FrankGoortani/open-us-law huggingface dataset:
KRS § 173.370 — KY Code / Title XIV / Chapter 173 / Section 173.370
173.370 Annual reports
Status: in_force

173.370 Annual reports.

At the close of its fiscal year the board of trustees of every library shall make a report to

the legislative body of the governmental unit wherein the board serves, showing the

condition of its trust during the year, the sums of money received for the library fund, the

sums of money expended and the purposes of the expenditures, the number of books and

bound periodicals on hand, the number added during the year, the number discarded, the

number lent, and such other statistics and information and such suggestions as they deem

of public interest. A report shall also be filed with the Department for Libraries and

Archives at Frankfort, Kentucky, upon forms supplied by said department.
KRS § 243.590 — KY Code / Title XX / Chapter 243 / Section 243.590
243.590 Appeal to Court of Appeals
Status: in_force

243.590 Appeal to Court of Appeals.

Any party aggrieved by a judgment of the Circuit Court may appeal to the Court of

Appeals in accordance with the Rules of Civil Procedure.
KRS § 281.640 — KY Code / Title XXIV / Chapter 281 / Section 281.640
281.640 Conduct of hearings -- Suspension and revocation of certificates and licenses -- Final order -- Renewal of certificate does not preclude subsequent proceedings -- Appeal
Status: in_force

281.640 Conduct of hearings -- Suspension and revocation of certificates and

licenses -- Final order -- Renewal of certificate does not preclude subsequent

proceedings -- Appeal.

(1) Hearings before the department shall be conducted in accordance with the

provisions of KRS Chapter 13B.

(2) After a hearing held upon the department's motion or upon complaint, in addition to

the remedies outlined in KRS 281.630(10), the department may suspend or revoke

any certificate or license issued to a motor carrier if the department is satisfied the

motor carrier or the motor carrier's drivers, other agents, or motor carrier vehicles:

(a) Violate the provisions of this chapter;

(b) Violate an order or administrative regulation promulgated by the department;

(c) Violate the laws of this state; or

(d) Are found to be unfit to carry out the duties, obligations, and responsibilities

of a motor carrier.

(3) The commissioner or one (1) of the assistant commissioners with approval by the

commissioner, shall have authority to issue a final order of the department. The

recommended order shall not become the final order of the department through

failure to file exceptions, but in the absence of exceptions ordinarily will be taken

by the department as the basis of its final order.

(4) The department shall have the right to withdraw, set aside, or amend any final order

it has issued, except that such action upon the part of the department shall be taken

between the date of the rendition of the final order and the expiration of the time for

appeal or until an appeal has been taken.

(5) The renewal by the department of the certificate of a motor carrier shall not be

construed to be a waiver of any violation that occurred prior to the renewal and shall

not prevent subsequent proceedings against the motor carrier.

(6) An appeal to the Franklin Circuit Court may be taken from any final order of the

department by anyone who was a party to the proceedings before it by filing a

petition of appeal with the clerk of the Franklin Circuit Court in accordance with

KRS Chapter 13B. In the case of an appeal in which a certificate has been revoked

or suspended, the certificate shall remain in force until final disposition of the

appeal.
KRS § 390.070 — KY Code / Title XXXIII / Chapter 390 / Section 390.070
390.070 Presumption of unlimited authority
Status: in_force

390.070 Presumption of unlimited authority.

Subject to KRS 390.090, and unless the terms of the instrument creating a power of

appointment manifest a contrary intent, the power is:

(1) Presently exercisable;

(2) Exclusionary; and

(3) Except as otherwise provided in KRS 390.080, general.
KRS § 273A.020 — KY Code / Title XXIII / Chapter 273A / Section 273A.020
273A.020 Statement of authority as to real property
Status: in_force

273A.020 Statement of authority as to real property.

(1) An interest in real property held in the name of an unincorporated nonprofit

association may be transferred by a person authorized to do so in a statement of

authority recorded by the association in the office in the county in which a transfer

of the property would be recorded.

(2) A statement of authority shall set forth:

(a) The name of the unincorporated nonprofit association;

(b) The address in this Commonwealth, including the street address, if any, of the

association or, if the association does not have an address in this

Commonwealth, its out-of-state address;

(c) That the association is an unincorporated nonprofit association;

(d) The name and title or position of a person authorized to transfer an interest in

real property held in the name of the association; and

(e) An affirmation by the person executing the statement that they are duly

authorized to do so.

(3) A statement of authority shall be executed by a person other than the person

authorized in the statement to transfer the interest.

(4) A filing officer may collect a fee for recording a statement of authority in the

amount of ten dollars ($10).

(5) A document amending, revoking, or canceling a statement of authority or stating

that the statement is unauthorized or erroneous shall meet the requirements for

executing and recording an original statement.

(6) Unless canceled earlier, a recorded statement of authority and its most recent

amendment expire five (5) years after the date of the most recent recording.

(7) If the record title to real property is in the name of an unincorporated nonprofit

association and the statement of authority is recorded in the office of the county in

which a transfer of the property would be recorded, the authority of the person

named in the statement to transfer is conclusive in favor of a person that gives value

without notice that the person lacks authority.
KRS § 76.251 — KY Code / Title IX / Chapter 76 / Section 76.251
76.251 Assessment of costs -- Lien -- Payment -- Effect of nonpayment
Status: in_force

76.251 Assessment of costs -- Lien -- Payment -- Effect of nonpayment.

For facilities designed to serve the construction subdistrict the district may, pursuant to

KRS 76.243, adopt a method of assessment of benefited property on the basis of acreage

or any other equitable basis set forth in the order and notify property owner affected in

accordance with subsection (11) of KRS 76.172. From that date the assessment shall

constitute a lien against the property. The landowner may pay the assessment in full at

any time within thirty (30) days after notice of assessment; provided, however, that if

assessments are levied in accordance with KRS 107.010 to 107.220 the assessment

cannot be paid in full within thirty (30) days. Every property owner not paying the full

amount of his assessment within thirty (30) days shall be presumed to have consented to

the issuing of sewer or drainage construction bonds. Liens may be recorded in any

manner that any other statutory lien can be recorded.
KRS § 452.420 — KY Code / Title XLII / Chapter 452 / Section 452.420
452.420 Where action for distribution, partition or sale of decedent's estate must be brought
Status: in_force

452.420 Where action for distribution, partition or sale of decedent's estate must be

brought.

An action for the distribution of the estate of a deceased person, or for its partition among

his heirs, or for the sale, for payment of his debts, of property descended from or devised

by him, must be brought in the county in which his personal representative was qualified.
KRS § 262.560 — KY Code / Title XXI / Chapter 262 / Section 262.560
262.560 Board to terminate affairs of discontinued district -- Certification of discontinuance
Status: in_force

262.560 Board to terminate affairs of discontinued district -- Certification of

discontinuance.

Upon receipt from the commission of a certification that the commission has determined

that the continued operation of the district is not administratively practicable and feasible,

the board shall forthwith proceed to terminate the affairs of the district. The board shall

dispose of all property belonging to the district at public auction and shall pay the

proceeds of the sale into the State Treasury. The board shall file a verified application

with the Secretary of State for the discontinuance of the district, and shall transmit with

the application the certificate of the commission setting forth the determination of the

commission that the continued operation of the district is not administratively practicable

and feasible. The application shall recite that the property of the district has been disposed

of and the proceeds paid over as provided in this section, and shall set forth a full

accounting of such properties and proceeds of the sale. The Secretary of State shall issue

to the board a certificate of dissolution and shall record a copy of the certificate in his

office.
KRS § 139.990 — KY Code / Title XI / Chapter 139 / Section 139.990
139.990 Criminal penalties
Status: in_force

139.990 Criminal penalties.

(1) Any person who executes:

(a) A resale certificate for property in accordance with KRS 139.270 knowing

at the time of purchase that such property is not to be resold by him in the

regular course of business, for the purpose of evading the tax imposed

under this chapter;

(b) An exemption certificate, agriculture exemption license number, or a

Streamlined Sales and Use Tax Agreement Certificate of Exemption for

property in accordance with KRS 139.270, knowing at the time of the

purchase that he is not engaged in an occupation that would entitle him to

exemption status or any person who does not intend to use the property

in the prescribed manner; or

(c) A direct pay authorization for property not in accordance with an

administrative regulation promulgated by the department governing direct

pay authorizations;

shall be guilty of a Class B misdemeanor.

(2) A person who engages in business as a seller in this state without a permit or

permits as required by this chapter or after a permit has been suspended, and

each officer of any corporation which is so engaged in business, shall be guilty

of a Class B misdemeanor.

(3) Any person who violates any of the provisions of KRS 139.220, 139.380, or

139.700 shall be guilty of a Class B misdemeanor.

(4) Any person who violates any of the regulations promulgated by the department

shall be guilty of a Class B misdemeanor.

(5) Any person, business, or motion picture production company falsifying

expenditure reports, applications, or any other statements made in securing the

tax credit afforded by KRS 139.538 shall be guilty of a Class D felony. Such

motion picture production companies shall be denied any tax credit to which

they would otherwise be entitled, and shall be prohibited from applying for any

future credit afforded by KRS 139.538.
KRS § 382.796 — KY Code / Title XXXII / Chapter 382 / Section 382.796
382.796 Conspicuous notice of all fees and obligations to be included in real estate purchase contracts -- Civil remedies -- Buyer's waiver of rights void
Status: in_force

382.796 Conspicuous notice of all fees and obligations to be included in real estate

purchase contracts -- Civil remedies -- Buyer's waiver of rights void.

On and after April 11, 2012:

(1) Any contract or other instrument used for the sale of real property which obligates

the buyer to pay a fee to the seller upon the subsequent resale of the real property,

whether the fee or charge is a fixed amount or is stated as a percentage of the value

of the property, the purchase price, or other consideration given for the subsequent

transfer, shall include a conspicuous provision:

(a) Disclosing the existence of the obligation;

(b) Describing the obligation; and

(c) Stating that private transfer fee obligations, as that term is defined in KRS

382.792, are prohibited under KRS 382.794;

(2) A contract or other instrument for the sale of real property subject to the provisions

of this section and found not to be in compliance shall be void and shall:

(a) Not be enforceable by the seller against the buyer;

(b) Not subject the buyer to any liability to the seller for any damages; and

(c) Require the seller to return all deposits made in connection with the sale of the

real property;

(3) If a private transfer fee obligation is not discovered until after title of the property

has passed to the buyer, the buyer may recover any and all damages resulting from

the failure to disclose the obligation, including but not limited to:

(a) 1. The amount of any obligation paid by the buyer to the seller, including

interest thereon; or

2. The difference between the market value of the real property if it were

not subject to a private transfer fee obligation and the market value of

the real property as subject to a private transfer fee obligation; and

(b) Attorneys fees, expenses, and costs incurred by the buyer in seeking the

remedies under this section; and

(4) Any provision in a contract, covenant, or other instrument that purports to waive the

rights of a buyer under this section shall be void.
KRS § 381.080 — KY Code / Title XXXII / Chapter 381 / Section 381.080
381.080 Construction of "without heirs," "without children" or "issue" in deed or will
Status: in_force

381.080 Construction of "without heirs," "without children" or "issue" in deed or

will.

Unless a different purpose is plainly expressed in the instrument, every limitation in a

deed or will contingent upon a person dying "without heirs," or "without children" or

"issue," or other words of like import, shall be construed a limitation to take effect when

such person dies, unless the object on which the contingency is made to depend is then

living, or, if a child of his body, such child is born within ten (10) months next thereafter.
KRS § 211.979 — KY Code / Title XVIII / Chapter 211 / Section 211.979
211.979 Restrictions of use on vehicles licensed to haul sewage, sewage sludge, or grease
Status: in_force

211.979 Restrictions of use on vehicles licensed to haul sewage, sewage sludge, or

grease.

(1) Any vehicle licensed to haul sewage or sewage sludge pursuant to the provisions of

this chapter shall be dedicated for those purposes only and shall not be used for

hauling any product or substance intended for human or animal consumption.

(2) Any vehicle licensed to haul sewage, sewage sludge, or grease shall be prohibited

from hauling any substances or materials classified as hazardous substances or

hazardous waste constituents.
KRS § 363.902 — KY Code / Title XXIX / Chapter 363 / Section 363.902
363.902 Motor fuels inspection and testing program -- Applicability of American Society for Testing and Materials International standards -- Administrative regulations
Status: in_force

363.902 Motor fuels inspection and testing program -- Applicability of American

Society for Testing and Materials International standards -- Administrative

regulations.

(1) The Commissioner or his or her authorized agent shall implement and administer an

inspection and testing program for motor fuels intended for sale from a retail facility

to ensure compliance with KRS 363.900 to 363.908.

(2) For the purposes of administering and giving effect to the provisions of KRS

363.900 to 363.908, the standards set forth in the annual book of ASTM

International standards, supplements, and revisions shall be applied.

(3) In administering KRS 363.900 to 363.908, the department shall conform to any

provisions of federal law or regulations which impose requirements in conflict with

the ASTM International standard.

(4) The department may promulgate administrative regulations to implement and

enforce KRS 363.900 to 363.908.
KRS § 205.550 — KY Code / Title XVII / Chapter 205 / Section 205.550
205.550 Subjects on which council advises
Status: in_force

205.550 Subjects on which council advises.

(1) The council shall advise the Cabinet for Health and Family Services about health

and medical care services.

(2) The council shall have the opportunity for participation in policy development and

program administration and shall advise the Cabinet for Health and Family Services

on such matters.

(3) The council shall give advice regarding how to further the participation of recipient

members in the policy development and program administration of the Medical

Assistance Program.
KRS § 2.094 — KY Code / Title I / Chapter 2 / Section 2.094
2.094 State mineral
Status: in_force

2.094 State mineral.

Calcite is named and designated as the official mineral of Kentucky.
KRS § 277.315 — KY Code / Title XXIV / Chapter 277 / Section 277.315
277.315 Liability insurance requirement for special passenger excursion trains -- Limitation of damages
Status: in_force

277.315 Liability insurance requirement for special passenger excursion trains --

Limitation of damages.

(1) As used in this section:

(a) "Nonprofit sponsor" means a corporation whose purpose includes the historic

preservation of documents, memorabilia, and equipment associated with the

railroad industry, and public education regarding the history, current

functions, and future of railroad transportation and which is exclusive to

religious, scientific, literary, or educational within the meaning of 26 U.S.C.

sec. 501(c)(3) as amended; and

(b) "Special passenger excursion train" means a train offered by a nonprofit

sponsor to the public for operation over a common carrier railroad or railroad

authority.

(2) Notwithstanding any other statute to the contrary, liability for all claims, whether

for compensatory damages or punitive damages arising from a rail incident or

accident occurring in the Commonwealth, and made against a nonprofit sponsor of

a special passenger excursion train or owner or operator of an excursion train or

against the railroad or rail authority over whose tracks the special passenger

excursion train was operated when the accident or incident occurred, shall not

exceed the valid and collectible liability insurance coverage maintained on the

special passenger excursion train. The sponsor of a special passenger excursion

train shall maintain or provide evidence of insurance coverage of not less than five

million dollars ($5,000,000) per occurrence or per claim. A nonprofit sponsor shall

provide evidence of such coverage upon demand of the Transportation Cabinet.
KRS § 247.994 — KY Code / Title XXI / Chapter 247 / Section 247.994
247.994 Penalties
Status: in_force

247.994 Penalties.

(1) Any purchaser of soybeans, or corn, or small grains who violates, or fails or refuses

to comply with the provisions of KRS 247.510 to 247.595 or KRS 247.5061 to

247.5095, or KRS 247.6001 to 247.6035, shall upon conviction be fined not less

than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense.

Each day of the violation, or failing or refusing to comply with the provisions of

KRS 247.510 to 247.595 or KRS 247.5061 to 247.5095, or KRS 247.6001 to

247.6035 shall constitute a separate offense.

(2) Any operator of a livestock market, meat packing establishment, or slaughter

establishment who violates or fails or refuses to comply with the provisions of KRS

247.610 to 247.685 shall upon conviction be fined not less than twenty-five dollars

($25) nor more than fifty dollars ($50) for each offense. Each day of the violation,

or failing, or refusing to comply with the provisions of KRS 247.610 to 247.685

shall constitute a separate offense.

(3) Any operator of a tobacco warehouse, tobacco manufacturing establishment, or

tobacco dealer who violates or fails or refuses to comply with the provisions of

KRS 247.710 to 247.785 shall upon conviction be fined not less than twenty-five

dollars ($25) nor more than fifty dollars ($50) for each offense. Each failure to

withhold or refusal to comply with the provisions of KRS 247.710 to 247.785 shall

constitute a separate offense.

(4) Any egg handler who violates, or fails, or refuses to comply with the provisions of

KRS 247.850 to 247.865 shall, upon conviction, be fined not less than twenty-five

dollars ($25) nor more than fifty dollars ($50) for each offense. Each day of

violating, or failing, or refusing to comply with the provisions of KRS 247.850 to

247.865 shall constitute a separate offense.
KRS § 452.485 — KY Code / Title XLII / Chapter 452 / Section 452.485
452.485 When judgment in transitory action not to be rendered against single defendant
Status: in_force

452.485 When judgment in transitory action not to be rendered against single

defendant.

In action brought pursuant to KRS 452.480, against a single defendant, there shall be no

judgment against him, unless he be summoned in the county wherein the action is

brought; or, unless he reside in such county when the action is brought and be summoned

elsewhere in this state; or, unless he make defense to the action before objecting to the

jurisdiction of the court.
KRS § 164.365 — KY Code / Title XIII / Chapter 164 / Section 164.365
164.365 Governing boards to have exclusive control of employment, tenure, and official relations of employees -- Payroll deduction of employee membership organization dues for KCTCS employees
Status: in_force

164.365 Governing boards to have exclusive control of employment, tenure, and

official relations of employees -- Payroll deduction of employee membership

organization dues for KCTCS employees.

(1) Anything in any statute of the Commonwealth to the contrary notwithstanding, the

power over and control of appointments, qualifications, salaries, and compensation

payable out of the State Treasury or otherwise, promotions, and official relations of

all employees of Eastern Kentucky University, Western Kentucky University,

Murray State University, Northern Kentucky University, and Morehead State

University, as provided in KRS 164.350 and 164.360, and of Kentucky State

University and the Kentucky Community and Technical College System, shall be

under the exclusive jurisdiction of the respective governing boards of each of the

institutions named.

(2) The board of regents for the Kentucky Community and Technical College System

shall develop personnel rules for the governing of its members, officers, agents, and

employees by June 30, 1998. The board shall adopt interim policies to govern

employees hired from July 1, 1997, until the permanent rules are adopted.

(3) Upon receipt of a written authorization from an employee of the Kentucky

Community and Technical College System, the board shall deduct dues from the

employee's paycheck for employee membership organizations, except that no

deduction shall be made for labor organization membership dues, fees, assessments,

or contributions for political activities. Dues shall be deducted at a rate established

by the organization, and shall be discontinued upon written notification by an

employee to both the system and the employee organization. On a quarterly basis,

the Kentucky Community and Technical College System shall provide to each

employee membership organization an updated list that includes the names and

home addresses of the employees who are having dues deducted from their

paychecks for the purpose of maintaining membership in that organization.
KRS § 48.316 — KY Code / Title VI / Chapter 48 / Section 48.316
48.316 Temporary suspension or modification of statutory provisions due to conflict with provisions of budget bill
Status: in_force

48.316 Temporary suspension or modification of statutory provisions due to

conflict with provisions of budget bill.

To the extent that the provisions of a budget bill are in conflict with any provisions of

KRS Chapters 12, 42, 56, 152, 177, or 341, the provisions of those chapters are hereby

suspended or modified. Such suspension or modification shall not extend beyond the

duration of the budget bill.