FrankGoortani/open-us-law huggingface dataset:
KRS § 81A.425 — KY Code / Title IX / Chapter 81A / Section 81A.425
81A.425 Notice of proposed annexation to property owners -- Exception -- Publication of annexation ordinance -- Action to void annexation
Status: in_force

81A.425 Notice of proposed annexation to property owners -- Exception --

Publication of annexation ordinance -- Action to void annexation.

(1) Notwithstanding the provisions of KRS 83A.060(7) and except as otherwise

provided in this section, a city which proposes to annex unincorporated territory

shall send notice of the proposed annexation to each property owner whose property

is proposed to be annexed into the city.

(2) The notice shall be sent to each property owner listed on the records of the county

property valuation administrator as of January 1 of the year in which the ordinance

proposing to annex property is to be enacted.

(3) The notice shall be sent by first-class mail no later than fourteen (14) days prior to

the meeting at which the ordinance proposing the annexation shall receive its

second reading. The city clerk shall certify the list of property owners to whom the

notice was sent and the certified list shall be made a part of the official record of the

meeting at which the ordinance proposing the annexation receives its second

reading.

(4) The notice shall include the time, date, and location of the meeting at which the

proposed ordinance shall receive its second reading, and a copy of the proposed

ordinance.

(5) The provisions of this section shall not apply in any case in which the property

owners of record have consented in writing to the proposed annexation as provided

in KRS 81A.412.

(6) Notwithstanding the provisions of KRS 424.130, following the second reading and

enactment of an ordinance proposing to annex property, a city shall be required to

publish the ordinance only once in accordance with KRS 83A.060(9).

(7) The ordinance which effectuates an annexation shall be voidable in an action

brought in the Circuit Court of competent jurisdiction, if the court determines that

the city failed to substantially comply with the requirements of this section, and the

failure resulted in material prejudice to the substantial rights of affected property

owners.
KRS § 273.600 — KY Code / Title XXIII / Chapter 273 / Section 273.600
273.600 Definitions for KRS 273.600 to 273.645
Status: in_force

273.600 Definitions for KRS 273.600 to 273.645.

In KRS 273.600 to 273.645:

(1) "Charitable purpose" means the relief of poverty, the advancement of education or

religion, the promotion of health, the promotion of a governmental purpose, or any

other purpose the achievement of which is beneficial to the community;

(2) "Endowment fund" means an institutional fund or part thereof that, under the terms

of a gift instrument, is not wholly expendable by the institution on a current basis.

The term does not include assets that an institution designates as an endowment

fund for its own use;

(3) "Gift instrument" means a record or records, including an institutional solicitation,

under which property is granted to, transferred to, or held by an institution as an

institutional fund;

(4) "Institution" means:

(a) A person, other than an individual, organized and operated exclusively for

charitable purposes;

(b) A government or governmental subdivision, agency, or instrumentality, to the

extent that it holds funds exclusively for a charitable purpose; or

(c) A trust that had both charitable and noncharitable interests, after all

noncharitable interests have terminated;

(5) "Institutional fund" means a fund held by an institution exclusively for charitable

purposes. The term does not include:

(a) Program-related assets;

(b) A fund held for an institution by a trustee that is not an institution; or

(c) A fund in which a beneficiary that is not an institution has an interest, other

than an interest that could arise upon violation or failure of the purposes of the

fund;

(6) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public corporation, government

or governmental subdivision, agency, or instrumentality, or any other legal or

commercial entity;

(7) "Program-related asset" means an asset held by an institution primarily to

accomplish a charitable purpose of the institution and not primarily for investment;

and

(8) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.
KRS § 45A.487 — KY Code / Title VI / Chapter 45A / Section 45A.487
45A.487 Definitions for KRS 45A.487 and 45A.488
Status: in_force

45A.487 Definitions for KRS 45A.487 and 45A.488.

(1) "Public agency" as used in KRS 45A.487 and 45A.488 has the same meaning as in

KRS 61.870.

(2) "Public works" as used in KRS 45A.487 and 45A.488 means all buildings, roads,

streets, alleys, sewers, ditches, sewage disposal plants, waterworks, and all other

structures or work, including "adult correctional facilities," as defined in KRS

197.500, constructed under contract with any public agency.
KRS § 260.993 — KY Code / Title XXI / Chapter 260 / Section 260.993
260.993 Penalty for violation of regulation adopted by Southern Dairy Compact Commission. (Effective upon contingency.)
Status: in_force

260.993 Penalty for violation of regulation adopted by Southern Dairy Compact

Commission. (Effective upon contingency.)

Any handler who violates a regulation adopted by the Southern Dairy Compact

Commission established in Article III of the Southern Dairy Compact set out in KRS

260.670 shall be subject to a penalty of up to five thousand dollars ($5,000) per day. Each

day of violation shall constitute a separate offense.
KRS § 141.207 — KY Code / Title XI / Chapter 141 / Section 141.207
141.207 Calculation of estimated tax required by KRS 141.206 for nonresident individuals -- Payment of estimated tax
Status: in_force

141.207 Calculation of estimated tax required by KRS 141.206 for nonresident

individuals -- Payment of estimated tax.

(1) For a nonresident individual partner, member, or shareholder, the payment of

estimated tax required by KRS 141.206 shall be calculated under KRS 141.020 and

141.305 for the taxable year.

(2) The payment of estimated tax shall be made in installments by the pass-through

entity in the same manner and at the same times as provided by KRS 141.305, for a

nonresident individual partner, member, or shareholder.

(3) A pass-through entity required to make a payment of estimated tax shall be subject

to the penalty provisions for any underpayment of estimated tax.
KRS § 452.520 — KY Code / Title XLII / Chapter 452 / Section 452.520
452.520 River or road dividing counties
Status: in_force

452.520 River or road dividing counties.

Where any part of a river, watercourse, highway, road or street constitutes the boundary

line between two (2) counties, the venue is in both counties for the prosecution of crimes

committed over the whole extent of such part of the river, watercourse, highway, road,

street or any island in the river.
KRS § 136.1877 — KY Code / Title XI / Chapter 136 / Section 136.1877
136.1877 Application of section -- Appeal from notice of tentative assessment -- Effect of appeal on payment of taxes -- Collection of state taxes -- Aggregate local rate to be set annually -- Distribution
Status: in_force

136.1877 Application of section -- Appeal from notice of tentative assessment --

Effect of appeal on payment of taxes -- Collection of state taxes -- Aggregate

local rate to be set annually -- Distribution.

The provisions of this section shall apply to assessments made prior to January 1, 2007.

(1) The Department of Revenue shall immediately, after fixing the assessed value of the

trucks, tractors, trailers, semitrailers, and buses, notify the taxpayer of the valuation

determined. Any taxpayer who has been assessed by the department in the manner

outlined in KRS 136.1873 shall have sixty (60) days from the date of the

department's notice of the tentative assessment to protest as provided by KRS

131.110.

(2) No appeal shall delay the collection or payment of taxes based upon the assessment

in controversy. The taxpayer shall pay all state, county, and district taxes due on the

valuation which the taxpayer claims as the true value as stated in the protest filed

under KRS 131.110. When the valuation is finally determined upon appeal, the

taxpayer shall be billed for any additional tax and interest at the tax interest rate as

defined in KRS 131.010(6), from the date the tax would have become due if no

appeal had been taken. The provisions of KRS 134.015(6) shall apply to the tax bill.

(3) The state and local taxes on the property are due sixty (60) days from the date of

notice and shall be collected directly by the Department of Revenue.

(4) The Department of Revenue shall annually calculate an aggregate local rate to be

used in determining the local taxes to be collected. The rate shall be the statewide

average motor vehicle tax rate for each type of local taxing district multiplied by a

fraction, the numerator of which is the commercial and industrial tangible personal

property assessment subject to full local rates and the denominator of which is the

total commercial and industrial tangible personal property assessment.

(5) The local taxes collected by the Department of Revenue shall be distributed to each

local taxing district levying a tax on motor vehicles based on the statewide average

rate for each type of local taxing district. However, prior to distribution any fees

owed to the Department of Revenue by any local taxing district under the provisions

of KRS 136.180(5) shall be deducted.
KRS § 58.120 — KY Code / Title VII / Chapter 58 / Section 58.120
58.120 Bonds for extensions and improvements
Status: in_force

58.120 Bonds for extensions and improvements.

Any governmental agency acquiring any public project pursuant to the provisions of KRS

58.010 to 58.140 may, at the time of issuing the bonds for such acquisition, provide for

additional bonds for extensions and permanent improvements to be placed in escrow and

to be negotiated from time to time as proceeds for that purpose may be necessary. Bonds

placed in escrow shall, when negotiated, have equal standing with bonds of the same

issue.
KRS § 61.394 — KY Code / Title VIII / Chapter 61 / Section 61.394
61.394 State employees' leave of absence -- Pay -- Unused military leave
Status: in_force

61.394 State employees' leave of absence -- Pay -- Unused military leave.

(1) All officers and employees of this state, or of any department or agency thereof who

are members of the National Guard or of any reserve component of the Armed

Forces of the United States, or of the reserve corps of the United States Public

Health Service, shall be entitled to leave of absence from their respective duties,

without loss of time, pay, regular leave, impairment of efficiency rating, or of any

other rights or benefits to which they are entitled, while:

(a) In the performance of duty or training in the service of a state or of the United

States under competent orders as specified in this section;

(b) Physically disabled as a result of an injury, illness, or disease incurred or

aggravated in the line of duty while performing active-duty or inactive-duty

training; or

(c) Entitled to incapacitation pay pursuant to 37 U.S.C. sec. 204.

Leave pursuant to paragraphs (b) and (c) of this subsection shall not exceed six (6)

months unless approved by the employee's appointing authority.

(2) In any one (1) federal fiscal year, officers or employees, while on military leave,

shall, upon request, be paid their salaries or compensations for a period or periods

not exceeding twenty-one (21) calendar days. Any unused military leave in a federal

fiscal year shall be carried over to the next year. Any unused military leave shall

expire two (2) years after it has accrued.
KRS § 379.040 — KY Code / Title XXXI / Chapter 379 / Section 379.040
379.040 Resignation or removal of assignee
Status: in_force

379.040 Resignation or removal of assignee.

(1) An assignee may resign his trust upon settling his accounts, and the settlement shall

be confirmed and the assignee discharged from liability sixty (60) days after the

settlement has been filed, if no exceptions are filed thereto. If exceptions are filed,

they shall be heard and determined by the court.

(2) If an assignee moves his residence out of the state, or becomes insane or otherwise

incapable of discharging the trust, the court may, upon ten (10) days' notice to him,

his attorney or committee, remove the assignee and appoint another in his stead. If

creditors representing one-half (1/2) in number and two-thirds (2/3) of the amount

of debts against the estate so request in writing, the court shall remove the assignee

and appoint another in his stead.
KRS § 117.316 — KY Code / Title X / Chapter 117 / Section 117.316
117.316 Duties of challenger
Status: in_force

117.316 Duties of challenger.

The duties of a challenger appointed and certified as provided in KRS 117.315 shall

include:

(1) The challenge of the eligibility of a voter who presents himself at the precinct to

vote, but who the challenger has reason to believe:

(a) Is not a duly registered voter in the precinct;

(b) Is not a resident of the precinct;

(c) Is a convicted felon who has not had his civil rights restored; or

(d) Is not the person he claims to be.

(2) If the challenger attempts to challenge a person's right to vote, he shall express his

challenge to the precinct election officer; he shall sign the oath of voter executed by

the voter if the voter's name appears on the precinct roster and state the reason for

his challenge as required by KRS 117.245(2).
KRS § 403.735 — KY Code / Title XXXV / Chapter 403 / Section 403.735
403.735 Hearing on petition for order of protection -- Criteria to assess appropriate relief and sanctions -- Continuance of hearing and emergency protective order
Status: in_force

403.735 Hearing on petition for order of protection -- Criteria to assess

appropriate relief and sanctions -- Continuance of hearing and emergency

protective order.

(1) Prior to or at a hearing on a petition for an order of protection:

(a) The court may obtain the respondent's Kentucky criminal and protective order

history and utilize that information to assess what relief and which sanctions

may protect against danger to the petitioner or other person for whom

protection is being sought, with the information so obtained being provided to

the parties in accordance with the Kentucky Rules of Civil Procedure; and

(b) If the petitioner or respondent is a minor, the court shall inquire whether the

parties attend school in the same school system to assist the court in imposing

conditions in the order that have the least disruption in the administration of

education to the parties while providing appropriate protection to the

petitioner.

(2) (a) If the adverse party is not present at the hearing ordered pursuant to KRS

403.730 and has not been served, a previously issued emergency protective

order shall remain in place, and the court shall direct the issuance of a new

summons for a hearing set not more than fourteen (14) days in the future. If

service has not been made on the adverse party before that hearing or a

subsequent hearing, the emergency protective order shall remain in place, and

the court shall continue the hearing and issue a new summons with a new date

and time for the hearing to occur, which shall be within fourteen (14) days of

the originally scheduled date for the continued hearing. The court shall repeat

the process of continuing the hearing and reissuing a new summons until the

adverse party is served in advance of the scheduled hearing. If service has not

been made on the respondent at least seventy-two (72) hours prior to the

scheduled hearing, the court may continue the hearing no more than fourteen

(14) days in the future. In issuing the summons, the court shall simultaneously

transmit a copy of the summons or notice of its issuance and provisions to the

petitioner. Upon the request of the petitioner, the court may excuse the

petitioner from future court appearances until the respondent has been served.

(b) The provisions of this section permitting the continuance of an emergency

protective order shall be limited to six (6) months from the issuance of the

emergency protective order. If the respondent has not been served within that

period, the order shall be rescinded without prejudice. Prior to the expiration

of the emergency protective order, the court shall provide notice to the

petitioner stating that, if the petitioner does not file a new petition, the order

shall be rescinded without prejudice.
KRS § 440.090 — KY Code / Title XL / Chapter 440 / Section 440.090
440.090 Return to this state of fugitive from justice
Status: in_force

440.090 Return to this state of fugitive from justice.

When the Governor of this state makes requisition upon the Governor of another state for

a fugitive from justice, the person named in the requisition as the agent of this state shall,

unless a different condition is contained in his commission, be allowed as compensation

from the State Treasury for his services a mileage allowance at the same rate fixed by

regulations adopted by the secretary of the Finance and Administration Cabinet pursuant

to KRS 44.060, plus an additional sum calculated at the rate of five cents ($0.05) per mile

for the distance he travels to and from the jail of the county designated in the

proclamation to the place where the fugitive is arrested, and any other necessary expenses

he pays in reclaiming and returning the fugitive. If, in attempting to reclaim the fugitive,

the agent is acting within the course and scope of his employment, the amount due shall

be paid over to the agent's employer instead of the agent. When a fugitive is to be

returned to this state from a location out of state which is in excess of five hundred (500)

miles from the jail to which he is to be returned, commercial air transportation may be

utilized in lieu of ground transportation, unless the agent undertaking the transportation

decides to utilize ground transportation. Payment for air transportation shall be in lieu of

the mileage payment for ground transportation only for that portion of the journey for

which air transportation is used. Ground transportation and other expenses shall be paid

as authorized herein. If the agent is not given possession of the fugitive for reasons

beyond the agent's control, he, or his employer, shall nevertheless be allowed the

compensation prescribed by this section. Upon the return of the fugitive to the county in

which the jail named in the proclamation is located, the person having him in charge shall

go before a judge, who shall issue a mittimus to the jailer to receive the prisoner and keep

him until he is discharged.
KRS § 218A.994 — KY Code / Title XVIII / Chapter 218A / Section 218A.994
218A.994 Applicability of penalties in KRS Chapter 506 to this chapter
Status: in_force

218A.994 Applicability of penalties in KRS Chapter 506 to this chapter.

Unless this chapter provides a specific penalty for the same act, the provisions of KRS

Chapter 506 shall apply to offenses under this chapter.
KRS § 339.990 — KY Code / Title XXVII / Chapter 339 / Section 339.990
339.990 Penalties
Status: in_force

339.990 Penalties.

Anyone who employs or permits or suffers any minor to be employed or to work in

violation of KRS 339.210 to 339.450, or of any order or ruling issued under the

provisions thereof, or obstructs the Department of Workplace Standards, its officers, or

agents, or any other person authorized to inspect places of employment under KRS

339.210 to 339.450, or anyone who, having under his or her control or custody any minor,

permits or suffers him or her to be employed or to work in violation of KRS 339.210 to

339.450, or who sells to a minor any article with the knowledge that the minor intends to

sell the article in violation of KRS 339.210 to 339.450, shall be assessed a civil penalty,

in accordance with the provisions of KRS 336.985, of not less than one hundred dollars

($100) nor more than one thousand dollars ($1,000). Every employer who continues to

employ a minor in violation of KRS 339.210 to 339.450 after he has been notified by the

Department of Workplace Standards, its officers or agents, shall be assessed a civil

penalty, in accordance with the provisions of KRS 336.985, of one hundred dollars

($100) for each day the violation continues and the employment of any minor in violation

of KRS 339.210 to 339.450 shall with respect to each minor so employed constitute a

separate and distinct offense.
KRS § 160.1597 — KY Code / Title XIII / Chapter 160 / Section 160.1597
160.1597 Term of approved charter school contract -- Contract between board of directors and authorizer's governing body -- Corporate powers -- Prohibition against tax levies and use of eminent domain -- Immunity from liability
Status: in_force

160.1597 Term of approved charter school contract -- Contract between board of

directors and authorizer's governing body -- Corporate powers -- Prohibition

against tax levies and use of eminent domain -- Immunity from liability.

(1) Upon the approval of a charter contract by a public charter school authorizer, the

applicant shall be permitted to operate a public charter school for a term of five (5)

years.

(2) The board of directors of the public charter school shall negotiate and execute a

charter contract with the governing body of the authorizer.

(3) A public charter school shall have all corporate powers necessary and desirable for

carrying out a public charter school program in accordance with this section and the

terms of the charter contract, including all of the powers of a local board of

education and of a local school district, except as otherwise provided in KRS

160.1590 to 160.1599.

(4) The powers granted to a public charter school under this section constitute the

performance of essential public purposes and governmental purposes of this state. A

public charter school shall be exempt to the same extent as other public schools

from all taxation, fees, assessments, and special ad valorem levies on its earnings

and its property. Instruments of conveyance to or from a public charter school and

any bonds or notes issued by a public charter school, together with the income

received, shall at all times be exempt from taxation.

(5) A public charter school shall not have the power to levy taxes or to acquire property

by eminent domain, but shall have police powers to the same extent and under the

same requirements as a local school district.

(6) The board of directors of the public charter school shall have final authority over

policy and operational decisions of the public charter school, although the decision-

making authority may be delegated to the administrators and staff of the school in

accordance with the provisions of the charter contract.

(7) Notwithstanding any other statute to the contrary, no civil liability shall attach to

any public charter school authorizer or to any of its members or employees,

individually or collectively, for any acts or omissions of the public charter school.

Neither the local school district nor the Commonwealth shall be liable for the debts

or financial obligations of a public charter school or any person or corporate entity

who operates a public charter school.