonwealth;

(4) Identify currently enrolled professional students, post-graduate trainees and

residents who are deemed to have realistic potential for recruitment to practice in

underserved areas of the Commonwealth;

(5) Provide for the intensive recruitment of such students and postgraduate trainees for

practice in underserved areas;

(6) Provide technical assistance to communities in their professional manpower

recruitment efforts.
KRS § 77.025 — KY Code / Title IX / Chapter 77 / Section 77.025
77.025 Notice of hearings
Status: in_force

77.025 Notice of hearings.

Notice of the public hearing shall be given by the county conducting the hearing by

publication pursuant to KRS Chapter 424.
KRS § 141.210 — KY Code / Title XI / Chapter 141 / Section 141.210
141.210 Auditing of returns -- Assessment of additional tax
Status: in_force

141.210 Auditing of returns -- Assessment of additional tax.

(1) As soon as practicable after each return is received, the department shall examine

and audit it.

(2) (a) 1. If the amount of tax computed by the department is greater than the

amount returned by the taxpayer, the additional tax shall be assessed and

a notice of assessment mailed to the taxpayer by the department within

four (4) years from the date the return was filed, except as otherwise

provided in this subsection.

2. In the case of a failure to file a return or of a fraudulent return the

additional tax may be assessed at any time.

3. In the case of a return where a taxpayer other than a corporation

understates his net income or omits an amount properly includable in net

income or both which understatement or omission or both is in excess of

twenty-five percent (25%) of the amount of net income stated in the

return the additional tax may be assessed at any time within six (6) years

after the return was filed.

4. In the case of a return where a corporation understates its taxable net

income or omits an amount properly includable in taxable net income or

both, which understatement or omission or both is in excess of twenty-

five percent (25%) of the amount of taxable net income stated in the

return, the additional tax may be assessed at any time within six (6)

years after the return was filed.

5. In the case of an assessment of additional tax relating directly to

adjustments resulting from a final federal adjustment, as defined in KRS

141.211, the additional tax may be assessed before the expiration of the

times provided in KRS 141.211.

6. In the case of the assessment of additional tax resulting from a decrease

of a net operating loss deduction or a capital loss deduction, resulting

from the carryback of a loss which occurs in a taxable year beginning

after December 31, 1993, the additional tax may be assessed at any time

before the expiration of the times provided for in this subsection for

assessing additional tax for the taxable year which resulted in the net

operating loss or capital loss carryback.

(b) The times provided in this subsection may be extended by agreement between

the taxpayer and the department.

(c) For the purposes of this subsection, a return filed before the last day

prescribed by law for filing the return shall be considered as filed on the last

day.

(d) Any extension granted for filing the return shall also be considered as

extending the last day prescribed by law for filing the return.

(3) If any additional tax is assessed on account of any income which has been returned

for taxation by any other taxpayer, the department, with the consent of the other

taxpayer, his personal representatives, or heirs, shall reduce the amount of the

additional tax assessed for each year by the amount of the income tax paid for that

year by the other taxpayer on account of the income in question.
KRS § 61.980 — KY Code / Title VIII / Chapter 61 / Section 61.980
61.980 Definitions for KRS 61.980 to 61.988
Status: in_force

61.980 Definitions for KRS 61.980 to 61.988.

As used in KRS 61.980 to 61.988:

(1) "Access" means the ability to receive, use, and manipulate data and operate controls

included in information technology to be in compliance with nationally accepted

accessibility and usability standards such as those established by Section 255 of the

Federal Telecommunications Act of 1996 and Section 508 of the Federal Workforce

Investment Act of 1998;

(2) "Individual with a disability" means an individual who is considered to have a

disability for the purpose of any federal or state law, and who is or would be able by

information-access-assistive technology to maintain a level of functioning or to

achieve a greater level of functioning in any major life activity;

(3) "Blind or visually impaired individual" means an individual who:

(a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or

has a limited field of vision so that the widest diameter of the visual field

subtends an angle no greater than twenty (20) degrees;

(b) Has a medically indicated expectation of visual deterioration; or

(c) Has a medically diagnosed limitation in visual functioning that restricts the

individual's ability to read and write standard print at levels expected of

individuals of comparable ability;

(4) "Covered entity" means the state or any state-assisted organization;

(5) "Deaf" or "hard of hearing" means persons who have hearing disorders and includes

people who cannot hear and understand speech clearly through the ear alone, with

or without hearing aids;

(6) "Information technology" means all electronic information processing hardware and

software, including but not limited to telecommunications and any electronic

information equipment or interconnected system that is used in the acquisition,

storage, manipulation, management, movement, control, display, switching,

interchange, transmission, or reception of audio, video, graphics, and text;

(7) "Assistive technology" means any item, piece of equipment, or product system,

whether acquired commercially off the shelf, modified, customized, fabricated, or is

otherwise an alternative means that is used to increase, maintain, or improve

functional capabilities of individuals with disabilities;

(8) "Nonvisual" means output methods not requiring sight, including but not limited to

synthesized speech and Braille;

(9) "State" means the Commonwealth of Kentucky or any of its departments, agencies,

public bodies, or other instrumentalities;

(10) "State-assisted organization" means a college, university, nonprofit organization,

person, political subdivision, school system, or other entity supported in whole or in

part by state funds;

(11) "Telecommunications" means the transmission of information, images, pictures,

voice, or data by radio, video, or other electronic or impulse means; and

(12) "Undue burden" means significant difficulty or expense, including but not limited to

a difficulty or expense associated with technical feasibility.
KRS § 262.530 — KY Code / Title XXI / Chapter 262 / Section 262.530
262.530 Landowners may petition for discontinuance of district
Status: in_force

262.530 Landowners may petition for discontinuance of district.

At any time after five (5) years from the organization of a district, twenty-five percent

(25%) of the owners of land lying within the boundaries of the district may file a petition

with the commission praying that the existence of the district be discontinued. The

commission may conduct such public meetings and public hearings upon the petition for

discontinuance as may be necessary to assist it in the consideration of it.
KRS § 151.280 — KY Code / Title XII / Chapter 151 / Section 151.280
151.280 Commencement of preparations for project without permit prohibited -- Deviation from approved plans
Status: in_force

151.280 Commencement of preparations for project without permit prohibited --

Deviation from approved plans.

(1) Any person, county, city or other political subdivision of the state who shall begin

on the site preparation for the construction, reconstruction, relocation or

improvement of any project prior to the issuance of the permit required in KRS

151.250 shall be considered as commencing without a permit and punishable by

penalties provided in KRS 151.990.

(2) Whenever plans and specifications have been approved in writing and a permit

issued by the cabinet, no person, city, county, or other political subdivision shall

deviate from the approved plans in the construction, reconstruction, relocation or

improvement unless such change is submitted in writing to the cabinet and prior

approval is received from the cabinet in writing before proceeding with the work.

Any substantial deviation from the approved plans shall be construed as

commencing without a permit and punishable by the penalties provided in KRS

151.990.
KRS § 434.685 — KY Code / Title XL / Chapter 434 / Section 434.685
434.685 Misuse of electronic information prohibited
Status: in_force

434.685 Misuse of electronic information prohibited.

(1) Any person who, with intent to defraud the issuer, the cardholder, or any other

person or organization, (a) intercepts, taps or alters electronic information between

an automated banking device and the issuer, or (b) originates electronic information

to an automated banking device or to the issuer, via any line, wire, or any other

means of electronic transmission, at any junction or terminal, or at any location

within an E.F.T. system, for the purpose of obtaining money, goods, services or

anything else of value, violates this subsection and is subject to the penalties set

forth in subsection (2) of KRS 434.730.

(2) Any person who, with intent to defraud the issuer, cardholder, or any other person

or organization, intercepts, taps or alters electronic information between an

automated banking device and the issuer, or originates electronic information to an

automated banking device or to the issuer, via any line, wire, or other means of

electronic transmission, at any junction or terminal, or at any location within the

E.F.T. system, and therefore causes funds to be transferred from one account to any

other account, violates this subsection and is subject to the penalties set forth in

subsection (2) of KRS 434.730.
KRS § 117A.090 — KY Code / Title X / Chapter 117A / Section 117A.090
117A.090 Deadline for valid military-overseas ballot
Status: in_force

117A.090 Deadline for valid military-overseas ballot.

To be valid, a military-overseas ballot shall be received by the appropriate local election

official not later than the time established by the election laws generally for the closing of

the polls, which time shall not include the extra hour during which those voters may vote

who were waiting in line to vote at the scheduled poll closing time.
KRS § 393A.650 — KY Code / Title XXXIV / Chapter 393A / Section 393A.650
393A.650 Determination of liability for unreported reportable property
Status: in_force

393A.650 Determination of liability for unreported reportable property.

If the administrator determines from an examination conducted under KRS 393A.560 that

a putative holder failed or refused to pay or deliver to the administrator property which is

reportable under this chapter, the administrator shall issue a determination of the putative

holder's liability to pay or deliver and give notice in a record to the putative holder of the

determination.
KRS § 65.2001 — KY Code / Title IX / Chapter 65 / Section 65.2001
65.2001 Application and construction of KRS 65.2002 to 65.2006
Status: in_force

65.2001 Application and construction of KRS 65.2002 to 65.2006.

(1) Every action in tort against any local government in this Commonwealth for death,

personal injury or property damages proximately caused by:

(a) Any defect or hazardous condition in public lands, buildings or other public

property, including personalty;

(b) Any act or omission of any employee, while acting within the scope of his

employment or duties; or

(c) Any act or omission of a person other than an employee for which the local

government is or may be liable

shall be subject to the provisions of KRS 65.2002 to 65.2006.

(2) Except as otherwise specifically provided in KRS 65.2002 to 65.2006, all enacted

and case-made law, substantive or procedural, concerning actions in tort against

local governments shall continue in force. No provision of KRS 65.2002 to 65.2006

shall in any way be construed to expand the existing common law concerning

municipal tort liability as of July 15, 1988, nor eliminate or abrogate the defense of

governmental immunity for county governments.
KRS § 395.155 — KY Code / Title XXXIV / Chapter 395 / Section 395.155
395.155 Computation of personal representative's commission
Status: in_force

395.155 Computation of personal representative's commission.

For the purpose of computing commissions whenever any portion of the dividends,

interests, rents or other amounts payable to an executor, administrator, trustee, guardian,

conservator, curator or other personal representative or fiduciary is required by any law of

the United States or other governmental unit to be withheld for income tax purposes by

the person, corporation, organization or governmental unit paying the same, the amount

so withheld shall be deemed to have been collected.
KRS § 150.095 — KY Code / Title XII / Chapter 150 / Section 150.095
150.095 Game wardens may bear arms
Status: in_force

150.095 Game wardens may bear arms.

Game wardens are authorized to keep and bear arms upon their person, concealed or

otherwise, in the same manner as all other peace officers, and to exercise the use of such

arms to such extent as the same may be necessary in the discharge of their duties.
KRS § 96.5407 — KY Code / Title IX / Chapter 96 / Section 96.5407
96.5407 Home heating assistance fund
Status: in_force

96.5407 Home heating assistance fund.

An electric power system owned and operated by a municipality may establish a home

heating assistance fund to receive voluntary contributions from customers to assist

individuals in preventing the termination of home heating service. This fund may be

administered by the electric power system or through a community action agency or

charitable organization that identifies individuals in need and makes such assistance

available. This fund shall be administered as described in KRS 278.287.