FrankGoortani/open-us-law huggingface dataset:
KRS § 136.010 — KY Code / Title XI / Chapter 136 / Section 136.010
136.010 Definitions for chapter, except KRS 136.500 to 136.575
Status: in_force

136.010 Definitions for chapter, except KRS 136.500 to 136.575.

As used in this chapter, except for KRS 136.500 to 136.575, unless the context requires

otherwise:

(1) "Out-of-state business property" means all real and personal property having a

taxable situs outside this state owned by a corporation for use in the active conduct

of a trade or business;

(2) "Personal property" means every species and character of property, tangible and

intangible, other than real property;

(3) "Real property":

(a) Means all lands within this state and improvements thereon; and

(b) Includes but is not limited to mains, pipes, pipelines, and conduits that are:

1. Authorized to be installed in, upon, or under any public or private street

or place; and

2. Used or to be used for or in connection with the collection, transmission,

distribution, conducting, sale, or furnishing of heat, steam, water,

sewage, natural or manufactured gas, or electricity to or for the public;

and

(4) "Tax exempt United States obligations" means all obligations of the United States

exempt from taxation under 31 U.S.C. sec. 3124(a) or exempt under the United

States Constitution or any federal statute including the obligations of any

instrumentality or agency of the United States which are exempt from state or local

taxation under the United States Constitution or any statute of the United States.
KRS § 95.781 — KY Code / Title IX / Chapter 95 / Section 95.781
95.781 Warrants for payments from pension fund
Status: in_force

95.781 Warrants for payments from pension fund.

All moneys ordered to be paid from said pension fund to any person or persons shall be

paid by the treasurer of the board of trustees only upon warrants signed by the president

of said board and countersigned by the secretary thereof, and no warrant shall be drawn

except by order of the board, after having been duly entered on the records of the

proceedings of the board of trustees.
KRS § 610.072 — KY Code / Title LI / Chapter 610 / Section 610.072
610.072 Attendance of public at hearings in courts participating in pilot project authorized by KRS 21A.190
Status: in_force

610.072 Attendance of public at hearings in courts participating in pilot project

authorized by KRS 21A.190.

(1) Any statute, administrative procedure, or court rule limiting or prohibiting public

attendance at court proceedings conducted under KRS Chapter 620 or 625 shall not

apply in a court which is participating in a pilot project authorized by KRS 21A.190

to the extent that the Chief Justice, and the presiding judge for a case specified in

KRS 21A.190, have authorized public attendance at the proceeding.

(2) The provisions of this section shall not permit attendance by the public at any court

handling a case under KRS Chapter 620 or 625 which is not participating in the

pilot project authorized by KRS 21A.190, except as otherwise authorized by law.

(3) Unless authorized by law, the provisions of this section shall not permit attendance

by the public in any court participating in the pilot project authorized by KRS

21A.190 which is not authorized by the Supreme Court to admit the public for any

case or class of cases.

(4) The provisions of this section shall not permit attendance by the public at any case

before a court participating in the pilot project authorized by KRS 21A.190 when

the judge presiding over the case determines that the case shall be closed.
KRS § 227A.120 — KY Code / Title XIX / Chapter 227A / Section 227A.120
227A.120 Appeal of disciplinary action
Status: in_force

227A.120 Appeal of disciplinary action.

Any party aggrieved by a disciplinary action of the department may bring an action in the

Circuit Court of Franklin County under the provisions of KRS Chapter 13B.
KRS § 187.420 — KY Code / Title XVI / Chapter 187 / Section 187.420
187.420 Duration of suspension
Status: in_force

187.420 Duration of suspension.

Such license, registration and nonresident's operating privilege shall (except as provided

in KRS 187.440) remain so suspended and shall not be renewed, nor shall any such

license or registration be thereafter issued in the name of such person, including any such

person not previously licensed, unless and until every such judgment is stayed, satisfied

or discharged.
KRS § 396.026 — KY Code / Title XXXIV / Chapter 396 / Section 396.026
396.026 Affidavit of claimant
Status: in_force

396.026 Affidavit of claimant.

Upon any claim being presented in the manner described in subsection (1) of KRS

396.015, the personal representative may require by written request mailed to the

claimant, the affidavit of the claimant or other satisfactory evidence that such claim is

justly due, that no payments have been made thereon, and that there are no offsets against

same to the knowledge of the claimant; or if any payments have been made, or any offsets

exist, that their nature and amount be shown by the evidence or stated in the affidavit.
KRS § 262.550 — KY Code / Title XXI / Chapter 262 / Section 262.550
262.550 Commission to determine feasibility of continuance of district
Status: in_force

262.550 Commission to determine feasibility of continuance of district.

(1) The commission shall publish the result of the referendum and shall determine

whether the continued operation of the district within the defined boundaries is

administratively practicable and feasible. If the commission determines that the

continued operation of the district is administratively practicable and feasible, it

shall record the determination and deny the petition. If the commission determines

that the continued operation of the district is not administratively practicable and

feasible, it shall record that determination and shall certify that determination to the

board of the district. In making that determination the commission shall give regard

and weight to the attitudes of the owners and occupiers of lands lying within the

district, the number of landowners eligible to vote in the referendum who have

voted, the proportion of the votes cast in the referendum in favor of the

discontinuance of the district to the total number of votes cast, the approximate

wealth and income of the landowners and occupiers of the district, the probable

expense of carrying on erosion-control operations within the district and such other

economic and social factors as are relevant to the determination.

(2) The commission shall not determine that the continued operation of the district is

administratively practicable and feasible unless at least a majority of the votes cast

in the referendum have been cast in favor of the continuance of the district.
KRS § 229.045 — KY Code / Title XIX / Chapter 229 / Section 229.045
229.045 Sanctioning bodies -- Requirements -- Administrative regulations
Status: in_force

229.045 Sanctioning bodies -- Requirements -- Administrative regulations.

(1) USA Boxing is the only sanctioning body recognized to conduct combat sports not

covered under this chapter.

(2) All other sanctioning bodies shall be nonprofit and submit a request to the

commission to be recognized as a sanctioning body according to the requirements

the commission establishes through the promulgation of an administrative

regulation.

(3) Sanctioning bodies shall provide notice to the commission of all combat sports

exhibitions not otherwise covered under this chapter for publication in a calendar of

events according to the requirements the commission establishes through the

promulgation of an administrative regulation in accordance with KRS Chapter 13A.
KRS § 216.313 — KY Code / Title XVIII / Chapter 216 / Section 216.313
216.313 Definitions for KRS 216.310 to 216.360
Status: in_force

216.313 Definitions for KRS 216.310 to 216.360.

As used in KRS 216.310 to 216.360:

(1) "Hospital" means a place devoted primarily to the maintenance and operation of

facilities for the diagnosis, treatment, or care, for more than twenty-four (24) hours,

of two (2) or more nonrelated individuals suffering from illness, disease, injury,

deformity, or a place including nursing and convalescent homes and all institutions

for the care of the sick, devoted primarily to providing, for more than twenty-four

(24) hours, obstetrical or other medical or nursing care for two (2) or more

nonrelated individuals;

(2) "District" means hospital district;

(3) "Board" means the governing body of a hospital district;

(4) "Secretary" means the secretary of the Cabinet for Health and Family Services or his

designee; and

(5) "Medical service area" means the geographic territory from which patients come or

are expected to come to existing or proposed health facilities as defined by the

Cabinet for Health and Family Services.
KRS § 243.240 — KY Code / Title XX / Chapter 243 / Section 243.240
243.240 Business authorized by quota retail package license -- Delivery of alcoholic beverages purchased on premises by consumers
Status: in_force

243.240 Business authorized by quota retail package license -- Delivery of

alcoholic beverages purchased on premises by consumers.

(1) A quota retail package license shall authorize the licensee to:

(a) Purchase, receive, possess, and sell distilled spirits and wine at retail in

unbroken packages only, and only for consumption off the licensed

premises;

(b) Deliver to the consumer, at the consumer's request, alcoholic beverages

that are purchased from the licensed premises, in quantities not to exceed

four and one-half (4 1/2) liters of distilled spirits and four (4) cases of wine

per consumer per day for sales prior to January 1, 2021, and in quantities

not to exceed an aggregate of nine (9) liters of distilled spirits and four (4)

cases of wine per consumer per day on and after January 1, 2021; and

(c) 1. Sell distilled spirits and wine in unbroken packages only at fairs and

festivals held in wet territory if the fair or festival is located in the

same county as the quota retail package license holder's licensed

premises; and

2. Notwithstanding KRS 243.0307, sell and provide samples of distilled

spirits and wine at fairs and festivals held in wet territory if the fair or

festival is located in the same county as the quota retail package

license holder's licensed premises.

(2) The licensee shall purchase distilled spirits and wine in retail packages only

and only from:

(a) Licensed wholesalers;

(b) Those licensees authorized to sell distilled spirits and wine by the

package at retail, but only if the distilled spirits and wine have first gone

through the three (3) tier system; or

(c) From a distillery souvenir gift shop.

(3) The restrictions and permissions for sales to quota retail package licensees

and to consumers that are authorized under KRS 243.0305(4) shall supersede

any conflicting provisions of this section.
KRS § 457.050 — KY Code / Title XLII / Chapter 457 / Section 457.050
457.050 Execution of power of attorney
Status: in_force

457.050 Execution of power of attorney.

(1) A power of attorney shall be signed by the principal or in the principal's conscious

presence by another individual directed by the principal to sign the principal's name

on the power of attorney. If signed in the principal's conscious presence by another

individual, the reason for this method of signing shall be stated in the power of

attorney.

(2) A signature on a power of attorney is presumed to be genuine if the principal

acknowledges the signature before a notary public or other individual authorized by

law to take acknowledgments.
KRS § 263.110 — KY Code / Title XXI / Chapter 263 / Section 263.110
263.110 Inspection of plants and vehicles, when required
Status: in_force

263.110 Inspection of plants and vehicles, when required.

The department shall inspect each place or truck licensed under this chapter at least once

each year or as often as it determines necessary and furnish a report of this inspection to

the department and a copy to the license holder.
KRS § 45A.494 — KY Code / Title VI / Chapter 45A / Section 45A.494
45A.494 Reciprocal preference to be given by governmental bodies to resident bidders -- List of states -- Administrative regulations
Status: in_force

45A.494 Reciprocal preference to be given by governmental bodies to resident

bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder

on a contract by a governmental body, a resident bidder of the Commonwealth shall

be given a preference against a nonresident bidder registered in any state that gives

or requires a preference to bidders from that state. The preference shall be equal to

the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other

business entity that, on the date the contract is first advertised or announced as

available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed

Kentucky corporate income taxes, made payments to the Kentucky

unemployment insurance fund established in KRS 341.490, and maintained a

Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other

business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a

nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a

governmental body.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to

or require a preference for their own resident bidders, including details of the

preference given to such bidders, to be used by governmental bodies in determining

resident bidder preferences. The cabinet shall also promulgate administrative

regulations in accordance with KRS Chapter 13A establishing the procedure by

which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts

with federal law.

(8) Any governmental body soliciting or advertising for bids for contracts shall make

KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.
KRS § 260.860 — KY Code / Title XXI / Chapter 260 / Section 260.860
260.860 Hemp Advisory Board
Status: in_force

260.860 Hemp Advisory Board.

(1) The Hemp Advisory Board is created for the purpose of providing advice and

expertise as may be needed by the department with respect to plans, policies,

and procedures applicable to the administration of its respective hemp

program.

(2) The Hemp Advisory Board shall be attached to the department for

administrative purposes.

(3) The Hemp Advisory Board shall be composed of the following members:

(a) The Commissioner of the department or the Commissioner's designee;

(b) The dean of the University of Kentucky's College of Agriculture, Food and

Environment or the dean's designee;

(c) The commissioner of the Department of Kentucky State Police or the

commissioner's designee;

(d) The president of the Kentucky Sheriff's Association or the president's

designee;

(e) The president of the Kentucky Association of Chiefs of Police or the

president's designee; and

(f) Ten (10) at-large members designated by the Commissioner.

(4) The Commissioner or the Commissioner's designee shall serve as chair.

(5) A majority of the members of the board shall constitute a quorum.

(6) The board shall meet at least one (1) time annually at the call of the chair.

(7) In making the initial appointments of the board, the Commissioner shall stagger

the terms of the board members. Thereafter, members shall be appointed to a

term of four (4) years and shall serve until their successors are duly appointed

and qualified.

(8) Board members shall receive no compensation but shall be reimbursed,

payable from the hemp program fund, for any actual travel expense incurred

while attending meetings of the board.
KRS § 189.292 — KY Code / Title XVI / Chapter 189 / Section 189.292
189.292 Use of personal communication device prohibited while operating motor vehicle in motion on traveled portion of roadway -- Exclusions -- Administrative regulations
Status: in_force

189.292 Use of personal communication device prohibited while operating motor

vehicle in motion on traveled portion of roadway -- Exclusions --

Administrative regulations.

(1) As used in this section, "personal communication device" means a device capable of

two (2) way audio or text communication that emits an audible signal, vibrates,

displays a message, or otherwise summons or delivers communication to the

possessor, including but not limited to a paging device and a cellular telephone.

(2) Except as provided in subsection (3) of this section, no person shall, while operating

a motor vehicle that is in motion on the traveled portion of a roadway, write, send,

or read text-based communication using a personal communication device to

manually communicate with any person using text-based communication, including

but not limited to communications referred to as a text message, instant message, or

electronic mail.

(3) Subsection (2) of this section shall not apply to:

(a) The use of a global positioning system feature of a personal communication

device;

(b) The use of a global positioning or navigation system that is physically or

electronically integrated into the motor vehicle;

(c) The reading, selecting, or entering of a telephone number or name in a

personal communication device for the purpose of making a phone call;

(d) An operator of an emergency or public safety vehicle, when the use of a

personal communication device is an essential function of the operator's

official duties; or

(e) The operator of a motor vehicle who writes a text message on a personal

communication device to:

1. Report illegal activity;

2. Summon medical help;

3. Summon a law enforcement or public safety agency; or

4. Prevent injury to a person or property.

(4) The secretary of the Transportation Cabinet may promulgate administrative

regulations pursuant to KRS Chapter 13A to implement the provisions of this

section, including but not limited to updates or advances in the automotive and

information technology industries.
KRS § 12.465 — KY Code / Title III / Chapter 12 / Section 12.465
12.465 Board and committee positions affected
Status: in_force

12.465 Board and committee positions affected.

(1) The requirements of KRS 12.450 to 12.465 shall affect all boards, committees,

commissions, task forces, or ad hoc committees created on or after June 21, 2001.

(2) For boards, committees, commissions, task forces, or ad hoc committees in

existence prior to June 21, 2001, any vacancy arising on or after June 21, 2001,

shall be filled pursuant to KRS 12.460.
KRS § 67A.290 — KY Code / Title IX / Chapter 67A / Section 67A.290
67A.290 Appeal to Circuit Court and Court of Appeals
Status: in_force

67A.290 Appeal to Circuit Court and Court of Appeals.

(1) Any employee of the urban-county government found guilty by the civil service

commission of any charge as provided by KRS 67A.280 or any action upheld under

subsection (7) of the said section, or any amendment thereto, may appeal to the

Circuit Court of the county in which the urban-county government is located within

thirty (30) days after such action becomes final, but the enforcement of the

judgment of the civil service commission shall not be suspended pending appeal.

(2) Upon request in writing by the accused and the payment of costs therefor, the

secretary of the civil service commission shall file a certified copy of the charges

and the judgment of that body in the Circuit Court. Upon the transcript being filed

the case shall be docketed in the Circuit Court and tried de novo.

(3) If the secretary fails to certify the transcript to the Circuit Court within five (5) days

after the request is made, then the aggrieved person may file an affidavit in that

court setting out as fully as possible the charges made at the time of trial and

judgment, together with a statement that demand for the transcript had been made of

the secretary more than five (5) days prior to the filing of the affidavit. Upon filing

of this affidavit in the Circuit Court, the case shall be docketed in that court and the

court may compel the filing of the transcript by the secretary by entering proper

mandatory order, and upon failure of the secretary so to do, he shall be liable to fine

and imprisonment for contempt. Such appeal shall have precedence over other

business and be determined speedily.

(4) An appeal will lie from the judgment of the Circuit Court to the Court of Appeals as

in other cases, if the original punishment fixed by the civil service commission was

dismissal of the accused. An appeal will also lie from the judgment of a Circuit

Court in any controversy arising under this section or any other section of the

statutes relating to civil service for urban-county governments.
KRS § 46.990 — KY Code / Title VI / Chapter 46 / Section 46.990
46.990 Penalties
Status: in_force

46.990 Penalties.

(1) Any county or district officer authorized by law to make collections of funds for the

state who fails or refuses to pay over to the state the funds so collected at the time

he is required by law to report the collections to any state department shall be

required to pay a penalty of ten percent (10%) on all funds not so paid.

(2) Any officer who fails or neglects to perform any duty required of him by KRS

46.030(1) shall be fined not less than fifty dollars ($50) nor more than one hundred

dollars ($100) for each offense.

(3) Any officer who fails to use any book, blank, or record required to be used under

KRS 46.020, or who willfully refuses to make any report required by the

Department for Local Government under the provisions of KRS 46.010 or 46.020,

shall be subject to indictment in the Franklin Circuit Court, and upon conviction

shall be fined not less than twenty-five dollars ($25) nor more than five hundred

dollars ($500) for each offense.
KRS § 506.070 — KY Code / Title L / Chapter 506 / Section 506.070
506.070 Incapacity of solicitee or co-conspirator
Status: in_force

506.070 Incapacity of solicitee or co-conspirator.

(1) It is no defense to a prosecution for criminal solicitation that the person solicited

could not be guilty of the crime solicited because of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conduct solicited or of the

defendant's criminal purpose; or

(c) Any other factor precluding the mental state required for the commission of

the crime solicited.

(2) It is no defense to a prosecution for criminal conspiracy that a co-conspirator could

not be guilty of the conspiracy or the crime contemplated by the conspiracy because

of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conspiracy or the conduct

contemplated by the conspiracy or of the defendant's criminal purpose; or

(c) Any other factor precluding the mental state required for the commission of

the conspiracy or the crime contemplated by the conspiracy.

(3) A defendant cannot be convicted of conspiracy if all of his co-conspirators have

been acquitted or discharged under circumstances amounting to an acquittal.