FrankGoortani/open-us-law huggingface dataset:
KRS § 367.3623 — KY Code / Title XXIX / Chapter 367 / Section 367.3623
367.3623 De-identifiable data requirements -- Construction -- Limitation of consumer rights on pseudonymous data -- Controller oversight of de-identifiable or pseudonymous data
Status: in_force

367.3623 De-identifiable data requirements -- Construction -- Limitation of

consumer rights on pseudonymous data -- Controller oversight of de-

identifiable or pseudonymous data.

(1) The controller in possession of de-identified data shall:

(a) Take reasonable measures to ensure the data cannot be associated with a

natural person;

(b) Publicly commit to maintaining and using de-identified data without

attempting to re-identify the data; and

(c) Contractually obligate any recipients of the de-identified data to comply with

all provisions of KRS 367.3611 to 367.3629.

(2) Nothing in KRS 367.3611 to 367.3629 shall be construed to require a controller or

processor to:

(a) Re-identify de-identified data or pseudonymous data; or

(b) Maintain data in identifiable form, or collect, obtain, retain, or access any data

or technology, in order to be capable of associating an authenticated consumer

request with personal data.

(3) Nothing in KRS 367.3611 to 367.3629 shall be construed to require a controller or

processor to comply with an authenticated consumer rights request pursuant to KRS

367.3615 if:

(a) The controller is not reasonably capable of associating the request with the

personal data or it would be unreasonably burdensome for the controller to

associate the request with the personal data;

(b) The controller does not use the personal data to recognize or respond to the

specific consumer who is the subject of the personal data, or associate the

personal data with other personal data about the same specific consumer; and

(c) The controller does not sell the personal data to any third party or otherwise

voluntarily disclose the personal data to any third party other than a processor,

except as otherwise permitted in this section.

(4) The consumer rights contained in KRS 367.3615 shall not apply to pseudonymous

data in cases where the controller is able to demonstrate any information necessary

to identify the consumer is kept separately and is subject to appropriate technical

and organizational measures to ensure that the personal data is not attributed to an

identified or identifiable natural person.

(5) A controller that discloses pseudonymous data or de-identified data shall exercise

reasonable oversight to monitor compliance with any contractual commitments to

which the pseudonymous data or de-identified data is subject and shall take

appropriate steps to address any breaches of those contractual commitments.
KRS § 77.175 — KY Code / Title IX / Chapter 77 / Section 77.175
77.175 Violations may be enjoined
Status: in_force

77.175 Violations may be enjoined.

Any violation of any provision of KRS 77.150 to 77.175 may be enjoined in a civil action

brought by the air pollution control board, the air pollution control officer, or any person

aggrieved by such violation. Such abatement may be in addition to the fine hereinafter

provided.
KRS § 267.180 — KY Code / Title XXII / Chapter 267 / Section 267.180
267.180 Cost of construction and assessment of benefits when improvement crosses highway
Status: in_force

267.180 Cost of construction and assessment of benefits when improvement crosses

highway.

When any improvement crosses a public street or highway, the actual cost of constructing

it across the street or highway, or removing old bridges or building new ones, shall be

paid out of the fund of the drainage district. When any street or highway in the district is

benefited by an improvement, the viewers shall assess and give in their report the amount

of benefit to the street or highway, and process shall be issued against the county or city

owning or controlling it. Such county or city shall have the right to appear before the

court and file its exceptions the same as any landowner, and shall be liable for and shall

pay the amount finally assessed against it, which may be recovered by suit in the name of

the board.
KRS § 27A.099 — KY Code / Title IV / Chapter 27A / Section 27A.099
27A.099 Deferred prosecution -- Application -- Listing of persons with records sealed
Status: in_force

27A.099 Deferred prosecution -- Application -- Listing of persons with records

sealed.

(1) The Administrative Office of the Courts shall create an application for use by a

defendant requesting deferred prosecution under KRS 218A.14151 which shall

include a space for the defendant to indicate all prior convictions and

expungements.

(2) The Chief Justice may authorize the Administrative Office of the Courts to develop,

collect, and maintain a listing of persons who have had their records sealed under

KRS 218A.14151, 218A.275, and 218A.276. The list may be utilized by the courts

and attorneys practicing in the courts to determine whether the person is eligible to

participate in a deferred prosecution under KRS 218A.14151 or a treatment or

recovery program under KRS 218A.275 or 218A.276.
KRS § 236.090 — KY Code / Title XIX / Chapter 236 / Section 236.090
236.090 Examination
Status: in_force

236.090 Examination.

Examination for a certificate of competency or a national board commission for boiler

inspectors or special boiler inspectors shall be in writing and shall be given and

monitored by the boiler inspection section of the division. Examinations are given on the

first Wednesday and Thursday of the months of March, June, September and December

of each year. The record of an applicant's examination shall be accessible to said

applicant and his employer.
KRS § 45A.025 — KY Code / Title VI / Chapter 45A / Section 45A.025
45A.025 Determination
Status: in_force

45A.025 Determination.

Every determination required by this code shall be in writing and based upon written

findings of the public official making the determination. These determinations and

written findings shall be retained in an official contract file in the office of the chief

purchasing officer or in the office of the using agency administering the contract.
KRS § 67.250 — KY Code / Title IX / Chapter 67 / Section 67.250
67.250 Report of commissions -- Election of officers for new county
Status: in_force

67.250 Report of commissions -- Election of officers for new county.

The report of the commissions shall be entered on the records of each county

judge/executive. At the next general election to be held in the counties for the election of

county officers, officers for the new county shall be chosen. Said election shall be held

and conducted in all respects under the general election laws obtaining in this

Commonwealth at the time of the election. Members of the fiscal court for the new

county shall be elected, one (1) from each of the three (3) districts created by the

commissions, under the provisions of the law providing for the election of county

commissioners under the commission form of government for counties, or any

amendments thereto.
KRS § 212.345 — KY Code / Title XVIII / Chapter 212 / Section 212.345
212.345 Consent document -- Endorsement
Status: in_force

212.345 Consent document -- Endorsement.

Before any person in the Commonwealth may have a nontherapeutic sterilization

performed upon himself, he shall give written informed consent to the performance of the

sterilization. To be valid such consent document shall be endorsed by the following

persons in the following instances:

(1) By the consenting individual in all cases; or

(2) By the adult parent or guardian of the consenting individual if such be a minor child

and unmarried.
KRS § 362.439 — KY Code / Title XXIX / Chapter 362 / Section 362.439
362.439 Liability of person erroneously believing to be a limited partner
Status: in_force

362.439 Liability of person erroneously believing to be a limited partner.

(1) Except as provided in subsection (2) of this section, a person who makes a

contribution to a business enterprise and erroneously, but in good faith, believes that

he has become a limited partner in the enterprise shall not be a general partner in the

enterprise and shall not be bound by its obligations by reason of making the

contribution, receiving distributions from the enterprise, or exercising any rights of

a limited partner, if, within a reasonable time after ascertaining the mistake he:

(a) Causes an appropriate certificate of limited partnership or a certificate of

amendment to be executed and filed; or

(b) Withdraws from future equity participation in the enterprise by executing and

filing with the Secretary of State a certificate declaring withdrawal under this

section.

(2) A person who makes a contribution of the kind described in subsection (1) of this

section shall be liable as a general partner to any third party who transacts business

with the enterprise before the person withdraws and an appropriate certificate is

filed to show withdrawal or before an appropriate certificate is filed to show that the

person is not a general partner, but in either case, only if the third party actually

believed in good faith that the person was a general partner at the time of the

transaction.
KRS § 278.549 — KY Code / Title XXIV / Chapter 278 / Section 278.549
278.549 Rates -- Funding mechanism
Status: in_force

278.549 Rates -- Funding mechanism.

Users of a telecommunications relay service shall pay rates no greater than the rates paid

for functionally equivalent voice communication services provided without a

telecommunications relay. The commission shall determine the appropriate funding

mechanism for the telecommunications relay system. The telecommunications industry

shall not be required to absorb the cost of funding the telecommunications relay service.

The commission may use assistance from public agencies of the state or federal

government or from private organizations to accomplish the purposes of KRS 278.547 to

278.549.
KRS § 322A.100 — KY Code / Title XXVI / Chapter 322A / Section 322A.100
322A.100 Grounds for suspension or other action by the board
Status: in_force

322A.100 Grounds for suspension or other action by the board.

The board may suspend any registrant, refuse to renew or revoke the certificate of any

registrant, reprimand any registrant, place any registrant on probation, or impose an

administrative fine of up to one thousand dollars ($1,000) per violation when the

registrant is found guilty by the board of:

(1) Fraud or deceit in obtaining a license;

(2) Gross negligence, incompetence, or misconduct in the practice of geology;

(3) Conviction by a court of law of any felony, a felony involving sexual misconduct,

or a crime where dishonesty is a necessary element;

(4) Violation of the code of ethics promulgated by the board; or

(5) The commission of any unlawful act as set forth in KRS 322A.990.
KRS § 27A.052 — KY Code / Title IV / Chapter 27A / Section 27A.052
27A.052 Circuit Court clerk salary account
Status: in_force

27A.052 Circuit Court clerk salary account.

(1) The Circuit Court clerk salary account is created as a trust and agency account in

the State Treasury to be administered by the Administrative Office of the Courts.

The account shall consist of proceeds from grants, contributions, appropriations, or

other moneys made available for the purposes of the account.

(2) Notwithstanding KRS 45.229, any moneys remaining in the account not expended

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

fiscal year.

(3) Any interest earnings of the account shall become a part of the account and shall

not lapse.

(4) Moneys in the account shall be used for the purposes of hiring additional deputy

circuit clerks and providing salary adjustments to deputy circuit clerks and are

hereby appropriated for these purposes.
KRS § 531.306 — KY Code / Title L / Chapter 531 / Section 531.306
531.306 Proof of actual identity, age, or existence of minor not required for prosecution involving computer-generated image
Status: in_force

531.306 Proof of actual identity, age, or existence of minor not required for

prosecution involving computer-generated image.

In any prosecution under KRS 531.300 to 531.370 where the offense involves matter or

material portraying a computer-generated image of a minor, the Commonwealth shall not

be required to prove the actual identity or age of the minor or that the minor actually

exists.
KRS § 247.240 — KY Code / Title XXI / Chapter 247 / Section 247.240
247.240 County farm bureaus authorized
Status: in_force

247.240 County farm bureaus authorized.

(1) A farm bureau may be incorporated in each county.

(2) Farm bureaus may acquire, by gift or purchase, real and personal property and may

exercise all powers necessary or convenient to successfully carry out the objects of

farm bureaus.

(3) Farm bureau corporations shall not declare dividends.
KRS § 65.871 — KY Code / Title IX / Chapter 65 / Section 65.871
65.871 Local restrictions on sales of metals and products containing metal permitted -- Conditions
Status: in_force

65.871 Local restrictions on sales of metals and products containing metal

permitted -- Conditions.

A city, county, urban-county, charter county, unified county, or consolidated local

government may adopt an ordinance relating to the purchase of metals and metal-

containing products provided the ordinance:

(1) Contains at least the provisions specified in KRS 15.232, 16.066, 433.890 to

433.896, 433.900 to 433.906, and 512.090, but which may contain additional

provisions; and

(2) Does not specify a lesser penalty for a similar offense than specified in KRS 15.232,

16.066, 433.890 to 433.896, and 512.090 or provides that the penalty specified in

KRS 433.890 to 433.896 and 512.090 shall apply.
KRS § 352.430 — KY Code / Title XXVIII / Chapter 352 / Section 352.430
352.430 Inspection and closing of mines by department -- Hearings
Status: in_force

352.430 Inspection and closing of mines by department -- Hearings.

(1) The operator, superintendent, or mine manager of every mine shall furnish the mine

inspector proper facilities for entering the mine and making examinations or

obtaining information.

(2) If any inspector discovers that any mine does not conform to the provisions of KRS

Chapter 351 and this chapter in respect to the safety of employees, or that by reason

of any defect or practice not specifically covered by these chapters in or about the

mine, the lives or health of persons employed therein are endangered, he shall

immediately issue an emergency order to the licensee or superintendent. If he deems

it necessary for the immediate protection from imminent danger of bodily harm of

the persons employed in the mine, he shall withdraw the men who may be

endangered according to the following procedures:

(a) If the entire mine is affected by the dangerous condition, all men shall be

withdrawn and production shall be halted until all defects causing the

imminently dangerous condition are corrected;

(b) If an imminent danger affects only a portion of the mine, the persons whose

safety may be menaced thereby shall be withdrawn from the affected part of

the mine and production halted in that area until the dangerous condition is

corrected;

(c) Where production is necessary to correct the unsafe condition, it shall be

permitted to that extent, using only the necessary personnel; and

(d) Production at the affected area of a mine from which men are withdrawn

pursuant to this section may be resumed upon reinspection by a mine

inspector and a finding by that inspector that the mine is no longer imminently

unsafe.

(3) In all emergency hearings, a departmental attorney, the Attorney General, the

Commonwealth's attorney, or the county attorney of the judicial circuit or county in

which the mine is situated shall appear for the Commonwealth and defend the

action.
KRS § 67C.315 — KY Code / Title IX / Chapter 67C / Section 67C.315
67C.315 Application to chief, assistant chief, and officers above the rank of captain
Status: in_force

67C.315 Application to chief, assistant chief, and officers above the rank of

captain.

(1) The provisions of KRS 67C.303, 67C.305, 67C.307, 67C.309, and 67C.319 shall

not apply to the chief of police, assistant chief, and any officers above the rank of

captain of the consolidated local government police force. These officers shall be

appointed by the mayor and shall not be considered covered under the employment

protections of the merit board, except as provided in subsection (2) of this section.

(2) Any officer originally covered by the provisions of KRS 67C.303, 67C.305,

67C.307, and 67C.309 who shall accept an appointment and qualify as chief of

police, assistant chief of police, or officer above the rank of captain shall be deemed

to have received a leave of absence from the classified service for and during his or

her service in either of these respective positions. Should any chief of police,

assistant chief of police, or officer above the rank of captain cease to serve in that

capacity, he or she shall be restored to the same classification and rank which he or

she held prior to the appointment without loss of seniority in grade. Any person not

covered by the provisions of KRS 67C.303, 67C.305, 67C.307, and 67C.309 when

appointed to the position of chief of police, assistant chief of police, or officer

above the rank of captain shall not be deemed to be part of the classified service and

shall not be placed in any classification or rank in the classified service when he or

she ceases to serve in that position unless he or she goes through the normal

qualification and classification procedures required by the board.
KRS § 510.120 — KY Code / Title L / Chapter 510 / Section 510.120
510.120 Sexual abuse in the second degree
Status: in_force

510.120 Sexual abuse in the second degree.

(1) A person is guilty of sexual abuse in the second degree when:

(a) He or she is at least eighteen (18) years old but less than twenty-one (21) years

old and subjects another person who is less than sixteen (16) years old to

sexual contact;

(b) Being a jailer, or an employee, contractor, vendor, or volunteer of the

Department of Corrections, Department of Juvenile Justice, or a detention

facility as defined in KRS 520.010, or of an entity under contract with either

department or a detention facility for the custody, supervision, evaluation, or

treatment of offenders, he or she subjects a person who is at least eighteen

(18) years old and who he or she knows is incarcerated, supervised, evaluated,

or treated by the Department of Corrections, Department of Juvenile Justice,

detention facility, or contracting entity, to sexual contact; or

(c) Being a peace officer, while serving in his or her official capacity, he or she

subjects a person who the officer:

1. Arrested, held in custody, or investigated for commission of a traffic or

criminal offense; or

2. Knew or should have known was under arrest, held in custody, or being

investigated for commission of a traffic or criminal offense;

to sexual contact.

(2) In any prosecution under subsection (1)(a) of this section, it is a defense that:

(a) The other person's lack of consent was due solely to incapacity to consent by

reason of being less than sixteen (16) years old; and

(b) The other person was at least fourteen (14) years old; and

(c) The actor was less than five (5) years older than the other person.

(3) Sexual abuse in the second degree is a Class A misdemeanor.
KRS § 138.715 — KY Code / Title XI / Chapter 138 / Section 138.715
138.715 Civil penalties and interest
Status: in_force

138.715 Civil penalties and interest.

(1) If any licensee neglects or refuses to make the return or pay the tax at the time

provided in KRS 138.685, a penalty of twenty percent (20%) of the tax and interest

at the tax interest rate as defined in KRS 131.010(6) from the date when due shall

be paid on the tax.

(2) If any licensee subject to the penalty provided in subsection (1) of this section

submits to the department in writing the reasons for failure to comply with KRS

138.660 to 138.7291 and if the department finds the reasons sufficient evidence or

justifiable cause for modifying the penalty provided in subsection (1) of this

section, it may modify the penalty enacted therein to five percent (5%) of the

amount of the tax due and delinquent, provided the five percent (5%) penalty may

be reduced to one percent (1%) if the violation is the first violation by the taxpayer

within the twelve (12) months.

(3) If the penalties provided by this section are collected by proceedings in court, an

additional penalty of twenty percent (20%) shall be collected and distributed as is

authorized by KRS 134.552. Whenever any licensee neglects or refuses to make

and file any report for any calendar quarter as required by KRS 138.685, or files an

incorrect or fraudulent report, the department shall determine after an investigation

the amount of the liability which the licensee has incurred under KRS 138.660 to

138.7291 for any particular quarter and assess and collect the amount of tax and

penalties due.

(4) Any licensee who fails to make any report required under the provisions of KRS

138.660 to 138.7291 within the time allowed shall be required to pay a penalty of

five hundred dollars ($500) for any offense. The penalty is to be assessed and

collected in the manner provided for the assessment and collection of taxes, or the

licensee may be proceeded against in a civil action instigated by the department. In

addition, such licensee may be compelled to make the required return.

(5) In any action for the collection of taxes due under KRS 138.660 to 138.7291 and

any penalties or interest imposed in connection therewith, an assessment by the

department of the amount of tax due and the interest or penalties due to the state

shall constitute prima facie evidence of the claim of the state and the burden of

proof shall be on the licensee to show that the assessment was incorrect or contrary

to law.
KRS § 342.300 — KY Code / Title XXVII / Chapter 342 / Section 342.300
342.300 Continuation of award pending appeal -- Suspension
Status: in_force

342.300 Continuation of award pending appeal -- Suspension.

Upon motion of either party and a sufficient showing of reason and necessity therefor, the

board, if an appeal is taken, may continue in force the award, judgment, or order appealed

from, pending its decision of such appeal, but to be suspended upon the execution by the

adverse party of a supersedeas bond for appeal to the Court of Appeals.