FrankGoortani/open-us-law huggingface dataset:
KRS § 100.2111 — KY Code / Title IX / Chapter 100 / Section 100.2111
100.2111 Alternative regulation for zoning map amendment
Status: in_force

100.2111 Alternative regulation for zoning map amendment.

A legislative body or fiscal court may adopt, in lieu of the provisions of KRS 100.211, a

regulation to provide as follows:

(1) A proposal for a map amendment may originate with the planning commission of

the unit, with any fiscal court or legislative body which is a member of the unit, or

with the owner of the property in question.

(2) Regardless of the origin of the proposed amendment, it shall be referred to the

planning commission before adoption.

(3) The planning commission shall then hold at least one (1) public hearing after notice

as required by KRS Chapter 424 and this chapter and make recommendations to the

various bodies or fiscal courts involved.

(4) A planning commission recommendation relating to the proposed amendment shall

become final and the map amendment shall be automatically implemented subject

to the provisions of KRS 100.347, all as set forth in the planning commission

recommendations, unless within twenty-one (21) days after the final action by the

planning commission:

(a) Any aggrieved person files a written request with the planning commission

that the final decision shall be made by the appropriate legislative body or

fiscal court; or

(b) The appropriate legislative body or fiscal court files a notice with the planning

commission that the legislative body or fiscal court shall decide the map

amendment.

(5) It shall take a majority of the entire legislative body or fiscal court to override the

recommendation of the planning commission.

(6) All procedures for public notice and publication as well as for adoption shall be the

same as for the original enactment of a zoning regulation, and the notice of

publication shall include the street address of the property in question, or if one is

not available, or if it is not practicable due to the number of addresses involved, a

geographic description sufficient to locate and identify the property, and the names

of the two (2) streets on either side of the property which intersect the street on

which the property is located. If the property is located at the intersection of two (2)

streets, the notice shall designate the intersection by name of both streets rather than

name the two (2) streets on either side of the property.
KRS § 391.060 — KY Code / Title XXXIV / Chapter 391 / Section 391.060
391.060 Title may be inherited through alien
Status: in_force

391.060 Title may be inherited through alien.

When title is acquired by descent, it shall be no bar to a person taking title through

descent that any ancestor through whom he derives his descent from the intestate is or has

been an alien.
KRS § 161.133 — KY Code / Title XIII / Chapter 161 / Section 161.133
161.133 Teachers' national certification incentive trust fund -- Purposes -- Appropriations
Status: in_force

161.133 Teachers' national certification incentive trust fund -- Purposes --

Appropriations.

(1) There is hereby established a "Teachers' National Certification Incentive Trust

Fund" in the State Treasury for the purposes of:

(a) Funding stipends for teachers to prepare for certification by the National

Board for Professional Teaching Standards;

(b) Reimbursing a portion of the certification fee to each teacher who is awarded

national board certification;

(c) Reimbursing local boards of education or the Department of Education for

persons who serve as substitute teachers for national board certification

candidates; and

(d) Funding stipends for national board certified teachers who serve as mentors to

other teachers within the school district or the Kentucky Tech system.

(2) Appropriations by the General Assembly in each biennial budget for the purpose of

supporting national board certification shall be credited to the fund and invested

until needed. All money credited to the fund, including interest earned on money in

the fund, shall be retained in the fund for reinvestment and used for the purposes of

this section. Funds appropriated to the fund shall not lapse at the end of a fiscal year

or a biennium.

(3) The Education Professional Standards Board shall promulgate administrative

regulations that establish the procedures for the administration of the funds as

described in this section and the requirements for participating teachers, local

boards of education, and the Department of Education. The board shall allocate only

those funds to teachers, school districts, or the department for the purposes in this

section for which other sources of funds are not being received. The board may

limit the number of participants accepted in any given enrollment or application

period due to the lack of available funds.

(4) Money in the fund shall be distributed to local boards of education, the Department

of Education, and teachers by the Education Professional Standards Board in

compliance with the administrative regulations promulgated by the board.
KRS § 164.780 — KY Code / Title XIII / Chapter 164 / Section 164.780
164.780 Financial assistance to students attending private institutions
Status: in_force

164.780 Financial assistance to students attending private institutions.

(1) As a result of the rising school population and the continuously rising cost of

providing for the higher education of young people, there exists in the

Commonwealth of Kentucky an urgent need to use all available educational

resources wisely;

(2) Within the Commonwealth, there exist accredited independent colleges and

universities whose facilities are available for use in the public interest by providing

additional space for students;

(3) In the Commonwealth there are qualified residents who are willing to bear the

major costs of their education by attending an independent college or university;

(4) It intends to offer to qualified Kentucky residents who bear the major cost of

attending accredited independent colleges and universities within the

Commonwealth a tuition or fees grant as supplementary aid to students where need

exists.
KRS § 100.251 — KY Code / Title IX / Chapter 100 / Section 100.251
100.251 Variance runs with the land
Status: in_force

100.251 Variance runs with the land.

A variance applies to the property for which it is granted, and not to the individual who

applied for it. A variance runs with the land and is transferable to any future owner of the

land, but it cannot be transferred by the applicant to a different site.
KRS § 431.021 — KY Code / Title XL / Chapter 431 / Section 431.021
431.021 Guaranteed arrest bond certificate of surety company to be accepted in lieu of cash bail in traffic cases
Status: in_force

431.021 Guaranteed arrest bond certificate of surety company to be accepted in

lieu of cash bail in traffic cases.

(1) A guaranteed arrest bond certificate presented by the person whose signature

appears thereon shall be accepted in lieu of cash bail in an amount not to exceed

two hundred dollars ($200) as a bail bond to guarantee the appearance of such

person in any court of this Commonwealth, at the time required by such court, when

he is arrested for violation of any law of this Commonwealth or traffic ordinance of

any municipality therein relating to the operation of a motor vehicle. A guaranteed

arrest bond certificate so presented as a bail bond is subject to the same forfeiture

and enforcement provisions as a bail bond or cash bail, but is not subject to Rules

4.30 and 4.34 of the Kentucky Rules of Criminal Procedure. However:

(a) The violation must have been committed prior to the expiration date shown on

the guaranteed arrest bond certificate, and

(b) A guaranteed arrest bond certificate may not be accepted when a person is

arrested for violation of KRS 189A.010 or KRS Chapter 281.

(2) As used in this section, "guaranteed arrest bond certificate" means a printed card or

other certificate issued by an association to any of its members, which is signed by

the member and contains a printed statement that such association and a surety

company licensed to do business in this Commonwealth:

(a) Guarantee the appearance of the person whose signature appears on the card

or certificate, and

(b) Will, in the event of the failure of such person to appear in court at the time

set for appearance, pay any fine or forfeiture imposed upon such person in an

amount not to exceed two hundred dollars ($200).
KRS § 104.490 — KY Code / Title IX / Chapter 104 / Section 104.490
104.490 Contents of petition
Status: in_force

104.490 Contents of petition.

The petition shall contain:

(1) The proposed name of the district, which shall be "Flood Control District No. .... of

.... County, (or counties), Kentucky."

(2) The necessity for maintaining and operating any flood control works of the district

and that such maintenance and operation will be conducive to the public health,

safety, comfort, convenience or welfare.

(3) A general description of the flood control works to be maintained and operated and

of the territory to be included in the proposed district. The description need not be

given by metes and bounds or by legal subdivision, but it shall be sufficient if a

reasonably accurate description is given of the territory to be organized as a district

by showing the boundaries of such district on a map or by other means. The

territory may include one or more political subdivisions or portions thereof, and,

except as provided in KRS 104.450 to 104.680, shall not be included wholly within

the limits of a single municipality. The territory need not be contiguous if it is so

situated that the public health, safety, comfort, convenience or welfare will be

promoted by its organization as a single district.

(4) A prayer for the organization of the district.
KRS § 194A.721 — KY Code / Title XVII / Chapter 194A / Section 194A.721
194A.721 Exemptions from space and bathing facilities requirements for living units of certain assisted living communities
Status: in_force

194A.721 Exemptions from space and bathing facilities requirements for living

units of certain assisted living communities.

(1) Any assisted living community that was open or under construction on or before

July 14, 2000, shall be exempt from the requirement that each living unit have a

bathtub or shower.

(2) Any assisted living community that was open or under construction on or before

July 14, 2000, shall have a minimum of one (1) bathtub or shower for each five (5)

residents.

(3) Any assisted living community that was open or under construction on or before

July 14, 2000, shall be exempt from the requirement that each living unit shall be at

least two hundred (200) square feet for single occupancy, or for double occupancy if

the room is shared with a spouse or another individual by mutual agreement.
KRS § 266.130 — KY Code / Title XXII / Chapter 266 / Section 266.130
266.130 Board's power to acquire property
Status: in_force

266.130 Board's power to acquire property.

The board of levee commissioners may enter upon, acquire, take and hold any lands or

premises necessary and proper for locating, constructing, reconstructing, enlarging,

extending, repairing and maintaining its line of levees, as well as for the cutting of ditches

for the purpose of relieving the levees and the lands adjacent thereto enlarged by sipe and

rain water. The board may also cut and remove trees, timbers and other materials that

may, by falling or otherwise, encumber or endanger any levee. In case the owners cannot

agree with the board as to the value of any property taken under authority of this section,

the board may condemn the property in the manner provided in the Eminent Domain Act

of Kentucky.
KRS § 281.735 — KY Code / Title XXIV / Chapter 281 / Section 281.735
281.735 Overcrowding of passenger vehicles -- Maximum width
Status: in_force

281.735 Overcrowding of passenger vehicles -- Maximum width.

(1) The department shall, in its safety regulations, prescribe rules prohibiting

overcrowding in the various types of motor vehicles carrying passengers for hire.

(2) The owner or driver of any motor vehicle for the transportation of passengers shall

not permit any passengers to ride upon the steps or running-board of any such motor

vehicle, nor shall he permit any passenger to ride on the top of any such motor

vehicle unless the top has been designed and equipped with seats constructed for

such use and provided with protecting railing or protective enclosure on all four (4)

sides of the top of the vehicle, and unless such use has been authorized by a

certificate issued by the department.

(3) No motor carrier shall operate a motor vehicle for the transportation of persons for

hire, except buses, with an extreme width exceeding ninety-six (96) inches, except

upon such highways which are a part of the state-maintained system upon which

increased widths have been authorized by order of the commissioner of highways as

provided by law. The extreme width of a bus shall not exceed one hundred two

(102) inches.
KRS § 5.290 — KY Code / Title II / Chapter 5 / Section 5.290
5.290 Ninetieth Representative District
Status: in_force

5.290 Ninetieth Representative District.

The Ninetieth Representative District shall consist of the following territory:

County: Clay KY

County: Laurel KY (part)

A101 - Sublimity

A103 - London #3

A104 - Rough Creek

A107 - London East

B101 - Fariston

B104 - Rough Creek #2

B105 - Fariston #2

C102 - Bush

C104 - London #1

C105 - Maplesville

C106 - Johnson

C110 - London #2

County: Leslie KY
KRS § 431.130 — KY Code / Title XL / Chapter 431 / Section 431.130
431.130 Confinement in penitentiary, county jail or workhouse -- Nature
Status: in_force

431.130 Confinement in penitentiary, county jail or workhouse -- Nature.

Prisoners sentenced to punishment by confinement in the penitentiary shall be kept at

hard labor. If the punishment is imprisonment in the jail of the county, the imprisonment

shall be close confinement in the jail of the county where the trial was held, unless

otherwise provided. In any jurisdiction where there is a county workhouse the court may

in its discretion confine the prisoner to the county workhouse instead of the county jail.
KRS § 455.120 — KY Code / Title XLII / Chapter 455 / Section 455.120
455.120 Recompiled as KRS 431.095
Status: in_force

455.120 Recompiled as KRS 431.095.
KRS § 438.280 — KY Code / Title XL / Chapter 438 / Section 438.280
438.280 Definitions for KRS 438.280 to 438.290
Status: in_force

438.280 Definitions for KRS 438.280 to 438.290

As used in KRS 438.280 to 438.290:

(1) "Alarm system" means electronic equipment and devices designed to act as a

personal emergency response system;

(2) "Personal emergency response system" means an alarm system that is:

(a) Installed in the residence of a customer;

(b) Monitored by an alarm systems company;

(c) Designed only to permit the customer to signal the occurrence of a medical or

personal emergency on the part of the customer so that the personal

emergency response system provider may dispatch appropriate aid; and

(d) Not part of a combination of alarm systems that includes a burglar alarm or

fire alarm;

(3) "Personal emergency response system provider" means a person who sells, installs,

services, monitors, or responds to a personal emergency response system, but shall

not include:

(a) A 911 center, public safety answering point, or communications center;

(b) A public or private agency called by the 911 center, public safety answering

point, or communications center to render aid or services to the customer who

sent the alarm to the personal emergency response system provider; or

(c) Any person on the customer's contact list;

(4) "Customer" means both:

(a) The person in whose residence the personal emergency response system is

installed; and

(b) The person with whom a personal emergency response system provider has

contracted for the provision of personal emergency response services; and

(5) "Responder" means:

(a) A person, if any, designated by the customer; and

(b) The 911 center, public safety answering point, or communications center in

the jurisdiction from which an alarm was received, that is to be called by the

personal emergency response system provider in the event the customer

requires aid from a responder.
KRS § 140.275 — KY Code / Title XI / Chapter 140 / Section 140.275
140.275 Exclusion of intangible personal property held in trust, under reciprocal agreements with other states
Status: in_force

140.275 Exclusion of intangible personal property held in trust, under reciprocal

agreements with other states.

(1) It is hereby declared to be the legislative policy that Kentucky shall not be a party to

interstate double taxation under the terms of the Kentucky inheritance and estate tax

laws. Pursuant to this policy, the commissioner of the Department of Revenue is

hereby authorized to omit from the property subject to tax under those laws, any

intangible personal property of a nonresident decedent (having a domicile in the

United States) held in trust by a Kentucky trustee if the jurisdiction (state, territory

or District of Columbia) in which the decedent was domiciled grants similar

immunity to residents of Kentucky, but only in the event the personal representative

shall present evidence that the tax has been or will be paid to the other jurisdiction.

If another state, territory, or the District of Columbia of the United States

constitutionally imposes a tax on the transfer of estates or of the distributive shares

thereof, but grants immunity from the tax in respect of any intangible property of its

resident decedents held in trust by a Kentucky trustee, then the commissioner of the

Department of Revenue is hereby authorized to exclude from the property subject to

tax under the Kentucky inheritance and estate tax laws, the intangible personal

property of a Kentucky resident held in trust in that jurisdiction but only in the event

the personal representative shall present evidence that the tax has been or will be

paid to the other jurisdiction.

(2) It is expressly provided, however, in view of the uncertainty now prevailing with

respect to the correct interpretation of the Constitution of the United States

regarding the jurisdiction of the several states, that the provisions of this section

shall be inoperative under the second alternative until and unless an agreement,

approved as to legality by the Attorney General, between the commissioner of the

Department of Revenue as agent for Kentucky and the appropriate administrative

official of such other state, shall have been executed and an original copy thereof

filed with the Kentucky Department of Revenue.

(3) This section is intended to apply retroactively to all estates of decedents on or after

April 25, 1936, which are subject to Kentucky inheritance tax laws.
KRS § 362.265 — KY Code / Title XXIX / Chapter 362 / Section 362.265
362.265 Extent of property rights of a partner
Status: in_force

362.265 Extent of property rights of a partner.

The property rights of a partner are (1) his rights in specific partnership property, (2) his

interest in the partnership, and (3) his right to participate in the management.
KRS § 393A.070 — KY Code / Title XXXIV / Chapter 393A / Section 393A.070
393A.070 When custodial account for minor presumed abandoned
Status: in_force

393A.070 When custodial account for minor presumed abandoned.

(1) Subject to KRS 393A.120, property held in an account established under the

Uniform Transfers to Minors Act, KRS 385.012 to 385.242, shall be presumed

abandoned if it is unclaimed by or on behalf of the minor on whose behalf the

account was opened three (3) years after the later of:

(a) Except as provided in paragraph (b) of this subsection, the date a second

consecutive communication sent by the holder by first-class United States

mail to the custodian of the minor on whose behalf the account was opened is

returned undelivered to the holder by the United States Postal Service;

(b) If the second communication is sent later than thirty (30) days after the date

the first communication is returned undelivered, the date the first

communication was returned undelivered; or

(c) The date on which the custodian is required to transfer the property to the

minor or the minor's estate in accordance with the Uniform Gifts to Minors

Act or Uniform Transfers to Minors Act of the state in which the account was

opened.

(2) If the holder does not send communications to the custodian of the minor on whose

behalf an account described in subsection (1) of this section was opened by first-

class United States mail, the holder shall attempt to confirm the custodian's interest

in the property by sending the custodian an electronic-mail communication not later

than two (2) years after the custodian's last indication of interest in the property.

However, the holder promptly shall attempt to contact the custodian by first-class

United States mail if:

(a) The holder does not have information needed to send the custodian an

electronic-mail communication or the holder believes that the custodian's

electronic-mail address in the holder's records is not valid;

(b) The holder receives notification that the electronic-mail communication was

not received; or

(c) The custodian does not respond to the electronic-mail communication within

thirty (30) days after the communication was sent.

(3) If first-class United States mail sent under subsection (2) of this section is returned

undelivered to the holder by the United States Postal Service, the property shall be

presumed abandoned three (3) years after the later of:

(a) The date a second consecutive communication to contact the custodian by

first-class United States mail is returned to the holder undelivered by the

United States Postal Service; or

(b) The date established by subsection (1)(c) of this section.

(4) When the property in the account described in subsection (1)(c) of this section is

transferred to the minor on whose behalf an account was opened or to the minor's

estate, the property in the account shall no longer be subject to this section.
KRS § 379.090 — KY Code / Title XXXI / Chapter 379 / Section 379.090
379.090 Sale of property by assignee
Status: in_force

379.090 Sale of property by assignee.

(1) Personal property conveyed by the deed of assignment shall be sold by the assignee

at private or public sale as the court may direct, and the assignee may pass title as

fully as the assignor could have done at the date of the assignment.

(2) Real property, when sold at public sale, shall be sold in the same manner and upon

the same terms as real property sold at decretal sale. However, the purchaser may

pay and the assignee accept cash in payment of the purchase price, and the court

may make any order it deems proper concerning the advertisement of the sale. The

assignee may convey and pass all the right and title which the grantor in the deed of

assignment had at its date.

(3) The report of sale shall be filed by the assignee within ten (10) days after the sale,

and if no exceptions are filed thereto within sixty (60) days after it has been filed,

the report shall be confirmed. If exceptions are filed, they shall be heard by the court

and disposed of.
KRS § 416.600 — KY Code / Title XXXVII / Chapter 416 / Section 416.600
416.600 Filing answer
Status: in_force

416.600 Filing answer.

Any answer or other pleading filed by the owner in response to the summons shall be

filed on or before the twenty (20) days after date of service and shall be confined solely to

the question of the right of the petitioner to condemn the property sought to be

condemned, but without prejudice to the owner's right to except from the amount of the

compensation awarded in the manner provided in KRS 416.550 to 416.670.