FrankGoortani/open-us-law huggingface dataset:
KRS § 330.040 — KY Code / Title XXVI / Chapter 330 / Section 330.040
330.040 Exceptions to KRS 330.030
Status: in_force

330.040 Exceptions to KRS 330.030.

(1) KRS 330.030 shall not apply to:

(a) An auction conducted by or under the direction of any public authority or

pursuant to any judicial order or decree, or to any sale required by law to be at

auction;

(b) An auction of any real or personal property conducted exclusively by an

individual who personally owns such real or personal property and who did

not acquire such real or personal property for resale. This paragraph is

applicable only to individuals. It does not apply to any other "person" as

defined in KRS 330.020, nor does it apply to any officer, director, or

employee thereof when engaged in any duties associated with those capacities.

(c) Any person who calls bids at the sale of livestock owned and offered at

auction by 4-H Clubs or FFA Clubs or club members, or by any university

operated by the Commonwealth of Kentucky;

(d) An auction conducted by or on behalf of any political party, church, or

charitable organization, corporation, or association if:

1. The individual conducting the sale receives no compensation and does

not, by advertising or otherwise, present himself or herself as a licensed

auctioneer;

2. All real or personal property is donated and not consigned; and

3. One hundred percent (100%) of the net proceeds of the auction are

donated to the political party, church, or charitable organization,

corporation, or association; or

(e) A student who:

1. Is calling bids for a maximum of twenty (20) items or lots of personal

property during a twenty-four (24) hour period at an auction;

2. Is under the direct supervision of a person who is both the student's

instructor from a board-approved auction education provider and a

licensed auctioneer; and

3. Receives no compensation and does not, by advertising or otherwise,

present himself or herself as being a licensed auctioneer.

The student and the supervising auctioneer instructor may both be liable for

the student's auction-related activities.

(2) Notwithstanding the provisions of this section, a licensee shall not be exempt from

any provisions of this chapter in connection with or by reason of his participation in

any sale excepted under this section.
KRS § 393.300 — KY Code / Title XXXIV / Chapter 393 / Section 393.300
393.300 Restriction on escheat of real property held by lending corporation under supervision
Status: in_force

393.300 Restriction on escheat of real property held by lending corporation under

supervision.

No person shall institute proceedings to escheat real property the title to which was

acquired by any lending corporation in satisfaction of debts previously contracted in the

course of its business, or that it purchases under a judgment for any such debt in its favor,

if such lending corporation is under the supervision of the Department of Financial

Institutions of this state, comptroller of currency of the United States or any other duly

constituted supervising banking authority, state or Federal, without first obtaining the

consent of the supervising authority having supervision over that corporation.
KRS § 96.750 — KY Code / Title IX / Chapter 96 / Section 96.750
96.750 Compensation of board members and others
Status: in_force

96.750 Compensation of board members and others.

(1) The salary of each member of a board of public utilities may be fixed by the board

at not exceeding two thousand four hundred dollars ($2,400) per annum.

(2) Such salaries, as well as the salary of the secretary-treasurer, shall constitute a cost

of operation and maintenance of the electric plant.

(3) The governing body of the municipality may, by resolution or ordinance, provide

that the municipality shall not be liable for the payment of any salary or

compensation of any of the members of said board, or for the payment of the salary

or compensation or expenses of any person employed by said board, and that such

salaries, compensation and expenses and any and all liabilities, of whatever kind or

character incurred by the board or any officer or employee thereof, shall be payable

solely and only out of revenues obtained by said board under the provisions of KRS

96.560 to 96.900, and said liabilities shall then be so limited.
KRS § 395.515 — KY Code / Title XXXIV / Chapter 395 / Section 395.515
395.515 Contents of petition, adjudication of rights of interested persons -- Realty sold, when
Status: in_force

395.515 Contents of petition, adjudication of rights of interested persons -- Realty

sold, when.

In such an action the petition must state the amount of the debts and the nature and value

of the property, real and personal, of the decedent, so far as known to the plaintiff; if it

appears that there is a genuine issue concerning the right of any creditor, beneficiary or

heir-at-law to receive payment or distribution, or if it appears that there is a genuine issue

as to what constitutes a correct and lawful settlement of the estate, or a correct and lawful

distribution of the assets, such issues may be adjudicated by the court; and, if it shall

appear that the personal estate is insufficient for the payment of all debts, the court may

order the real property descended or devised to the heirs or devisees who may be parties

to the action, or so much thereof as shall be necessary, to be sold for the payment of the

residue of such debts.
KRS § 341.825 — KY Code / Title XXVII / Chapter 341 / Section 341.825
341.825 Right to copy books and records
Status: in_force

341.825 Right to copy books and records.

(1) If a levy has been made or is about to be made on any property or right to property,

any person having custody or control of any books or records containing evidence

or statements relating to the property or right to property subject to levy shall, on

demand of the secretary or his delegate, exhibit such books or records to the

secretary or his duly authorized representative.

(2) The secretary or his delegate may make copies of such books or records at the

cabinet's expense.
KRS § 202A.0825 — KY Code / Title XVII / Chapter 202A / Section 202A.0825
202A.0825 Stay, vacation, or modification of court-ordered assisted outpatient treatment
Status: in_force

202A.0825 Stay, vacation, or modification of court-ordered assisted

outpatient treatment.

(1) At any time during the period of an order for court-ordered assisted outpatient

treatment, the person subject to the order may move the court to stay, vacate,

or modify the order.

(2) (a) As used in this subsection, "material change" means an addition or

deletion of a category of services to or from a treatment plan.

(b) If a treating qualified mental health professional proposes a material

change to the court-ordered treatment plan, he or she shall apply to the

court for approval of the proposed change. Not later than five (5) days

after receiving the application, excluding weekends and holidays, the

court shall hold a hearing. If the person under order informs the court

that he or she agrees to the proposed material change, the court may

approve such change without a hearing.

(3) Within thirty (30) days of the expiration of an order for assisted outpatient

treatment, the original petitioner may petition the court for an additional period

of court-ordered assisted outpatient treatment. The procedures for the

consideration of the petition shall be identical to the procedures provided in

KRS 202A.0811 to 202A.0831, except that the parties may mutually agree to

waive the requirement of a new hearing. The person under order shall be

represented by an attorney in responding to the petition for an additional period

of court-ordered assisted outpatient treatment.
KRS § 15.808 — KY Code / Title III / Chapter 15 / Section 15.808
15.808 Assignment -- Subrogation -- Distribution of child support payments -- Effect of termination of Title IV-D services
Status: in_force

15.808 Assignment -- Subrogation -- Distribution of child support payments --

Effect of termination of Title IV-D services.

(1) By applying for Title IV-D services or accepting public assistance for or on behalf

of a needy dependent child, the recipient shall be deemed to have made an

assignment to the office of the right to any child support or maintenance owed up to

the amount of public assistance paid by the Office of the Attorney General to the

recipient. The office shall be subrogated to the right of the child or the person

having custody to collect and receive all child support payments and to initiate any

support action existing under the laws of this state.

(2) The Office of the Attorney General shall distribute all child support payments and

assigned arrearages as required by 42 U.S.C. sec. 651 et seq.

(3) When Title IV-D services on behalf of a dependent child are terminated, current

and past due court-ordered or administratively determined child support owed the

child shall be payable to the physical custodian of the dependent child for the period

of time the dependent child was in the physical custody of that custodian.
KRS § 56.865 — KY Code / Title VII / Chapter 56 / Section 56.865
56.865 Designation of alternates by commission members -- Scope of authority -- Joint certificate concerning designation
Status: in_force

56.865 Designation of alternates by commission members -- Scope of authority --

Joint certificate concerning designation.

(1) Each member of the commission may designate, by an instrument in writing over

the member's signature and filed with the commission as a public record, an

alternate with full authority to:

(a) Attend, in the absence of the appointing member for any reason, any properly-

convened meeting of the commission; and

(b) Participate in the consideration of, and voting upon, business and transactions

of the commission.

(2) Any designation of an alternate may, at the appointing member's direction:

(a) Be limited upon the face of the appointing instrument to be effective only for

a designated meeting or only for specified business;

(b) Be shown on the face of the appointing instrument to be on a continuing basis,

but in no case for a period of more than four (4) years, whenever the

appointing member is unable to attend;

(c) Be revoked by the appointing member in an instrument of like formality,

similarly filed with the secretary as a public record of the commission.

(3) Any party transacting business with the commission or materially affected by the

commission shall be entitled to accept and rely upon a joint certificate of the

secretary of the commission and any member of the commission concerning the

designation of any alternate, the time and scope of designation, and if of a

continuing nature, whether the designation has been revoked, and when. The joint

certificate shall be made and delivered to the party within a reasonable time after

written request is made with acceptable identification of the business or transaction

referred and of the requesting party's interest.

(4) Each alternate shall be a person on the staff of the appointing member or shall be in

the employ of the appointing member's agency or department of the government of

the Commonwealth.
KRS § 15.325 — KY Code / Title III / Chapter 15 / Section 15.325
15.325 Members to be reimbursed for expenses
Status: in_force

15.325 Members to be reimbursed for expenses.

The members of the council shall receive no salary but shall be reimbursed for their

reasonable and necessary expenses actually incurred in the performance of their

functions.
KRS § 309.350 — KY Code / Title XXVI / Chapter 309 / Section 309.350
309.350 Definitions for KRS 309.350 to 309.364
Status: in_force

309.350 Definitions for KRS 309.350 to 309.364.

As used in KRS 309.350 to 309.364 unless the context otherwise requires:

(1) "Board" means the Kentucky Board of Licensure for Massage Therapy;

(2) "Board-approved massage program" means one which meets minimum standards

for training and curriculum as determined by the board;

(3) "Compensation" means the direct or indirect payment, loan, advance, donation,

contribution, deposit, barter, gratuity, or gift of money or anything of value;

(4) "Feldenkrais Method" means a system of somatic education in which touch and

words are used to eliminate faulty habits, learn new patterns of self-organization

and action, and improve a person's own functional movement patterns. The method

is based on principles of physics, biomechanics and an understanding of, or learning

about, human development. The practice is federally trademarked and requires

permission from the Feldenkrais Guild to use the term and methodology;

(5) "Massage therapist" means a person who is licensed by the board to administer

massage or massage therapy to the public for compensation;

(6) "Polarity therapy" means diverse applications affecting the human energy system.

These applications include energetic approaches to somatic contact, verbal

facilitation, nutrition, exercise, and health education. Polarity therapy does not make

medical claims, diagnose physical ailments, or allow prescription of medications.

Standards for schools, education, and practice, the administration of a code of

ethics, and a registration process are provided by the American Polarity Therapy

Association. The practice of polarity therapy is federally trademarked;

(7) "Practice of massage therapy" means the application, by a massage therapist

licensed by the board, of a system of structured touch, pressure, movement, and

holding to the soft tissues of the human body with the intent to enhance or restore

the health and well-being of the client. The practice includes the external

application of water, heat, cold, lubricants, salt scrubs, or other topical preparations;

use of electromechanical devices that mimic or enhance the actions of the hands;

and determination of whether massage therapy is appropriate or contraindicated, or

whether referral to another health care practitioner is appropriate; and

(8) "Trager Approach" means a form of movement education that uses subtle directed

movements and the skilled touch of a practitioner. The Trager Approach combines

physical movement with sensory awareness and internal imagery designed to

increase the client's self-awareness and generate physiological changes in the body

tissues so as to allow the client to experience a new way of moving his or her body.

The practice is federally trademarked.
KRS § 120.015 — KY Code / Title X / Chapter 120 / Section 120.015
120.015 Corrupt practices as grounds for contest -- Effect if successful candidate found guilty
Status: in_force

120.015 Corrupt practices as grounds for contest -- Effect if successful candidate

found guilty.

In any contest over the nomination or election of any state, county, city or district officer,

it may be alleged in the pleadings of the contestant that the provisions of KRS 121.025,

121.045, 121.055 or 121.310, have been violated by the contestee or by others in his

behalf with his knowledge, and it may likewise be alleged in the pleadings of the

contestee that such provisions have been violated by the contestant or by others in his

behalf with his knowledge. If it appears upon the trial of the contest that such provisions

have been violated by the contestant or by others in his behalf with his knowledge, the

contest action shall be dismissed and the contestant shall have no further right to maintain

the same. If no such violation by the contestant, or by others in his behalf with his

knowledge, appears, and it appears that such provisions have been violated by the

contestee or by others in his behalf with his knowledge, the nomination or election of the

contestee shall be declared void. In the case of primary elections, if any candidate who is

a party to the contest proceedings has not violated the provisions of KRS 121.025,

121.045, 121.055 or 121.310, and all candidates who received more votes than he did are

also parties and are found to have violated those provisions, such candidate shall be

declared nominated.
KRS § 416.540 — KY Code / Title XXXVII / Chapter 416 / Section 416.540
416.540 Definitions for KRS 416.540 to 416.670
Status: in_force

416.540 Definitions for KRS 416.540 to 416.670.

As used in KRS 416.540 to 416.670:

(1) "Condemn" means to take private property for a public use under the right of

eminent domain;

(2) "Condemnor" shall mean and include any person, corporation or entity, including

the Commonwealth of Kentucky, its agencies and departments, county, municipality

and taxing district authorized and empowered by law to exercise the right of

eminent domain;

(3) "Condemnee" means the owner of the property interest being taken;

(4) "Court" means the Circuit Court;

(5) "Eminent domain" means the right of the Commonwealth to take for public use and

shall include the right of private persons, corporations, or business entities to do so

under authority of law;

(6) "Government lien" means any lien established by or in favor of the Commonwealth

or a local government under KRS Chapter 65, 82, 91, 91A, or 134;

(7) "Local government" means any city, county, urban-county government,

consolidated local government, unified local government, or charter county; and

(8) "Property" means real or personal property, or both, of any nature or kind that is

subject to condemnation.
KRS § 350.097 — KY Code / Title XXVIII / Chapter 350 / Section 350.097
350.097 Protection and location of pollinator habitats on coal mine reclamation sites
Status: in_force

350.097 Protection and location of pollinator habitats on coal mine reclamation

sites.

The General Assembly finds that the reclamation of coal mine sites can benefit from

pollinator habitat sites. These sites are an important conservation resource which will

encourage and protect the habitat for pollinators like honeybees, bumble bees, and other

bee species. The protection and location of pollinator sites situated on mine sites can

increase the revegetation rates during the reclamation period which supports soil and

hydrologic stability. Therefore, the General Assembly hereby directs the cabinet to

develop a plan in conjunction with the Division of Conservation to encourage coal

licensees to locate and protect pollinator sites on reclamation sites and to use high-value

trees and shrubs to aid in pollen transfer.
KRS § 403.230 — KY Code / Title XXXV / Chapter 403 / Section 403.230
403.230 Legal separation -- Court may convert, to a decree of dissolution -- Restoration of former name
Status: in_force

403.230 Legal separation -- Court may convert, to a decree of dissolution --

Restoration of former name.

(1) No earlier than one year after entry of a decree of legal separation, the court on

motion of either party shall convert the decree to a decree of dissolution of

marriage.

(2) Upon request by a wife whose marriage is dissolved or declared invalid, the court

may, and if there are no children of the parties shall, order her maiden name or a

former name restored.
KRS § 161.159 — KY Code / Title XIII / Chapter 161 / Section 161.159
161.159 Adoption of rules and regulations to implement life insurance program
Status: in_force

161.159 Adoption of rules and regulations to implement life insurance program.

The Kentucky Board of Education, upon the recommendation of the chief state school

officer, shall adopt rules and regulations to implement the state life insurance program

provided for employees of the common schools subject to the following standards:

(1) The life insurance program shall cover both certified and noncertified common

school personnel.

(2) The life insurance program shall be made available to all regular full-time personnel

as defined by the Kentucky Board of Education regulations.
KRS § 140.020 — KY Code / Title XI / Chapter 140 / Section 140.020
140.020 Taxation of transfers made in contemplation of death -- Revocable trusts -- Presumption of contemplation -- When presumption does not apply
Status: in_force

140.020 Taxation of transfers made in contemplation of death -- Revocable trusts --

Presumption of contemplation -- When presumption does not apply.

(1) The terms of this chapter shall apply to any property or interest therein, of which the

decedent has made a transfer by trust or otherwise, in contemplation of or intended

to take effect in possession or enjoyment at or after death, including a transfer under

which the transferor has retained for his life or any period not ending before his

death (a) the possession or enjoyment of, or the income from the property; or (b) the

actual or contingent power to designate the persons who shall possess the property

or the income therefrom, except in the case of a bona fide sale for an adequate and

full consideration in money or money's worth. It shall further apply to any property

conveyed in trust over which the settlor has a power of revocation exercisable by

will.

(2) Every transfer made within three (3) years prior to the death of the grantor, vendor

or donor of a material part of his estate, or in the nature of a final disposition or

distribution thereof, and without an adequate valuable consideration, shall be

construed prima facie to have been made in contemplation of death within the

meaning of this chapter. If a transfer was made more than three (3) years prior to the

death of the decedent it shall be a question of fact, to be determined by the proper

tribunal, whether the transfer was made in contemplation of death.

(3) There shall be no presumption of contemplation of death as to certificates of deposit

jointly owned and all such certificates of deposit shall be taxed pursuant to KRS

140.050.
KRS § 95.951 — KY Code / Title IX / Chapter 95 / Section 95.951
95.951 Qualifications for police or auxiliary police officer
Status: in_force

95.951 Qualifications for police or auxiliary police officer.

As of July 14, 1992, no person shall be originally appointed or employed as a police

officer or an auxiliary police officer by a city, urban-county, or charter county

government in the Commonwealth unless he:

(1) Is at least twenty-one (21) years of age; and

(2) (a) Is a high school graduate, regardless of whether the school is accredited

or certified by a governing body, provided that the education received met

the attendance and curriculum standards of Kentucky law at the time of

graduation, as determined by the Kentucky Department of Education; or

(b) Has received a High School Equivalency Diploma.
KRS § 372.080 — KY Code / Title XXX / Chapter 372 / Section 372.080
372.080 Contract to recover land in adverse possession is void -- Right of action to vest in state
Status: in_force

372.080 Contract to recover land in adverse possession is void -- Right of action to

vest in state.

Any contract to prosecute an action for the recovery of any land in the adverse possession

of another, for the whole or part of the land thus possessed, or for the whole or any part of

the profits thereof, is void. The parties to the contract shall forfeit all right in and claim to

the land, and all such rights and claims, and the right to maintain an action at law or in

equity thereon, shall vest in the state, and inure to the benefit of the person in possession.
KRS § 244.270 — KY Code / Title XX / Chapter 244 / Section 244.270
244.270 Wholesaler to have name and license number on window or building
Status: in_force

244.270 Wholesaler to have name and license number on window or building.

Each wholesaler shall have painted on the front window of the licensed premises, or, if

there is no window, on a sign affixed to the front of the building containing the licensed

premises, the name of the licensee together with the inscription: "Kentucky Wholesaler's

Liquor License No. ...." in uniform letters not less than three (3) inches in height.