FrankGoortani/open-us-law huggingface dataset:
KRS § 353.500 — KY Code / Title XXVIII / Chapter 353 / Section 353.500
353.500 Declaration of policy of KRS 353.500 to 353.720
Status: in_force

353.500 Declaration of policy of KRS 353.500 to 353.720.

(1) It is hereby declared to be the public policy of this Commonwealth to foster

conservation of all mineral resources, to encourage exploration for such resources,

to protect correlative rights of land and mineral owners, to prohibit waste and

unnecessary surface loss and damage and to encourage the maximum recovery of

oil and gas from all deposits thereof now known and which may hereafter be

discovered; and to promote safety in the operation thereof. To that end, KRS

353.500 to 353.720 is enacted and shall be liberally construed to give effect to such

public policy.

(2) The General Assembly finds that governmental responsibility for regulating all

aspects of oil and gas exploration, production, development, gathering, and

transmission rests with state government. The department shall promulgate

regulations relating thereto and take all actions necessary to assure efficient oil and

gas operations and to protect the property, health, and safety of the citizens of the

Commonwealth in a manner consistent with KRS Chapter 353, and to the exclusion

of all other nonstate governmental entities except as provided in KRS Chapter 100.

The department shall promulgate regulations relating to gathering lines within six

(6) months after June 24, 2003. Nothing in this section shall be construed as

limiting the rights of local governmental units to regulate the use of streets,

highways, and rights-of-way. The department shall report quarterly to the

Legislative Research Commission beginning July 1, 2003, through December 31,

2004. The report shall detail progress made in carrying out this section, and the

efficacy of the regulatory programs implemented.
KRS § 61.888 — KY Code / Title VIII / Chapter 61 / Section 61.888
61.888 Cessation of powers
Status: in_force

61.888 Cessation of powers.

When TVA or the commission no longer needs the services of a person appointed and

commissioned as a TVA or commission peace officer pursuant to this section, notice to

that effect, signed by the general manager of TVA, the chairperson of the commission, or

the person having responsibility for general supervision of the work of such officer, shall

be filed in the office of the Secretary of State. The Secretary of State shall note the fact

upon the margin of the record, and thereupon the power of the person to act as a TVA or

commission peace officer shall cease.
KRS § 158.303 — KY Code / Title XIII / Chapter 158 / Section 158.303
158.303 Educational segment on prevention of pediatric abusive head trauma encouraged
Status: in_force

158.303 Educational segment on prevention of pediatric abusive head trauma

encouraged.

Kentucky schools are encouraged to include a segment concentrating on the prevention of

pediatric abusive head trauma, as defined in KRS 620.020, during a student's final year of

study at Kentucky high schools. Important areas of concentration for this segment would

include information related to the prevention and recognition of pediatric abusive head

trauma. This segment should also suggest methods of calming crying infants, techniques

for caregivers to use to calm themselves when confronted with an infant that is crying

inconsolably, and a discussion relating to selecting responsible care providers for infant

children.
KRS § 376.020 — KY Code / Title XXXI / Chapter 376 / Section 376.020
376.020 Lien follows property if executory contract for sale is rescinded
Status: in_force

376.020 Lien follows property if executory contract for sale is rescinded.

If the owner claims by executory contract and for any cause the contract is rescinded or

set aside, the lien provided for in KRS 376.010 shall follow the property into the hands of

the person to whom the property may come or with whom it may remain by reason of the

rescissions, but only to the extent that the actual value of the property is enhanced by the

improvements so placed upon it.
KRS § 383.540 — KY Code / Title XXXII / Chapter 383 / Section 383.540
383.540 Jurisdiction -- Service of process
Status: in_force

383.540 Jurisdiction -- Service of process.

(1) The District Courts of this state may exercise jurisdiction over any landlord or

tenant with respect to any conduct in this state governed by KRS 383.505 to

383.715 or with respect to any claim arising from a transaction subject to KRS

383.505 to 383.715. In addition to any other method provided by rule or by statute,

personal jurisdiction over a landlord or tenant may be acquired in a civil action or

proceeding instituted in the court by the service of process in the manner provided

by this section.

(2) If a landlord is not a resident of this state or is a corporation not authorized to do

business in this state and engages in any conduct in this state governed by KRS

383.505 to 383.715, or engages in a transaction subject to KRS 383.505 to 383.715,

he may designate an agent upon whom service of process may be made in this state.

The agent shall be a resident of this state or a corporation authorized to do business

in this state. The designation shall be in writing and filed with the Secretary of

State. If no designation is made and filed or if process cannot be served in this state

upon the designated agent, process may be served upon the Secretary of State, but

service upon him is not effective unless the plaintiff or petitioner forthwith mails a

copy of the process and pleading by registered or certified mail to the defendant or

respondent at his last reasonably ascertainable address. An affidavit of compliance

with this section shall be filed with the clerk of the court on or before the return day

of the process, if any, or within any further time the court allows.
KRS § 362.413 — KY Code / Title XXIX / Chapter 362 / Section 362.413
362.413 Business transactions of partners with partnership
Status: in_force

362.413 Business transactions of partners with partnership.

Except as provided in the partnership agreement, a partner may lend money to, and

transact other business with, the limited partnership and, subject to other applicable law,

shall have the same rights and obligations with respect thereto as a person who is not a

partner.
KRS § 229.190 — KY Code / Title XIX / Chapter 229 / Section 229.190
229.190 Appeals -- Hearings
Status: in_force

229.190 Appeals -- Hearings.

(1) Any action of the commission, including any action of a commission employee,

taken under KRS 229.200 may be appealed, and upon appeal an

administrative hearing shall be conducted in accordance with KRS Chapter

13B. The commission may provide for hearing officers or impanel not less than

three (3) of its members to conduct hearings.

(2) Any party aggrieved by a final order of the commission may appeal to Franklin

Circuit Court in accordance with KRS Chapter 13B.
KRS § 383.245 — KY Code / Title XXXII / Chapter 383 / Section 383.245
383.245 Proceedings upon failure to file appeal -- Form and issual of warrant of restitution
Status: in_force

383.245 Proceedings upon failure to file appeal -- Form and issual of warrant of

restitution.

If the party against whom the inquisition is found fails to file an appeal of the inquisition

with the court, on or before the seventh day after the finding of the inquest, the court

shall, on request, issue execution for the costs; and, if the inquisition be in favor of the

plaintiff, it shall also issue a warrant of restitution in substance as follows: ".... County.

To the sheriff (or any constable) of .... county, Whereas, C D and E F have been found

guilty of a forcible entry in (or detainer of) one house and field, lying on the waters of ....,

in the county aforesaid (or other general description of the possessions), to the injury of A

B: You are, therefore, in the name of the Commonwealth of Kentucky, commanded that,

with the power of the county if necessary, you put the said A B in the possession of said

premises; and make return within .... days, how you have executed this warrant. Given

under my hand this .... day of ....

............................................District Judge"
KRS § 247.6025 — KY Code / Title XXI / Chapter 247 / Section 247.6025
247.6025 Deduction of assessment from producer's payment
Status: in_force

247.6025 Deduction of assessment from producer's payment.

If a majority of the eligible producers in the referendum who vote therein shall vote in

favor of the assessment, the Commissioner shall notify, by certified mail, all persons

engaged in the business of purchasing corn in this state, that on and after the date

specified in the letter, the specified assessment shall be deducted from the producer's

payment by the purchaser, or his agent or representative, from the net marketed price of

the corn. The assessment so deducted shall, on or before the fifteenth day of the month

following the end of the month in which the corn is sold to the purchaser, be remitted by

the purchaser to the duly certified association which conducted the referendum. The

books and records of all the purchasers of corn shall at all times be open for inspection by

the Commissioner of Agriculture or his duly authorized agents during regular business

hours.
KRS § 119.145 — KY Code / Title X / Chapter 119 / Section 119.145
119.145 Election officer's refusal to admit challenger
Status: in_force

119.145 Election officer's refusal to admit challenger.

Any election officer who refuses to permit any challenger of any political party having a

ticket to be voted for at an election, who has been duly appointed and presents a duly

attested certificate of appointment, to perform his duties as challenger, shall be fined not

less than fifty dollars ($50) nor more than five hundred dollars ($500).
KRS § 174.125 — KY Code / Title XV / Chapter 174 / Section 174.125
174.125 Kentucky Bicycle and Bikeway Commission -- Membership -- Duties -- Authority to adopt administrative regulations
Status: in_force

174.125 Kentucky Bicycle and Bikeway Commission -- Membership -- Duties --

Authority to adopt administrative regulations.

(1) There is hereby created a Kentucky Bicycle and Bikeway Commission within the

Transportation Cabinet. The commission shall consist of seven (7) members

appointed by the Governor. Members of the commission shall receive necessary

travel expenses. The members of the commission shall elect a chairman who shall

serve a two (2) year term. Initially, three (3) members shall be appointed for two (2)

years, and four (4) members for four (4) years. Each appointment thereafter shall be

for four (4) years. Upon the resignation of a member in midterm, the Governor shall

appoint a replacement for the remainder of the unexpired term. The Governor shall

make appointments to the commission with a view to represent each of the state's

geographical regions and to various types of bicycle users and interests.

(2) The commission shall meet in various sections of the state on a quarterly basis, and

at other times as may be necessary to fulfill its duties. A majority of the members

shall constitute a quorum for the transaction of business. The commission shall be

provided with adequate staff as determined by the secretary, and this staff shall be

responsible for maintaining the minutes of the meetings, researching bicycle and

bikeway related topics, and other activities for the commission as may be consistent

with the commission's role within the cabinet.

(3) The commission shall have the following duties:

(a) To represent the interests of bicyclists in advising the secretary on all matters

pertaining to bicycles, bikeways, and their use, extent, and location;

(b) Assist the bicycle and bikeway program in the exercise of its duties within the

cabinet;

(c) Promote the best interests of the bicycling public, within the context of the

total transportation system, to governing officials and the public at large.

(4) The secretary shall study bicycle and bikeway needs and potentials and shall report

the findings to the legislature on an annual basis.

(5) The secretary shall adopt administrative regulations to implement the purposes of

KRS 174.120 and this section.

(6) Initial appointments to the commission shall be made no later than August 1, 1994.
KRS § 217B.250 — KY Code / Title XVIII / Chapter 217B / Section 217B.250
217B.250 Cooperation with governmental agencies and educational institutions
Status: in_force

217B.250 Cooperation with governmental agencies and educational institutions.

The department may cooperate or enter into formal agreements with any other agency or

educational institution of this state or its subdivisions or with any agency of any other

state or of the federal government for the purpose of carrying out the provisions of this

chapter and of securing uniformity of regulations.
KRS § 257.430 — KY Code / Title XXI / Chapter 257 / Section 257.430
257.430 Permit year
Status: in_force

257.430 Permit year.

The permit year shall extend from July 1 of each year to June 30 of the following year.
KRS § 349.125 — KY Code / Title XXVIII / Chapter 349 / Section 349.125
349.125 Permittee to file information for transmittal to the Kentucky Geological Survey -- Samples of cuttings -- Confidentiality of information -- Exception
Status: in_force

349.125 Permittee to file information for transmittal to the Kentucky Geological

Survey -- Samples of cuttings -- Confidentiality of information -- Exception.

(1) Any person to whom a permit is issued pursuant to this chapter shall file, within

ninety (90) days after termination of operations conducted under the permit, with

the department for transmittal to the Kentucky Geological Survey on forms to be

furnished by the department the following information relating to the well:

(a) A copy of the driller's log certified to be true and accurate;

(b) The depth and thickness of all water zones encountered and logged;

(c) The depth of all showing of oil, gas, or coalbed methane;

(d) The depth and thickness of all coal seams encountered; and

(e) A true copy of all electrical surveys and similar logs and surveys taken. If the

person to whom the permit is issued obtains a copy of the electrical survey or

similar log or survey in electronic form, the operator shall submit the electrical

survey or similar log in electronic form if requested by the department.

(2) Upon request by the department, any person to whom a permit is issued shall save

for the Kentucky Geological Survey samples of all cuttings from the well drilled or

deepened pursuant to the permit for a period of ninety (90) days after completion

thereof.

(3) Upon request by any person furnishing information under this section, the

information shall be kept confidential, for a period of one (1) year after the

information is furnished by such person.

(4) This section shall not apply to wells drilled or deepened as geological or structure

test holes.
KRS § 365.603 — KY Code / Title XXIX / Chapter 365 / Section 365.603
365.603 Remedies
Status: in_force

365.603 Remedies.

(1) Any owner of a mark registered under KRS 365.561 to 365.613, or under KRS

365.560 to 365.625 prior to their repeal, may seek to enjoin the manufacture, use,

display, or sale of any counterfeits or imitations of the mark in any court of

competent jurisdiction. The court may require the defendants to pay to that owner

all profits derived from or all damages suffered by reason of the wrongful

manufacture, use, display, or sale of the mark. The court may also order that any

counterfeits or imitations in the possession or under the control of the defendant be

delivered to an officer of the court or the complainant or be destroyed. The court

may enter judgment for an amount not to exceed three (3) times the profits or

damages, and may require reasonable attorney's fees to be paid to the prevailing

party if the court finds the other party committed the wrongful acts with knowledge

or in bad faith or otherwise according to the circumstances of the case.

(2) Any right or remedy granted pursuant to KRS 365.561 to 365.613 shall not affect a

registrant's right to pursue any remedies available to him under any criminal laws of

this state.
KRS § 8.010 — KY Code / Title II / Chapter 8 / Section 8.010
8.010 Interstate Cooperation Commission consists of Legislative Research Commission -- Duties
Status: in_force

8.010 Interstate Cooperation Commission consists of Legislative Research

Commission -- Duties.

(1) The Legislative Research Commission, as the Kentucky Commission on Interstate

Cooperation under KRS 7.110, shall encourage and assist the legislative, executive,

and judicial officials and employees of the Commonwealth to develop and maintain

personal contact, with departments, agencies, officials, and employees of the other

states, of the federal government, and of local units of government.

(2) The Commission shall carry forward the participation of Kentucky as a member of

the Council of State Governments.
KRS § 23A.220 — KY Code / Title IV / Chapter 23A / Section 23A.220
23A.220 Assessment by the fiscal court of additional fees and costs
Status: in_force

23A.220 Assessment by the fiscal court of additional fees and costs.

A fiscal court, by ordinance, may assess additional fees and costs for the purpose of

paying expenses for courthouses, bonds related to them, and administration expenses of

the Circuit Court as follows:

(1) In civil cases, a fee of twenty-five dollars ($25) may be added to filing fees;

(2) In criminal cases, a cost of twenty-five dollars ($25) may be added to the court costs

that the defendant is required to pay; and

(3) In civil cases that are appealed from the Circuit Court to the Court of Appeals, a fee

of twenty-five dollars ($25) may be added to the filing fees.
KRS § 391.255 — KY Code / Title XXXIV / Chapter 391 / Section 391.255
391.255 Uniformity of application and construction
Status: in_force

391.255 Uniformity of application and construction.

KRS 391.210 to 391.260 shall be so applied and construed as to effectuate the general

purpose to make uniform the law with respect to the subject of KRS 391.210 to 391.260

among those states which enact it.
KRS § 275.225 — KY Code / Title XXIII / Chapter 275 / Section 275.225
275.225 Circumstances preventing distribution -- Determination -- Definition
Status: in_force

275.225 Circumstances preventing distribution -- Determination -- Definition.

(1) No distribution shall be made if, after giving effect to the distribution:

(a) The limited liability company would not be able to pay its debts as they

become due in the usual course of business;

(b) The limited liability company's assets would be less than the sum of its

liabilities plus, unless otherwise provided in an operating agreement, the

amount that would be needed, if the limited liability company were to be

dissolved at the time of the distribution, to satisfy the preferential rights of

other members upon dissolution which are superior to the rights of the

member receiving the distribution; or

(c) The distribution violates the operating agreement.

(2) The determination that a distribution is not prohibited under subsection (1) of this

section may be based upon:

(a) Financial statements prepared on the basis of accounting practices and

principles that are reasonable under the circumstances; or

(b) A fair valuation or other method that is reasonable under the circumstances.

(3) Except as provided in subsection (5) of this section, the effect of a distribution

under subsection (1) of this section shall be measured as of:

(a) The date the distribution is authorized if the payment occurs within one

hundred twenty (120) days after the date of authorization; or

(b) The date payment is made if it occurs more than one hundred twenty (120)

days after the date of authorization.

(4) A limited liability company's indebtedness to a member incurred by reason of a

distribution made in accordance with this section shall be at parity with the limited

liability company's indebtedness to its general unsecured creditors, except to the

extent subordinated by agreement.

(5) If terms of the indebtedness provide that payment of principal and interest is to be

made only if, and to the extent that, payment of a distribution to members could

then be made under this section, then indebtedness of a limited liability company,

including indebtedness issued as a distribution, shall not be a liability for purposes

of determinations made under subsection (1) of this section.

(6) If the indebtedness is issued as a distribution, then each payment of principal or

interest on the indebtedness shall be treated as a distribution, the effect of which

shall be measured on the date the payment is actually made.

(7) For purposes of this section, the term "distribution" shall not include amounts

constituting reasonable compensation for present or past services or reasonable

payments made in the ordinary course of business pursuant to a bona fide retirement

plan or other benefit program.
KRS § 367.890 — KY Code / Title XXIX / Chapter 367 / Section 367.890
367.890 "Gift card" defined -- Earliest permissible expiration dates -- Extra charges and fees prohibited -- Liability of violator
Status: in_force

367.890 "Gift card" defined -- Earliest permissible expiration dates -- Extra

charges and fees prohibited -- Liability of violator.

(1) "Gift card," as used in this section, means a certificate, electronic card, or other

medium issued by a merchant that evidences the giving of consideration in

exchange for the right to redeem the certificate, electronic card, or other medium for

goods, food, services, credit, or money of at least an equal value. "Gift card"

includes any electronic card issued by a merchant with a monetary value where the

issuer has received payment for the full monetary value for the future purchase or

delivery of goods or services and any certificate issued by a merchant where the

issuer has received payment for the full monetary face value of the certificate for the

future purchase or delivery of goods and services. "Gift card" does not include a

prepaid calling card used to make telephone calls, or a general-use, prepaid card or

other electronic payment device that is issued by a bank or other financial institution

that is usable at multiple, unaffiliated merchants, or at automated teller machines, or

both, or a gift card issued by a merchant for a promotional program for which no

separate monetary consideration is given.

(2) Subject to subsection (5) of this section, no person or entity shall sell a gift card

containing an expiration date that is less than one (1) year after the date the gift card

is issued.

(3) No person or entity shall charge service charges or fees relative to that gift card,

including dormancy fees, latency fees, or administrative fees, that have the effect of

reducing the total amount for which the holder of the gift card may redeem the gift

card until the expiration date on the card has expired.

(4) A gift card sold without an expiration date printed on the front or back of the card is

valid until redeemed or replaced with a new gift card.

(5) If the expiration date on the card is not less than one hundred twenty (120) days

from the date of issue, subsection (2) of this section does not apply to any of the

following gift cards:

(a) Sold below face value at a volume discount to employers or to nonprofit and

charitable organizations for fundraising purposes;

(b) Sold by a nonprofit or charitable organization for fundraising purposes; or

(c) Given by an employer to an employee, if use of the card is limited to the

employer's business establishment. As used in this paragraph, business

establishment may include a group of merchants that are affiliated with that

business establishment.

(6) Any person who violates subsection (3) of this section is liable to the holder of the

card for any amount that the redemption value of the gift card was reduced, any

court costs incurred, and reasonable attorney's fees.