FrankGoortani/open-us-law huggingface dataset:
KRS § 76.366 — KY Code / Title IX / Chapter 76 / Section 76.366
76.366 Financing by revenue bonds
Status: in_force

76.366 Financing by revenue bonds.

(1) Any sewer construction district created in the manner provided in KRS 76.300 to

76.325, both inclusive, may if the commissioners of such sewer construction district

deem it feasible, build, or acquire or enlarge sewer or drainage facilities, including

treatment plants, without resort to the right to levy assessments for the cost of such

sewer or drainage facilities, including treatment plants, as is provided in KRS

76.340 to 76.365, both inclusive, and may obtain the funds with which to build,

acquire or enlarge such system by the issuance of revenue bonds, payable solely

from the revenue to be derived from the operation of such system.

(2) In the event the commissioners shall decide to finance the cost of such construction,

acquisition or enlargement by the issuance of revenue bonds, secured solely by the

revenue of the system, the commission shall note such decision by appropriate

resolution, and shall thereafter proceed under the provisions of KRS 96.350 to

96.510, both inclusive, and the sewer construction district and the commission shall

have the same powers and duties as a city with a population less than one hundred

thousand (100,000) based upon the most recent federal decennial census inclusive

under the provisions of KRS 96.350 to 96.510, both inclusive, the language

referring to waterworks and water systems in KRS 96.350 to 96.510 to be read as

sewers and drains including treatment plants.

(3) In the event such procedure is followed the commission shall not observe the

provisions of KRS 76.340 to 76.365 both inclusive.
KRS § 61.377 — KY Code / Title VIII / Chapter 61 / Section 61.377
61.377 Leaves of absence to permit induction in military service
Status: in_force

61.377 Leaves of absence to permit induction in military service.

Any employee who holds a position in the public service shall be granted a leave of

absence for the purpose of being inducted or otherwise entering military duty. If not

accepted for such duty, the employee shall be reinstated in his position without loss of

seniority or status, or reduction in his rate of pay. During the period the employee shall

for all purposes be considered to have rendered service and to have been compensated

therefor at his regular rate of pay.
KRS § 133.047 — KY Code / Title XI / Chapter 133 / Section 133.047
133.047 Property tax roll as open public record in office of property valuation administrator for five years -- Confidentiality of tax returns -- Reasonable fee schedule for information used for commercial or business purposes -- Access to information
Status: in_force

133.047 Property tax roll as open public record in office of property valuation

administrator for five years -- Confidentiality of tax returns -- Reasonable fee

schedule for information used for commercial or business purposes -- Access to

information.

(1) Notwithstanding the provisions of KRS 61.870 to 61.884, when the Department of

Revenue has completed action on the assessment of property in any county and has

certified the assessment to the county clerk of that county, as provided for in KRS

133.180, the property tax roll, or a copy of the property tax roll, shall be retained in

the office of the property valuation administrator for maintenance as an open public

record for five (5) years. The property tax roll shall be available for public

inspection during the regular working hours of the office of the property valuation

administrator as provided for in KRS 132.410(3).

(2) Any person inspecting a property tax roll shall do so in a manner not unduly

interfering with the proper operation of the custodian's office.

(3) Personal property tax returns, accompanying documents, and assessment records,

with the exception of the certified personal property tax roll, shall be considered

confidential under the provisions of KRS 131.190.

(4) (a) Real property tax returns and accompanying documents submitted by a

taxpayer shall be considered confidential under the provisions of KRS

131.190. Other real property records in the office of the property valuation

administrator shall be subject to the provisions of KRS 61.870 to KRS 61.884.

(b) However, in addition to the provisions of KRS 61.874, the Department of

Revenue shall develop and provide to each property valuation administrator a

reasonable fee schedule to be used in compensating for the cost of personnel

time expended in providing information and assistance to persons seeking

information to be used for commercial or business purposes. As used in this

paragraph:

1. "Reasonable fee" has the same meaning as the fee described in KRS

61.874(4)(c); and

2. "Personnel time" means the cost to the agency to create any mechanical

processing, data collection, or data creation; the staff required to

process, produce, collect, or create data or information; or the cost to the

agency for the creation, purchase, or other acquisition of information.

(c) Any person seeking information on his own property, or any other person,

including the press, seeking information directly related to property tax

assessment, appeals, equalization, requests for refunds, or similar matters shall

not be subject to fees for personnel time.

(5) The Department of Revenue shall provide advice, guidelines, and assistance to each

property valuation administrator in implementing the provisions of KRS 61.870 to

61.884.
KRS § 235.410 — KY Code / Title XIX / Chapter 235 / Section 235.410
235.410 Definitions for KRS 235.410 to 235.470
Status: in_force

235.410 Definitions for KRS 235.410 to 235.470.

As used in KRS 235.410 to 235.470, unless the context clearly indicates otherwise, the

following words shall have the following meanings:

(1) "Houseboat" means any recreational or pleasure-type vessel, including, but not

limited to, cruisers, yachts, or runabouts equipped with a marine sanitation device,

and which can be used as an overnight residence;

(2) "Vessel" means every description of watercraft, other than a seaplane on the water,

used or capable of being used as a means of transportation on water;

(3) "Person" or "persons" means any individual, public or private corporation, political

subdivision, government agency, municipality, industry, copartnership, association,

firm, trust, estate, or other entity whatsoever;

(4) "Sewage" means the water-carried human or animal wastes from residences,

buildings, industrial establishments, vessels, or other places, together with such

industrial wastes, underground, surface, storm or other water, as may be present;

(5) "Industrial wastes" means liquid, or other wastes resulting from any process of

industry, manufacture, trade or business, or from the development of any natural

resource;

(6) "Other wastes" means sawdust, bark or other wood debris, garbage, refuse, ashes,

offal, tar, oil, chemicals, acid drainage and all other foreign substances not included

within the above definitions of industrial wastes and sewage which may cause or

contribute to the pollution of any waters of the Commonwealth.
KRS § 35.030 — KY Code / Title V / Chapter 35 / Section 35.030
35.030 Territorial applicability of the code
Status: in_force

35.030 Territorial applicability of the code.

(1) This code has applicability at all times and in all places subject to the personal

jurisdiction as provided in KRS 35.015, or, if not in a duty status, that there is a

nexus between the act or omission constituting the offense and the efficient

functioning of the state military forces; however, this grant of military jurisdiction

shall neither preclude nor limit civilian jurisdiction over an offense, which is limited

only by the prohibition of double jeopardy.

(2) Courts-martial and courts of inquiry may be convened and held in units of the state

military forces while those units are serving outside the same jurisdiction and

powers as to persons subject to this code as if the proceeding were held inside the

state, and offenses committed outside the state may be tried and punished either

inside or outside the state.
KRS § 177.9772 — KY Code / Title XV / Chapter 177 / Section 177.9772
177.9772 Impoundment of vehicle for violation
Status: in_force

177.9772 Impoundment of vehicle for violation.

Any motor vehicle transporting coal in violation of the weight limits provided for by KRS

189.221 and 189.222 for which the extended weight users' tax has not been paid as

evidenced by an affixed extended weight users' decal or which is not being operated in

accordance with the provisions of a cooperative agreement shall be deemed in violation

of KRS 177.9771. The secretary of the Transportation Cabinet may impound said vehicle

until such time as the extended weight users' tax and all costs incurred in the

impoundment and storage of the vehicle have been paid.
KRS § 367.627 — KY Code / Title XXIX / Chapter 367 / Section 367.627
367.627 Actions for injunctive relief and recovery of actual economic damages -- Civil penalty
Status: in_force

367.627 Actions for injunctive relief and recovery of actual economic damages --

Civil penalty.

(1) (a) Any person may maintain an action to enjoin the continuing of any act in

violation of KRS 367.620 to 367.628 and, if injured by the act, may also

maintain an action for the recovery of damages.

(b) If the court finds based on evidence presented by the plaintiff that the

defendant is violating or has violated any of the provisions of KRS 367.620 to

367.628, the court shall enjoin the defendant from continuing the violations.

(c) It shall not be necessary that actual economic damages be alleged or proved

by the plaintiff in order for the court to enjoin violations.

(d) In addition to injunctive relief and any other relief the plaintiff may be entitled

to under this section:

1. The plaintiff in the action shall be entitled to recover from the defendant

two (2) times the amount of any actual economic damages sustained;

and

2. The court may award the plaintiff reasonable attorneys' fees and costs.

(2) In addition to the remedies provided under subsection (1) of this section:

(a) All of the remedies, powers, and duties provided to the Attorney General

under KRS 367.110 to 367.300, and the penalties provided in KRS 367.990,

shall apply with equal force and effect to any act declared unlawful by KRS

367.620 to 367.628; and

(b) The Attorney General may recover a civil penalty of five thousand dollars

($5,000) per violation against any person who violates any provision of KRS

367.620 to 367.628.

(3) Nothing in this section shall prohibit the Attorney General or any other person from

pursuing the recovery of damages afforded elsewhere under the law.
KRS § 275.505 — KY Code / Title XXIII / Chapter 275 / Section 275.505
275.505 Approval of plan of share exchange
Status: in_force

275.505 Approval of plan of share exchange.

(1) Unless otherwise provided in a written operating agreement, the plan of share

exchange described in KRS 275.500 shall be considered for adoption by the

members of the limited liability company.

(2) Each business entity that is a party to the share exchange shall approve the plan of

share exchange in the manner and by the vote required by the laws applicable to the

business entity.
KRS § 61.220 — KY Code / Title VIII / Chapter 61 / Section 61.220
61.220 Fiscal court members and mayors or council members of a consolidated local government not to be interested in public improvements or claims against county -- Penalty
Status: in_force

61.220 Fiscal court members and mayors or council members of a consolidated

local government not to be interested in public improvements or claims against

county -- Penalty.

(1) Any member of the fiscal court, or any mayor or council member of a consolidated

local government, who becomes interested, directly or indirectly, in any contract for

work to be done or material to be furnished for the county or any district thereof, or

who becomes interested in any claim against the county shall be fined not less than

five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each

offense.

(2) If any county judge/executive, justice of the peace, or mayor or council member of a

consolidated local government is, by the same act, guilty of a violation of this

section and KRS 61.210, he shall be punished as provided in KRS 61.210.
KRS § 35.060 — KY Code / Title V / Chapter 35 / Section 35.060
35.060 Punishment prohibited before trial
Status: in_force

35.060 Punishment prohibited before trial.

No person, while being held for trial or awaiting a verdict, shall be subjected to

punishment or penalty other than arrest or confinement upon the charges pending against

the person, nor shall the arrest or confinement imposed upon the person be any more

rigorous than the circumstances require to insure the person's presence, but the person

may be subjected to minor punishment during that period for infractions of discipline.
KRS § 210.180 — KY Code / Title XVIII / Chapter 210 / Section 210.180
210.180 Canteens in institutions
Status: in_force

210.180 Canteens in institutions.

There shall be established and maintained, at each of the institutions operated by the

Cabinet for Health and Family Services, a canteen which shall be incorporated and self-

supporting. The directors of each canteen shall be appointed by the secretary. All profits

from each canteen shall be used exclusively for the benefit of the patients of the

institution.
KRS § 299.017 — KY Code / Title XXV / Chapter 299 / Section 299.017
299.017 Effect of failure to operate for one year -- Termination of new licensing beginning July 15, 1998
Status: in_force

299.017 Effect of failure to operate for one year -- Termination of new licensing

beginning July 15, 1998.

(1) When any company licensed under this chapter transfers or suspends its business or

fails to actively and in good faith operate its corporate franchises, powers, and

privileges in the due course of business and in the fulfillment of the design and

purpose of its creation for the period of one (1) year, it shall be deemed to have

abandoned the purpose of its creation, and it shall not thereafter, directly or

indirectly, resume its business or operate in any manner any of its corporate

franchises, powers, or privileges, and they shall for all purposes thereby become and

remain forever inoperative and void.

(2) On July 15, 1998, no company not previously licensed shall be licensed to engage in

the business of assessment or cooperative insurance as set forth in KRS 299.310 to

299.470 and 299.990.
KRS § 35.325 — KY Code / Title V / Chapter 35 / Section 35.325
35.325 Error of law -- Lesser included offense
Status: in_force

35.325 Error of law -- Lesser included offense.

(1) A finding or sentence of a court-martial may not be held incorrect on the ground of

an error of law unless the error materially prejudices the substantial rights of the

accused.

(2) A reviewing authority with the power to approve or affirm a finding of guilty may

approve or affirm, instead, so much of the finding as includes a lesser included

offense.
KRS § 100.986 — KY Code / Title IX / Chapter 100 / Section 100.986
100.986 Prohibited actions of planning commission in regulating placement of cellular antenna towers
Status: in_force

100.986 Prohibited actions of planning commission in regulating placement of

cellular antenna towers.

In regulating the placement of cellular antenna towers, a planning commission shall not:

(1) Regulate the placement of a cellular antenna tower on the basis of the

environmental effects of radio frequency emissions to the extent that these facilities

comply with the regulations of the Federal Communications Commission

concerning radio frequency emissions;

(2) Institute a moratorium upon the siting of cellular antenna towers;

(3) Charge an application fee that exceeds an amount that is reasonably related to

expenses associated with processing an application to construct a cellular antenna

tower, and to issue any necessary permits including any required building permit, up

to a maximum of two thousand five hundred dollars ($2500). Application fee

amounts shall not be raised after June 15, 2002;

(4) Regulate the placement of antennas or related equipment on an existing structure; or

(5) Require the submission of application materials in addition to those required by

KRS 100.9865 and 100.987, unless agreed by both parties.
KRS § 56.090 — KY Code / Title VII / Chapter 56 / Section 56.090
56.090 Rate of premium, how fixed and certified
Status: in_force

56.090 Rate of premium, how fixed and certified.

Before July 1 of each year the cabinet shall fix, upon each public building and upon each

class of personal property belonging to or controlled or used by the state or any agency of

the state, the rate of premium that the cabinet deems to be the average rate charged by

responsible insurance companies doing business in this state for insurance against damage

by fire and other hazards upon property of like kind and degree of risk. The premium and

insurance shall be calculated upon ninety percent (90%) of the valuation. Before July 1 of

each year the cabinet shall certify to the State Treasurer the premium to be charged

against each agency of the state.
KRS § 65.055 — KY Code / Title IX / Chapter 65 / Section 65.055
65.055 Duty of county judge/executives and mayors to distribute information to local officials and board members -- Electronic distribution permitted
Status: in_force

65.055 Duty of county judge/executives and mayors to distribute information to

local officials and board members -- Electronic distribution permitted.

(1) (a) County judge/executives and mayors, or their respective designees, shall

distribute the written information provided by the Office of the Attorney

General and the Department for Libraries and Archives under KRS 15.257

and 171.223 to each elected official and each member, whether elected or

appointed, of every county and city legislative body, local government board,

commission, authority, and committee, including boards of special districts,

located within their respective jurisdictions. In the case of a board,

commission, or authority created by joint action of a county or city, the county

judge/executive and mayor, or their respective designees, shall distribute the

written information to the members appointed by their respective jurisdictions.

Distribution shall be accomplished within sixty (60) days of receiving the

written information from the Office of the Attorney General and the

Department for Libraries and Archives. The distribution may be by electronic

means.

(b) The distribution of materials to members who have been elected or appointed

after the most recent distribution of materials as required in paragraph (a) of

this subsection has occurred shall be accomplished within sixty (60) days of

the day their term of office begins. The distribution may be by electronic

means.

(2) County judge/executives and mayors shall require signatory proof that each person

identified in subsection (1) of this section has received the written information, shall

maintain documentation of receipt on file, and shall certify to the Office of the

Attorney General that the written information has been distributed as required.
KRS § 3.028 — KY Code / Title I / Chapter 3 / Section 3.028
3.028 Jurisdiction over federal correctional facilities in McCreary and Martin Counties ceded
Status: in_force

3.028 Jurisdiction over federal correctional facilities in McCreary and Martin

Counties ceded.

(1) Kentucky cedes to the United States concurrent civil and criminal jurisdiction over

all of the lands acquired by the United States in McCreary County and Martin

County acquired for a United States penitentiary and ancillary correctional facilities,

including lands now owned and adjacent lands that may be acquired by the United

States in the future as part of said correctional facilities.

(2) The cession granted hereby shall remain in effect as to all of said land, or any

portion thereof that continues to be owned by the United States and used as a

United States penitentiary and ancillary correctional facilities.
KRS § 311.695 — KY Code / Title XXVI / Chapter 311 / Section 311.695
311.695 Who may be licensed as genetic counselor -- Temporary license
Status: in_force

311.695 Who may be licensed as genetic counselor -- Temporary license.

(1) The board may issue a license as a genetic counselor to an applicant who:

(a) Submits an application to the board on a form prescribed by the board;

(b) Pays a fee determined by the board in an administrative regulation

promulgated in accordance with KRS Chapter 13A; and

(c) Provides satisfactory evidence of possessing certification as a:

1. Genetic counselor by the ABGC or ABMG; or

2. Medical geneticist by the ABMG.

(2) (a) The board may issue a temporary license to an applicant who:

1. Has been granted an active candidate status by the ABGC; and

2. Pays a fee determined by the board in an administrative regulation

promulgated in accordance with KRS Chapter 13A.

(b) A person issued a temporary license under this subsection:

1. Shall apply for and take the examination for certification within

twelve (12) months of the issuance of the temporary license; and

2. May only practice if he or she has entered into a genetic supervision

contract and is directly supervised by a licensed genetic counselor

or a licensed physician.

(c) A temporary license granted by the board shall be valid for one (1) year

from the date issued and shall expire upon the earliest of the following:

1. Issuance of a license pursuant to subsection (1) of this section;

2. Thirty (30) days after the holder fails to pass the complete

certification examination; or

3. The expiration date printed on the license.

(3) (a) Whenever, in the opinion of the executive director of the board, based

upon verified information contained in the application, an applicant for a

license to practice as a genetic counselor is eligible for licensure under

this section, the executive director may issue to the applicant, on behalf of

the board, a temporary license which shall entitle the holder to practice as

a genetic counselor for a maximum of one (1) year from the date of

issuance. The temporary license shall not be renewable.

(b) The temporary license may be canceled by the executive director, who

may cancel it at any time, without a hearing, for reasons deemed

sufficient with appropriate consultation with the president, and who shall

cancel it immediately upon direction by the board or upon the board's

denial of the holder's application for a regular license.

(4) The executive director shall present to the board the application for licensure

made by the holder of the temporary license. If the board issues a regular

license to the holder of a temporary license, the fee paid in connection with the

temporary license shall be applied to the regular license fee.

(5) If the executive director cancels a temporary license, he or she shall promptly

notify, by United States certified mail, the holder of the temporary license at the

last known address on file with the board. The temporary license shall be

terminated and have no further force or effect three (3) days after the date the

notice was sent by certified mail.