FrankGoortani/open-us-law huggingface dataset:
KRS § 640.070 — KY Code / Title LI / Chapter 640 / Section 640.070
640.070 Committing youthful offender to Department of Corrections
Status: in_force

640.070 Committing youthful offender to Department of Corrections.

(1) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court

may, after notice and hearing, order a youthful offender committed to an adult

facility operated by the Department of Corrections if it is established by a

preponderance of the evidence that the youthful offender has:

(a) By his violent behavior, injured or endangered the life or health of another

youthful offender or staff members in the facility or program;

(b) Escaped from the facility or program from which he is being held;

(c) By his actions, caused disruption in the facility or program by encouraging

other residents to engage in violent behavior which has injured or endangered

the life or health of other residents or staff of the facility or program;

(d) By his actions, caused disruption in the facility or program, smuggled

contraband into the facility or program, caused contraband to be smuggled

into the facility or program, or engaged in other types of behavior which have

endangered the life or health of other residents or staff of the facility or

program; or

(e) By his actions has established a pattern of disruptive behavior not conducive

to the established policies and procedures of the program.

(2) The hearing shall be held in the sentencing Circuit Court within ten (10) days of the

filing of the motion provided for in subsection (1) of this section.

(3) Upon admission to a facility or program operated by the Department of Juvenile

Justice, the department shall advise the youthful offender of the provisions of this

section.

(4) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court

may, after notice and hearing, order a youthful offender committed to the

Department of Corrections if it is established by a preponderance of the evidence

that the youthful offender is mentally ill and is dangerous to himself or others, and

cannot be adequately treated in the youthful offender program. It shall be presumed

that a youthful offender is mentally ill if he has pled guilty to or has been convicted

of a felony and has been found by the court or jury to be guilty but mentally ill.

(5) Any youth remanded to the Department of Corrections under any provision of this

chapter shall not later be placed in a facility operated by the Department of Juvenile

Justice.
KRS § 419.030 — KY Code / Title XXXVII / Chapter 419 / Section 419.030
419.030 Signature -- Production of person -- Return of writ
Status: in_force

419.030 Signature -- Production of person -- Return of writ.

The writ must be signed by the judge issuing it and command the person having custody

of or restraining the person in whose behalf it is issued to bring him personally before the

Circuit Judge of the county in which the person is being detained at the time therein

specified. The writ must be made returnable as soon as possible.
KRS § 381.740 — KY Code / Title XXXII / Chapter 381 / Section 381.740
381.740 Assertion of claim to compensation for value of interest in cemetery or lot
Status: in_force

381.740 Assertion of claim to compensation for value of interest in cemetery or lot.

Within thirty (30) days after the last advertisement, any party having a claim to the

cemetery or any lot therein or to the mortal remains of a person interred therein, may file

his claim in the said proceeding for damages as compensation for the value of his interest

in the cemetery or lot to which he has claim. Upon the filing of the aforesaid claim the

circuit court shall appoint as commissioners three (3) impartial housekeepers who are

owners of land. They shall be sworn to faithfully and impartially discharge their duties.

The commissioners shall view the land involved and they may hear evidence or make any

inquiry they desire touching the value thereof and award to the claimants who are owners

thereof the value of the property taken. They shall return a written report to the office of

the clerk of the circuit court describing separately the property which is the subject of

each claim. Either the claimant or the complainant may file exceptions to this report and

demand a jury trial. The commissioners shall be allowed a reasonable fee which shall be

taxed as cost.
KRS § 365.660 — KY Code / Title XXIX / Chapter 365 / Section 365.660
365.660 Permit required
Status: in_force

365.660 Permit required.

It is unlawful for any transient merchant to transact business in any county of this state

unless such merchant and the owners of any goods, wares or merchandise to be offered

for sale or sold, if such are not owned by the merchant, shall have first secured a permit

and shall have otherwise complied with the requirements of KRS 365.650 to 365.695.
KRS § 149.340 — KY Code / Title XII / Chapter 149 / Section 149.340
149.340 Forest stewardship incentives fund -- Use
Status: in_force

149.340 Forest stewardship incentives fund -- Use.

There is established a forest stewardship incentives fund to be administered by the

division. Moneys from the fund shall be used for cost-share programs to provide financial

assistance to landowners for the development of stewardship plans, and for stewardship

practices, including, but not limited to, reforestation and afforestation, forest

improvement, soil and water protection and improvement, riparian and wetland protection

and improvement, wildlife habitat improvement and permanent wildlife planting, and

forest recreation enhancement.
KRS § 139.730 — KY Code / Title XI / Chapter 139 / Section 139.730
139.730 Sales and use tax reports -- Vendor list
Status: in_force

139.730 Sales and use tax reports -- Vendor list.

(1) In the administration of the sales and use tax, the department may require the filing

of reports by any person or class of persons with possession or custody of

information relating to sales of tangible personal property, digital property, or an

extended warranty service, the storage, use, or other consumption of which is

subject to the tax.

(2) Any event coordinator of a festival or similar event shall provide the department

with a list of vendors selling at the event any tangible property, digital property, or

services listed in KRS 139.200.

(3) The report shall be filed at the time specified by the department and shall contain

such information as the department may require.
KRS § 27A.340 — KY Code / Title IV / Chapter 27A / Section 27A.340
27A.340 Prosecution/grand jury level
Status: in_force

27A.340 Prosecution/grand jury level.

The prosecution/grand jury level of the system shall consist of at least the following

information:

(1) Listing of each charged offense by name and KRS number;

(2) Level of offense charged or degree of offense charged for each offense in subsection

(1) of this section;

(3) Number of charged offenses;

(4) If the case was disposed of by the prosecutor, the nature of such disposition and the

date of such disposition;

(5) A listing of the charges disposed of in subsection (4) of this section;

(6) A correlation of the number of offenses charged at arrest and the number of offenses

brought before the grand jury, offense by offense;

(7) Listing of each charged offense, and the level thereof, brought before the grand jury;

(8) Listing of the disposition of each charged offense brought before the grand jury;

(9) Date of indictment;

(10) Listing of each charged offense, and the level thereof, for which the offender was

indicted;

(11) Listing of the number of criminal complaints brought before the prosecutor by

written complaint, the offense alleged, and the disposition thereof; and

(12) Listing of the number of criminal complaints sought by citizens upon which no

action was taken by the prosecutor, the offense alleged, and the date of disposition.

All data required by this section shall be supplied to the circuit clerk by each

Commonwealth's and county attorney, if it is not already in the possession of the clerk.
KRS § 630.040 — KY Code / Title LI / Chapter 630 / Section 630.040
630.040 Duties of person taking child into custody
Status: in_force

630.040 Duties of person taking child into custody.

Any person taking a child into custody, with all reasonable speed, shall in this sequence:

(1) Deliver the child suffering from a physical condition or illness which requires

prompt medical treatment to a medical facility or physician. Children suspected of

having a mental or emotional illness shall be evaluated in accordance with the

provisions of KRS Chapter 645;

(2) Contact a court designated worker who shall have the responsibility for determining

appropriate placement pursuant to KRS 610.200(5);

(3) If the court designated worker determines that the placements designated in KRS

610.200(5) and subsection (1) of this section have been exhausted or are not

appropriate, a child may be delivered to a secure juvenile detention facility, a

juvenile holding facility, or a nonsecure setting approved by the Department of

Juvenile Justice pending the detention hearing;

(4) When the child has not been released to his parents or person exercising custodial

control or supervision, the person taking the child into custody shall make a

reasonable effort promptly to give oral notice to the parent or person exercising

custodial control or supervision of the child;

(5) In all instances the peace officer taking a child into custody shall provide a written

statement to the court designated worker of the reasons for taking the child into

custody;

(6) If the child is placed in an emergency shelter or medical facility, during the

adjudication and disposition of his case, the court may order his parents to be

responsible for the expense of his care; and

(7) The peace officer taking the child into custody shall within three (3) hours of taking

a child into custody file a complaint with the court, stating the basis for taking the

child into custody and the reason why the child was not released to the parent or

other adult exercising custodial control or supervision of the child, relative or other

responsible adult, a court designated agency, an emergency shelter or medical

facility. Pending further disposition of the case, the court or the court designated

worker may release the child to the custody of any responsible adult who can

provide adequate care and supervision.
KRS § 226.050 — KY Code / Title XIX / Chapter 226 / Section 226.050
226.050 Pawnbroker to give ticket and receipt for articles -- Sale after sixty days -- Notice before sale
Status: in_force

226.050 Pawnbroker to give ticket and receipt for articles -- Sale after sixty days --

Notice before sale.

(1) Every pawnbroker shall give a plain written or printed ticket for the loan to the

person negotiating or selling, and a plain written or printed receipt of the articles

that have been purchased, or upon which money is loaned, having on each a copy of

the entries required by KRS 226.040 to be kept in his register. He shall not make

any charge for the ticket or receipt.

(2) A pawnbroker may sell any article pawned after the expiration of sixty (60) days

from the maturity of the loan, provided that, not less than ten (10) days before

making the sale, the pawnbroker shall have given notice to the person by whom the

article was pawned, by mail addressed to the post office address of such person as

shown on the pawnbroker's register, notifying such person that, unless he redeems

the article within ten (10) days from the date of mailing said notice, the article will

be sold.
KRS § 275.195 — KY Code / Title XXIII / Chapter 275 / Section 275.195
275.195 Consideration for issuance of interest -- Members
Status: in_force

275.195 Consideration for issuance of interest -- Members.

(1) A limited liability company interest may be issued in exchange for consideration

consisting of cash, property, services rendered, or a promissory note or other

obligation to contribute cash or property or to perform services.

(2) A person may be admitted to a limited liability company as a member of the limited

liability company and may receive a limited liability company interest without

making a contribution or being obligated to make a contribution to the limited

liability company.

(3) Unless otherwise provided in the operating agreement, a person may be admitted to

a limited liability company as a member without acquiring a limited liability

company interest.
KRS § 91.494 — KY Code / Title IX / Chapter 91 / Section 91.494
91.494 Affidavits filed with circuit clerk -- Effect
Status: in_force

91.494 Affidavits filed with circuit clerk -- Effect.

Affidavits of publication of notice and of posting, mailing, or other acts required by the

provisions of KRS 91.484 to 91.527 shall be filed in the office of the circuit clerk prior to

the trial, and when so filed shall constitute part of the evidentiary document in the

enforcement suit. The affidavits shall be prima facie evidence of the performance of acts

therein described, and may be so used in the trial of the suit unless challenged by verified

answer duly filed in the suit.
KRS § 149.170 — KY Code / Title XII / Chapter 149 / Section 149.170
149.170 No liability for trespass
Status: in_force

149.170 No liability for trespass.

No action for trespass shall lie against the secretary for energy and environment, or any

agent or employee of the Energy and Environment Cabinet, or any forest warden on

account of lawful acts done in legal performance of their duties.
KRS § 367.570 — KY Code / Title XXIX / Chapter 367 / Section 367.570
367.570 Definitions
Status: in_force

367.570 Definitions.

For purposes of KRS 367.570 to 367.585 unless the context requires otherwise:

(1) "Negative option plan" means a contractual plan or arrangement under which a

seller periodically sends to subscribers an announcement which identifies

merchandise (other than annual supplements to previously acquired merchandise) it

proposes to send to subscribers to such plan, and the subscribers thereafter receive

and are billed for the merchandise identified in each such announcement, unless by

a date or within a time specified by the seller with respect to each such

announcement the subscribers, in conformity with the provisions of such plan,

instruct the seller not to send the identified merchandise.

(2) "Subscriber" means any person who has agreed to receive the benefits of, and

assume the obligations entailed in, membership in any negative option plan and

whose membership in such negative option plan has been approved and accepted by

the seller.

(3) "Contract-complete subscriber" refers to a subscriber who has purchased the

minimum quantity of merchandise required by the terms of membership in a

negative option plan.

(4) "Promotional material" refers to an advertisement containing or accompanying any

device or material which a prospective subscriber sends to the seller to request

acceptance or enrollment in a negative option plan.

(5) "Selection" refers to the merchandise identified by a seller under any negative

option plan as the merchandise which the subscriber will receive and be billed for,

unless by the date or within the period specified by the seller, the subscriber

instructs the seller not to send such merchandise.

(6) "Announcement" refers to any material sent by a seller using a negative option plan

in which the selection is identified and offered to subscribers.

(7) "Form" refers to any form which the subscriber returns to the seller to instruct the

seller not to send the selection.

(8) "Return date" refers to a date specified by a seller using a negative option plan as

the date by which a form must be received by the seller to prevent shipment of the

selection.

(9) "Mailing date" refers to the time specified by a seller using a negative option plan as

the time by or within which a form must be mailed by a subscriber to prevent

shipment of the selection.
KRS § 324.151 — KY Code / Title XXVI / Chapter 324 / Section 324.151
324.151 Complaints -- Answers
Status: in_force

324.151 Complaints -- Answers.

(1) All complaints against licensees shall be submitted to the commission on forms

furnished by the commission. The complaint shall state facts which, if true, would

constitute a prima facie case that the licensee has violated the provisions of KRS

324.160. If the complaint does not constitute a prima facie case, the commission

shall allow the complainant ten (10) days to revise and supplement the complaint in

order to cure any defect. If the complainant fails to respond within ten (10) days or

if the revised and supplemented complaint does not constitute a prima facie case

that the licensee has violated the provisions of KRS 324.160, the commission shall

dismiss the matter without requiring the licensee to file or serve a response.

(2) If the complaint constitutes a prima facie case that a licensee has violated the

provisions of KRS 324.160, a copy of the complaint, exhibits attached thereto, and

any subsequent pleadings, shall be served on the licensee, by the commission, at the

licensee's last known address and shall show certification that there has been service

by writing to the last known address.

(3) If the commission serves the complaint upon the licensee, the licensee shall file

with the commission an answer to the complaint, properly notarized, on forms

secured from commission offices. The answer shall be returned to the commission

within twenty (20) days. The licensee shall deliver to the complainant at his or her

last known address a copy of the answer, exhibits attached thereto, and any

subsequent pleadings. All further pleadings in the matter filed with the commission

by either party shall show that a copy has been furnished to the opposing party or

parties.

(4) If any licensee is alleged to have committed an escrow account violation that

warrants emergency action, the commission may conduct an emergency hearing as

authorized by KRS 324.150(1)(b).
KRS § 39A.362 — KY Code / Title V / Chapter 39A / Section 39A.362
39A.362 Administrative regulations for implementation of KRS 39A.350 to 39A.366 -- Consultation among Cabinet for Health and Family Services, Kentucky Division of Emergency Management, and similarly empowered agencies in other states
Status: in_force

39A.362 Administrative regulations for implementation of KRS 39A.350 to

39A.366 -- Consultation among Cabinet for Health and Family Services,

Kentucky Division of Emergency Management, and similarly empowered

agencies in other states.

The Cabinet for Health and Family Services may promulgate administrative regulations

to implement KRS 39A.350 to 39A.366. In doing so, the Cabinet for Health and Family

Services shall consult with and consider the recommendations of the Kentucky Division

of Emergency Management and shall also consult with and consider administrative

regulations promulgated by similarly empowered agencies in other states to promote

uniformity of application of KRS 39A.350 to 39A.366 and make the emergency response

systems in the various states reasonably compatible.
KRS § 201.080 — KY Code / Title XVII / Chapter 201 / Section 201.080
201.080 Children who may be received into the home
Status: in_force

201.080 Children who may be received into the home.

The board may receive into and maintain in the home's care, children under eighteen (18)

years of age who are residents of the county and who are:

(1) Duly committed to the home's care; and

(2) Such other children of the county as the board, or the superintendent or such other

officers or employees as may be designated by the superintendent, with the approval

of the board, may, in the absence of any judicial or official commitment, find for the

best interest of such children, to receive them into the home's care, on the voluntary

application of the parents jointly, or the parent having custody, or the nearest living

blood relative, or a legally appointed guardian.
KRS § 164.6935 — KY Code / Title XIII / Chapter 164 / Section 164.6935
164.6935 Severability
Status: in_force

164.6935 Severability.

If any provision of KRS 164.6901 to 164.6935 or its application to any person or

circumstance is held invalid, the invalidity does not affect other provisions or applications

of KRS 164.6901 to 164.6935 which can be given effect without the invalid provision or

application, and to this end the provisions of KRS 164.6901 to 164.6935 are severable.
KRS § 96.030 — KY Code / Title IX / Chapter 96 / Section 96.030
96.030 Exclusive franchise not to be granted by consolidated local government or city of the first class
Status: in_force

96.030 Exclusive franchise not to be granted by consolidated local government or

city of the first class.

No exclusive privilege shall be acquired through the sale of a franchise under KRS

96.010 by a consolidated local government or a city of the first class. The sale of a

franchise to one (1) person by a consolidated local government or a city of the first class

shall not prevent a subsequent sale of a similar franchise to another person.
KRS § 57.350 — KY Code / Title VII / Chapter 57 / Section 57.350
57.350 Burning of courthouse -- Books replaced free of charge
Status: in_force

57.350 Burning of courthouse -- Books replaced free of charge.

If any county courthouse containing the law library is destroyed by fire, the Legislative

Research Commission shall, upon receipt of the affidavit of the county judge/executive

showing the loss, furnish to the county acts of the General Assembly and journals of the

House of Representatives and Senate, and the state law librarian shall furnish bound

volumes of the opinions of the Court of Justice, if available.
KRS § 64.060 — KY Code / Title VIII / Chapter 64 / Section 64.060
64.060 Peace officers generally
Status: in_force

64.060 Peace officers generally.

(1) Sheriffs, constables granted peace officer powers, coroners, marshals, and

policemen shall be paid out of the State Treasury for the following services the

following fees:

(a) Apprehending a person on charge of felony, or a fugitive

from justice charged with a felony in this state ........................................$10.00

(b) Executing a process of contempt in a criminal

case when the court excuses the contempt ................................................$1.60

(c) Executing a summons upon a witness in behalf

of the Commonwealth in a felony case ......................................................$3.00

(d) Summoning a jury, on order of a court, in a county other than that in which

the action is pending, a reasonable allowance to be fixed by the court.

(e) Summoning and attending a jury in a case of felony ................................$2.50

(2) No claim for services incidental to examining courts shall be allowed to any sheriff,

deputy sheriff, constable, marshal, policeman, or other officer authorized to execute

process in felony cases until the grand jury has returned an indictment for a felony.

(3) Constables and deputy constables authorized to exercise the powers of a peace

officer under KRS 70.325(2) shall be entitled to the fees provided under subsection

(1) of this section and shall be subject to the requirements of subsection (2) of this

section.