FrankGoortani/open-us-law huggingface dataset:
KRS § 90.140 — KY Code / Title IX / Chapter 90 / Section 90.140
90.140 Personnel director -- Appointment -- Qualifications -- Removal -- Duties -- Employment of chief examiner -- Certification of payroll changes
Status: in_force

90.140 Personnel director -- Appointment -- Qualifications -- Removal -- Duties --

Employment of chief examiner -- Certification of payroll changes.

(1) The board shall employ a personnel director who shall be the administrative officer

of the board. The personnel director shall be, at the time of appointment, a person

familiar, and in sympathy, with the principles, and experienced in the methods and

technique, of personnel administration on the merit basis and a person of recognized

character and ability.

(2) Beginning January 1, 1973, the personnel director shall be appointed for a term of

one (1) year and shall serve thereafter on a year to year basis unless notified in

writing thirty (30) days before the year expires that he will not be reappointed;

provided however that the personnel director may be removed at any time only for

cause and after public hearing by the board and after at least ten (10) days' notice

shall have been given to the said director, which notice shall contain a copy of the

charges preferred against him, and the decision of the board thereon shall be final.

At such hearing the personnel director may be represented by counsel.

(3) The personnel director shall be the secretary-treasurer of the board and shall attend

all the meetings thereof; shall set up and direct the actual work of the board;

supervise and direct the work of the employees thereof; make such investigations as

may be deemed desirable and report thereon to the board. The personnel director

shall submit to the board not later than the first day of November of each year an

annual report on the operations of the board for the preceding fiscal year, and shall

discharge all such other duties as the board may require.

(4) The board shall employ a chief examiner who shall be professionally qualified and

experienced in the art of testing, and who shall formulate, give, grade, and retain

control of, all written tests as required by the board, and said chief examiner shall

report to the board the results of all tests given and he shall be solely responsible to

the board. The job of personnel director may not be combined with the job of chief

examiner. The chief examiner shall be responsible only to the civil service board

and shall perform such other duties as the board may require.

(5) The director of finance of the city shall immediately certify to the personnel director

the name of any person in the classified service added to or removed from the

payroll.
KRS § 441.095 — KY Code / Title XL / Chapter 441 / Section 441.095
441.095 Appeals
Status: in_force

441.095 Appeals.

Appeals from any order issued pursuant to KRS 441.055 to 441.065 shall be granted as a

matter of right, and shall be taken to the Franklin County Circuit Court within thirty (30)

days from the date the order is issued by the department.
KRS § 234.280 — KY Code / Title XIX / Chapter 234 / Section 234.280
234.280 Application to conduct referendum -- Content of application form -- Publication of form
Status: in_force

234.280 Application to conduct referendum -- Content of application form --

Publication of form.

(1) Any existing industry trade organization which is fairly representative of the

propane industry in Kentucky, such as the Kentucky Propane Gas Association, may

at any time after July 15, 1998, make application to the commissioner on forms

prescribed by the department for certification and approval for the purpose of

conducting a referendum among producers, suppliers, and retail marketers upon the

question of levying an assessment under the provisions of KRS 234.270 to 234.302

and collecting and utilizing the assessment for the purpose stated in the referendum.

The application forms shall include, but not be limited to, the following:

(a) Applicant's name;

(b) Applicant's address;

(c) Date;

(d) Program to be undertaken;

(e) Brief statement of how the program is to be implemented;

(f) Referendum to be conducted on a statewide basis;

(g) Proposed effective date of the program; and

(h) Signature of the applicant.

(2) Upon receipt of the application, the commissioner shall publish the application

through the medium of the public press in the state within ten (10) days of receipt.
KRS § 273.229 — KY Code / Title XXIII / Chapter 273 / Section 273.229
273.229 Standards of conduct for officers
Status: in_force

273.229 Standards of conduct for officers.

(1) An officer of a nonprofit corporation subject to the provisions of KRS 273.161 to

273.387, with discretionary authority, shall discharge his duties under that authority:

(a) In good faith;

(b) On an informed basis; and

(c) In a manner he honestly believes to be in the best interests of the corporation.

(2) Such officer shall be considered to discharge his duties on an informed basis if he

makes, with the care an ordinarily prudent person in a like position would exercise

under similar circumstances, inquiry into the business and affairs of the corporation,

or into a particular action to be taken or decision to be made.

(3) In discharging his duties such officer shall be entitled to rely on information,

opinions, reports, or statements, including financial statements and other financial

data, if prepared or presented by:

(a) One (1) or more officers or employees of the corporation whom the officer

honestly believes to be reliable and competent in the matters presented; or

(b) Legal counsel, public accountants, or other persons as to matters the officer

honestly believes are within the person's professional or expert competence.

(4) An officer shall not be considered to act in good faith if he has knowledge

concerning the matter in question that makes reliance otherwise permitted by

subsection (3) of this section unwarranted.

(5) Any action taken as an officer, or any failure to take any action as an officer, shall

not be the basis for monetary damages or injunctive relief unless:

(a) The officer has breached or failed to perform his duties in compliance with

this section; and

(b) In the case of an action for monetary damages, the breach or failure to perform

constitutes willful misconduct or wanton or reckless disregard for human

rights, safety or property.

(6) A person bringing an action for monetary damages under this section shall have the

burden of proving by clear and convincing evidence the provisions of subsections

(5)(a) and (b) of this section, and the burden of proving that the breach or failure to

perform was the legal cause of the damages suffered.

(7) Nothing in this section shall eliminate or limit the liability of any officer for any act

or omission occurring prior to July 15, 1988.
KRS § 174.060 — KY Code / Title XV / Chapter 174 / Section 174.060
174.060 Licenses and fees
Status: in_force

174.060 Licenses and fees.

There are hereby transferred to and vested in the secretary and cabinet all functions,

powers, duties, funds, personnel, equipment and supplies relating to motor vehicle license

under the provisions of KRS Chapter 186, operator license under provisions of KRS

Chapter 186 and boating fees under provisions of KRS Chapter 235, which said

provisions of law have been conferred upon the Department of Revenue and under the

commissioner and other officers and offices of said Department of Revenue.
KRS § 299.240 — KY Code / Title XXV / Chapter 299 / Section 299.240
299.240 Fixing amount and shares of capital stock -- Sale of stock
Status: in_force

299.240 Fixing amount and shares of capital stock -- Sale of stock.

(1) At the meeting to change the form of the company, if the proposed change is

approved, the amount of the capital stock of the reorganized company shall be fixed

within the limits prescribed by law for companies of the type to which the change is

made, and the par value of the shares and the number of shares into which the

capital stock is to be divided shall be determined.

(2) The policyholders of the assessment or cooperative company shall have the first

right to subscribe for stock, subject to such equitable regulations as the directors

may prescribe. All subscriptions for shares of stock shall be paid for in cash and at a

price not less than par.
KRS § 116.047 — KY Code / Title X / Chapter 116 / Section 116.047
116.047 Forgery, alteration, destruction or failure to return completed registration form
Status: in_force

116.047 Forgery, alteration, destruction or failure to return completed registration

form.

Any individual who forges or fraudulently alters a form completed by the prospective

registrant, who willfully destroys a completed registration form or who willfully fails to

return a completed form to the county clerk for official registration by the county clerk

shall be subject to the penalties described for Class D felonies.
KRS § 456.130 — KY Code / Title XLII / Chapter 456 / Section 456.130
456.130 Information required in interpersonal protective order to assist in full faith and credit determination
Status: in_force

456.130 Information required in interpersonal protective order to assist in full

faith and credit determination.

(1) In order to assist a court of another state in determining whether an order issued

under this chapter is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265:

(a) All interpersonal protective orders shall include a statement certifying that the

issuing court had jurisdiction over the parties and the matter, and that

reasonable notice and opportunity to be heard has been given to the person

against whom the order is sought sufficient to protect that person's right to due

process; and

(b) All temporary interpersonal protective orders shall include a statement

certifying that notice and opportunity to be heard has been provided within the

time required by state law, and in any event within a reasonable time after the

order is issued, sufficient to protect the respondent's due process rights.

(2) The Administrative Office of the Courts shall prescribe the form to be used for the

purposes of this section.
KRS § 350.230 — KY Code / Title XXVIII / Chapter 350 / Section 350.230
350.230 Conformance to statutes and regulations required, when -- Effective date of regulation
Status: in_force

350.230 Conformance to statutes and regulations required, when -- Effective date

of regulation.

Irrespective of date of issuance of a permit, all permittees, operators, and persons shall

immediately conform to any statutes enacted or regulations adopted on the effective date

of the statute or regulation. This section shall not require the regrading or replanting of

any area on which the work was satisfactorily performed prior to the effective date of the

statute or regulation. The cabinet shall specify for every regulation promulgated pursuant

to this chapter the effective date of such regulation. However, the cabinet may specify a

reasonable period of time in which permittees, persons, and operators shall conform to

any regulations adopted when it finds that such conformance time is reasonably

necessary.
KRS § 70.065 — KY Code / Title IX / Chapter 70 / Section 70.065
70.065 Sheriff, deputy sheriff, constable, and county police officer prohibited from requesting or requiring victim of alleged sexual offense to submit to polygraph or other examination -- Other prohibitions
Status: in_force

70.065 Sheriff, deputy sheriff, constable, and county police officer prohibited from

requesting or requiring victim of alleged sexual offense to submit to polygraph

or other examination -- Other prohibitions.

No sheriff, deputy sheriff, constable, or county police officer shall:

(1) As a condition of proceeding with an investigation or prosecution of a case, request

or require a victim of an alleged sexual offense to submit to a polygraph

examination or any other device designed for the purpose of determining whether a

person is telling the truth; or

(2) Charge or threaten to charge the victim of an alleged sexual offense with

prosecution for a criminal offense for refusing to submit to a polygraph examination

or other device designed for the purpose of determining whether a person is telling

the truth.
KRS § 150.470 — KY Code / Title XII / Chapter 150 / Section 150.470
150.470 Creel and size limits for fish
Status: in_force

150.470 Creel and size limits for fish.

(1) No person shall take or have in his or her possession in any one (1) day more fish

than the creel limit prescribed in the regulation. The regulation shall also provide

the possession limit.

(2) No person shall take or have in his or her possession any fish smaller than the size

limit prescribed in the regulation.
KRS § 517.080 — KY Code / Title L / Chapter 517 / Section 517.080
517.080 Fraud in insolvency
Status: in_force

517.080 Fraud in insolvency.

(1) A person is guilty of fraud in insolvency when, knowing that proceedings have been

or are about to be instituted for the appointment of a receiver or other person

entitled to administer property for the benefit of creditors, or that any other

composition or liquidation for the benefit of creditors has been or is about to be

made, he:

(a) Destroys, removes, conceals, encumbers, transfers or otherwise deals with any

property with intent to defeat or obstruct the claim of any creditor, or

otherwise to obstruct the operation of any law relating to administration of

property for the benefit of creditors; or

(b) Knowingly falsifies any writing or record relating to the property; or

(c) Knowingly misrepresents or refuses to disclose to a receiver or other person

entitled to administer property for the benefit of creditors, the existence,

amount or location of the property, or any other information which the actor

would be legally required to furnish to such administrator.

(2) Fraud in insolvency is a Class A misdemeanor.
KRS § 15.430 — KY Code / Title III / Chapter 15 / Section 15.430
15.430 Law Enforcement Foundation Program fund -- Funds accruing under KRS 42.190 and 136.392 -- Trust and agency fund
Status: in_force

15.430 Law Enforcement Foundation Program fund -- Funds accruing under KRS

42.190 and 136.392 -- Trust and agency fund.

(1) There is hereby established the Law Enforcement Foundation Program fund

consisting of appropriations from the general fund of the Commonwealth of

Kentucky and insurance premium surcharge proceeds that accrue to this fund

pursuant to KRS 42.190 and 136.392. Any other funds, gifts, or grants made

available to the state for distribution to units of government in accordance with the

provisions of KRS 15.410 to 15.510 also shall be made a part of this fund.

(2) All moneys deposited in this fund, including earnings from their investment, shall

be deemed a trust and agency account. Moneys in this account shall not lapse.
KRS § 150.130 — KY Code / Title XII / Chapter 150 / Section 150.130
150.130 County and Commonwealth's attorneys to enforce laws and regulations
Status: in_force

150.130 County and Commonwealth's attorneys to enforce laws and regulations.

All county attorneys and Commonwealth's attorneys shall enforce the provisions of this

chapter and all regulations adopted hereunder.
KRS § 161.175 — KY Code / Title XIII / Chapter 161 / Section 161.175
161.175 Teachers involved in illegal use of controlled substances
Status: in_force

161.175 Teachers involved in illegal use of controlled substances.

(1) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a

teacher who has been reprimanded or otherwise disciplined by the teacher's

employer because the teacher engaged in misconduct involving the illegal use of

controlled substances shall, as a condition of retaining employment, submit to

random or periodic drug testing in accordance with administrative regulations

promulgated by the Kentucky Board of Education for a period not to exceed twelve

(12) months from the date such reprimand or disciplinary action occurred.

(2) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a

teacher whose certificate has been suspended or revoked by the Education

Professional Standards Board because the teacher engaged in misconduct involving

the illegal use of controlled substances shall, as a condition of reinstatement or

reissuance of the certificate, submit to drug testing in accordance with

administrative regulations promulgated by the Education Professional Standards

Board.

(3) No teacher may be subject to drug testing under this section unless and until it has

been determined in an administrative or judicial proceeding that the teacher engaged

in misconduct involving the illegal use of controlled substances.

(4) For purposes of this section, the term "teacher" shall mean any person for whom

certification is required as a basis for employment in the public schools of the

Commonwealth.

(5) Nothing in this section shall be interpreted or construed to limit the authority of the

Education Professional Standards Board to impose or require additional conditions

for the reissuance or reinstatement of a certificate.

(6) The administrative regulations promulgated pursuant to this section shall contain

provisions that ensure due process under the law.
KRS § 148.525 — KY Code / Title XII / Chapter 148 / Section 148.525
148.525 Functions of divisions
Status: in_force

148.525 Functions of divisions.

(1) The Division of Tourism Services shall operate the highway welcome centers,

conduct a hospitality education program for the tourism industry, coordinate the

provision of mail and telephone information services to visitors, and generate sales

revenue to the tourism industry of the Commonwealth through participation in trade

shows and markets.

(2) The Division of Marketing and Advertising shall be responsible for state tourism

advertising, the state matching fund tourism advertising program, the development

and maintenance of a marketing and research database on tourism, market survey

programs, and special studies related to the tourism industry.

(3) The commissioner of tourism may promulgate administrative regulations in

accordance with provisions of KRS Chapter 13A in order to carry out the provisions

of KRS 148.522 and this section.
KRS § 381.9147 — KY Code / Title XXXII / Chapter 381 / Section 381.9147
381.9147 Relocation of boundaries between adjoining units
Status: in_force

381.9147 Relocation of boundaries between adjoining units.

(1) Subject to the provisions of the declaration and other provisions of law, the

boundaries between adjoining units may be relocated by an amendment to the

declaration upon application to the association by the owners of those units. If the

owners of the adjoining units have specified a reallocation between their units of

their allocated interests, the application shall state the proposed reallocations.

Unless the executive board determines, within thirty (30) days, that the reallocations

are unreasonable, the association shall prepare an amendment that identifies the

units involved, states the reallocations, is executed by those unit owners, contains

words of conveyance between them, and upon recordation, is indexed in the name

of the grantor and the grantee.

(2) The association shall prepare and record plats or plans necessary to show the altered

boundaries between adjoining units, and their dimensions and identifying numbers.

(3) All costs associated with the preparation and recording of the documents, plats, and

plans required by this section shall be paid by the unit owners.
KRS § 247.260 — KY Code / Title XXI / Chapter 247 / Section 247.260
247.260 No recording fee -- No salary for officers
Status: in_force

247.260 No recording fee -- No salary for officers.

(1) The articles of incorporation of a farm bureau shall be recorded by the county clerk

without a fee of any kind.

(2) No salary shall be paid to the president, vice president or any director.
KRS § 244.605 — KY Code / Title XX / Chapter 244 / Section 244.605
244.605 Prohibition against requiring, requesting, or accepting payment of money for right to distribute brewer's or importer's malt beverages -- Exception for marketing costs
Status: in_force

244.605 Prohibition against requiring, requesting, or accepting payment of money

for right to distribute brewer's or importer's malt beverages -- Exception for

marketing costs.

(1) No brewer or importer of malt beverages shall:

(a) Require or request a distributor to pay or convey to the brewer or importer;

nor

(b) Accept any sum of money;

in exchange for the right to distribute the product or products of the brewer or

importer in a designated territory.

(2) Nothing in this section shall prohibit a brewer or importer of malt beverages from

requesting a distributor to pay or contribute any sum of money for or toward the

cost of marketing the product or products of the brewer or importer so long as the

money contributed by the distributor is spent by the brewer or importer in a manner

and at such times as agreed to in writing by the brewer or importer and the

distributor.
KRS § 210.430 — KY Code / Title XVIII / Chapter 210 / Section 210.430
210.430 Plan, budget, and membership of board to be submitted to obtain aid
Status: in_force

210.430 Plan, budget, and membership of board to be submitted to obtain aid.

Any community board for mental health or individuals with an intellectual disability or

nonprofit corporation administering a services program for mental health or individuals

with an intellectual disability may apply for the assistance provided by KRS 210.370 to

210.460 by submitting annually to the secretary of the Cabinet for Health and Family

Services its plan, budget, and membership of the board for the next fiscal year. No

program shall be eligible for a state grant and other fund allocations from the Cabinet for

Health and Family Services hereunder unless its plan and budget have been approved by

the secretary of the Cabinet for Health and Family Services, and no program shall be

eligible for a state grant and other fund allocations from the Cabinet for Health and

Family Services hereunder unless the board composition is reasonably representative of

those groups enumerated in KRS 210.380.