FrankGoortani/open-us-law huggingface dataset:
KRS § 227.205 — KY Code / Title XIX / Chapter 227 / Section 227.205
227.205 Department of Housing, Buildings and Construction created -- Organization
Status: in_force

227.205 Department of Housing, Buildings and Construction created --

Organization.

The Department of Housing, Buildings and Construction is hereby created within the

Public Protection Cabinet. The department shall be headed by a commissioner

appointed by the Governor in accordance with KRS 12.040, and who shall report to

the secretary of the Public Protection Cabinet. The office of the commissioner shall

also include a deputy commissioner and an executive assistant to the commissioner,

who shall be the policy making assistants to the commissioner and shall be

appointed pursuant to KRS 12.050. The department shall consist of the Division of

Fire Prevention, the Division of Building Codes Enforcement, the Division of

Plumbing, the Electrical Division, and the Division of Heating, Ventilation, and Air

Conditioning (HVAC).
KRS § 506.110 — KY Code / Title L / Chapter 506 / Section 506.110
506.110 Multiple convictions
Status: in_force

506.110 Multiple convictions.

(1) A person may not be convicted on the basis of the same course of conduct of both

the actual commission of a crime and:

(a) A criminal attempt to commit that crime; or

(b) A criminal solicitation of that crime; or

(c) A criminal facilitation of that crime; or

(d) A conspiracy to commit that crime, except as provided in subsection (2) of

this section.

(2) A person may be convicted on the basis of the same course of conduct of both the

actual commission of a crime and a conspiracy to commit that crime when the

conspiracy from which the consummated crime resulted had as an objective of the

conspiratorial relationship the commission of more than one (1) crime.

(3) A person may not be convicted of more than one (1) of the offenses defined in KRS

506.010, 506.030, 506.040 and 506.080 for a single course of conduct designed to

consummate in the commission of the same crime.
KRS § 335.990 — KY Code / Title XXVI / Chapter 335 / Section 335.990
335.990 Penalties
Status: in_force

335.990 Penalties.

Any person who violates or aids in the violation of any provision of KRS 335.010 to

335.160 shall upon conviction be fined not less than fifty dollars ($50) nor more than five

hundred dollars ($500), or imprisoned for not more than six (6) months, or both.
KRS § 338.195 — KY Code / Title XXVII / Chapter 338 / Section 338.195
338.195 Rebuttable presumption in asbestos cleanup lawsuits
Status: in_force

338.195 Rebuttable presumption in asbestos cleanup lawsuits.

In any personal injury or property damage lawsuit arising from the cleanup of asbestos,

the demonstration that acts or omissions of a party to the lawsuit during the party's

involvement in cleanup of asbestos were in accordance with generally accepted practice

and state-of-the-art scientific knowledge and utilized the best technology reasonably

available to the party at the time the asbestos cleanup was performed shall create a

rebuttable legal presumption that the acts or omissions were not negligent.
KRS § 62.140 — KY Code / Title VIII / Chapter 62 / Section 62.140
62.140 Premiums on bonds paid by state, when
Status: in_force

62.140 Premiums on bonds paid by state, when.

(1) Each county clerk, jailer and sheriff whose fees are paid into the State Treasury, and

who has the bond required of him by law executed by an incorporated surety

company authorized to do a surety business in Kentucky, shall have a claim against

the state for the amount of the premium paid by him, payable as other claims are

paid, but only if the fees theretofore paid into the State Treasury by such officer are

sufficient to pay the premium in addition to his other official expenses theretofore

incurred that are entitled to be paid out of such fees. The amount of premium to be

paid by the state shall be approved by the judge or court who approved the bond.

(2) Every claim made under this section for the payment of a premium on a bond shall

be verified by affidavit of the officer executing the bond as principal.
KRS § 43.030 — KY Code / Title VI / Chapter 43 / Section 43.030
43.030 Deputy auditor -- Subordinate personnel -- Qualifications
Status: in_force

43.030 Deputy auditor -- Subordinate personnel -- Qualifications.

(1) The Auditor shall appoint for the duration of his or her own term, subject to

removal by the Auditor at any time, one (1) deputy auditor, who shall be a certified

public accountant and who has been a citizen and resident of the state for at least

two (2) years. Except for the Office of the Ombudsman as established in KRS

43.035, the deputy auditor shall have direct supervision over all technical work and

technical assistants, and shall otherwise aid the Auditor in the performance of his or

her duties, except that the deputy auditor may exercise a full or partial recusal from

this supervision requirement in regard to the consulting function authorized in KRS

43.050 if needed to comply with the professional standards of accountancy. If the

Auditor is absent or is rendered incapable of performing his or her duties, or if a

vacancy in the office occurs, the deputy auditor shall perform the duties of Auditor

until the necessity therefor ceases to exist. He or she shall take the constitutional

oath.

(2) The Auditor may employ other subordinate personnel subject to the provisions of

KRS 12.060. All employees with status as defined in KRS 18A.005 operating under

the authority of the deputy auditor who are engaged in auditing or investigations

shall possess a minimum of a four (4) year college degree. No less than ninety

percent (90%) of all employees engaged in financial auditing or financial

investigations shall have twenty (20) semester hours or thirty (30) quarter hours of

accounting, or alternately, shall be a certified public accountant. Not more than two

(2) persons charged with the conduct of audits and investigations may substitute

year-for-year responsible experience acceptable to the Personnel Cabinet for the

required college education and accounting hours.

(3) The Auditor and his or her sureties are liable on his or her official bond for the acts

of the deputy auditor and clerks.

(4) Nothing in this section shall be deemed to affect the provisions of KRS 11.090 or

other legislation authorizing audits.
KRS § 71.065 — KY Code / Title IX / Chapter 71 / Section 71.065
71.065 Appointment of jail personnel and transportation officers in county without jail
Status: in_force

71.065 Appointment of jail personnel and transportation officers in county without

jail.

(1) If in any county there is no jail and the jailer does not serve as a transportation

officer under KRS 441.510, KRS 71.060 shall not be applicable and the jailer shall

not be entitled to nor shall he appoint any jail personnel.

(2) If in any county there is no jail and the jailer serves as a transportation officer under

KRS 441.510, the county judge/executive, with the approval of the fiscal court, may

employ one (1) or more persons to act as additional transportation officers to assist

the jailer in his or her duties. These additional transportation officers shall perform

their duties under the supervision of the jailer, and the jailer shall be liable on his or

her official bond for the conduct of these officers. Persons other than the jailer

employed as transportation officers under this section or KRS 441.510 shall have all

the authority and power of peace officers only while transporting prisoners and

acting in capacities entailing the maintenance of custody of prisoners.
KRS § 227.390 — KY Code / Title XIX / Chapter 227 / Section 227.390
227.390 Officer may remedy fire hazard if owner fails to do so -- Expense
Status: in_force

227.390 Officer may remedy fire hazard if owner fails to do so -- Expense.

If any owner fails to comply with an order issued pursuant to KRS 227.380 or with an

order as modified on appeal, the officer may cause the property to be repaired, or

removed if repair is not feasible, and all fire hazard conditions remedied, at the expense

of the owner. Such expense may be enforced against any property of such owners and the

officer and those employed to do the work or who furnish materials or equipment therefor

shall have a lien for such expense on the real estate or property involved.
KRS § 149.083 — KY Code / Title XII / Chapter 149 / Section 149.083
149.083 Interference with forestry officer or employee
Status: in_force

149.083 Interference with forestry officer or employee.

No person shall resist, obstruct, interfere with or threaten, or attempt to intimidate, or in

any other manner interfere with any officer or employee of the Energy and Environment

Cabinet in the discharge of his duties under the provisions of KRS Chapter 149.
KRS § 148.730 — KY Code / Title XII / Chapter 148 / Section 148.730
148.730 Effect of statutes on lands which are a part of more than one system
Status: in_force

148.730 Effect of statutes on lands which are a part of more than one system.

Any component of the system that is a part of any state park, recreation area, or similar

area shall be subject to the provisions of KRS 148.610 to 148.780 and the acts under

which the other areas are administered, and in the case of conflict between the provisions

of these acts the more restrictive provisions shall apply.
KRS § 341.400 — KY Code / Title XXVII / Chapter 341 / Section 341.400
341.400 Notice to workers
Status: in_force

341.400 Notice to workers.

Each subject employer shall post and maintain in places readily accessible to his workers

printed statements concerning such regulations or such matters as the secretary prescribes.

Each subject employer shall make available to his workers copies of such printed

statements and such materials relating to claims for benefits as the secretary prescribes.

Such printed statements and materials shall be supplied by the cabinet without cost to the

employer or workers.
KRS § 171.190 — KY Code / Title XIV / Chapter 171 / Section 171.190
171.190 Merit system of employment to be used
Status: in_force

171.190 Merit system of employment to be used.

All appointments of personnel and the tenure thereof to the department and to such

libraries, cities, towns, counties and school districts participating in or benefiting by the

provisions of the federal grants for library service shall be based on merit without regard

to political consideration.
KRS § 454.466 — KY Code / Title XLII / Chapter 454 / Section 454.466
454.466 Stay
Status: in_force

454.466 Stay.

(1) Except as otherwise provided in subsections (4) to (7) of this section, on the filing

of a motion under KRS 454.464:

(a) All other proceedings between the moving party and responding party,

including discovery and any pending hearing or motion, shall be stayed; and

(b) On motion by the moving party, the court may stay a hearing or motion

involving another party, or discovery by another party, if the hearing or ruling

on the motion would adjudicate, or the discovery would relate to, an issue

material to the motion.

(2) A stay under subsection (1) of this section shall remain in effect until entry of an

order ruling on the motion under KRS 454.464 and expiration of the time under

KRS 454.476 for the moving party to appeal the order.

(3) Except as otherwise provided in subsections (5), (6), and (7) of this section, if a

party appeals from an order ruling on a motion under KRS 454.464, all proceedings

between all parties in the action shall be stayed. The stay shall remain in effect until

the conclusion of the appeal.

(4) During a stay under subsection (1) of this section, the court shall allow limited

discovery if a party shows that specific information is necessary to establish

whether a party has satisfied or failed to satisfy a burden under KRS 454.472(1) and

the information is not reasonably available unless discovery is allowed, including

but not limited to situations where a witness may be unavailable or records may

have been destroyed.

(5) A motion under KRS 454.478 for costs, attorney's fees, and expenses shall not be

subject to a stay under this section.

(6) A stay under this section shall not affect a party's ability to voluntarily dismiss a

cause of action or part of a cause of action or a motion to sever a cause of action.

(7) During a stay under this section, the court for good cause may hear and rule on:

(a) A motion unrelated to the motion under KRS 454.464; and

(b) A motion seeking a special or preliminary injunction to protect against an

imminent threat to public health or safety.
KRS § 367.841 — KY Code / Title XXIX / Chapter 367 / Section 367.841
367.841 Definitions
Status: in_force

367.841 Definitions.

(1) "Buyer" means any resident person who buys, contracts to buy, or leases a new

motor vehicle in the Commonwealth of Kentucky. In the case of the lease of a new

motor vehicle, "buyer" shall mean the lessor, lessee, or both.

(2) "Manufacturer" means any person or corporation, resident or nonresident, who

manufactures or assembles new motor vehicles, including new conversion van

manufacturers, which are sold in the Commonwealth of Kentucky.

(3) "Motor vehicle" means every vehicle which is self-propelled, and which is intended

primarily for use and operation on the public highways and required to be registered

or licensed in the Commonwealth prior to such use or operation; however, "motor

vehicle" shall not include:

(a) Any vehicle substantially altered after its initial sale from a dealer to an

individual;

(b) Motor homes;

(c) Motorcycles;

(d) Mopeds;

(e) Farm tractors and other machines used in the production, harvesting, and care

of farm products; or

(f) Vehicles which have more than two (2) axles.

(4) "New motor vehicle" means a motor vehicle which has been finally and completely

assembled and is in the possession of a manufacturer, factory branch, distributor,

wholesaler, or an authorized motor vehicle dealer operating under a valid sales and

service agreement, franchise, or contract for the sale of such vehicle granted by the

manufacturer, factory branch, distributor, or wholesaler which is, in fact, new and

on which the original title has never been issued.

(5) "Express warranty" or "warranty" means the written warranty, so labeled, of the

manufacturer of a new automobile, including any terms or conditions precedent to

the enforcement of obligations under the warranty.

(6) "Nonconformity" means a failure to conform with an express warranty in a manner

which substantially impairs the use, value, or safety of the motor vehicle.

(7) "Reasonable allowance for use" means the amount directly attributable to a

consumer's use of the vehicle other than those time periods when the vehicle is out

of service due to the nonconformity.
KRS § 268.515 — KY Code / Title XXII / Chapter 268 / Section 268.515
268.515 Power of condemnation
Status: in_force

268.515 Power of condemnation.

Whenever any property is going to be taken or damaged by the board pursuant to this

chapter, the board may effect an agreement with the owner for compensation therefor. If

no agreement is reached, the board may condemn the property pursuant to the Eminent

Domain Act of Kentucky.
KRS § 15.810 — KY Code / Title III / Chapter 15 / Section 15.810
15.810 Title IV-A services available to individuals not receiving public assistance benefits -- Continuation of IV-D services -- Fee for services -- Exemption -- Annual fee
Status: in_force

15.810 Title IV-A services available to individuals not receiving public assistance

benefits -- Continuation of IV-D services -- Fee for services -- Exemption --

Annual fee.

(1) All services available to individuals receiving public assistance under Title IV-A of

the Federal Social Security Act benefits shall also be available to individuals not

receiving public assistance benefits, upon application by the individual with the

cabinet.

(2) The Office of the Attorney General shall continue to provide IV-D services when a

family ceases to receive public assistance without requiring a formal application

and without payment of the application fee specified in subsection (3) of this

section. IV-D services shall be discontinued upon the request of the recipient.

(3) Except as provided in subsection (2) of this section, the office may charge an

application fee for the services based on a fee schedule, which shall take into

account the applicant's net income. No application fee shall be required from

individuals receiving public assistance.

(4) The Office of the Attorney General shall impose an annual fee of thirty-five dollars

($35) pursuant to 42 U.S.C. sec. 654, which shall be satisfied by withholding the

fee from a child support disbursement.
KRS § 100.207 — KY Code / Title IX / Chapter 100 / Section 100.207
100.207 Text and map of zoning regulations -- Notice and publication
Status: in_force

100.207 Text and map of zoning regulations -- Notice and publication.

(1) Before a city or county enacts zoning regulations, as authorized by KRS 100.201,

the planning commission shall prepare the text and map of all zoning regulations

and shall hold at least one (1) public hearing. Notice of the public hearing shall be

given in accordance with the provisions of KRS Chapter 424.

(2) Subsequent to the public hearing, the planning commission shall submit, along with

their recommendation, a copy of the approved zoning regulation text and map to the

various legislative bodies and fiscal courts for adoption. A majority of the entire

legislative body or fiscal court shall be required for passage of an ordinance

adopting these regulations. Notwithstanding publication requirements, the

ordinance by which these regulations are originally adopted may be published by

stating the title and general description of the regulations and referring to the place

within the unit where a copy of the complete ordinance may be examined without

charge.

(3) The procedure for amending the zoning regulation text and map shall be as set forth

in KRS 100.211.
KRS § 178.100 — KY Code / Title XV / Chapter 178 / Section 178.100
178.100 Action to contest decision of fiscal court
Status: in_force

178.100 Action to contest decision of fiscal court.

From a decision of the fiscal court ordering a new road to be opened, or ordering an

alteration or discontinuance of an existing road, or allowing gates to be erected across a

road or abolishing existing gates, or a decision refusing any such order, the party

aggrieved may bring an action in the Circuit Court of the county where the road is located

to contest the decision of the fiscal court.
KRS § 80.257 — KY Code / Title IX / Chapter 80 / Section 80.257
80.257 Validation of notes and bonds
Status: in_force

80.257 Validation of notes and bonds.

All proceedings, acts and things heretofore undertaken, performed or done in or for the

authorization, issuance, execution and delivery of notes and bonds by housing authorities

for the purpose of financing or aiding in the development or construction of housing and

all notes and bonds heretofore issued by housing authorities are hereby validated, ratified,

confirmed, approved and declared legal in all respects, notwithstanding any defect or

irregularity therein or any want of statutory authority.
KRS § 64.470 — KY Code / Title VIII / Chapter 64 / Section 64.470
64.470 Remedy for distress for illegal fee-bill
Status: in_force

64.470 Remedy for distress for illegal fee-bill.

(1) If distraint is made upon the property of a person for a fee-bill that has any unjust or

improper charge or item therein, or any item not made out in every respect

agreeably to the requirements of law, the person may apply to the officer making the

distraint for an exact copy of the fee-bill, and the officer shall make out and deliver

the same to such person forthwith.

(2) Upon receipt of such copy, the person on whom the distraint is made may present it

to the circuit judge of the county of his residence, and if, on inspection thereof, the

judge is of the opinion that the fee-bill contains any unjust item, or item not made

out in every respect according to the requirements of law, he shall, by written

indorsement thereon, order the officer to stay proceedings under the distraint until

the matter is determined in court.

(3) Upon the receipt of the order, the officer who made the distraint shall obey it,

restore the property distrained to the owner, and return the fee-bill and copy with

the judge's order thereon to the circuit clerk's office of his county, with the facts of

the case indorsed on the fee-bill.

(4) The officer who issued the fee-bill shall be notified as directed in subsection (5) of

KRS 64.460.

(5) The court shall quash the fee-bill, and render judgment against the officer issuing

the same for the amounts and in the manner stated in KRS 64.460, and execution

may issue therefor.
KRS § 134.190 — KY Code / Title XI / Chapter 134 / Section 134.190
134.190 Collection of tax from taxpayer about to remove or conceal property -- Payment of delinquent taxes due on property by one holding royalties or payments derived therefrom
Status: in_force

134.190 Collection of tax from taxpayer about to remove or conceal property --

Payment of delinquent taxes due on property by one holding royalties or

payments derived therefrom.

(1) A sheriff who believes, on reasonable grounds, that any person from whom a tax is

due is about to conceal or remove his property from the state, county or taxing

district shall immediately collect the taxes in the manner provided for the collection

of taxes, costs and penalties of delinquent taxpayers.

(2) Anyone holding royalties or payments derived from property shall, if requested by

the Department of Revenue, sheriff, or collector, remit payment for delinquent taxes

due on that property. However, the amount remitted shall not exceed the total

amount being held. The delinquent tax payment may be deducted from the royalties

or payments owed to the property owner. The property tax bill receipt shall be

evidence of payment and authorization for deduction.
KRS § 416.990 — KY Code / Title XXXVII / Chapter 416 / Section 416.990
416.990 Penalties
Status: in_force

416.990 Penalties.

Any person who places any obstruction, including poles, wires, signboards, fences, gas,

water, sewerage, oil or other pipelines, on any part of the right-of-way of any state

highway, or under any such highway, before obtaining the permit required by subsection

(3) of KRS 416.140, or who fails to remove any obstruction when given notice as

provided in that subsection, shall be fined not less than ten dollars ($10) nor more than

one hundred dollars ($100), and each day the obstruction is continued without a permit or

after such notice to remove shall constitute a separate offense.
KRS § 75.250 — KY Code / Title IX / Chapter 75 / Section 75.250
75.250 Board may employ counsel -- Duties -- Compensation -- Duties of county attorney
Status: in_force

75.250 Board may employ counsel -- Duties -- Compensation -- Duties of county

attorney.

(1) The board may, in its discretion, employ or retain a regularly licensed attorney to

advise them on all matters pertaining to their duties and shall have the discretion to

delegate such authority to said attorney not forbidden by law. Said attorney shall

attend all meetings of the board, except executive sessions when the board does not

desire his presence, whenever the board shall request him to attend and shall advise

the board on all legal matters on which he is requested to give advice.

(2) In addition to the attorney provided for in subsection (1) of this section, the county

attorney in the county in which the fire protection district lies shall advise and

represent the board in all matters and on the occasions chosen by the board

whenever the board so requests.

(3) The board may fix the salary or compensation of the attorney provided for in

subsection (1) of this section, in their discretion.