FrankGoortani/open-us-law huggingface dataset:
KRS § 248.752 — KY Code / Title XXI / Chapter 248 / Section 248.752
248.752 Prohibited acts relating to cigarettes and cigarette packaging
Status: in_force

248.752 Prohibited acts relating to cigarettes and cigarette packaging.

No person shall:

(1) Sell or distribute, in this Commonwealth; acquire, hold, own, possess, or transport

in this Commonwealth; for sale or distribution in this Commonwealth; or import or

cause to be imported into this Commonwealth for sale or distribution in this

Commonwealth:

(a) Any cigarettes the package of which:

1. Bears any statement, label, stamp, sticker, or notice indicating that the

manufacturer did not intend the cigarettes to be sold, distributed, or used

in the United States including, but not limited to, a label stating "For

Export Only," "U.S. Tax Exempt," "For Use Outside U.S.," or similar

wording; or

2. Does not comply with:

a. All requirements imposed by or in accordance with federal law

regarding warnings, and other information on packages of

cigarettes manufactured, packaged, or imported for sale,

distribution, or use in the United States including, but not limited

to, the precise warning label specified in the Federal Cigarette

Labeling and Advertising Act, 15 U.S.C. sec. 1333; and

b. All federal trademark and copyright laws;

(b) Any cigarettes in violation of federal law or federal regulations, including, but

not limited to, cigarettes imported into the United States in violation of 26

U.S.C. sec. 5754, 26 U.S.C. sec. 5704, 19 U.S.C. secs. 1681-1681b, U.S.

Customs Law including Chapter 4, Subtitle IV of the Federal Tariff Act of

1930, 19 U.S.C. secs. 1671-1677n, or Pub. L. No. 106-476, the Federal

Imported Cigarette Compliance Act of 2000; or

(c) Any cigarettes for which there has not been submitted to the Secretary of the

United States Department of Health and Human Services the list or lists of the

ingredients added to tobacco in the manufacture of the cigarettes required by

the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. sec. 1335a;

(2) Alter the package of any cigarettes, prior to the sale or distribution to the ultimate

consumer, so as to remove, conceal, or obscure:

(a) Any statement, label, stamp, sticker, or notice described in subsection

(1)(a)2.a. of this section; or

(b) Any health warning that is not specified in or does not conform with the

requirements of the Federal Cigarette Labeling and Advertising Act, 15

U.S.C. sec. 1333; or

(3) Affix any stamp required by KRS 138.146 or make other evidence of tax payment

as provided in KRS 138.155 to the package of any cigarettes described in

subsection (1) of this section or altered in violation of subsection (2) of this section.
KRS § 351.1291 — KY Code / Title XXVIII / Chapter 351 / Section 351.1291
351.1291 Course of instruction for surface coal miners
Status: in_force

351.1291 Course of instruction for surface coal miners.

(1) All inexperienced surface coal miners shall complete a twenty-four (24) hour course

of instruction composed of sixteen (16) hours of classroom training and eight (8)

hours of mine specifics that is devised or approved by the department in subjects

including but not limited to: accident prevention, cutting and welding, equipment

operation, fire protection, first-aid methods, ground control and transportation,

handling and use of explosives, mine communications, mine electrical safety

standards, mining law, including the statutory rights of miners, safety around bins

and hoppers, alcohol and substance abuse education and training, and any other

subjects deemed appropriate by the department. For purposes of this section,

"inexperienced coal miners" means all persons who have not previously worked at

least forty-five (45) days at a surface coal mine in this Commonwealth.

(2) All surface coal miners shall complete an eight (8) hour course of annual retraining

devised or approved by the department in the subjects identified in subsection (1) of

this section, thirty (30) minutes of which shall be dedicated to alcohol and substance

abuse education.

(3) One (1) hour of initial substance abuse training and education shall be provided as

part of the certified miner's first annual retraining conducted in a classroom that

occurs after August 1, 2006. This requirement does not apply to a certified person

who received the one (1) hour initial substance abuse training and education as part

of his or her forty (40) hour or twenty-four (24) hour new miner training.

(4) In addition to the thirty (30) minutes of annual alcohol and substance abuse

education required for certified miners, supervisory personnel shall be required to

undergo an additional thirty (30) minutes of alcohol and substance abuse awareness

training annually.

(5) Each applicant for a certified surface miner, in addition to meeting the educational

requirements of this chapter, shall pass a drug and alcohol test in accordance with

KRS 351.182 and 351.183.

(6) The commissioner shall certify all surface coal miners who complete the courses of

instruction and show proof of drug- and alcohol-free condition of certification

required in this section.
KRS § 441.685 — KY Code / Title XL / Chapter 441 / Section 441.685
441.685 Local Correctional Facilities Construction Authority fund -- Use of funds -- Investments
Status: in_force

441.685 Local Correctional Facilities Construction Authority fund -- Use of funds -

- Investments.

(1) There is created and established a Kentucky Local Correctional Facilities

Construction Authority fund which shall consist of the following:

(a) Rentals received under leases made by the authority pursuant to KRS 441.625

to 441.695;

(b) Appropriations by the General Assembly;

(c) Contributions, grants, and gifts from any source, both public and private,

which may be used by the authority for any project or projects;

(d) Disbursements provided under KRS 42.320(2)(b); and

(e) All interest earned on investments made by the state from moneys deposited

in this fund.

(2) Moneys accruing to this fund shall be deposited by the State Treasurer in the fund's

trust and agency account, and shall be invested by the state for the benefit and use

of the authority, pending their application to the expenses of the authority and to

payments of interest and principal of bonds, notes, and other obligations of the

authority. Notwithstanding the provisions of the foregoing sentence, at such time or

times as the moneys contained in the fund are sufficient to pay the principal on all

bonds, notes, and obligations of the authority that would become due in the next

ensuing twelve (12) month period, the authority may use moneys in the fund in

excess thereof for such purposes as provided for in KRS 441.625 to 441.695.
KRS § 65.7634 — KY Code / Title IX / Chapter 65 / Section 65.7634
65.7634 CMRS prepaid service charge
Status: in_force

65.7634 CMRS prepaid service charge.

(1) Beginning January 1, 2017, a CMRS prepaid service charge shall be imposed at a

flat rate of ninety-three cents ($0.93) on each retail transaction involving the

purchase or sale of:

(a) Cellular phones preloaded with a set dollar amount for minutes or units of air

time, or sold with rebates for air time;

(b) Calling cards for cellular phones preloaded with a set dollar amount for

minutes of units or air time;

(c) The recharging of a reusable cellular phone calling card;

(d) The recharging of a cellular phone itself with additional minutes or units of air

time; and

(e) Any prepaid wireless telecommunications service.

(2) The CMRS prepaid service charge imposed by subsection (1) of this section shall be

collected by the retailer from the purchaser at the time of purchase for each

purchase sourced to this state as provided in KRS 139.105. The amount of the

CMRS prepaid service charge shall be either separately stated on an invoice,

receipt, or other similar document that is provided to the purchaser by the retailer,

or otherwise disclosed to the purchaser.

(3) The CMRS prepaid service charge shall be paid by the purchaser, and shall not

constitute a liability of the retailer or of any prepaid wireless telecommunications

service provider.

(4) All amounts collected by the retailer shall be deemed to be held in trust by the

retailer for and on account of the Commonwealth, shall constitute a debt of the

retailer to the Commonwealth, and shall be remitted to the Department of Revenue

as provided in KRS 142.100 to 142.135.

(5) The CMRS prepaid service charge amount collected by a retailer from a purchaser

shall not be included in the base for measuring any tax, fee, surcharge, or other

charge that is imposed by the state, any political subdivision of the state, or any

intergovernmental agency if the amount is separately stated on an invoice, receipt,

or a similar document provided to the consumer by the retailer.
KRS § 515.040 — KY Code / Title L / Chapter 515 / Section 515.040
515.040 Carjacking
Status: in_force

515.040 Carjacking.

(1) A person is guilty of carjacking when he or she takes a motor vehicle in the

possession of another without lawful authority or ownership, from the possessor's

person or immediate presence, or from the person or immediate presence of a

passenger of the motor vehicle, against the possessor's or passenger's will and with

the intent to either permanently or temporarily deprive the possessor of the motor

vehicle of his or her possession, accomplished by means of force or intimidation.

(2) Carjacking is a Class B felony.

(3) A person shall not be convicted of a violation of this section and a violation of KRS

515.020 or KRS Chapter 514 arising from the same act.
KRS § 155.050 — KY Code / Title XII / Chapter 155 / Section 155.050
155.050 Approval of Governor -- Effective date of incorporation
Status: in_force

155.050 Approval of Governor -- Effective date of incorporation.

Before the said articles of incorporation shall become effective, they must be approved by

the Governor, and from the date the said articles of incorporation are filed in the office of

the Secretary of State, with such approval, the stock subscribers, their successors and

assigns, shall become a body corporate, by the name specified in the articles, subject to

amendment and dissolution as provided in this chapter.
KRS § 259.130 — KY Code / Title XXI / Chapter 259 / Section 259.130
259.130 Property vests in taker-up after fifteen days following posting
Status: in_force

259.130 Property vests in taker-up after fifteen days following posting.

The absolute ownership of a stray equine shall vest in the taker-up at the expiration of

fifteen (15) days after the county judge/executive has received the evidence of the

required documentation, administered the oath to the taker-up, and the county

judge/executive and taker-up have filed and posted the required documentation pursuant

to KRS 259.120. The absolute ownership of stray cattle shall vest in the taker-up after the

expiration of twelve (12) months from the day on which the cattle have been posted.
KRS § 405.027 — KY Code / Title XXXV / Chapter 405 / Section 405.027
405.027 Court may require parent or guardian of minor defendant to pay attorney's fees and costs
Status: in_force

405.027 Court may require parent or guardian of minor defendant to pay

attorney's fees and costs.

In any proceeding within this Commonwealth wherein a minor child is a party defendant,

it shall be within the sound discretion of the court to direct that the parents or guardian of

such minor child pay all attorney's fees and costs, including but not limited to amounts

repayable under KRS 31.120, of said action as may be reasonable. This section shall not

be construed as repealing any of the laws of the Commonwealth relating to parents'

liability for the acts of their minor children, but shall be held and construed as ancillary

and supplemental thereto.
KRS § 365.390 — KY Code / Title XXIX / Chapter 365 / Section 365.390
365.390 Payment of enforcement and administration fee by cigarette wholesaler -- Special account -- Fee deemed an additional cost
Status: in_force

365.390 Payment of enforcement and administration fee by cigarette wholesaler --

Special account -- Fee deemed an additional cost.

(1) To provide for the enforcement of KRS 138.146 and KRS 365.260 to 365.380,

every cigarette wholesaler licensed under KRS 138.195 shall pay an enforcement

and administration fee to the Department of Revenue on a monthly basis for each

package of twenty (20) cigarettes to which evidence of Kentucky cigarette tax was

affixed during the month as required by KRS 138.146. The enforcement and

administration fee to recover applicable costs shall be calculated annually by the

commissioner of revenue who shall give notice thereof to licensed wholesalers who

shall be liable for its payment. Payments to the Department of Revenue shall be

made according to provisions of KRS 138.195 and shall be subject to the same

penalties and interest as levied on Kentucky cigarette tax not paid on or before the

due date.

(2) There is hereby created within the Department of Revenue a cigarette enforcement

and administration account, which will be subject to the provisions of the restricted

fund group, as provided in KRS 45.305, and all funds collected under subsection (1)

of this section shall be credited thereto with only the expenses of the Department of

Revenue related to the administration and enforcement of KRS 138.146 and KRS

365.260 to 365.380 to be paid therefrom.

(3) The enforcement and administration fee levied in subsection (1) of this section shall

be deemed to be an additional cost to be included in the basic cost of cigarettes as

defined in KRS 365.270.
KRS § 118.225 — KY Code / Title X / Chapter 118 / Section 118.225
118.225 Determination of order of names on ballot
Status: in_force

118.225 Determination of order of names on ballot.

(1) The order of the names of candidates or slates of candidates to be voted for by the

electors of the entire state shall be determined by lot and certified and printed on the

ballots with the designation of the respective offices. The Secretary of State shall

prepare lists of the counties of each congressional district of the state and, for each

congressional district, the Secretary of State shall draw from the names of all

candidates or slates of candidates for each office to determine the order in which

they shall appear on the ballot. The order of names of the candidates or slates of

candidates for each congressional district shall be certified to the county clerks of

all the counties that comprise the district.

(2) For all other offices for which nomination papers and petitions are filed with the

Secretary of State, the order of names of candidates for each office shall be

determined by lot at a public drawing to be held in the office of the Secretary of

State at 2 p.m., standard time, on the Thursday following the filing deadline for the

primary as established in KRS 83A.045, 118.165, and 118A.060 or the Thursday

following the first Tuesday after the first Monday in June preceding the regular

election.

(3) For all offices for which nomination papers and petitions are filed in the office of

the county clerk, the order in which the names of candidates for each office are to

be printed on the ballot shall be determined by lot at a public drawing in the office

of the county clerk at 2 p.m., standard time, on the Thursday following the filing

deadline for the primary as established in KRS 83A.045, 118.165, and 118A.060 or

the Thursday following the first Tuesday after the first Monday in June preceding

the regular election.

(4) For all offices for which the deadline for filing nomination papers and petitions is

governed by KRS 83A.165(4)(c) or 118.375(2), the order in which the names of

candidates for each office are to be printed shall be determined by lot at a public

drawing in the office at the place of filing at 2 p.m., standard time, on the Thursday

following the second Tuesday in August preceding the regular election.

(5) If the number of certified candidates or slates of candidates cannot be placed on a

ballot which can be accommodated on voting equipment currently in use in the

county, the county clerk shall notify the State Board of Elections, as provided in

KRS 118.215.
KRS § 199.680 — KY Code / Title XVII / Chapter 199 / Section 199.680
199.680 Nonreimbursement of out-of-state providers of residential care for children -- Exception -- Administrative regulations
Status: in_force

199.680 Nonreimbursement of out-of-state providers of residential care for

children -- Exception -- Administrative regulations.

(1) The Department for Community Based Services and the Department for Medicaid

Services shall not reimburse an out-of-state provider of residential care for children

whose care is paid by state general funds or state administered federal funds unless

the Department for Medicaid Services or the Department for Community Based

Services or a designated agent thereof has determined that there is no provider

within the Commonwealth that is capable and willing to provide comparable

services at a comparable cost per child to those that would be delivered by the out-

of-state provider. An exception may be made if:

(a) The identified in-state resource is farther away from the child's parent or

guardian than a similar out-of-state resource; or

(b) The services offered by the out-of-state resource is deemed by either

department or a designated agent thereof to be more appropriate for the

individual child than the services offered by the in-state provider.

(2) Prior to promulgating administrative regulations governing the determination of the

availability of providers of residential care within the Commonwealth, the

Department for Medicaid Services and the Department for Community Based

Services shall establish uniform conditions, requirements, and exceptions for the

determination of the availability of providers of residential care within the

Commonwealth.

(3) Each department shall promulgate an administrative regulation in accordance with

KRS Chapter 13A that contains the uniform conditions, requirements, and

exceptions for the determination of the availability of providers of residential care

within the Commonwealth established under subsection (2) of this section.
KRS § 411.062 — KY Code / Title XXXVI / Chapter 411 / Section 411.062
411.062 Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station
Status: in_force

411.062 Defense to actions for damages for publication of a defamatory statement

against a radio or television broadcasting station.

If in any action for damages for the publication of a defamatory statement on a visual or

sound radio broadcast, the defendant proves that said defamatory statement has been

uttered by one other than the owner, licensee, or operator of the broadcasting station or

one acting as the agent or employee of said owner, licensee or operator, the action shall

be dismissed unless the plaintiff shall allege and prove that such owner, licensee,

operator, agency or employee has failed to exercise due care to prevent the publication of

said statement in said broadcast; provided, however, that bona fide compliance with any

federal law or the regulation of any federal regulatory agency shall be construed as the

exercise of due care; and provided, further, that in no event shall the owner, operator or

licensee of a radio or television broadcasting station, or one acting as the agent or

employee of such owner, operator or licensee, be held liable for the utterance of a

defamatory statement in a visual or sound radio broadcast over the facilities of such

station by any person speaking as a legally qualified candidate for public office, or on

behalf of any such candidate.
KRS § 148.582 — KY Code / Title XII / Chapter 148 / Section 148.582
148.582 Iraq/Afghanistan War Memorial fund
Status: in_force

148.582 Iraq/Afghanistan War Memorial fund.

(1) The Iraq/Afghanistan War Memorial fund is hereby created as a separate trust fund

in the State Treasury. The Iraq/Afghanistan War Memorial fund shall consist of

amounts received from appropriations and any other proceeds from gifts, grants,

federal funds, or any other funds, both public and private, made available for the

purposes of KRS 148.580 and this section.

(2) The Iraq/Afghanistan War Memorial fund shall be administered by the Tourism,

Arts and Heritage Cabinet.

(3) Amounts deposited in the Iraq/Afghanistan War Memorial fund shall be used only

for the purpose of the establishment of the Iraq/Afghanistan War Memorial as

provided in KRS 148.580.

(4) Notwithstanding KRS 45.229, Iraq/Afghanistan War Memorial fund amounts not

expended at the close of a fiscal year shall not lapse but shall be carried forward

into the next fiscal year.

(5) Any interest earnings of the Iraq/Afghanistan War Memorial fund shall become a

part of the Iraq/Afghanistan War Memorial fund and shall not lapse.

(6) Moneys deposited in the fund are hereby appropriated for the purposes set forth in

this section and shall not be appropriated or transferred by the General Assembly

for any other purposes.
KRS § 45A.405 — KY Code / Title VI / Chapter 45A / Section 45A.405
45A.405 Cost or pricing data
Status: in_force

45A.405 Cost or pricing data.

(1) A contractor shall submit cost or pricing data and shall certify that, to the best of his

knowledge and belief, the cost or pricing data submitted was accurate, complete,

and current as of a mutually determined specified date prior to the date of:

(a) Pricing of any negotiated contract where the total contract price is expected to

exceed fifty thousand dollars ($50,000), or such lesser amount as may be

prescribed by the local public agency; or

(b) Pricing of any change order or contract modification which is expected to

exceed twenty-five thousand dollars ($25,000), or such lesser amount as may

be prescribed by the local public agency.

(2) Any contract, change, or modification thereto under which a certificate is required

shall contain a provision that the price to the local public agency, including profit or

fee, shall be adjusted to exclude any significant sums by which the local public

agency finds that such price was increased because the contractor-furnished cost or

pricing data which, as of the date agreed upon between the parties, was inaccurate,

incomplete, or not current.

(3) The requirement of this section need not be applied to contracts where the price

negotiated is based on adequate price competition, established catalogue or market

prices of commercial items sold in substantial quantities to the general public,

prices set by law or regulation, or in exceptional cases where it is determined in

writing that the requirements of this section may be waived, and the reasons for

such waiver are enumerated in the determination.
KRS § 381.9131 — KY Code / Title XXXII / Chapter 381 / Section 381.9131
381.9131 Description of units
Status: in_force

381.9131 Description of units.

After the declaration is recorded, a description of a unit which sets forth the name of the

condominium, the recording data for the deed and declaration, the county in which the

condominium is located, and the identifying number of the unit, is a sufficient legal

description of that unit and all rights, obligations, and interests appurtenant to that unit.

The numbering system of units shall be adequate to easily distinguish each unit, including

those built at different times.