FrankGoortani/open-us-law huggingface dataset:
KRS § 14.318 — KY Code / Title III / Chapter 14 / Section 14.318
14.318 Administrative regulations to be promulgated by State Board of Elections and Secretary of State to implement KRS 14.300 to 14.318
Status: in_force

14.318 Administrative regulations to be promulgated by State Board of Elections

and Secretary of State to implement KRS 14.300 to 14.318.

(1) The State Board of Elections may promulgate administrative regulations to

implement KRS 14.312 and 117.085.

(2) The Secretary of State may promulgate administrative regulations to implement

KRS 14.300 to 14.310, 14.314, and 14.316.
KRS § 381.9129 — KY Code / Title XXXII / Chapter 381 / Section 381.9129
381.9129 Construction and validity of declaration and bylaws
Status: in_force

381.9129 Construction and validity of declaration and bylaws.

(1) All provisions of the declaration and bylaws are severable.

(2) The rule against perpetuities shall not be applied to defeat any provision of the

declaration, bylaws, rules, or regulations adopted pursuant to KRS 381.9167.

(3) In the event of a conflict between the provisions of the declaration and the bylaws,

the declaration prevails except to the extent the declaration is inconsistent with KRS

381.9101 to 381.9207.

(4) Title to a unit and common elements is not rendered unmarketable or otherwise

affected by reason of an insubstantial failure of the declaration to comply with KRS

381.9101 to 381.9207.
KRS § 394.310 — KY Code / Title XXXIV / Chapter 394 / Section 394.310
394.310 Original will may be withdrawn from court, when
Status: in_force

394.310 Original will may be withdrawn from court, when.

The District Court before which a will has been probated may permit any person

interested to withdraw the will temporarily upon proper terms, if it is shown that the

original will is necessary as evidence in any proceeding pending in a foreign government,

or in any state of the United States. A copy of the will shall always be retained and

entered upon the records of the court permitting the withdrawal.
KRS § 329A.040 — KY Code / Title XXVI / Chapter 329A / Section 329A.040
329A.040 Board's duties upon receipt of application -- Approval -- License and identification card -- Individual license
Status: in_force

329A.040 Board's duties upon receipt of application -- Approval -- License and

identification card -- Individual license.

(1) Upon receipt of a license application, accompanied by a nonrefundable,

nonproratable fee of not less than one hundred dollars ($100) and not more than

four hundred dollars ($400), as established by the board by promulgation of

administrative regulations, the board shall:

(a) Conduct an investigation to determine whether the statements made in the

application are true; and

(b) Submit the application, including fingerprints as appropriate, to the

Department of Kentucky State Police and the Administrative Office of the

Courts for a state criminal history background check. The Department of

Kentucky State Police may submit fingerprints of any applicant to the Federal

Bureau of Investigation for a national criminal history background check. The

board may by administrative regulation impose additional qualifications to

meet the requirements of Pub. L. No. 92-544. The applicant for licensure shall

bear the additional cost, in an amount not to exceed the actual cost, incurred

for the criminal background check.

(2) Following the investigation process, the board shall either deny or approve the

application.

(a) If the application for a license is denied, the board:

1. Shall notify the applicant in writing and set forth the grounds for denial.

If the grounds are subject to correction by the applicant, the notice of

denial shall so state and specify a reasonable period of time within

which the applicant must make the correction; and

2. Shall grant a hearing to the denied applicant in accordance with the

provisions of KRS Chapter 13B.

(b) If the application for a license is approved, the board shall issue:

1. A license to be posted conspicuously in the licensee's principal place of

business; and

2. A wallet-sized laminated identification card to each individual licensee

to be carried while engaged in private investigation. Information on the

card shall include the expiration date of the license and the licensee's:

a. Name;

b. Photograph;

c. Physical characteristics; and

d. License number.

(3) A license or identification card issued under subsection (2) of this section is not

assignable and is personal to the licensee.

(4) For purposes of this section and KRS 329A.035, any company whose workforce is

comprised of no more than one (1) private investigator shall only be required to

have an individual private investigator's license. If at any time the workforce of such

a company increases, the company shall notify the board of the workforce increase

and shall seek a company license in addition to the individual private investigator's

license.
KRS § 95.854 — KY Code / Title IX / Chapter 95 / Section 95.854
95.854 Membership
Status: in_force

95.854 Membership.

The following persons shall become members of the fund:

(1) All active full-time members of a department in service on the day prior to the date

of establishment.

(2) All persons who become full-time members on or after the date of establishment

who shall become members as a condition of employment.

(3) All members of a department who on the date of establishment are working in a

civilian or appointive capacity for the city, the State of Kentucky, or the United

States of America, while on an approved leave of absence from a department.
KRS § 96.090 — KY Code / Title IX / Chapter 96 / Section 96.090
96.090 Sale of gas company stock owned by first-class city
Status: in_force

96.090 Sale of gas company stock owned by first-class city.

(1) Any city of the first class that owns stock in a gas company carrying on business

within its boundaries may dispose of the stock upon such terms as may be

prescribed by ordinance, but the stock shall not be sold for less than par.

(2) The proceeds of the sale of the stock shall be applied solely to the construction of

public sewers, but the purchaser of the stock shall not be required to look to the

application of the purchase money.
KRS § 431.517 — KY Code / Title XL / Chapter 431 / Section 431.517
431.517 Authorization for home incarceration as a form of pretrial release -- Court ordered participation of global positioning monitoring system -- Costs
Status: in_force

431.517 Authorization for home incarceration as a form of pretrial release -- Court

ordered participation of global positioning monitoring system -- Costs.

(1) Except as provided in this section, home incarceration may be ordered as a form of

pretrial release, subject to the conditions imposed by the provisions of KRS 532.200

to 532.250.

(2) No defendant charged with an offense under KRS Chapter 507 may be released on

home incarceration unless the court makes a finding that the defendant would not

pose a threat to society.

(3) A court ordering home incarceration as a form of pretrial release pursuant to this

section may order the defendant to participate in a global positioning monitoring

system program during all or part of the time of pretrial release through the use of a

county-operated program pursuant to KRS 67.372 and 67.374 and not a program

operated by the Department of Corrections pursuant to KRS 532.210 to 532.250.

(4) A court ordering global positioning monitoring system program participation for a

defendant pursuant to this section shall:

(a) Require the defendant to pay all or the part of the monitoring costs based on

the sliding scale adopted by the Supreme Court of Kentucky as specified in

KRS 403.761 and administrative costs for participating in the system;

(b) Provide the monitoring system with a written or electronic copy of the

conditions of release; and

(c) Provide the monitoring system with a contact at the office of the circuit clerk,

Commonwealth's attorney, or county attorney, as appropriate, or pretrial

release services for reporting violations of the monitoring order.

(5) A person, county, or other organization may voluntarily agree to pay all or a portion

of a defendant's monitoring costs specified in KRS 403.761.
KRS § 119.285 — KY Code / Title X / Chapter 119 / Section 119.285
119.285 Irregularity or defect in conduct of election no defense
Status: in_force

119.285 Irregularity or defect in conduct of election no defense.

Irregularities or defects in the mode of convening or conducting an election shall

constitute no defense to a prosecution for a violation of the election laws.
KRS § 181.010 — KY Code / Title XV / Chapter 181 / Section 181.010
181.010 Definitions
Status: in_force

181.010 Definitions.

(1) As used in this chapter, unless the context otherwise requires:

(a) "Bridge" includes the bridge and the approaches thereto;

(b) "Employee" includes agents, servants and independent contractors;

(c) "Owner" means any person having any title or interest in lands, structures,

rights-of-way, franchises, easements or other interests in land; and

(d) "Streets" includes lanes and alleys.

(2) As used in KRS 181.560 to 181.840, unless the context otherwise requires:

(a) "Cost of bridge" as applied to a bridge acquired by purchase, includes the

purchase price, cost of improvements, financing charges, interest during any

period of disuse before completion of improvements and for a period of six

(6) months after purchase or completion, cost of traffic estimates and of

engineering and legal expenses, specifications and surveys, estimates of cost

and of revenues, other expenses incident to determining the feasibility or

practicability of the enterprise, and administrative and other expenses incident

to financing and acquiring the bridge and placing it in operation;

(b) "Cost of bridge" as applied to a bridge to be constructed, includes the cost of

construction, the cost of acquiring necessary land, property rights, easements

and franchises, financing charges, interest during construction and for a period

of six (6) months thereafter, cost of traffic estimates and of engineering and

legal expenses, plans, specifications, surveys, estimates of cost and of

revenues, other expenses incident to determining the practicability of the

enterprise, and expenses incident to financing the constructing of the bridge

and placing it in operation; and

(c) "Improvements" means repairs, replacements and additions to a bridge

acquired by purchase which are deemed necessary to place the bridge in a safe

and efficient condition for public use, when such improvements are ordered

prior to the sale of bonds for acquisition of the bridge.
KRS § 158.032 — KY Code / Title XIII / Chapter 158 / Section 158.032
158.032 Flagging record of missing child -- Procedure upon recovery -- Documents required upon enrollment or transfer
Status: in_force

158.032 Flagging record of missing child -- Procedure upon recovery -- Documents

required upon enrollment or transfer.

(1) Upon notification by the commissioner of education of a child's disappearance, any

school in which the child is currently or was previously enrolled shall flag the

record of the child so that when a copy of or information regarding the child's

record is requested, the school shall be alerted that the record is that of a missing

child. The school shall immediately report to local law enforcement or the

Department of Kentucky State Police any request concerning flagged records or any

knowledge as to the whereabouts of any missing child.

(2) Upon notification by the commissioner of education of any missing child who has

been recovered, the school shall remove the flag from the child's record.

(3) Upon enrollment of a student for the first time in any elementary or secondary

school, the school shall notify in writing the person enrolling the student that within

thirty (30) days the person shall provide either:

(a) A certified copy of the student's birth certificate; or

(b) Other reliable proof of the student's identity and age, and an affidavit of the

inability to produce a copy of the birth certificate.

(4) Upon the failure of a person enrolling the student to comply with this section, the

school shall notify the person in writing that unless he complies within ten (10) days

the case shall be referred to the Department of Kentucky State Police or local law

enforcement officials for investigation. If compliance is not obtained within the ten

(10) day period, the school shall so refer the case.

(5) Within fourteen (14) days after enrolling a transfer student, each elementary or

secondary school shall request directly from the student's previous school a certified

copy of the student's record. Any school receiving a request of a student's record

which has been flagged as the record of a missing child shall not forward the

student's record but shall instead notify local law enforcement or the Department of

Kentucky State Police.
KRS § 260.030 — KY Code / Title XXI / Chapter 260 / Section 260.030
260.030 Functions of Office of Agricultural Marketing
Status: in_force

260.030 Functions of Office of Agricultural Marketing.

(1) The Office of Agricultural Marketing shall:

(a) Promote and develop markets for Kentucky agricultural products, assist in

setting up farm cooperatives, and assist in coordinating feasibility studies,

loans, grants, and funding activities for producers and cooperatives;

(b) Gather and disseminate information concerning supply, demand, prevailing

prices, and commercial movement, including common and cold storage of

food products, and maintain market news service for the purpose of

disseminating this information;

(c) Foster and encourage the inspection, grading, standardizing, labeling, and

branding of farm products; provide standards of excellence and brands for the

use of producers and consumers in the marketing of Kentucky-grown

products; and promote the standardization of packages and containers for

those purposes;

(d) Promulgate administrative regulations for the grading, packing, hauling,

storing, and sale of farm products if the administrative regulations are

authorized by statutes, and enforce those administrative regulations;

(e) Act as mediator or arbitrator, when invited, in any issue that may arise

between producers and distributors of agricultural products;

(f) Encourage the establishment of public markets and direct dealing between

producer and consumer;

(g) Promote the sale of Kentucky-grown products locally, and in domestic and

international markets;

(h) Encourage the development of a market for the commercial production of

earthworms;

(i) Negotiate and enter into cooperative agreements with the United States

Department of Agriculture or any other appropriate federal agency for carrying

out the provisions of this section;

(j) Develop opportunities for the diversification of Kentucky agriculture,

including additional crops and enterprises for tobacco growers; and

(k) Establish an Organic Agricultural Product Certification Program.

(2) The functions of the office shall be supplementary to, and not in duplication of, the

educational activities of the College of Agriculture of the University of Kentucky.

(3) In accomplishing its purposes, the office shall not compete with business operated

by private capital.
KRS § 508.160 — KY Code / Title L / Chapter 508 / Section 508.160
508.160 Disarming a peace officer -- Penalty -- Applicability
Status: in_force

508.160 Disarming a peace officer -- Penalty -- Applicability.

(1) A person is guilty of disarming a peace officer when he intentionally:

(a) Removes a firearm or other deadly weapon from the person of a peace officer

when the peace officer is acting within the scope of his official duties; or

(b) Deprives a peace officer of the officer's use of a firearm or deadly weapon

when the peace officer is acting within the scope of his official duties.

(2) Disarming a peace officer is a Class D felony.

(3) The provisions of this section shall not apply when:

(a) The defendant does not know or could not reasonably have known that the

person disarmed was a peace officer; or

(b) The peace officer was, at the time of the disarming or incident thereto,

engaged in felonious conduct.
KRS § 383.200 — KY Code / Title XXXII / Chapter 383 / Section 383.200
383.200 Definitions of forcible entry and detainer
Status: in_force

383.200 Definitions of forcible entry and detainer.

(1) The words "possession," "entry," "detainer," in KRS 383.200 to 383.285, refer to

lands and tenants.

(2) A forcible entry is:

(a) An entry without the consent of the person having the actual possession;

(b) As to landlord, an entry upon the possession of his tenant at will or by

sufferance, whether with or without the tenant's consent.

(3) A forcible detainer is:

(a) The refusal of a tenant to give possession to his landlord after the expiration

of his term; or of a tenant at will or by sufferance to give possession to the

landlord after the determination of his will;

(b) The refusal of a tenant of a person who has made a forcible entry to give

possession, on demand, to the person upon whose possession the forcible

entry was made;

(c) The refusal of a person who has made a forcible entry upon the possession of

one who acquired it by a forcible entry to give possession, on demand, to him

upon whose possession the first forcible entry was made;

(d) The refusal of a person who has made a forcible entry upon the possession of

a tenant for a term to deliver possession to the landlord, upon demand, after

the term expires; and, if the term expires whilst a writ of forcible entry sued

out by the tenant is pending, the landlord may, at his cost and for his benefit,

prosecute it in the name of the tenant.
KRS § 367.946 — KY Code / Title XXIX / Chapter 367 / Section 367.946
367.946 Registration of person selling cemetery merchandise and every cemetery company -- Fee -- Annual report
Status: in_force

367.946 Registration of person selling cemetery merchandise and every cemetery

company -- Fee -- Annual report.

(1) Every person engaged in the sale of any preneed cemetery merchandise contract and

cemetery company, hereinafter referred to as registrants, shall register with the

Attorney General at least thirty (30) days prior to commencing to do business. Such

registration shall be on forms provided by the Attorney General and shall contain at

least the following information.

(a) The name and location of the cemetery;

(b) The size and type;

(c) The names, addresses, and other relative information concerning the owners,

officers, and directors;

(d) Identification, location, and total amounts deposited in the perpetual care and

merchandise trust funds;

(e) Types of services and merchandise sold and whether at need or preneed.

(2) Every registrant shall, within sixty (60) days of any material change of any item

required to be reported hereunder, notify the department of such change.

(3) Every registrant shall pay a filing fee of fifty dollars ($50) with its application.

(4) Every registrant shall file an annual report on a form provided by the Attorney

General containing information as the Attorney General may reasonably require, but

at least the following:

(a) The total amount deposited in the perpetual care and maintenance trust fund,

and a listing of the total number of grave spaces, underground crypts,

mausoleums, and niches sold within the last twelve (12) months and the gross

selling price of each;

(b) The total amount deposited in the cemetery merchandise trust fund account,

and a listing of the total number of the different cemetery merchandise sold

within the last twelve (12) months and the retail selling price of each; and

(c) The total amount deposited in the preconstruction trust fund accounts, and a

listing of the total number of mausoleum crypts, niches, and underground

crypts sold within the last twelve (12) months and the retail selling price of

each and current balance.

(5) Every such report shall be verified by the registrant and shall be attested to by any

other person preparing the same.

(6) Such reports shall not be available to the general public and shall be used only for

the lawful purpose of the Attorney General's office.

(7) A ten dollar ($10) fee shall be paid to the office of the Attorney General by each

registrant filing an annual report.
KRS § 386.510 — KY Code / Title XXXIII / Chapter 386 / Section 386.510
386.510 Definitions for KRS 386.510 to 386.590
Status: in_force

386.510 Definitions for KRS 386.510 to 386.590.

As used in KRS 386.510 to 386.590, the following terms shall be construed to have the

meaning set forth by this section, unless a contrary meaning clearly appears from the

context:

(1) The term "trust institution" means any of the following corporations having trust

powers and authorized to act in a fiduciary capacity under the laws of Kentucky:

Any state bank or trust company incorporated under the laws of Kentucky and any

national banking association incorporated under the laws of the United States and

having its principal office in Kentucky;

(2) The term "investment adviser" of a fiduciary investment company means (a) any

trust institution which, pursuant to contract with a fiduciary investment company

possessing the qualifications provided by KRS 386.510 to 386.590, regularly

furnishes advice to such investment company with respect to the desirability of

investing in, purchasing or selling securities or other property or is empowered to

determine what securities or other property shall be purchased or sold by such

investment company, and (b) any person other than a trust institution, who, pursuant

to contract with such trust institution, regularly performs substantially all of the

duties undertaken by such trust institution;

(3) The term "fiduciary investment company" means a corporation which is an

investment company as defined by the Act of Congress entitled "Investment

Company Act of 1940" approved August 22, 1940, as amended, and is incorporated

in accordance with the "Kentucky Business Corporation Act" as to constitute a

medium for the investment of funds held by trust institutions and foreign trust

institutions in a fiduciary capacity, either alone or with one (1) or more

cofiduciaries;

(4) The term "supervisory agency" means (a) the comptroller of the currency of the

United States with respect to any fiduciary investment company having a national

banking association as an investment adviser, and (b) the commissioner of financial

institutions of the Commonwealth of Kentucky with respect to any fiduciary

investment company having a state bank as an investment adviser. The term shall

mean the commissioner of financial institutions of the Commonwealth of Kentucky

with respect to any fiduciary investment company which does not have an

investment adviser; and

(5) The term "foreign trust institution" means any state bank or trust company

organized under the laws of any state other than Kentucky or any national banking

association incorporated under the laws of the United States and having its principal

office in some state other than Kentucky, which has trust powers and is authorized

to act in a fiduciary capacity under the laws under which it was incorporated.