FrankGoortani/open-us-law huggingface dataset:
KRS § 138.205 — KY Code / Title XI / Chapter 138 / Section 138.205
138.205 Prohibited acts by licensees and manufacturers -- Acting without license
Status: in_force

138.205 Prohibited acts by licensees and manufacturers -- Acting without license.

(1) Any licensee under KRS 138.195 who violates any provision of KRS 138.130 to

138.205, or any administrative regulation promulgated under them, shall become

indebted to the Commonwealth in the sum of five hundred dollars ($500) for each

violation. The civil penalty may be collected by action in the Franklin Circuit Court.

(2) Any manufacturer who fails to keep written records, and submit reports to the

department, as required by the provisions of subsection (10) of KRS 138.195, shall

become indebted to the Commonwealth in the sum of one thousand dollars ($1,000)

for each violation. The penalty may be enforced by action of the Franklin Circuit

Court.

(3) Any manufacturer doing business within this state without having complied with

the provisions of KRS Chapter 271B as to designation of process agent shall, by so

doing of business, be deemed to have made the Secretary of State its agent for the

service of process in any civil action instituted in the Franklin Circuit Court for the

recovery of the penalty. In any action, the complaint shall set forth the post office

address of the home office of the manufacturer.

(4) Any nonresident person licensed under the provisions of KRS 138.195 shall, at the

time of application for license, designate some resident of this state as a process

agent for the purpose of service of civil process in any civil action originating in any

court of this Commonwealth, and service upon the person so designated shall be

sufficient to bring the nonresident person before any court of this Commonwealth

for all purposes.

(5) Any person acting in the capacity of a licensee under the provisions of KRS

138.130 to 138.205 without having secured a license as provided in KRS 138.195

shall be subject to the uniform civil penalties imposed pursuant to KRS 131.180 and

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

the date of payment.
KRS § 216.190 — KY Code / Title XVIII / Chapter 216 / Section 216.190
216.190 Refunding bonds
Status: in_force

216.190 Refunding bonds.

The city may issue refunding bonds for the purpose of providing funds for the payment of

any outstanding bonds, in accordance with the procedure prescribed for the issuance of

the original bonds. The refunding bonds shall be secured to the same extent and shall

have the same source of payment as the bonds that are refunded.
KRS § 177.977 — KY Code / Title XV / Chapter 177 / Section 177.977
177.977 Directory of coal road system
Status: in_force

177.977 Directory of coal road system.

(1) The Transportation Cabinet shall publish a directory, including supporting maps

and other documents, designating the official coal road system in coal impact and

coal producing counties which shall include all public highways, roads, bridges, and

streets over which quantities of coal sufficient to significantly affect the condition

and state of repair of such highways, roads, bridges, and streets have been

transported in the immediately preceding year. The cabinet shall further publish the

total county mileage of the official coal road system and the total ton-miles within

each coal impact and coal producing county for said preceding year.

(2) Every person, producer or processor shipping or transporting coal over the public

highways, roads, bridges, and streets, shall file with the Transportation Cabinet

information at intervals as the cabinet shall designate by administrative regulation

promulgated pursuant to KRS Chapter 13A, for the purpose of identifying those

highways, roads, and streets comprising the coal road system and the quantities of

coal transported thereon, in order that the cabinet can accurately calculate total ton-

miles within each coal impact and coal producing county. A copy of the information

furnished to the Energy and Environment Cabinet pursuant to the provisions of

KRS 350.0285 and a copy of the information furnished to the Department for

Natural Resources pursuant to the provisions of KRS 351.070 and 352.420 shall be

submitted to the Transportation Cabinet to satisfy the reporting requirements of this

subsection and the transportation plan shall be annually updated to reflect in route

changes.
KRS § 278.54611 — KY Code / Title XXIV / Chapter 278 / Section 278.54611
278.54611 Commission's jurisdiction over commercial mobile radio service, interconnection agreements, telecommunications carriers, and cellular towers
Status: in_force

278.54611 Commission's jurisdiction over commercial mobile radio service,

interconnection agreements, telecommunications carriers, and cellular towers.

(1) The provision of commercial mobile radio services shall be market-based and not

subject to Public Service Commission regulation. Notwithstanding any other

provision of law to the contrary, except as provided in subsections (2) to (5) of this

section, the commission shall not impose any requirement upon a commercial

mobile radio services provider with respect to the following:

(a) The availability of facilities or equipment used to provide commercial mobile

radio services; or

(b) The rates, terms, and conditions for, or entry into, the provision of commercial

mobile radio service.

(2) The provisions of this section do not limit or modify the commission's authority to

arbitrate and enforce interconnection agreements.

(3) The commission may assist in the resolution of consumer complaints.

(4) The commission may exercise its authority to ensure that companies that are

designated and operate as eligible telecommunications carriers under 47 U.S.C. sec.

214(e), including commercial mobile radio service providers that receive eligible

telecommunications carrier status, comply with the Federal Communication

Commission's rules in 47 C.F.R. pt. 54, which govern eligible telecommunications

carriers, to the extent consistent with federal and state law.

(5) The commission shall retain jurisdiction over cellular towers pursuant to KRS

278.665.
KRS § 329.990 — KY Code / Title XXVI / Chapter 329 / Section 329.990
329.990 Penalties
Status: in_force

329.990 Penalties.

Any person who violates any of the provisions of this chapter shall, for each violation, be

fined not less than twenty dollars ($20) nor more than five hundred dollars ($500).
KRS § 98.390 — KY Code / Title IX / Chapter 98 / Section 98.390
98.390 Suspension of applicable provisions of KRS Chapter 201
Status: in_force

98.390 Suspension of applicable provisions of KRS Chapter 201.

The provisions of Kentucky Revised Statutes, Chapter 201, relating to the establishment

of a board for city and county children's home, shall be suspended upon the transfer of

control of the functions and property of said board as provided in KRS 98.330, during the

term of such agreement.
KRS § 67.040 — KY Code / Title IX / Chapter 67 / Section 67.040
67.040 Fiscal court -- Members -- Presiding officer -- Deadlock
Status: in_force

67.040 Fiscal court -- Members -- Presiding officer -- Deadlock.

(1) The fiscal court of each county shall consist of the county judge/executive and the

justices of the peace of the county; or of the county judge/executive and three (3)

county commissioners elected under KRS 67.050 and 67.060.

(2) The county judge/executive shall preside, if present. A majority of the justices of

the peace or commissioners shall elect one (1) of their number to preside during the

absence or inability of the county judge/executive to preside. If any person fails to

comply with a lawful order of the fiscal court, the Circuit Court, on application by

the county judge/executive, may compel obedience by proceedings for contempt.

(3) When there is a tie vote in the fiscal court in the selection of any officer or

employee to be selected by the fiscal court, and a deadlock results and continues for

fifteen (15) days or longer, the county judge/executive shall cause to be entered

upon the minutes of the fiscal court an order reciting the facts as to the deadlock,

and the question upon which it has occurred and exists, and thereupon, the county

judge/executive shall make such appointment.
KRS § 207.230 — KY Code / Title XVII / Chapter 207 / Section 207.230
207.230 Citizen suits
Status: in_force

207.230 Citizen suits.

Notwithstanding the provisions of KRS 207.200 and 207.210, citizen suits may be

commenced under the following terms and conditions:

(1) Any person deeming himself injured by any act in violation of the provisions of

this chapter shall have a civil cause of action in Circuit Court to enjoin further

violations, and to recover the actual damages sustained by him, and upon

judicial finding of any violation of KRS 207.150 to 207.190, shall recover the

costs of the law suit, including a reasonable fee for his attorney of record, all of

which shall be in addition to any other remedies contained in KRS 207.130 to

207.240.

(2) Notice. No action may be commenced:

(a) Prior to thirty (30) days after the plaintiff has given notice of the violation

to the commissioner of workplace standards.

(b) If the commissioner of workplace standards has commenced and is

diligently prosecuting a civil action to require compliance with KRS

207.130 to 207.240; however, the aforementioned conditions do not

prohibit citizen-initiated civil enforcement action contemporaneously with

criminal enforcement efforts by the state.

(c) In any civil action under this section, the commissioner of workplace

standards, under the direction of the secretary of the Education and Labor

Cabinet, if not a party, may intervene only with consent of the person

bringing the action. If the administrator is allowed to intervene, he may not

alter the cause of action, delay the proceedings, or make any decisions,

settlement agreements, or agree to any consent orders or enforcement

proceeding without the informed consent of the person initiating the

citizens enforcement action.
KRS § 77.285 — KY Code / Title IX / Chapter 77 / Section 77.285
77.285 Hearing board, chairman -- Rehearing
Status: in_force

77.285 Hearing board, chairman -- Rehearing.

(1) The hearing board shall select from its number a chairman.

(2) The hearing board may hold a hearing en banc or may designate two (2) or one (1)

of their number to hold a hearing.

(3) If two (2) or three (3) members of the hearing board conduct a hearing the

concurrence of two (2) shall be necessary to a decision.

(4) The hearing board, not less than two (2) being present, may, in its discretion, within

thirty (30) days rehear any matter which was decided by a single member.
KRS § 18A.2256 — KY Code / Title III / Chapter 18A / Section 18A.2256
18A.2256 TRICARE supplement insurance for public employees
Status: in_force

18A.2256 TRICARE supplement insurance for public employees.

(1) The provisions of this section shall take effect to the extent that they are not

preempted by 10 U.S.C. sec. 1097c, other federal law, or federal regulation.

(2) As used in this section:

(a) "TRICARE" means the Department of Defense health care program for active

duty and retired uniformed service members and their families; and

(b) "Employee" has the same meaning as in KRS 18A.225.

(3) Beginning with plan year 2009, the Personnel Cabinet, Department of Employee

Insurance, shall select and contract with one (1) or more providers to offer a group

TRICARE supplement product to eligible employees who are eligible TRICARE

beneficiaries.

(4) The Commonwealth of Kentucky shall pay the cost of individual TRICARE

supplement insurance to cover the employee, not to exceed the cost of the lowest-

priced individual plan offered to public employees. The employee shall pay the cost

of coverage for his or her spouse and dependent children.

(5) Those employees eligible for TRICARE insurance who elect the Commonwealth of

Kentucky-sponsored TRICARE supplement insurance shall not be eligible for other

coverage offered through the Public Employee Health Insurance Program. Those

employees eligible for TRICARE insurance who choose not to elect the

Commonwealth of Kentucky-sponsored TRICARE supplement insurance shall

continue to be eligible for the coverage offered through the Public Employee Health

Insurance Program.

(6) The secretary of the Personnel Cabinet may promulgate administrative regulations

to carry out the provisions of this section.
KRS § 381.9133 — KY Code / Title XXXII / Chapter 381 / Section 381.9133
381.9133 Contents of declaration
Status: reserved

381.9133 Contents of declaration.

(1) The declaration for a condominium shall contain:

(a) The name of the condominium which shall include the word "condominium"

or be followed by the words "a condominium," and the association;

(b) The name of every county in which any part of the condominium is situated;

(c) A legally sufficient description of the real estate included in the

condominium;

(d) A statement of the maximum number of units which the declarant reserves the

right to create;

(e) A description of the boundaries of each unit created by the declaration,

including the unit's identifying number;

(f) A description of any limited common elements as provided in KRS

381.9141(2)(h), except for those limited common elements specified in KRS

381.9127(2), (4), and (6);

(g) A description of any real estate, except real estate subject to development

rights, which may be allocated subsequently as limited common elements,

other than limited common elements specified in KRS 381.9127(2), (4), and

(6), together with a statement that they may be so allocated;

(h) A description of any development rights and other special declarant rights

reserved by the declarant, together with a legally sufficient description of the

real estate to which each of those rights applies, and a time limit within which

each of those rights must be exercised;

(i) If any development right may be exercised with respect to different parcels of

real estate at different times, a statement to that effect together with:

1. a. A statement fixing the boundaries of those portions and identifying

the proposed order in which those portions may be subjected to the

exercise of each development right; or

b. A statement that no assurances are made concerning the

boundaries or order in which the exercise of development rights

may occur; and

2. A statement as to whether, if any development right is exercised in any

portion of the real estate subject to that development right, that

development right must be exercised in all or in any other portion of the

remainder of that real estate;

(j) Any other conditions or limitations under which the rights described in

paragraph (i) of this subsection may be exercised or will lapse;

(k) An allocation to each unit of the allocated interests in the manner described in

KRS 381.9137;

(l) Any restrictions on use, occupancy, and alienation of the units;

(m) The recording data for recorded easements and licenses appurtenant to or

included in the condominium or to which any portion of the condominium is

or may become subject by virtue of a reservation in the declaration; and

(n) All matters required by KRS 381.9135, 381.9137, 381.9139, 381.9141,

381.9153, and 381.9169(4).

(2) The declaration may contain any other matters the declarant deems appropriate.
KRS § 199.8983 — KY Code / Title XVII / Chapter 199 / Section 199.8983
199.8983 Kentucky Child Care Advisory Council
Status: in_force

199.8983 Kentucky Child Care Advisory Council.

(1) There is hereby created the Kentucky Child Care Advisory Council to be composed

of eighteen (18) members. The members appointed by the Governor shall serve a

term of three (3) years. The appointed members of the council shall be

geographically and culturally representative of the population of the

Commonwealth. For administrative purposes, the council shall be attached to the

department. The members shall be as follows:

(a) The commissioner of the department, or designee;

(b) Four (4) members appointed by the Governor representing child-care center

providers licensed pursuant to this chapter;

(c) Two (2) members appointed by the Governor representing family child-care

home providers licensed pursuant to this chapter;

(d) Three (3) members appointed by the Governor who are parents, de facto

custodians, guardians, or legal custodians of children receiving services from

child-care centers or family child-care homes licensed pursuant to this

chapter;

(e) Three (3) members appointed by the Governor from the private sector who are

knowledgeable about education, health, and development of children;

(f) The director of the Division of Child Care within the department, or designee,

as a nonvoting ex officio member;

(g) The commissioner of education, Education and Labor Cabinet, or designee, as

a nonvoting ex officio member;

(h) The executive director of the Governor's Office of Early Childhood, or

designee, as a nonvoting ex officio member;

(i) The commissioner of the Department for Public Health within the cabinet, or

designee, as a nonvoting ex officio member; and

(j) The state fire marshal, Public Protection Cabinet, or designee, as a nonvoting

ex officio member;

(2) The council shall have two (2) co-chairpersons. One (1) co-chairperson shall be the

commissioner of the department, or designee, and one (1) co-chairperson shall be

elected by the voting members of the council.

(3) Members shall serve until a successor has been appointed. If a vacancy on the

council occurs, the Governor shall appoint a replacement for the remainder of the

unexpired term.

(4) Members shall serve without compensation but shall be reimbursed for reasonable

and necessary expenses in accordance with state travel expenses and reimbursement

administrative regulations.

(5) The council shall meet at least quarterly and at other times upon call of the co-

chairpersons.

(6) The council shall advise the cabinet on matters affecting the operations, funding,

and licensing of child-care centers and family child-care homes. The council shall

provide input and recommendations for ways to improve quality, access, and

outcomes.

(7) The council shall make an annual report by December 1 that provides summaries

and recommendations to address the availability, affordability, accessibility, and

quality of child care in the Commonwealth. A copy of the annual report shall be

provided to the secretary, the Governor, and the Legislative Research Commission.
KRS § 56.060 — KY Code / Title VII / Chapter 56 / Section 56.060
56.060 Recording of deeds or judgments affecting state lands -- Duty of clerk
Status: in_force

56.060 Recording of deeds or judgments affecting state lands -- Duty of clerk.

(1) All deeds and judgments conveying to or from or vesting in or divesting the state of

any land or interest in land shall be recorded in the office of the county clerk of the

county where the land or the greater part of it lies.

(2) In cases conveying to or vesting in the state any land or interest therein, other than

highway right-of-way acquisitions, the deed or copy of the judgment shall be

immediately transmitted to the Secretary of State by the clerk. The county clerk

shall endorse on the document the book, page number and county where he has

recorded it, as follows: "Recorded in .... Book ...., Page ...., .... County Clerk's

Office."

(3) In cases of deeds or judgments conveying from or divesting the state of land or an

interest therein, the clerk shall immediately transmit a copy of the document to the

Secretary of State. This document shall be endorsed as follows: "Recorded in ....

Book ...., Page ...., .... County Clerk's Office."
KRS § 237.126 — KY Code / Title XIX / Chapter 237 / Section 237.126
237.126 Misrepresentation of having conducted training courses
Status: in_force

237.126 Misrepresentation of having conducted training courses.

(1) A firearms instructor trainer or certified firearms instructor is guilty of not

providing firearms training if he or she represents to the department that he or she

has conducted training for a student firearms instructor or for an applicant in an

applicant training course and has not, in fact, provided any such training.

(2) Not providing firearms training is a Class D felony.
KRS § 164.540 — KY Code / Title XIII / Chapter 164 / Section 164.540
164.540 Council on Postsecondary Education designated agency of state for purposes of regional compact -- Commonwealth not to maintain educational institutions that are discriminatory -- Authorized actions on behalf of the Commonwealth
Status: in_force

164.540 Council on Postsecondary Education designated agency of state for

purposes of regional compact -- Commonwealth not to maintain educational

institutions that are discriminatory -- Authorized actions on behalf of the

Commonwealth.

(1) The Council on Postsecondary Education in Kentucky as defined in KRS 164.011 is

hereby designated as the agency of the Commonwealth of Kentucky charged with

the responsibility and vested with all necessary authority, subject to the conditions

and restrictions set out in subsection (2) of this section, to carry out the obligations,

participate in the planning and negotiations, and administer the rights, benefits, and

privileges, devolving upon the Commonwealth of Kentucky and its citizens

pursuant to the regional compact referred to in KRS 164.530, and to do all such

other acts and things as may be necessary or desirable to implement the provisions

of said regional compact efficiently and impartially for the benefit of all citizens of

the Commonwealth.

(2) In its participation in the regional compact, or in any other regional plan having a

similar purpose, the Commonwealth of Kentucky shall not erect, acquire, develop,

or maintain in any manner any educational institution within its borders to which

any student would be refused entrance on the basis of race, national origin, gender,

creed, or religion.

(3) Notwithstanding any other law governing the offering of postsecondary education in

the state, the council shall be authorized to take the following actions on behalf of

the Commonwealth:

(a) Enter into the State Authorization Reciprocity Agreement, which establishes

uniform national standards for interstate offerings of postsecondary distance

education and authorizes postsecondary educational institutions meeting those

standards located in member states or territories to provide distance education

to residents of the Commonwealth;

(b) Serve as the lead or "portal" agency on behalf of the Commonwealth's public

and private postsecondary institutions seeking to offer distance education in

member states by:

1. Managing functional and administrative state responsibilities under the

State Authorization Reciprocity Agreement; and

2. Serving as the official contact for other states and students from other

states on matters pertaining to the agreement; and

(c) Promulgate administrative regulations in accordance with KRS Chapter 13A

to establish procedures for participation by Kentucky postsecondary

institutions in the State Authorization Reciprocity Agreement.
KRS § 363.800 — KY Code / Title XXIX / Chapter 363 / Section 363.800
363.800 Sale of berries, small fruits
Status: in_force

363.800 Sale of berries, small fruits.

Berries and small fruits shall be offered and exposed for sale and sold by weight, or by

measure in open containers having capacities of one-half (1/2) dry pint, one (1) dry pint,

or one (1) dry quart; provided, that the marking provisions of KRS 363.720 shall not

apply to such containers.