FrankGoortani/open-us-law huggingface dataset:
KRS § 139.517 — KY Code / Title XI / Chapter 139 / Section 139.517
139.517 Sales tax incentive for alternative fuel, gasification, and renewable energy facilities
Status: in_force

139.517 Sales tax incentive for alternative fuel, gasification, and renewable energy

facilities.

(1) As used in this section:

(a) "Approved company" has the same meaning as in KRS 154.27-010;

(b) "Authority" means the Kentucky Economic Development Finance Authority

established under KRS 154.20-010;

(c) "Eligible project" has the same meaning as in KRS 154.27-010; and

(d) "Tax incentive agreement" has the same meaning as in KRS 154.27-010.

(2) Notwithstanding any other provision of KRS 134.580 or this chapter, an approved

company constructing, retrofitting, or upgrading an eligible project may be eligible

for a sales tax incentive of up to one hundred percent (100%) of the Kentucky sales

or use tax paid on tangible personal property purchased during the construction,

retrofit, or upgrade of the eligible project as provided in KRS 154.27-070. The

tangible personal property shall be incorporated into the eligible project to qualify

for the sales tax incentive.

(3) The authority shall notify the department upon approval of an eligible project. The

notification shall include the name of the eligible project, the name of the approved

company, and the date on which the approved company is eligible to receive

incentives under this section.

(4) (a) An approved company seeking an incentive under this section shall file a

request for incentives within sixty (60) days following the end of the calendar

year in which the activation date occurs. The request shall include all

documentation relating to the payment of the sales and use tax.

(b) In subsequent years, the approved company shall file a request for incentives

within sixty (60) days following the end of each calendar year.

(c) The approved company shall file a final request for incentives within sixty

(60) days from the earlier of the completion of the construction, retrofit, or

upgrade of the eligible project, or the five (5) year anniversary of the

activation date.

(d) The request for incentives shall be in the form prescribed by the department

through the promulgation of administrative regulations in accordance with

KRS Chapter 13A.

(5) Interest shall not be allowed or paid on any sales tax incentive payment made under

the provisions of this section.

(6) The sales tax incentive shall be reduced by the amount of vendor compensation

allowed under KRS 139.570.

(7) The approved company seeking the sales tax incentive payment shall execute

information-sharing agreements prescribed by the department with contractors,

vendors, and other related parties to verify the costs of tangible personal property

eligible for the sales tax incentive payment under this section.

(8) The department shall notify the authority of the incentive distributed to each

approved company upon request.
KRS § 151.460 — KY Code / Title XII / Chapter 151 / Section 151.460
151.460 Actions for penalties and injunctions
Status: in_force

151.460 Actions for penalties and injunctions.

(1) It shall be the duty of the cabinet's Office of Legal Services, or upon the secretary's

request, of the Attorney General, to bring an action for the recovery of the penalties

herein provided for and to bring an action for a restraining order, temporary or

permanent injunction, for the prevention or correction of a condition constituting or

threatening to constitute a violation of this chapter, except as provided for in KRS

151.299.

(2) All actions for penalties and injunctive relief for violations of this chapter shall be

brought in the name of the Commonwealth of Kentucky by the cabinet's Office of

Legal Services, or upon the secretary's request, by the Attorney General in the

Circuit Court of the county in which the applicant resides, or in the Circuit Court

having jurisdiction of the defendant.
KRS § 362.546 — KY Code / Title XXIX / Chapter 362 / Section 362.546
362.546 Effect of merger
Status: in_force

362.546 Effect of merger.

When a merger takes effect:

(1) The separate existence of every domestic limited partnership that is a party to the

merger except the surviving domestic limited partnership, if any, shall cease;

(2) The title to all real estate and other property owned by each domestic limited

partnership that is a party to the merger shall be vested in the surviving entity

without reversion or impairment;

(3) The surviving entity shall be responsible for all liabilities of each domestic limited

partnership that is a party to the merger;

(4) A proceeding pending by or against any domestic limited partnership party to the

merger may be continued as if the merger had not occurred, or the surviving entity

may be substituted in the proceeding for the domestic limited partnership whose

existence ceased;

(5) If a domestic limited partnership is the surviving entity of the merger, the certificate

of limited partnership and partnership agreement of that limited partnership shall be

amended to the extent provided in the plan of merger; and

(6) The partnership interests of every domestic limited partnership that is a party to the

merger that are to be converted into partnership interests, membership interests,

shares or other securities or obligations of the surviving limited partnership, limited

liability company or corporation or into cash or other property, in whole or in part,

shall be so converted and the former holders of such partnership interests shall be

entitled only to the rights provided in the plan of merger.
KRS § 67.840 — KY Code / Title IX / Chapter 67 / Section 67.840
67.840 Election of officials
Status: in_force

67.840 Election of officials.

Following the adoption and organization of a charter county government, or the

consolidation of services or functions pursuant to KRS 67.830, officials designated in the

comprehensive plan shall be elected at the next regularly scheduled election at which

county officers shall be elected. Upon the election and qualification of officials

designated in the comprehensive plan, the charter county government shall immediately

become the effective government. All the debts, property, franchises, and rights of the

existing county government and of any municipality within the county shall be assumed

by the charter county government as designated within the comprehensive plan.
KRS § 337.075 — KY Code / Title XXVII / Chapter 337 / Section 337.075
337.075 Lien on property of employer who violates provisions of chapter -- Recording of lien
Status: in_force

337.075 Lien on property of employer who violates provisions of chapter --

Recording of lien.

(1) A lien may be placed on all property, both real and personal, of an employer

who has been assessed civil penalties by the commissioner for violations of the

wages and hours provisions of this chapter, but not before all administrative

and judicial appeals have been exhausted. The lien shall be in favor of the

Education and Labor Cabinet and shall be an amount totaling the unpaid

wages and penalties due, together with interest at a rate of twelve percent

(12) per annum from the date the notice of the violation is final, but not before

all administrative and judicial appeals have been exhausted. The lien shall be

attached to all property and rights to property owned or subsequently acquired

by the employer. The commissioner or the commissioner's designee shall

record the lien as provided in subsection (2) of this section. The lien shall show

the date on which the notice of violation was issued, the date of the violation,

the name and last known address of the employer against whom the

assessment was made, and the amount of unpaid wages, penalties, and

interest. The lien shall be superior to the lien of any mortgage or encumbrance

thereafter created and shall continue for ten (10) years from the time of the

recording, unless sooner released or otherwise discharged.

(2) The lien shall be filed in any of the following offices in which the employer owns

property or rights to property and any filing fees associated with filing the lien

shall be pursuant to KRS 64.012:

(a) The office of the county clerk of the county in which the defendant

employer resides.

(b) The office of the county clerk of the county in which the defendant

employer has its principal place of business.

(c) The office of the county clerk of any county in which the defendant

employer has property or an interest in property.
KRS § 236.240 — KY Code / Title XIX / Chapter 236 / Section 236.240
236.240 Permit required for installation, erection, or repair -- Fees
Status: in_force

236.240 Permit required for installation, erection, or repair -- Fees.

(1) A person shall not install, erect, or make repairs affecting the strength of a

boiler or pressure vessel without first securing a permit from the department.

Permits shall be issued only to a person licensed under KRS 236.210 to

236.260.

(2) No work shall be performed except by or under the supervision of a licensed

person. The permit fees shall be set by the department.

(3) The permit fees shall include one (1) interim inspection and one (1) final

inspection for issuance of a boiler or pressure vessel certificate of inspection.

(4) Special inspections and more than two (2) inspections requested by the

licensee for each permit shall be charged fees in accordance with KRS

236.130.
KRS § 148.572 — KY Code / Title XII / Chapter 148 / Section 148.572
148.572 Objectives of Kentucky Center for African-American Heritage
Status: in_force

148.572 Objectives of Kentucky Center for African-American Heritage.

The objectives of the Kentucky Center for African-American Heritage, through the

programs and activities of the center, shall be to:

(1) Educate the public and school-age children on the cultural, historical, political, and

artistic contributions that African-Americans have made to the Commonwealth;

(2) Cooperate with the Kentucky Heritage Council, the Kentucky African-American

Heritage Commission, and the Kentucky General Assembly on matters relating to

Kentucky African-American heritage;

(3) Promote Kentucky African-American heritage by working with educational, arts,

and humanities organizations;

(4) Recognize and sanction projects that advance wider knowledge of Kentucky

African-Americans' contributions to, and influence and impact on, life in Kentucky;

and

(5) Support the mission of the Kentucky African-American Heritage Commission.
KRS § 353.580 — KY Code / Title XXVIII / Chapter 353 / Section 353.580
353.580 Expiration of permit -- Extensions
Status: in_force

353.580 Expiration of permit -- Extensions.

(1) Each permit issued under KRS 353.500 to 353.720 shall expire one (1) year after

the date issued, unless the drilling, deepening, or reopening of a well is commenced

pursuant thereto prior to the expiration of the one (1) year period. However, the

permit term shall be extended by one (1) year if, prior to the expiration date, the

permit applicant notifies the department in writing of the applicant's request for an

extension, notifies the owner, record coal lessee, or mine licensee originally entitled

to receive a copy of the plat under KRS 353.050, submits an affidavit stating that

the information in the original permit application is still correct, and submits a fee

for the extension in an amount equal to the permit fee required by KRS 353.590.

With respect to permits issued prior to July 15, 2002, no extension shall be granted

for any permit in cases where there has been a complete severance of the ownership

of the oil and gas from the ownership of the surface to be disturbed, unless the

requested extension is agreed to in writing by the surface owner.

(2) The extension of the permit term pursuant to subsection (1) of this section shall not

create a right to object to the well location under KRS 353.060 nor to mediation

under KRS 353.5901.

(3) All permits issued by the department under any previous statute shall continue in

force as written, only if the drilling of the well has been commenced pursuant

thereto on or before sixty (60) days after June 16, 1960.
KRS § 514.020 — KY Code / Title L / Chapter 514 / Section 514.020
514.020 General provisions
Status: in_force

514.020 General provisions.

(1) It is a defense to prosecution for theft that the actor:

(a) Was unaware that the property or service was that of another; or

(b) Acted under a claim of right to the property or service involved or a claim that

he or she had a right to acquire or dispose of it as he or she did; or

(c) Took property exposed for sale, intending to purchase and pay for it promptly,

or reasonably believing that the owner, if present, would have consented.

(2) It is no defense that theft was from the actor's spouse, except that misappropriation

of household and personal effects or other property normally accessible to both

spouses is theft only if it involves the property of the other spouse and only if it

occurs after the parties have ceased living together.

(3) It shall be prima facie evidence of intent to commit theft by deception when one

who has leased or rented the personal property of another fails to return the personal

property to its owner within four (4) days after the lease or rental agreement has

expired. It shall also be prima facie evidence of intent to commit theft by deception

when one presents to the owner identification which is false, fictitious or not current

as to name, address, place of employment or other items of identification for the

purpose of obtaining the lease or rental agreement. Nothing herein contained shall

relieve the owner from making demand for return of property so leased or rented.

Notice addressed and mailed to the lessee or renter at the address given at the time

of the making of the lease or rental agreement shall constitute proper demand.
KRS § 315.990 — KY Code / Title XXVI / Chapter 315 / Section 315.990
315.990 Penalties -- Extradition
Status: in_force

315.990 Penalties -- Extradition.

(1) Except for the provisions of KRS 315.320, any person violating any provision of

KRS Chapter 315 shall be fined for each offense not less than one hundred

dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in

the county jail for not more than six (6) months, or both. Each week that any

provision of KRS 315.020, 315.030, or 315.035 is violated shall also constitute

a separate offense.

(2) Any person convicted of willfully resisting, preventing, impeding, obstructing,

threatening, or interfering with the officers, agents, or inspectors of the board in

the administration of the provisions of this chapter shall be guilty of a Class A

misdemeanor.

(3) The board may levy an administrative fine not to exceed five thousand dollars

($5,000) for each offense, for any violation of KRS 315.121. All such fines shall

be deposited to the credit of the licensing board to be used by the board in

carrying out the provisions of this chapter.

(4) The board may refuse to issue or renew a permit, or may suspend, temporarily

suspend, revoke, fine, or reasonably restrict any permit holder for any violation

of KRS 315.0351. Any administrative fine levied by the board shall not exceed

five thousand dollars ($5,000) for any violation of KRS 315.0351. All such fines

shall be deposited to the credit of the licensing board to be used by the Board

of Pharmacy in carrying out the provisions of this chapter.

(5) For a violation of KRS 315.320, the Board of Pharmacy may, in addition to any

other civil or criminal penalty, levy an administrative fine not exceeding one

hundred thousand dollars ($100,000). All such fines shall be deposited to the

credit of the Board of Pharmacy in carrying out the provisions of this chapter.

(6) (a) Any person who intentionally, knowingly, or recklessly violates KRS

216B.200 to 216B.210 is guilty of a Class D felony.

(b) Any person who violates KRS 216B.200 to 216B.210 shall be fined not

more than one million dollars ($1,000,000).

(c) Notwithstanding KRS 440.200, the Attorney General may demand from

the Governor of any other state the surrender of any person found in the

other state who is charged in Kentucky with the crime of violating KRS

216B.200 to 216B.210. The provisions for extradition under this

subsection shall apply to any such demand even if the person whose

surrender is demanded was not in Kentucky at the time of the commission

of the crime. Neither the demand, the oath, nor any proceedings for

extradition pursuant to this section need state or show that the person

whose surrender is demanded has fled from justice, or at the time of the

commission of the crime was in Kentucky or the other state.
KRS § 142.343 — KY Code / Title XI / Chapter 142 / Section 142.343
142.343 Interest on unpaid tax
Status: in_force

142.343 Interest on unpaid tax.

In every case, any tax not paid on or before the due date shall bear interest at the tax

interest rate as defined in KRS 131.010(6) from the date due until the date of payment.
KRS § 39G.050 — KY Code / Title V / Chapter 39G / Section 39G.050
39G.050 Kentucky Intelligence Fusion Center
Status: in_force

39G.050 Kentucky Intelligence Fusion Center.

(1) The Kentucky Intelligence Fusion Center is created within the Kentucky Office of

Homeland Security to improve intelligence sharing among public safety and public

service agencies at the federal, state, and local levels, as well as the private sector.

(2) The Kentucky Intelligence Fusion Center shall be a collaboration between the

Kentucky Office of Homeland Security and federal, state, and local agencies, as

well as the private sector, including but not limited to those with the primary

purpose of law enforcement, public safety, public protection, infrastructure

protection, public transit, and corrections.
KRS § 177.380 — KY Code / Title XV / Chapter 177 / Section 177.380
177.380 Funds not to be diverted to other use -- Records -- Annual financial report
Status: in_force

177.380 Funds not to be diverted to other use -- Records -- Annual financial report.

(1) Funds appropriated by KRS 177.375 to 177.380 and any other act for transportation

center programs shall not be diverted for any other use.

(2) The University of Kentucky and the transportation center shall maintain such

records as necessary to account for all receipts and expenditures credited or charged

against the transportation center.

(3) An annual financial report shall be submitted to the executive director of the

Legislative Research Commission and to the Governor by the university on behalf

of the transportation center.
KRS § 371.080 — KY Code / Title XXX / Chapter 371 / Section 371.080
371.080 Person signing back of note considered assignor
Status: in_force

371.080 Person signing back of note considered assignor.

Any person who signs his name upon the back of a nonnegotiable promissory note shall

be considered an assignor as to the party holding it, unless a different purpose is

expressed in writing.
KRS § 311.673 — KY Code / Title XXVI / Chapter 311 / Section 311.673
311.673 Administration regulations -- Acupuncture Advisory Committee -- Membership -- Meetings -- Duties
Status: in_force

311.673 Administration regulations -- Acupuncture Advisory Committee --

Membership -- Meetings -- Duties.

(1) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A relating to the licensure and regulation, including temporary licensure,

of acupuncturists. Regulation of acupuncture includes continuing education

requirements and fee schedules.

(2) The board shall establish an eight (8) member Acupuncture Advisory Committee

that shall review and make recommendations to the board regarding matters relating

to acupuncturists that come before the board, including but not limited to:

(a) Applications for acupuncturist licensure;

(b) Licensure renewal requirements;

(c) Fees;

(d) Applicable standards of practice for acupuncture practitioners;

(e) Continuing education requirements;

(f) Rotating appointment of committee members;

(g) Disciplinary actions, at the request of a panel of the board; and

(h) Promulgation and revision of administrative regulations.

(3) Members of the Acupuncturist Advisory Committee shall be appointed by the board

for four (4) year terms, on a rotating basis to provide for continuity, and shall

consist of:

(a) One (1) member of the board;

(b) Two (2) physicians licensed by the board whose practices include the use of

acupuncture;

(c) One (1) member of the public who is not associated with or financially

interested in the practice of acupuncture; and

(d) Four (4) acupuncture practitioners licensed by the board.

(4) The chairperson and secretary of the committee shall be elected by a majority vote

of the committee members annually. The president shall be responsible for

presiding over meetings that shall be held on a regular basis, but no less than two

(2) times each calendar year. Additional meetings may be held each calendar year at

the call of the chairperson or by the written request of at least three (3) committee

members. The secretary shall keep a record of the minutes of the committee's

meetings. Five (5) members of the committee shall constitute a quorum to conduct

business.

(5) Members shall receive reimbursement for expenditures relating to attendance at

committee meetings consistent with state policies for reimbursement of travel

expenses for state employees.

(6) The board may remove any member on the member's request or for poor attendance

at committee meetings, neglect of duties, or malfeasance in office.
KRS § 381.825 — KY Code / Title XXXII / Chapter 381 / Section 381.825
381.825 Joint or common ownership
Status: in_force

381.825 Joint or common ownership.

Any unit may be jointly or commonly owned by more than one (1) person.
KRS § 177.915 — KY Code / Title XV / Chapter 177 / Section 177.915
177.915 Permit -- Conditions -- Screening
Status: in_force

177.915 Permit -- Conditions -- Screening.

The permit required by KRS 177.910 shall be issued in accordance with the

administrative regulations of the department, promulgated pursuant to the provisions of

KRS 177.905 to 177.950, when it is shown to the satisfaction of the commissioner that an

automobile, vehicle, machinery or material recycling establishment or place of business

located closer than 1,000 feet from the right-of-way line of any road is, so far as deemed

practical by the secretary, hidden from the view of motorists using such road by an

artificial or natural screen, or is by virtue of natural topography so hidden. The screening

required in this section may be effected by the construction of a fence, or by planting

shrubs, trees, or flowering plants, the foliage of which shall, immediately upon planting,

provide a sufficient screen or by making use of foliage already in existence. Any

automobile, vehicle, machinery or material recycling establishment or place of business

that cannot as a practical matter be screened, shall be required to be removed.
KRS § 262.490 — KY Code / Title XXI / Chapter 262 / Section 262.490
262.490 Landowner may petition for variance from regulations
Status: in_force

262.490 Landowner may petition for variance from regulations.

Any landowner or occupier may file a petition with the board of adjustment alleging that

there are great practical difficulties or unnecessary hardship in the way of his carrying out

upon his lands the strict letter of the land-use regulations and praying the board of

adjustment to authorize a variance from the terms of the land-use regulations in the

application of such regulations to the lands occupied by the petitioner. Copies of the

petition shall be served by the petitioner upon the chairman of the board of the district

and upon the chairman of the commission.