FrankGoortani/open-us-law huggingface dataset:
KRS § 351.075 — KY Code / Title XXVIII / Chapter 351 / Section 351.075
351.075 Exceptions to mandatory mine safety standards
Status: in_force

351.075 Exceptions to mandatory mine safety standards.

(1) Upon petition by the operator or the representative of miners, the commissioner

may modify the application of any mandatory safety standard to a mine if the

commissioner determines that an alternative method of achieving the result of such

standard exists which will at all times guarantee no less than the same measure of

protection afforded the miners of such mine by such standard, or that the application

of such standard to such mine will result in a diminution of safety to the miners in

such mine. Upon receipt of such petition, the commissioner shall give notice to the

operator or the representative of miners in the affected mine, as appropriate, and

shall cause such investigation to be made as he deems appropriate. Such

investigation shall provide an opportunity for a public hearing, at the request of

such operator or representative or other interested party, to enable the operator and

the representative of miners in such mine or other interested party to present

information relating to the modification of such standard.

(2) The commissioner shall issue a decision incorporating his findings of fact therein,

and shall send a copy thereof to the operator or the representative of the miners, as

appropriate. Before granting any exception to a mandatory safety standard, the

findings of the commissioner or his authorized representative shall be made

available to the representative of the miners at the affected coal mine.
KRS § 367.964 — KY Code / Title XXIX / Chapter 367 / Section 367.964
367.964 Consumer security account
Status: in_force

367.964 Consumer security account.

(1) Any person selling preneed cemetery merchandise contracts or preconstruction

mausoleums, columbarium or underground crypt contracts shall pay to the Attorney

General five dollars ($5) for each said contract entered into of which the gross sales

price as defined in KRS 367.932 to 367.974 and 367.991 is five hundred dollars

($500) or less and ten dollars ($10) for each said contract entered into of which the

gross sales price is over five hundred dollars ($500), to be paid into a special

income earning account known as "Consumer security account." The above said

fees shall be remitted to the Attorney General at least once each month.

(2) The funds in said account shall be used solely for the purpose of providing

restitution to consumers who have suffered pecuniary loss in the purchase of a

preneed cemetery merchandise contract or a preconstruction mausoleum,

columbarium or underground crypt contract. The fund shall be applied only to

restitution that is ordered by Circuit Court in a lawsuit brought under KRS 367.932

to 367.974 and 367.991 by the Attorney General and which is determined by the

Attorney General to be noncollectible from the judgment debtor.

(3) Whenever restitution is paid by the fund, the fund shall be subrogated to the amount

of such restitution, and the Attorney General shall engage in all reasonable post

judgment collection steps to collect said restitution from the judgment debtor and

reimburse the fund.

(4) The fund shall not be applied toward any restitution for losses in any lawsuit

initiated by the Attorney General prior to July 13, 1984.

(5) Notwithstanding any other provision of this section, the payment of restitution from

the fund shall be a matter of grace and not of right and no person shall have any

vested rights in the fund as a beneficiary or otherwise.
KRS § 74.110 — KY Code / Title IX / Chapter 74 / Section 74.110
74.110 Change of districts -- Procedure -- Deficit
Status: in_force

74.110 Change of districts -- Procedure -- Deficit.

The territorial limits of an established water district may be enlarged or diminished in the

following way:

(1) The commission shall file a petition with the county judge/executive, describing the

territory to be annexed or stricken off, and setting out the reasons therefor.

(2) Notice of the petition shall be given in the manner provided by KRS Chapter 424.

Within thirty (30) days after the notice, any resident of the water district or the

territory proposed to be annexed may file objections and exceptions.

(3) The county judge/executive shall set the matter for hearing, and if the county

judge/executive finds that it is reasonably necessary, he shall enter an order

annexing or striking off the proposed territory. If the county judge/executive finds

that the proposed change is unnecessary, he shall dismiss the petition. Either party

may appeal the order to the Circuit Court.

(4) If any of the territory stricken off has been assessed to pay the costs of any

improvements, the commission shall strike the assessments from the assessment roll

and refund to the respective owners any assessments collected on the land which

have been stricken off.

(5) If a deficit is incurred by striking off part of a water district, or by striking

assessments from the assessment roll, so that the assessment roll is insufficient to

pay the bonded indebtedness of the district, the deficit shall be paid out of the

general fund of the district, realized from all other resources in the district.
KRS § 148.560 — KY Code / Title XII / Chapter 148 / Section 148.560
148.560 Definitions for KRS 148.560 to 148.569
Status: in_force

148.560 Definitions for KRS 148.560 to 148.569.

As used in KRS 148.560 to 148.569, unless the context indicates otherwise:

(1) "Authority" means the Appalachian/Kentucky Artisans Gateway Center Authority;

(2) "Board" means the board of directors of the Appalachian/Kentucky Artisans

Gateway Center Authority; and

(3) "Center" means the Appalachian/Kentucky Artisans Gateway Center.
KRS § 365.784 — KY Code / Title XXIX / Chapter 365 / Section 365.784
365.784 Powers of Attorney General or county attorney -- Civil penalty -- Remedies
Status: in_force

365.784 Powers of Attorney General or county attorney -- Civil penalty --

Remedies.

(1) The Attorney General or county attorney may bring a civil action for temporary or

permanent injunctive relief against a person, if the Attorney General or county

attorney has reason to believe a person is advertising, conducting, or intends to

advertise or conduct a live musical performance or production in violation of KRS

365.782

(2) A person who violates KRS 365.782 shall be assessed a civil penalty of not less

than two thousand dollars ($2,000) or more than fifteen thousand dollars ($15,000)

per violation. Each performance or production in violation of KRS 365.782

constitutes a separate violation.

(3) The civil penalty provided by subsection (2) of this section is in addition to

injunctive relief and any other remedy that may be available.

(4) Any party, or assignee, authorized agent, or licensee of that party, who is injured as

a result of a person's violation of KRS 365.782 may bring a civil action for

compensable damages and equitable relief, including injunctive relief, and for treble

damages, reasonable attorney's fees, filing fees, and costs for the injured party.

(5) Each performance or production in violation of KRS 365.782 constitutes a separate

violation.
KRS § 183.863 — KY Code / Title XV / Chapter 183 / Section 183.863
183.863 Corporate nature -- Quorum
Status: in_force

183.863 Corporate nature -- Quorum.

The commission shall be a body politic and corporate with the usual corporate attributes,

including, but not limited to the power to sue and be sued, contract and be contracted with

and to do all things reasonable or necessary to effectively carry out the duties prescribed.

It shall meet on the call of the chairman or four (4) or more members. A quorum shall

consist of four (4) members.
KRS § 279.190 — KY Code / Title XXIV / Chapter 279 / Section 279.190
279.190 Fees for articles and amendments -- No recording taxes
Status: in_force

279.190 Fees for articles and amendments -- No recording taxes.

(1) For acting upon, filing and recording articles of incorporation, articles of

consolidation, articles of dissolution, or amendments to articles of incorporation or

consolidation, the corporation shall pay to the Secretary of State a sum not to

exceed two dollars ($2) for which the Secretary of State shall give his receipt.

(2) For filing and recording articles of incorporation, articles of consolidation, articles

of dissolution, or amendments to articles of incorporation or consolidation, the

corporation shall pay to the county clerk a sum not to exceed three dollars ($3), for

which the county clerk shall give his receipt.

(3) No fee shall be paid or received for affixing the state seal to any of the documents

mentioned in this section or to any copy thereof.

(4) The recordation of the documents mentioned in this section shall be exempt from all

recording taxes.
KRS § 524.090 — KY Code / Title L / Chapter 524 / Section 524.090
524.090 Jury tampering
Status: in_force

524.090 Jury tampering.

(1) A person is guilty of jury tampering when, with intent to influence a juror's vote,

opinion, decision or other action in a case, he communicates or attempts to

communicate, directly or indirectly, with a juror other than as a part of the

proceedings in the trial of the case.

(2) Jury tampering is a Class D felony.
KRS § 362.433 — KY Code / Title XXIX / Chapter 362 / Section 362.433
362.433 Admission of limited partners
Status: in_force

362.433 Admission of limited partners.

(1) A person shall become a limited partner on the later of:

(a) The date the original certificate of limited partnership is filed; or

(b) At any later date specified in the records of the limited partnership as the date

that person shall become a limited partner.

(2) After the filing of a limited partnership's original certificate of limited partnership, a

person may be admitted as an additional limited partner:

(a) In the case of a person acquiring a partnership interest directly from the

limited partnership, upon compliance with the partnership agreement or, if the

partnership agreement does not so provide, upon the written consent of all

partners; and

(b) In the case of an assignee of a partnership interest of a partner who has the

power, as provided in KRS 362.483, to grant the assignee the right to become

a limited partner, upon the exercise of that power and compliance with any

conditions limiting the grant or exercise of the power.
KRS § 386.100 — KY Code / Title XXXIII / Chapter 386 / Section 386.100
386.100 Application of payments made to a fiduciary -- Section not applicable to trustees
Status: in_force

386.100 Application of payments made to a fiduciary -- Section not applicable to

trustees.

(1) Any person who in good faith pays or transfers to a fiduciary any money or other

property which the fiduciary as such is authorized to receive shall not be responsible

for the proper application thereof by the fiduciary, and any right or title acquired

from the fiduciary in consideration of the payment or transfer shall not be invalid

because of a misapplication by the fiduciary.

(2) This section shall not apply to trustees.
KRS § 136.370 — KY Code / Title XI / Chapter 136 / Section 136.370
136.370 Tax on attorneys for exchange of reciprocal or interinsurance contracts -- Additional tax on premiums of stock insurers
Status: in_force

136.370 Tax on attorneys for exchange of reciprocal or interinsurance contracts --

Additional tax on premiums of stock insurers.

Each attorney, for the exchange of reciprocal or interinsurance contracts, under KRS

Chapter 304, shall pay to the Department of Revenue on or before March 1 of each year a

tax of two percent (2%) of the gross premiums or deposits collected from subscribers in

this state during the preceding calendar year, less all amounts returned to subscribers or

accredited to their account as savings. In addition, the attorney shall pay an annual

premium tax of three-fourths of one percent (0.75%) of all amounts as prescribed for

every stock insurer by and for the purposes specified in KRS 136.360.
KRS § 220.607 — KY Code / Title XVIII / Chapter 220 / Section 220.607
220.607 Winding up of construction subdistrict affairs, when, effect
Status: in_force

220.607 Winding up of construction subdistrict affairs, when, effect.

The district shall wind up the affairs of a construction subdistrict and incorporate it into

the district area only when:

(1) The board finds that such action would best serve the policy of KRS 220.010 to

220.540.

(2) There is not outstanding any bonds issued pursuant to KRS 220.611(2) if the

proceeds of such bond issue have been used, are being used, or will be used to

construct trunk, main, or intercepting sewers which, directly or indirectly, connect

the construction subdistrict to either the district facilities or to a treatment plant,

disposal plant, or outlet sewer also serving, directly or indirectly, another

construction subdistrict.

(3) The construction subdistrict has no outstanding obligations.

(4) The construction subdistrict has paid for its equitably allocable share of the capital

costs of, and is connected to, directly or indirectly either:

(a) The district facilities; or

(b) A treatment plant, disposal plant, or outfall sewer and any trunk, main or

intercepting sewers built to connect at least two (2) construction subdistricts to

such treatment or disposal plant, or outfall sewer.
KRS § 262.500 — KY Code / Title XXI / Chapter 262 / Section 262.500
262.500 Hearing before board of adjustment
Status: in_force

262.500 Hearing before board of adjustment.

The board of adjustment shall fix a time for the hearing of the petition and cause due

notice of the hearing to be given. The board of the district and the commission may

appear and be heard at the hearing. Any owner or occupier of lands lying within the

district who objects to the authorizing of the variance prayed for may intervene and

become a party to the proceedings. Any party to the hearing before the board of

adjustment may appear in person, by agent or by attorney.
KRS § 158.854 — KY Code / Title XIII / Chapter 158 / Section 158.854
158.854 Administrative regulation specifying minimum nutritional standards for foods sold outside school lunch programs -- Restrictions upon sale of certain foods and beverages -- Waiver -- Definitions -- Exceptions
Status: in_force

158.854 Administrative regulation specifying minimum nutritional standards for

foods sold outside school lunch programs -- Restrictions upon sale of certain

foods and beverages -- Waiver -- Definitions -- Exceptions.

(1) The Kentucky Board of Education shall promulgate an administrative regulation in

accordance with KRS Chapter 13A to specify the minimum nutritional standards

for all foods and beverages that are sold outside the National School Breakfast and

National School Lunch programs, whether in vending machines, school stores,

canteens, or a la carte cafeteria sales. Minimum nutritional standards shall be based

on the most recent edition of the United States Department of Agriculture's Dietary

Guidelines for Americans. The administrative regulation shall address serving size,

sugar, and fat content of the foods and beverages. School districts may impose more

stringent standards than the standards implemented under the administrative

regulation. A school shall follow the minimum standards specified in the

administrative regulation unless a waiver has been requested under KRS 156.161 by

the school district for the school from the Kentucky Board of Education.

Notwithstanding the duration of a waiver granted under KRS 156.161, any waiver

approved by the Board of Education relating to this section shall be reviewed on an

annual basis.

(2) As used in this section:

(a) "Competitive food" means any food or beverage item sold in competition with

the National School Breakfast and National School Lunch programs. The term

does not include any food or beverage sold a la carte in the cafeteria;

(b) "School day" means the period of time between the arrival of the first student

at the school building and the end of the last instructional period; and

(c) "School-day-approved beverage" means water, one hundred percent (100%)

fruit juice, lowfat milk, and any beverage that contains no more than ten (10)

grams of sugar per serving.

(3) No school may sell competitive foods or beverages from the time of the arrival of

the first student at the school building until thirty (30) minutes after the last lunch

period.

(4) Only school-day-approved beverages shall be sold in elementary schools during the

school day in vending machines, school stores, canteens, or fundraisers that sell

beverages by students, teachers, or groups.

(5) Nothing in this section or KRS 158.850 shall be construed to limit the sale of any

foods or beverages by fundraisers off school property.
KRS § 253.040 — KY Code / Title XXI / Chapter 253 / Section 253.040
253.040 Registration of brand -- Application -- Fee
Status: in_force

253.040 Registration of brand -- Application -- Fee.

Any application for the registration of a mark or brand with the board shall be on a form

prescribed by the board and shall be accompanied by a fee of ten dollars ($10) for each

mark or brand to be registered. Any such application for a brand shall show the brand

location to the following body regions of animals: neck, shoulder, rib and hip. When a

requested brand has been filed previously, the Commissioner and the applicant shall agree

on a second choice of brand and body location.
KRS § 218A.005 — KY Code / Title XVIII / Chapter 218A / Section 218A.005
218A.005 Legislative findings and declarations
Status: in_force

218A.005 Legislative findings and declarations.

The General Assembly hereby finds, determines, and declares that:

(1) The regulation of controlled substances in this Commonwealth is important and

necessary for the preservation of public safety and public health; and

(2) Successful, community-based treatment can be used as an effective tool in the effort

to reduce criminal risk factors. Therapeutic intervention and ongoing individualized

treatment plans prepared through the use of meaningful and validated, research-

based assessment tools and professional evaluations offer a potential alternative to

incarceration in appropriate circumstances and shall be used accordingly.
KRS § 369.110 — KY Code / Title XXIX / Chapter 369 / Section 369.110
369.110 Effect of change or error
Status: in_force

369.110 Effect of change or error.

If a change or error in an electronic record occurs in a transmission between parties to a

transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and

one (1) party has conformed to the procedure, but the other party has not, and the

nonconforming party would have detected the change or error had that party also

conformed, the conforming party may avoid the effect of the changed or erroneous

electronic record.

(2) In an automated transaction involving an individual, the individual may avoid the

effect of an electronic record that resulted from an error made by the individual in

dealing with the electronic agent of another person if the electronic agent did not

provide an opportunity for the prevention or correction of the error and, at the time

the individual learns of the error, the individual:

(a) Promptly notifies the other person of the error and that the individual did not

intend to be bound by the electronic record received by the other person;

(b) Takes reasonable steps, including steps that conform to the other person's

reasonable instructions, to return to the other person or, if instructed by the

other person, to destroy the consideration received, if any, as a result of the

erroneous electronic record; and

(c) Has not used or received any benefit or value from the consideration, if any,

received from the other person.

(3) If neither subsection (1) of this section nor subsection (2) of this section applies, the

change or error has the effect provided by other law, including the law of mistake,

and the parties' contract, if any.

(4) Subsections (2) and (3) of this section may not be varied by agreement.
KRS § 273.320 — KY Code / Title XXIII / Chapter 273 / Section 273.320
273.320 Involuntary dissolution
Status: in_force

273.320 Involuntary dissolution.

A corporation may be dissolved involuntarily by a decree of the Circuit Court in an action

filed by the Attorney General when it is established that:

(1) The corporation is guilty of abuse or misuse of its corporate powers, privileges or

franchises, or the corporation has become detrimental to the interest and welfare of

the Commonwealth of Kentucky or its citizens; or

(2) The corporation procured its articles of incorporation through fraud; or

(3) The corporation has failed to file its annual report as required by KRS 14A.6-010;

or

(4) The corporation has failed to appoint and maintain a registered agent in this state; or

(5) The corporation has failed after change of its registered agent to file in the office of

the Secretary of State a statement of such change.
KRS § 403.150 — KY Code / Title XXXV / Chapter 403 / Section 403.150
403.150 Procedure -- Commencement of action, pleadings, abolition of existing defenses
Status: in_force

403.150 Procedure -- Commencement of action, pleadings, abolition of existing

defenses.

(1) All proceedings under this chapter are commenced in the manner provided by the

Rules of Civil Procedure.

(2) The verified petition in a proceeding for dissolution of marriage or legal separation

shall allege the marriage is irretrievably broken and shall set forth:

(a) The age, occupation, Social Security number, and residence of each party,

provided in accordance with KRS 403.135, and his length of residence in this

state. If domestic violence and abuse, as defined in KRS 403.720, is alleged

by either party, the party filing the petition shall certify the existence and

status of any domestic violence protective orders. The party filing the petition

and alleging the abuse may substitute the party's attorney's address as the

address of the party and any minor children;

(b) The date of the marriage and the place at which it was registered;

(c) That the parties are separated and the date on which the parties separated;

(d) The names, ages, Social Security numbers, and addresses, provided in

accordance with KRS 403.135, of any living infant children of the marriage,

and whether the wife is pregnant;

(e) Any arrangements as to custody, visitation, and support of the children and the

maintenance of a spouse; and

(f) The relief sought.

(3) Either or both parties to the marriage may initiate the proceeding.

(4) If a proceeding is commenced by one (1) of the parties, the other party must be

served in the manner provided by the Rules of Civil Procedure and may file a

verified response.

(5) Previously existing defenses to divorce and legal separation, including but not

limited to condonation, connivance, collusion, recrimination, insanity, and lapse of

time, are abolished.

(6) The court may join additional parties proper for the exercise of its authority to

implement this chapter.

(7) When the wife is pregnant at the time the petition is filed, the court may continue

the case until the pregnancy is terminated.
KRS § 27A.380 — KY Code / Title IV / Chapter 27A / Section 27A.380
27A.380 Court disposition level relating to type of trial
Status: in_force

27A.380 Court disposition level relating to type of trial.

The court disposition level of the system shall consist of at least the following

information as relates to the type of trial:

(1) Jury trial; or

(2) Trial before the judge.