FrankGoortani/open-us-law huggingface dataset:
KRS § 403.7521 — KY Code / Title XXXV / Chapter 403 / Section 403.7521
403.7521 Foreign protective orders -- Rebuttable presumption of validity -- Enforcement -- Civil and criminal proceedings mutually exclusive
Status: in_force

403.7521 Foreign protective orders -- Rebuttable presumption of validity --

Enforcement -- Civil and criminal proceedings mutually exclusive.

(1) All foreign protective orders shall have the rebuttable presumption of validity. The

validity of a foreign protective order shall only be determined by a court of

competent jurisdiction. Until a foreign protective order is declared to be invalid by a

court of competent jurisdiction, it shall be given full faith and credit by all peace

officers and courts in the Commonwealth.

(2) All peace officers shall treat a foreign protective order as a legal document valid in

Kentucky, and shall make arrests for a violation thereof in the same manner as for a

violation of an order of protection issued in Kentucky.

(3) The fact that a foreign protective order has not been entered into the Law

Information Network of Kentucky shall not be grounds for a peace officer not to

enforce the provisions of the order unless it is readily apparent to the peace officer

to whom the order is presented that the order has either expired according to a date

shown on the order, or that the order's provisions clearly do not prohibit the conduct

being complained of. Officers acting in good faith shall be immune from criminal

and civil liability.

(4) If the order has expired or its provisions do not prohibit the conduct being

complained of, the officer shall not make an arrest unless the provisions of a

Kentucky statute have been violated, in which case the peace officer shall take the

action required by Kentucky law.

(5) Civil proceedings and criminal proceedings for violation of a foreign protective

order for the same violation of the protective order shall be mutually exclusive.

Once either proceeding has been initiated, the other shall not be undertaken,

regardless of the outcome of the original proceeding.
KRS § 136.656 — KY Code / Title XI / Chapter 136 / Section 136.656
136.656 Distributions -- County growth portion -- State baseline portion
Status: in_force

136.656 Distributions -- County growth portion -- State baseline portion.

All money deposited in the state baseline and local growth fund created under KRS

136.648 shall be distributed monthly, according to the same schedule for distribution

from the gross revenues and excise tax fund, as follows:

(1) The county growth portion shall be distributed in accordance with the formulas

established in KRS 136.654.

(2) After the distribution required under subsection (1) of this section, the remaining

balance shall be deposited in the general fund. This amount shall be known as the

"state baseline portion," which shall represent, if sufficient funds are available,

eighty-four and four-tenths percent (84.4%) of the total amount deposited in the

gross revenues and excise tax fund, minus the amount of distributions made under

KRS 136.652(1) and (3).
KRS § 198B.490 — KY Code / Title XVII / Chapter 198B / Section 198B.490
198B.490 Administrative regulations -- Review of standards -- Consistency with building code
Status: in_force

198B.490 Administrative regulations -- Review of standards -- Consistency

with building code.

(1) The department shall make, alter, amend, or repeal rules and administrative

regulations exclusively for the safety and inspection of passenger elevators

and fixed guideway systems. The department shall have the authority to

prescribe, by administrative regulation, a reasonable fee to be charged for

each inspection. All fees established and regulated by this section shall be paid

to the department, made payable to the Kentucky State Treasurer, except as

may be provided in a specific written agreement between the commissioner

and any agency authorized to inspect elevators or fixed guideway systems by

this chapter.

(2) The department shall consult with engineering authorities and organizations

concerned with standard safety codes, rules, and administrative regulations

governing the operation, maintenance, servicing, construction, alteration,

installation, and inspection of elevators and fixed guideway systems, and the

qualifications that are necessary for an elevator mechanic, contractor, and

inspector.

(3) The department shall promulgate administrative regulations establishing the

approved equipment regulated by KRS 198B.400 to 198B.540. These

administrative regulations shall include the following, except as modified under

subsection (4) of this section:

(a) Safety Code for Elevators and Escalators, ASME A17.1/CSA B44;

(b) Safety Code for Existing Elevators and Escalators, ASME A17.3;

(c) Performance-Based Safety Code for Elevators and Escalators, ASME

17.7/CSA B44.7;

(d) Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1;

(e) Standard for the Qualification of Elevator Inspectors, ASME OEI-1; and

(f) Automated People Mover Standards, ASCE 21.

(4) The department and the committee shall review the latest editions of any

standard listed in subsection (3) of this section within twelve (12) months of

that standard's effective date. Upon completion of reviews, the committee shall

give the department its recommendations, after which the department may

adopt or modify the standard.

(5) All administrative regulations issued by the department relating to KRS

198B.400 to 198B.540 shall be consistent with the standards of safety as

established in 815 KAR 10:060 and the Uniform State Building Code

established in KRS 198B.050.
KRS § 393.063 — KY Code / Title XXXIV / Chapter 393 / Section 393.063
393.063 Treatment of refunds of workers' compensation special fund assessments held by an insurance carrier and owed to an insured employer
Status: in_force

393.063 Treatment of refunds of workers' compensation special fund assessments

held by an insurance carrier and owed to an insured employer.

(1) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary,

refunds of workers' compensation special fund assessments levied in accordance

with KRS 342.122 shall be deemed "unclaimed refunds" if held by an insurance

carrier and owed to an insured employer.

(2) For purposes of this section, "unclaimed refunds" means all unremitted workers'

compensation special fund assessments collected by a carrier, as defined in KRS

342.0011(6), in excess of the applicable special fund assessment rate, owing and

unpaid to an insured employer after the Kentucky Workers' Compensation Funding

Commission has made a determination that the carrier has made a reasonable

attempt to return the unclaimed refunds to the insured employer.

(3) Unclaimed refunds shall be remitted by the insurance carrier to the Kentucky

Workers' Compensation Funding Commission, created under KRS 342.1223, and

shall be credited to the benefit reserve fund, created under KRS 342.1229, within

the Kentucky Workers' Compensation Funding Commission. Unclaimed refunds

remitted to the Kentucky Workers' Compensation Funding Commission and held by

that commission for more than two (2) years shall become the property of the

benefit reserve fund.

(4) The unclaimed refunds remitted as required in this section to the Kentucky Workers'

Compensation Funding Commission and held for more than two (2) years shall not

thereafter be available to any party who may have a claim to the remitted unclaimed

refunds, and any claims that arise under this section including claims for the

remitted sums shall be forever barred against the Kentucky Workers' Compensation

Funding Commission and any carrier complying with this section.

(5) The provisions of this section shall apply to any refunds or unclaimed refunds

owing and held by a carrier on or after July 15, 1998.
KRS § 438.331 — KY Code / Title XL / Chapter 438 / Section 438.331
438.331 Enforcement by certified peace officers -- Citations
Status: in_force

438.331 Enforcement by certified peace officers -- Citations.

(1) All certified peace officers with general law enforcement authority and

investigators of the department may issue a citation for a violation of KRS 438.308,

438.309, 438.310, 438.312, 438.316, or 438.343.

(2) A citation shall not be issued to a minor, and a minor shall not be arrested, in

connection with a retailer's violation of KRS 438.312 or 438.316.

(3) (a) All citations issued pursuant to KRS 438.308, 438.309, 438.310, 438.312,

438.316, or 438.343 shall be reported to and enforced by the department.

(b) Multiple violations found during one (1) visit shall be reported on a single

citation and shall be considered to be one (1) violation for purposes of the

penalties set forth in KRS 438.312 and 438.316.

(c) Each violation shall be specific to the physical location in which the violation

occurred.
KRS § 457.030 — KY Code / Title XLII / Chapter 457 / Section 457.030
457.030 Applicability
Status: in_force

457.030 Applicability.

This chapter applies to all powers of attorney except:

(1) A power to the extent it is coupled with an interest in the subject of the power,

including a power given to or for the benefit of a creditor in connection with a credit

transaction;

(2) A power to make health-care decisions including but not limited to health-care

decisions outlined in KRS 311.621 to 311.643, unless the power of attorney

otherwise provides;

(3) Proxy or other delegation to exercise voting rights or management rights with

respect to an entity, unless the power of attorney otherwise provides;

(4) A power created on a form prescribed by a government or governmental

subdivision, agency, or instrumentality for a governmental purpose, unless the

power of attorney otherwise provides;

(5) A power for reciprocal insurers as detailed in Subtitle 27 of KRS Chapter 304;

(6) A power given by a member of the United States Armed Forces, a person serving as

a merchant seaman, or a person outside the United States in connection with war

activities as detailed in KRS Chapter 384;

(7) A power for the temporary delegation of parental rights as detailed in KRS 403.352

and 403.353; and

(8) A power granted to a motor vehicle dealer licensed pursuant to KRS 190.030, or an

authorized insurer in this state, or the insurer's agent, for the purpose of facilitating

the transfer of ownership or title to a motor vehicle, regardless of whether such

power is an original, photocopy, or facsimile.
KRS § 237.025 — KY Code / Title XIX / Chapter 237 / Section 237.025
237.025 Requirements for local gun buy-back programs
Status: in_force

237.025 Requirements for local gun buy-back programs.

(1) Each law enforcement agency of state, county, urban-county, charter county, or city

government or any other law enforcement agency that participates in a "gun buy-

back program" or other program in which firearms or ammunition are purchased or

surrendered for the purpose of destruction shall assure that:

(a) The serial number of each firearm that is purchased or surrendered to the

program is checked against local, state, and federal records of stolen firearms

and, if it is found that the firearm is a stolen firearm, that the firearm is not

destroyed without the written permission of the lawful owner thereof and that

if the lawful owner of the firearm does not give written permission for the

firearm to be destroyed, that the firearm is returned to its lawful owner;

(b) If it is determined that a firearm that is purchased by, or surrendered to the

"gun buy-back program" is stolen, that the law enforcement makes an effort to

arrest the thief or any person who possessed the firearm knowing it was

stolen; and

(c) Prior to the destruction of any firearm that is purchased or surrendered, that a

written determination is made as to whether the firearm may have been used

in a crime, and that if it is determined that the firearm probably was used in a

crime, that it is retained for evidence, and if it is determined that the firearm

probably was not used in a crime, if the firearm is a rifled firearm, that a fired

bullet and fired cartridge case is retained for possible use as evidence and that

if the firearm is a smooth bore firearm, that a fired cartridge case is retained

for possible use as evidence.

(2) Prior to returning a stolen firearm to a lawful owner, the law enforcement agency

shall determine whether or not the lawful owner is eligible to possess a firearm

under federal law. If the lawful owner of the firearm is ineligible to possess a

firearm under federal law, the law enforcement agency may destroy the firearm after

compliance with subsection (1)(c) of this section.
KRS § 136.1803 — KY Code / Title XI / Chapter 136 / Section 136.1803
136.1803 Description of watercraft operated during previous calendar year to be filed with department
Status: in_force

136.1803 Description of watercraft operated during previous calendar year to be

filed with department.

On or before May 15, 2009, and each May 15 thereafter, each corporation operating

watercraft within this state during the previous calendar year shall file on forms

prescribed by the department, a detailed description of all watercraft it operated as of

January 1 of the current year.
KRS § 243.430 — KY Code / Title XX / Chapter 243 / Section 243.430
243.430 Denial of application for license -- Time frame for denial, approval, or issuance of license
Status: in_force

243.430 Denial of application for license -- Time frame for denial, approval, or

issuance of license.

(1) The state administrator may deny any application for a license if the application

is incomplete or the correct fee has not been remitted with the application.

(2) A license shall not be approved or issued until the thirty (30) day period in

which a protest is permissible has expired. Any license for which public notice

under KRS 243.360 is required may conditionally be issued in less than thirty

(30) days from the date the application is received if the premises has

previously operated under the same type of license within the last twelve (12)

months.

(3) The state administrator shall deny, approve, or issue licenses when, in the

sound discretion of the administrator, all of the information necessary has been

obtained or the applicant has refused to provide requested information.
KRS § 243.238 — KY Code / Title XX / Chapter 243 / Section 243.238
243.238 Limited nonquota package license
Status: in_force

243.238 Limited nonquota package license.

(1) A limited nonquota package license may be issued as a supplementary license to a

licensee that holds an NQ1 retail drink license, an NQ2 retail drink license, an NQ3

retail drink license, a quota retail drink license, or a limited restaurant license in a

jurisdiction that has authorized the sale of distilled spirits and wine by the package.

(2) The limited nonquota package license shall authorize the licensee to:

(a) Purchase private selection packages in the original manufacturer's unopened

containers; and

(b) Sell private selection packages at retail in the original manufacturer's

unopened containers, and only for consumption off the licensed premises.

(3) The licensee shall purchase private selection packages in accordance with KRS

243.0305(4).
KRS § 6.920 — KY Code / Title II / Chapter 6 / Section 6.920
6.920 Additional powers
Status: in_force

6.920 Additional powers.

(1) The committee, while in the discharge of its official duties, shall have the following

additional powers:

(a) To subpoena and examine witnesses; to require the appearance of any person

and the production of any paper or document; to order the appearance of any

person for the purpose of producing any paper or document; and to issue all

process necessary to compel such appearance or production. When such

process has been served, the committee may compel obedience thereto by the

attachment of the person, papers or records subpoenaed;

(b) If any person fails or refuses to testify or furnish documentary evidence

concerning any matter with respect to which the committee desires

information pertaining to the studies in which it is engaged, the Franklin

Circuit Court, on application of the committee, may compel obedience by

proceedings for contempt as in the case of disobedience of a subpoena issued

from the Circuit Court or a refusal to testify therein;

(c) To administer oaths to witnesses appearing before the committee when, by a

majority vote, the committee deems the administration of an oath necessary

and advisable as provided by law; and

(d) To determine that a witness has perjured himself by testifying falsely before

the committee, and to institute appropriate penal proceedings as provided by

law.

(2) Each witness who appears before the committee by its order, other than officer or

employee of the state, shall be entitled to the fees and mileage provided for

witnesses in civil cases in Circuit Courts, which shall be audited and paid upon the

presentation of proper vouchers sworn to by such witnesses and approved by the

chairman of the committee.
KRS § 278.270 — KY Code / Title XXIV / Chapter 278 / Section 278.270
278.270 Orders by commission as to rates
Status: in_force

278.270 Orders by commission as to rates.

Whenever the commission, upon its own motion or upon complaint as provided in KRS

278.260, and after a hearing had upon reasonable notice, finds that any rate is unjust,

unreasonable, insufficient, unjustly discriminatory or otherwise in violation of any of the

provisions of this chapter, the commission shall by order prescribe a just and reasonable

rate to be followed in the future.
KRS § 15.868 — KY Code / Title III / Chapter 15 / Section 15.868
15.868 Divulging of information by employees or agents of the Commonwealth -- Penalties for unauthorized disclosure
Status: in_force

15.868 Divulging of information by employees or agents of the Commonwealth --

Penalties for unauthorized disclosure.

No employee or agent of the Commonwealth shall divulge any information referred to in

KRS 15.800 to 15.876, except in the manner prescribed in KRS 15.800 to 15.876 to any

public or private agency or individual; provided, however, that information may be

disclosed and shared by and between any employee of the Office of the Attorney General

and any designee, local administering agency, or any local housing authority for the

purpose of verifying eligibility and detecting and preventing fraud, error, and abuse in the

programs included in the reporting system. Unauthorized disclosure of any information

shall be a violation that is punishable by a fine of one hundred dollars ($100) per offense;

except that the unauthorized release of the information about any individual shall be a

separate offense from information released about any other individual.
KRS § 411.493 — KY Code / Title XXXVI / Chapter 411 / Section 411.493
411.493 Nonliability for removal costs or damages from actions under national contingency plan for oil spills
Status: in_force

411.493 Nonliability for removal costs or damages from actions under national

contingency plan for oil spills.

(1) Notwithstanding any other provision of law, except as provided in subsection (2) of

this section, a person is not liable for removal costs or damages which result from

actions taken, or not taken, in the course of rendering care, assistance, or advice

consistent with the national contingency plan or as otherwise directed by the federal

on-scene coordinator or by the secretary of the Energy and Environment Cabinet, or

his designee.

(2) Subsection (1) of this section does not apply:

(a) To a responsible party;

(b) To any person who is grossly negligent or who engages in willful misconduct;

or

(c) With respect to personal injury or wrongful death.

(3) A responsible party is liable for any removal costs and damages that another person

is relieved of under subsection (1) of this section.

(4) Nothing in this section affects the liability of a responsible party for oil spill

response under Kentucky law.
KRS § 143A.120 — KY Code / Title XI / Chapter 143A / Section 143A.120
143A.120 Offset of overpayments against underpayments
Status: in_force

143A.120 Offset of overpayments against underpayments.

In making a determination of tax liability the department may offset overpayments for a

period or periods, together with interest on the overpayments, against underpayments for

another period or periods, against penalties, and against the interest on the

underpayments.
KRS § 45.620 — KY Code / Title VI / Chapter 45 / Section 45.620
45.620 Action against contractor -- Hiring of minority or woman contractor or subcontractor
Status: in_force

45.620 Action against contractor -- Hiring of minority or woman contractor or

subcontractor.

(1) The Finance and Administration Cabinet may investigate the employment practices

of any contractor or subcontractor to determine if any of the provisions of KRS

45.560 to 45.640 have been violated. If any contractor is found by the cabinet to

have engaged in an unlawful practice under KRS 45.560 to 45.640 during the

course of performing under a contract or subcontract covered under KRS 45.560 to

45.640, the cabinet shall so certify to the contracting agency and such certification

shall be binding upon the contracting agency unless it is reversed in the course of

judicial review.

(2) If the contractor is found to have committed an unlawful practice under KRS 45.560

to 45.640, the contracting agency may cancel or terminate the contract, conditioned

upon a program for future compliance approved by the contracting agency and the

cabinet. The contracting agency may declare such a contractor ineligible to bid on

further contracts with that agency until such time as the contractor complies in full

with the requirements of KRS 45.560 to 45.640.

(3) The equal employment provisions of KRS 45.560 to 45.640 may be met in part by a

contractor by subcontracting to a minority or woman contractor or subcontractor.

For the provisions of KRS 45.560 to 45.640, a minority or woman contractor or

subcontractor shall mean a business that is owned and controlled by one (1) or more

persons disadvantaged by racial, ethnic, or gender circumstances.
KRS § 117.0554 — KY Code / Title X / Chapter 117 / Section 117.0554
117.0554 Request for exemption -- Procedure
Status: in_force

117.0554 Request for exemption -- Procedure.

(1) When a proposed precinct establishment order has been returned to the county

board of elections under KRS 117.0553, and the county board of elections has

determined that the noncompliance described by the executive director cannot be

corrected by the establishment of a precinct that complies with the provisions of

KRS 117.055 to 117.0552, the county board of elections may request the State

Board of Elections to grant an exemption.

(2) The State Board of Elections shall conduct a hearing on the exemption request. If

the State Board of Elections determines that the noncompliance described by the

executive director cannot be corrected by the establishment of a precinct that

complies with all provisions of KRS 117.055 to 117.0552, the board shall grant the

exemption.

(3) If the State Board of Elections grants the exemption, the county board of elections

shall amend the proposed precinct establishment order to establish precinct

boundaries:

(a) In accordance with the exemption granted by the State Board of Elections;

(b) That comply with all other requirements established by KRS 117.055 to

117.0552; and

(c) That are precisely described in the order.

(4) The county board of elections shall submit the amended order to the State Board of

Elections. If the State Board of Elections finds that the proposed order, as amended,

complies with subsection (3) of this section, it shall approve the order. The order

shall become effective upon its approval by the State Board of Elections unless the

order contains a different effective date.