FrankGoortani/open-us-law huggingface dataset:
KRS § 38.480 — KY Code / Title V / Chapter 38 / Section 38.480
38.480 Immunity for acts done in pursuance of duty -- Immunity from arrest on civil process
Status: in_force

38.480 Immunity for acts done in pursuance of duty -- Immunity from arrest on

civil process.

(1) Officers, warrant officers, and enlisted men of the Kentucky National Guard or

Kentucky active militia ordered into state active duty by the Governor, and when

specifically directed by the Governor, shall be deemed peace officers as defined in

KRS 61.310 and 446.010. They shall have all the powers and immunities of peace

officers, and shall not be liable, civilly or criminally, for any act done by them in

pursuance of duty in state active duty.

(2) No officer, warrant officer, or enlisted man of the Kentucky National Guard or

Kentucky active militia shall be arrested, except in case of a felony, while going to,

remaining at, or returning from a place where he is ordered to attend for state active

duty.
KRS § 35.473 — KY Code / Title V / Chapter 35 / Section 35.473
35.473 Desertion
Status: in_force

35.473 Desertion.

(1) Any member of the state military forces is guilty of desertion who:

(a) Without proper authority goes or remains absent from the member's unit,

organization, or place of duty with intent to remain away from there

permanently;

(b) Quits the member's unit, organization, or place of duty with intent to avoid

hazardous duty or to shirk important service; or

(c) Without being regularly separated from one (1) of the state military forces

enlists or accepts an appointment in the same or another one (1) of the state

military forces, or in one (1) of the Armed Forces of the United States,

without fully disclosing the fact the member has not been regularly separated,

or enters any foreign armed service except when authorized by the United

States.

(2) Any commissioned officer of the state military forces who, after tender of the

officer's resignation and before notice of its acceptance, quits his or her post or

proper duties without leave and with intent to remain away therefrom permanently

is guilty of desertion.

(3) Any person found guilty of desertion or attempt to desert shall be punished, if the

offense is committed in time of war, by confinement of not more than ten (10) years

or such other punishment as a court-martial may direct, but if the desertion or

attempt to desert occurs at any other time, by such punishment as a court-martial

may direct.
KRS § 149.390 — KY Code / Title XII / Chapter 149 / Section 149.390
149.390 Fires to capture or destroy game prohibited
Status: in_force

149.390 Fires to capture or destroy game prohibited.

No person shall willfully or knowingly set fire to any timberland not his own, or hollow

trees or stumps of flammable material on timberland not his own to capture or destroy

wild birds or quadrupeds or to destroy feeding or breeding grounds thereon.
KRS § 172.130 — KY Code / Title XIV / Chapter 172 / Section 172.130
172.130 Fiscal court members to be trustees -- Appropriations
Status: in_force

172.130 Fiscal court members to be trustees -- Appropriations.

The members of the fiscal court shall be trustees of the county law library and shall see

that the circuit clerk properly discharges his duties as librarian. The fiscal court may

appropriate money out of the county treasury to pay for legal textbooks and decisions of

the courts of other states, and to replace decisions of the Court of Justice furnished by the

state which have been lost, mutilated or destroyed.
KRS § 136.985 — KY Code / Title XI / Chapter 136 / Section 136.985
136.985 Penalty for failing to file return
Status: in_force

136.985 Penalty for failing to file return.

Any person who violates any of the provisions of KRS 136.330 to 136.395, 299.530 and

304.4-030 shall be subject to the uniform civil penalties imposed pursuant to KRS

131.180.
KRS § 65.155 — KY Code / Title IX / Chapter 65 / Section 65.155
65.155 Pick up of employee contributions
Status: in_force

65.155 Pick up of employee contributions.

(1) Each local government or local government agency which has a pension plan which

is qualified under Section 401(a) of the Internal Revenue Code shall, solely for the

purpose of compliance with Section 414(h) of the United States Internal Revenue

Code, pick up the employee contributions made to the respective retirement system

pursuant to KRS 79.080, 90.400, 90.410, 95.290, 95.580, 95.627, 95.768, 95.769,

95.867, or 96.180 for all compensation earned after August 1, 1982, or after

qualification pursuant to Section 401(a) of the Internal Revenue Code, whichever is

later, and all contributions so picked up shall be treated as employer contributions in

determining tax treatment under the United States Internal Revenue Code and KRS

141.010. However, each local government or local government agency shall

continue to withhold federal and state income taxes based upon these contributions

and hold them in a separate account until the Internal Revenue Service or the

federal courts rule that, pursuant to Section 414(h) of the United States Internal

Revenue Code, these contributions shall not be included as gross income of the

employee until such time as the contributions are distributed or made available to

the employee. The picked-up employee contribution shall satisfy all obligations to

the retirement fund satisfied prior to August 1, 1982, or later date, as the case may

be, by the employee contribution, and the picked-up employee contribution shall be

in lieu of an employee contribution. The local governments or local government

agencies shall pay these picked-up employee contributions from the same source of

funds which is used to pay earnings to the employee. The employee shall have no

option to receive the contributed amounts directly instead of having them paid by

the local government or local government agency to the fund. Employee

contributions picked up after August 1, 1982, shall be treated for all purposes of

KRS 79.080, 90.400, 90.410, 95.290, 95.580, 95.627, 95.768, 95.769, 95.867, or

96.180 in the same manner and to the same extent as employee contributions made

prior to August 1, 1982, or later date of pick up, as the case may be.

(2) The pick up of employee contributions by the employer shall not be construed to

reduce the final salary or the average salary upon which the employee retirement

benefit may be based in any of the retirement systems covered by this section.
KRS § 220.553 — KY Code / Title XVIII / Chapter 220 / Section 220.553
220.553 Construction subdistrict established -- Petition -- Procedure -- Judicial review
Status: in_force

220.553 Construction subdistrict established -- Petition -- Procedure -- Judicial

review.

(1) The district may establish a construction subdistrict when twenty-five percent (25%)

or more of the freeholders of land sought to be included in the construction

subdistrict file their petition with the district. The petition shall describe the territory

intended to be included in the construction subdistrict and the sewer and drainage

conditions and facilities existing in this territory. The territory of the construction

subdistrict may be noncontiguous to other territory of the district. Tenants in

common, joint tenants with or without right of survivorship, and tenants by the

entireties shall be deemed one (1) freeholder or property owner.

(2) When the petition is filed with the district, said district shall give notice of the filing

by publication pursuant to KRS Chapter 424. Within thirty (30) days after the

publication, any resident or freeholder of the proposed construction subdistrict may

file objections and the district shall set the case for hearing within thirty (30) days.

If the district finds that the establishment of the construction subdistrict is

reasonably necessary for the public health, convenience and comfort of the residents

of the subdistrict, it shall make an order establishing the construction subdistrict,

and designating it by name and number.

(3) If the district finds that the construction subdistrict is not necessary, it may dismiss

the petition. If the district finds that any part of the proposed territory will not be

benefited, it may strike such part. If the district strikes a certain portion of the area,

the signature of the freeholders of that portion shall not be counted in determining

whether the necessary twenty-five percent (25%) have petitioned for the creation of

the subdistrict. A copy of the order of the board establishing a construction

subdistrict shall be published in accordance with KRS Chapter 424.

(4) An order of the district rejecting or dismissing the petition shall be deemed a final

order of the district appealable to the Circuit Court under the procedure set forth in

KRS 220.563 within sixty (60) days. Appeals to the Circuit Court from the order

establishing a construction subdistrict or striking or refusing to strike any territory

from a construction subdistrict shall be made only as provided in KRS 220.563, and

only after following the procedures required in KRS 220.563.
KRS § 41.320 — KY Code / Title VI / Chapter 41 / Section 41.320
41.320 Governor may require statement of condition of Treasury
Status: in_force

41.320 Governor may require statement of condition of Treasury.

The Governor may require, at any time, a full statement of the condition of the Treasury

from the Finance and Administration Cabinet, Treasurer, and the state depositories. The

Treasurer shall, at all times when called upon by the Governor, exhibit his or her books

and accounts of the Treasury and all cash on hand or on deposit.
KRS § 376.040 — KY Code / Title XXXI / Chapter 376 / Section 376.040
376.040 Forfeiture or surrender of lease -- Removal of improvements
Status: in_force

376.040 Forfeiture or surrender of lease -- Removal of improvements.

If labor is performed or materials furnished by contract with the lessee of real property for

a term of years, and if before the expiration of the term by lapse of time the lessee's

interest therein shall, from any cause, be forfeited or surrendered to the lessor, and if the

lessor refuses to pay for the labor or materials furnished, the person furnishing the labor

or materials may remove the same from the premises, if this can be done without material

injury to any previous improvement on the premises.
KRS § 416.210 — KY Code / Title XXXVII / Chapter 416 / Section 416.210
416.210 Right of burial association or corporation to condemn land for cemetery -- Governmental approval needed -- Procedure
Status: in_force

416.210 Right of burial association or corporation to condemn land for cemetery --

Governmental approval needed -- Procedure.

Any burial association or corporation may, with the approval of the appropriate city,

county, urban-county, consolidated local government, or charter county legislative body,

condemn land by first recording, in the county clerk's office of the county where the land

lies, a resolution that it needs the land to furnish a burial site for the public. It may

condemn a sufficient roadway to have access to the land, not wider than one hundred

(100) feet. It may also condemn enough land, not exceeding five (5) acres, adjacent to any

land used for a cemetery for a chapel site. If the building of any state highway requires a

change in the entrance to any cemetery, the burial association or corporation may

condemn any adjacent land, not wider than one hundred (100) feet for the new entrance.

The condemnation procedure shall be in the Circuit Court of the county pursuant to the

Eminent Domain Act of Kentucky. This section shall not permit condemnation of more

than forty (40) acres at any one time.
KRS § 526.060 — KY Code / Title L / Chapter 526 / Section 526.060
526.060 Divulging illegally obtained information
Status: in_force

526.060 Divulging illegally obtained information.

(1) A person is guilty of divulging illegally obtained information when he knowingly

uses or divulges information obtained through eavesdropping or tampering with

private communications or learned in the course of employment with a

communications common carrier engaged in transmitting the message.

(2) Divulging illegally obtained information is a Class A misdemeanor.
KRS § 35.645 — KY Code / Title V / Chapter 35 / Section 35.645
35.645 Driving under the influence or reckless driving
Status: in_force

35.645 Driving under the influence or reckless driving.

Any person subject to this code who operates or is in physical control of any vehicle

while under the influence of alcohol or any other substances or combination of substances

which impair one's driving ability, or in a reckless or wanton manner, shall be punished as

a court-martial may direct.
KRS § 142.110 — KY Code / Title XI / Chapter 142 / Section 142.110
142.110 Registration by retailer with the department
Status: in_force

142.110 Registration by retailer with the department.

Each retailer shall file an application for a certificate of registration with the department

within sixty (60) days of January 1, 2017. Each retailer seeking to sell or provide prepaid

wireless telecommunications service in Kentucky for the first time shall, prior to selling

or providing prepaid wireless telecommunications service, file an application for a

certificate of registration with the department. The application shall be in the form and

manner prescribed by the department. The application shall be signed by an executive

officer or a person specifically authorized by the retailer to sign the application.
KRS § 151.112 — KY Code / Title XII / Chapter 151 / Section 151.112
151.112 Planning process for management and development of water resources
Status: in_force

151.112 Planning process for management and development of water resources.

(1) The cabinet shall develop a comprehensive and systematic planning process for the

long-range management and orderly development of the Commonwealth's water

resources. The planning process shall generate over each biennium a plan for the

implementation of specific goals and management objectives for the cabinet to

achieve in meeting the Commonwealth's water needs. The biennial plan shall serve

as the basis for the cabinet's budgeting process in allocating resources to the state's

water resource programs. The planning process shall be developed to:

(a) Protect, conserve, develop, and utilize the water resource in a manner

consistent with the Commonwealth's duties for management of natural

resources, the public's right to clean water, and the preservation of the natural,

scenic, cultural, historic, and aesthetic values of the environment;

(b) Provide a coordinated framework for cooperation among federal, interstate,

state, and local government agencies in the planning and management of

water resources, in a manner consistent with KRS Chapter 147 and KRS

224.10-100(13);

(c) Be both anticipatory of future needs and reactive to current needs;

(d) Provide for public involvement in the establishment of the comprehensive and

systematic planning process, in plan development and implementation, and

the allocation and prioritizing of resources for water resource management

and development;

(e) Establish a process for the collection and coordination of data regarding

surface water and groundwater availability and quality, including the presence

of point and nonpoint sources of pollution, instream flow information,

withdrawal and use information, an assessment of flood damage and storm

water management problems, and an identification and assessment of future

data needs; and

(f) Request technical assistance from any agency or organization the cabinet

deems necessary to carry out its duties as established in this chapter.

(2) The continuous planning process shall include goals and objectives for groundwater

and surface water quantity and quality management in order to assess the

effectiveness of current programs in addressing the comprehensive water needs of

the Commonwealth and to gauge the need for new or different programs to

recommend to the General Assembly for legislation.
KRS § 506.060 — KY Code / Title L / Chapter 506 / Section 506.060
506.060 Criminal solicitation or conspiracy -- Defense of renunciation
Status: in_force

506.060 Criminal solicitation or conspiracy -- Defense of renunciation.

(1) In any prosecution for criminal solicitation or criminal conspiracy in which the

crime solicited or the crime contemplated by the conspiracy was not in fact

committed, it is a defense that, under circumstances manifesting a voluntary and

complete renunciation of his criminal purpose, the defendant prevented the

commission of the crime.

(2) A renunciation is not "voluntary and complete" within the meaning of this section

when it is motivated in whole or in part by:

(a) A belief that circumstances exist which pose a particular threat of

apprehension or detection of the accused or another participant in the criminal

enterprise or which render more difficult the accomplishment of the criminal

purpose; or

(b) A decision to postpone the criminal conduct until another time or to transfer

the criminal effort to another victim or another but similar object.
KRS § 64.200 — KY Code / Title VIII / Chapter 64 / Section 64.200
64.200 Constables in counties of over 250,000 population not containing an urban-county government or a consolidated local government
Status: in_force

64.200 Constables in counties of over 250,000 population not containing an urban-

county government or a consolidated local government.

(1) In counties containing a population of over 250,000, excluding urban-county

governments or consolidated local governments, for the performance of the duties

of his office, each constable shall be exclusively compensated by a salary of nine

thousand six hundred dollars ($9,600) per annum to be paid in equal monthly

installments out of the county treasury.

(2) Each constable and deputy constable, if deputy constables have been authorized

under KRS 70.320, shall daily deliver or cause to be delivered to the recorder for

the justice's district in which he holds office all moneys received or collected by

him by virtue of his office, or the recorder may receive such moneys for the officer,

and in either event the recorder shall daily issue to each officer a receipt for moneys

received from or for him. Each recorder shall keep such records of each daily

transaction, in such manner and form, and showing such information, as the fiscal

court of the county requires.

(3) All moneys received or collected on account of or resulting from the performance

of the duties or the exercise of the powers incident to the offices of constable and

deputy constable, if deputy constables have been authorized under KRS 70.320,

shall be paid into the county treasury.

(4) Before the tenth day of each calendar month the recorder for each justice's district

shall prepare a sworn statement showing the correct amounts of money received or

collected during the next preceding calendar month from the administration of the

offices of constable and deputy constable, if deputy constables have been

authorized under KRS 70.320. The statement shall be in the form and shall disclose

the information required by the fiscal court. Each monthly statement, and as many

copies thereof as the fiscal court may require, shall be subscribed and sworn to by

the recorder. On or before the tenth day of each calendar month each recorder shall

deliver one (1) or more copies of the monthly statement to the fiscal court, or such

person as the fiscal court designates, and at the same time deliver by certified

check, payable to the order of the county treasurer, the total sum of money received

by the recorder under the provisions of this section during the next preceding

calendar month. During the interims between such monthly statements each

recorder shall safely preserve the funds coming into his hands by virtue of this

section in a bank designated by the justice of the peace, which bank shall duly

execute a depository bond in a sufficient amount to cover monthly balances.
KRS § 532.034 — KY Code / Title L / Chapter 532 / Section 532.034
532.034 Restitution for financial loss resulting from theft of identity or trafficking in stolen identities
Status: in_force

532.034 Restitution for financial loss resulting from theft of identity or trafficking

in stolen identities.

(1) A person found guilty of violating any provisions of KRS 434.872, 434.874,

514.160, or 514.170 shall, in addition to any other punishment, be ordered to make

restitution for financial loss sustained by a victim as a result of the violation.

Financial loss may include any costs incurred by the victim in correcting the credit

history of the victim or any costs incurred in connection with any civil or

administrative proceeding to satisfy any debt or other obligation of such victim,

including lost wages and attorney's fees.

(2) A person found guilty of violating any provisions of KRS 434.872, 434.874,

514.160, or 514.170 shall pay restitution to the person or entity that suffers the

financial loss. In addition to the financial loss detailed in subsection (1) of this

section, the person or entity may include a financial institution, insurance company,

or bonding association that suffers direct financial loss as a result of the violation.
KRS § 48.160 — KY Code / Title VI / Chapter 48 / Section 48.160
48.160 State matching for federal funds
Status: in_force

48.160 State matching for federal funds.

Each branch, by budget unit, shall submit in its budget recommendation a request for

funds reasonably necessary to match anticipated federal funds which may become

available during the biennium. The amount of anticipated federal funds shall also be

specified. These matching funds shall not be utilized for federal block grants as defined

by the Federal Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) and any

subsequent amendments thereto, including federal block grants authorized after July 1,

1983, unless such block grant applications are in compliance with the applicable federal

and state laws, as well as the standards and criteria prescribed in KRS 45.353.
KRS § 202B.019 — KY Code / Title XVII / Chapter 202B / Section 202B.019
202B.019 County attorney's duties
Status: in_force

202B.019 County attorney's duties.

In all proceedings under this chapter, it shall be the duty of the county attorney to assist

the petitioner and represent the interest of the Commonwealth and to assist the court in its

inquiry by the presentation of evidence.
KRS § 213.151 — KY Code / Title XVIII / Chapter 213 / Section 213.151
213.151 Furnishing of information to complete a vital record
Status: in_force

213.151 Furnishing of information to complete a vital record.

Any person having knowledge of the facts necessary to complete a vital record shall

furnish the information that person possesses regarding any birth, death, fetal death,

induced termination of pregnancy, marriage, or dissolution of marriage or annulment

upon request of the cabinet.
KRS § 237.090 — KY Code / Title XIX / Chapter 237 / Section 237.090
237.090 Disposition of forfeited firearm or ammunition
Status: in_force

237.090 Disposition of forfeited firearm or ammunition.

Any firearm or ammunition forfeited pursuant to KRS 237.060 to 237.090 shall, upon

order of a court of competent jurisdiction, be disposed of or retained as provided in KRS

500.090.