FrankGoortani/open-us-law huggingface dataset:
KRS § 24A.320 — KY Code / Title IV / Chapter 24A / Section 24A.320
24A.320 Waiver of jury trial -- Removal to regular docket when jury trial requested
Status: in_force

24A.320 Waiver of jury trial -- Removal to regular docket when jury trial

requested.

(1) All claims in the small claims division shall be tried without a jury. Upon filing a

claim, the plaintiff shall be deemed to have waived his right to a jury trial in the

division. This waiver shall be explained on the claim form provided by the clerk.

(2) If the defendant in any action desires a jury trial, he shall give written notice to the

division at least seven (7) days prior to the time set for the hearing, and the case

shall be removed to the regular docket of the District Court, and shall thereafter be

subject to all the provisions of law and rules of court applicable to proceedings in

the District Court.
KRS § 70.440 — KY Code / Title IX / Chapter 70 / Section 70.440
70.440 False entries in books and reports
Status: in_force

70.440 False entries in books and reports.

No constable or deputy constable in any county shall make, participate in making, or

knowingly permit another to make a false entry, or omit, or participate in or permit the

omission of, any proper entry, in his or her official books or records, or knowingly make

or participate in the making of any false statement or report, including reports required

under KRS 70.430, or knowingly take any action with intent to cheat or defraud the state,

the county, or any person.
KRS § 177.106 — KY Code / Title XV / Chapter 177 / Section 177.106
177.106 Definition -- Highway encroachment prohibited without permit -- Removal -- Civil fines imposed and collected -- Permissible use of fines
Status: in_force

177.106 Definition -- Highway encroachment prohibited without permit -- Removal

-- Civil fines imposed and collected -- Permissible use of fines.

(1) As used in this section, "encroachment" means any improvement to land including

but not limited to buildings, fences, ditches, embankments, driveways, or signs, or

any change from the original contour of land, that:

(a) Is constructed, created, or implemented under, on, or over the right-of-way of

a state-maintained road; and

(b) May hinder or prevent use or maintenance of a road or right-of-way.

(2) (a) A person shall not cause an encroachment or allow an encroachment to remain

under, on, or over any part of the right-of-way of a state-maintained road

unless that person has first obtained an encroachment permit from the

Department of Highways.

(b) If the department determines that an encroachment, for which an

encroachment permit has not been issued, interferes with the safe, convenient,

and continuous use and maintenance of a road, the department shall issue to

the responsible party a notice of violation and order to remove or relocate the

encroachment within seven (7) days, at the responsible party's expense.

(c) If the department orders the removal or change in location of any

encroachment from the right-of-way and the responsible party fails to remove

it or change its location within the time allotted in paragraph (b) of this

subsection, the department shall:

1. Cause the removal of the encroachment; and

2. Recoup the cost of removal from the responsible party. Moneys

recouped under this paragraph shall be deposited in the road fund.

(3) In addition to any payment required to cover the costs of removal pursuant to

subsection (2)(c) of this section, any person who fails to obtain a permit as required

by subsection (2)(a) of this section shall, upon issuance of a notice of violation

under subsection (2)(b) of this section:

(a) Be subject to a civil fine of:

1. Five hundred dollars ($500) for the first violation;

2. One thousand dollars ($1,000) for the second violation within a three (3)

year period; and

3. Two thousand dollars ($2,000) for a third or subsequent violation within

a three (3) year period;

(b) After a third violation within a three (3) year period, be prohibited from

receiving an encroachment permit from the department for a period of six (6)

months, from the date of notice of the third violation; and

(c) Be responsible for payment, within twenty-four (24) hours of notice from the

department, for any safety measures determined to be necessary by the

department.

(4) Any civil fines imposed pursuant to subsection (3)(a) of this section shall be:

(a) Collected by the municipality in which the violation occurred; and

(b) Used by that municipality for public safety or infrastructure purposes.
KRS § 90.130 — KY Code / Title IX / Chapter 90 / Section 90.130
90.130 Compensation of board members -- Meetings -- Minutes -- Officers -- Employees
Status: in_force

90.130 Compensation of board members -- Meetings -- Minutes -- Officers --

Employees.

(1) Each member of the board may be paid a salary not to exceed a per diem allowance

to be fixed from time to time by ordinance of the board of aldermen, for each

meeting attended, provided, however, that the annual allowance of any one (1)

member of the board shall not exceed the maximum sum fixed by the ordinance of

the board of aldermen in any one (1) fiscal year, and in addition thereto members

shall be reimbursed for necessary travel and other expenses incurred in connection

with their duties as members.

(2) The board shall hold at least one (1) regular meeting in each month and shall hold

such additional meetings as may be necessary.

(3) The board shall keep full and complete minutes of its proceedings, which minutes

shall, subject to reasonable regulations, be open to public inspection.

(4) The board shall elect a chairman and a vice chairman from its members, and the

personnel director shall be the secretary-treasurer thereof.

(5) The board is authorized and empowered to employ such persons as may be

necessary and proper for the efficient conduct of its activities hereunder. The board

may fix the compensation to be paid such employees, in accordance with the

schedule of salaries established, or that may be established, by ordinance.
KRS § 382.320 — KY Code / Title XXXII / Chapter 382 / Section 382.320
382.320 Clerk may correct errors and omissions of predecessor
Status: in_force

382.320 Clerk may correct errors and omissions of predecessor.

(1) If the office of any county clerk has been vacated, leaving any instrument recorded

in his office, the original of which has never been taken therefrom, and in the record

of which, or the authentication thereof, there is a deviation from the original, the

successor shall correct such record by making it an exact copy of the original

instrument and authentication.

(2) Whenever the clerk who has vacated his office has failed to put his name to the

certificate on any instrument which he has recorded, or to the record thereof, and the

original has not been removed from his office, the successor shall sign the name of

his predecessor to the certificate, and shall make a note on the record at the foot of

the certificate, of any act so done.
KRS § 325.250 — KY Code / Title XXVI / Chapter 325 / Section 325.250
325.250 Revolving fund for board
Status: in_force

325.250 Revolving fund for board.

All fees and other moneys received by the board pursuant to the provisions of this chapter

shall be deposited in the State Treasury to the credit of a revolving fund for the use of the

board in carrying out the provisions of this chapter. No part of this revolving fund shall

revert to the general funds of this state. The compensation provided by this chapter and

all expenses incurred under this chapter shall be paid from this revolving fund. No such

compensation or expense shall be a charge against the general funds of this state.
KRS § 457.265 — KY Code / Title XLII / Chapter 457 / Section 457.265
457.265 Construction of authority generally
Status: in_force

457.265 Construction of authority generally.

Except as otherwise provided in the power of attorney, by executing a power of attorney

that incorporates by reference a subject described in KRS 457.270 to 457.390 or that

grants to an agent authority to do all acts that a principal could do pursuant to KRS

457.245(3), a principal authorizes the agent, with respect to that subject, to:

(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of

value to which the principal is, may become, or claims to be entitled, and conserve,

invest, disburse, or use anything so received or obtained for the purposes intended;

(2) Contract in any manner with any person, on terms agreeable to the agent, to

accomplish a purpose of a transaction and perform, rescind, cancel, terminate,

reform, restate, release, or modify the contract or another contract made by or on

behalf of the principal;

(3) Execute, acknowledge, seal, deliver, file, or record any instrument or

communication the agent considers desirable to accomplish a purpose of a

transaction, including creating at any time a schedule listing some or all of the

principal’s property and attaching it to the power of attorney;

(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or

propose or accept a compromise with respect to a claim existing in favor of or

against the principal or intervene in litigation relating to the claim;

(5) Seek on the principal’s behalf the assistance of a court or other governmental

agency to carry out an act authorized in the power of attorney;

(6) Engage, compensate, and discharge an attorney, accountant, discretionary

investment manager, expert witness, or other advisor;

(7) Prepare, execute, and file a record, report, or other document to safeguard or

promote the principal’s interest under a statute or regulation;

(8) Communicate with any representative or employee of a government or

governmental subdivision, agency, or instrumentality, on behalf of the principal;

(9) Access communications intended for, and communicate on behalf of the principal,

whether by mail, electronic transmission, telephone, or other means; and

(10) Do any lawful act with respect to the subject and all property related to the subject.
KRS § 58.030 — KY Code / Title VII / Chapter 58 / Section 58.030
58.030 Interest rate and maturity of bonds -- Leasing of project -- Acceptance of donations and government aid
Status: in_force

58.030 Interest rate and maturity of bonds -- Leasing of project -- Acceptance of

donations and government aid.

(1) The bonds may be issued to bear interest at the rate or rates or method of

determining rates, payable at least annually, and shall be executed in such manner,

and be payable at such times not exceeding forty (40) years from date thereof and at

such place or places as the governmental agency determines.

(2) The bonds may provide that they or any of them may be called for redemption prior

to maturity, on any date not earlier than one (1) year from the date of issuance of the

bonds, under conditions fixed by the governmental agency before issuing the bonds.

(3) Any governmental agency is authorized to rent or lease such public project or any

portion thereof to or contract concerning same with any persons, partnerships,

associations, or corporations either public or private, profit or nonprofit.

Notwithstanding any of the other provisions of KRS 58.010 to 58.140 or any other

laws, any such renting, leasing, or contracting may be accomplished without the

necessity of awarding such lease or contract by advertisement or competitive

bidding, provided the governmental agency so leasing such project or any portion

thereof or contracting concerning same first makes a legislative determination that it

is in the best interest of such governmental agency to enter into such lease or

contract without the necessity for such advertisement or competitive bidding; and

such lease may provide that the lessee therein is permitted or obligated to sublease

the project or any portion thereof for the purpose of accomplishing the creation,

improvement, revitalization, renewal or modernization of a central business or

shopping community.

(4) A governmental agency is empowered to accept donations or gifts to the public

project from any source and to accept appropriations and grants to the public project

from the federal government or its agencies and appropriations from the state or any

county, city, or other political subdivision and, at the option of the governmental

agency, to pledge such donations, gifts, or appropriations to the payment of revenue

bonds issued to finance the cost of a public project.
KRS § 205.180 — KY Code / Title XVII / Chapter 205 / Section 205.180
205.180 Destruction of records
Status: in_force

205.180 Destruction of records.

The secretary for health and family services may authorize the destruction of such

original reports and records as have been properly recorded or summarized in the

permanent records of the cabinet or are no longer considered necessary to the proper

administration of the cabinet. Such destruction or disposition shall be made only by order

of the secretary. Any money received from the disposition of such records shall be

deposited to the credit of trust and agency accounts.
KRS § 247.960 — KY Code / Title XXI / Chapter 247 / Section 247.960
247.960 Obligations are legal investments for public entities and fiduciaries
Status: in_force

247.960 Obligations are legal investments for public entities and fiduciaries.

Obligations issued by the corporation in its lending agency capacity under the provisions

of KRS 247.940 to 247.978 are hereby made securities in which all public officers and

public bodies of the Commonwealth and its political subdivisions, all insurance

companies, trust companies, banking associations, investment companies, executors,

administrators, trustees and other fiduciaries may properly and legally invest funds,

including capital in their control or belonging to them. Such obligations are hereby made

securities which may properly and legally be deposited with and received by any state or

municipal officer or any agency or political subdivision of the Commonwealth for any

purpose for which the deposit of bonds, notes or obligations of the Commonwealth is

now or may hereafter be authorized by law.
KRS § 157.990 — KY Code / Title XIII / Chapter 157 / Section 157.990
157.990 Penalties
Status: in_force

157.990 Penalties.

(1) Any person who willfully violates any of the provisions of KRS 157.100 to 157.180

shall be fined not less than one hundred dollars ($100) nor more than five hundred

dollars ($500).

(2) Any person who willfully violates any of the provisions of KRS 157.310 to 157.440

shall be fined not less than one hundred dollars ($100) nor more than five hundred

dollars ($500).
KRS § 214.655 — KY Code / Title XVIII / Chapter 214 / Section 214.655
214.655 Availability of grant opportunities for treatment of HIV and AIDS
Status: in_force

214.655 Availability of grant opportunities for treatment of HIV and AIDS.

The cabinet may make available information about grant opportunities to nonprofit clinics

in the Commonwealth that are established to provide treatment in a multidisciplinary

team approach for patients with HIV and AIDS.
KRS § 42.505 — KY Code / Title VI / Chapter 42 / Section 42.505
42.505 Authority of State Investment Commission
Status: in_force

42.505 Authority of State Investment Commission.

Subject to the limitations of KRS Chapters 41 and 42 the State Investment Commission is

authorized to make purchases, sales, exchanges, investments, and reinvestments, of any

of the securities and investments in which any of the state funds shall have been invested,

as well as the proceeds of said investments and any money belonging to said funds.
KRS § 177.250 — KY Code / Title XV / Chapter 177 / Section 177.250
177.250 Acquisition of property and property rights -- Options to acquire -- Administrative regulations
Status: in_force

177.250 Acquisition of property and property rights -- Options to acquire --

Administrative regulations.

(1) For the purposes of KRS 177.220 to 177.310, the highway authorities of the state,

county, or city may acquire private or public property and property rights for limited

access facilities and service roads, including rights of access, air, view, and light, by

gift, devise, purchase, or condemnation in the same manner as such units are

authorized by law to acquire property or property rights in connection with

highways and streets within their respective jurisdiction. Except as provided in

subsection (2) of this section, all property rights acquired under the provisions of

KRS 177.220 to 177.310 shall be in fee simple. In connection with the acquisition

of property or property rights for any limited access facility or portion thereof, or

service road in connection therewith, the state, county, or city highway authority

may, in its discretion, acquire an entire lot, block, or tract of land, if by so doing, the

interests of the public will be best served, even though said entire lot, block, or tract

is not immediately needed for the right-of-way proper.

(2) A city, county, or urban-county independently, or any combination of a city, county,

or urban-county that have entered into an interlocal cooperative agreement under

KRS 65.210 to 65.300, may purchase options to acquire property or property rights

on highways or streets within their respective jurisdictions if the property or

property rights to be acquired are for highway projects included in:

(a) The most recent twenty (20) year statewide transportation plan adopted by the

Transportation Cabinet and submitted to the Federal Highway Administration;

(b) The most recent six (6) year road plan enacted by the General Assembly;

(c) The most recent long-range transportation plan adopted by a metropolitan

planning organization and submitted to the Transportation Cabinet; or

(d) The most recent recommendations of an area development district

transportation committee that have been submitted to the Transportation

Cabinet.

(3) The secretary of the Transportation Cabinet shall promulgate administrative

regulations in accordance with KRS Chapter 13A to establish guidelines governing

the purchase of options under subsection (2) of this section.
KRS § 362.493 — KY Code / Title XXIX / Chapter 362 / Section 362.493
362.493 Distribution of assets
Status: in_force

362.493 Distribution of assets.

Upon the winding up of a limited partnership, the assets shall be distributed as follows:

(1) To creditors, including partners who are creditors, to the extent permitted by law, in

satisfaction of liabilities of the limited partnership, other than liabilities for

distributions to partners under KRS 362.403 to 362.525;

(2) Except as otherwise provided in the partnership agreement, to partners and former

partners in satisfaction of liabilities for distributions under KRS 362.403 to

362.525; and

(3) Except as otherwise provided in the partnership agreement, to partners first for the

return of their contributions and secondly, respecting their partnership interests, in

the proportions in which the partners share in distributions.
KRS § 43.032 — KY Code / Title VI / Chapter 43 / Section 43.032
43.032 Background checks required for prospective, current, and contracted employees with access to federal tax information -- Administrative regulations
Status: in_force

43.032 Background checks required for prospective, current, and contracted

employees with access to federal tax information -- Administrative regulations.

(1) The Auditor shall require a national and state criminal background check for every

prospective and current employee, including contract staff, with access to or use of

federal tax information and may enroll employees and contract staff in the rap back

system for continuous monitoring. The criminal background check required by this

subsection shall include a fingerprint check by the Department of Kentucky State

Police and the Federal Bureau of Investigation, pursuant to the following

requirements:

(a) The Auditor shall require each employee and contracted staff member with

access to or use of federal tax information to submit a complete and legible set

of fingerprints to the Department of Kentucky State Police in the manner

deemed appropriate by the Department of Kentucky State Police and the

Federal Bureau of Investigation;

(b) The Department of Kentucky State Police shall submit the fingerprint card to

the Federal Bureau of Investigation for a national criminal background check

after a state criminal background check is conducted;

(c) The results of a national and state criminal background check shall not be

distributed or otherwise released by the Auditor, except that the Auditor:

1. Shall provide an employee with the results of his or her national and

state criminal background check upon request; and

2. May introduce the results, under seal, as evidence in a legal proceeding

that involves a challenge to any personnel action taken by the Auditor

based in whole or in part on information contained in the results; and

(d) Any fee charged by the Department of Kentucky State Police or for the

Federal Bureau of Investigation background check or enrollment in the rap

back system shall be an amount no greater than the actual cost of processing

the request and conducting the background check.

(2) The Auditor shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section.
KRS § 381.897 — KY Code / Title XXXII / Chapter 381 / Section 381.897
381.897 Individual and common liabilities for injuries or damages
Status: in_force

381.897 Individual and common liabilities for injuries or damages.

(1) Where a judgment arising from a risk common to all of the co-owners is in excess

of the liability insurance in force, the liability of any co-owner shall not exceed his

pro rata share as determined by the percentage the value of his individual unit bears

to the value of the property as a whole. An uncollected share of a judgment shall not

be reassessed among the other co-owners.

(2) Any unit owner shall be individually liable for injuries or damages which result

from his own negligence or willful misconduct or which occur within his individual

unit to the same extent and degree as the individual owner of any other residential,

office, industrial or business property.
KRS § 29A.110 — KY Code / Title IV / Chapter 29A / Section 29A.110
29A.110 Disclosure of records or papers used in selection process
Status: in_force

29A.110 Disclosure of records or papers used in selection process.

The contents of any records or papers used by the Administrative Office of the Courts or

the clerk in connection with the selection process and not required to be made public

under this chapter shall not be disclosed, except in connection with the preparation or

presentation of a motion under the Rules of Civil Procedure or the Rules of Criminal

Procedure or upon order of the Chief Justice.