FrankGoortani/open-us-law huggingface dataset:
KRS § 150.305 — KY Code / Title XII / Chapter 150 / Section 150.305
150.305 Possession of wildlife or raw fur out of season -- Inspection of commercial frozen food lockers
Status: in_force

150.305 Possession of wildlife or raw fur out of season -- Inspection of commercial

frozen food lockers.

(1) Subject to regulations adopted under this chapter and except as otherwise provided

in this section, no person shall have in his possession any wildlife protected by this

chapter, or any raw fur, except during the open season for the particular species,

unless such person be the holder of a valid permit issued pursuant to the provisions

of KRS 150.275 or 150.280.

(2) Any person who has legally taken any wildlife may possess same in cold storage. If

possessed in a commercial locker plant, the name of the taker, his license number,

the date of taking, and the number and species of wildlife must be marked on the

package in which the same is stored. Legally imported wildlife from other states or

countries may be similarly held.

(3) Federal regulations shall govern the possession of migratory wild birds.

(4) To facilitate the enforcement of subsection (2) of this section, the commissioner, or

such agents and employees of the department as may be designated by him, shall

have authority to inspect all commercial frozen food lockers within the State of

Kentucky at such periods and intervals as the commissioner shall, in the exercise of

a reasonable discretion, fix and determine. No search warrant or other legal process

shall be required of any properly authorized person as a condition precedent to the

making of the inspections herein authorized.
KRS § 80.140 — KY Code / Title IX / Chapter 80 / Section 80.140
80.140 Authority may acquire land and housing stock
Status: in_force

80.140 Authority may acquire land and housing stock.

(1) An authority may acquire by gift, devise, bequest, lease, grant, or purchase lands,

structures, or interests in land necessary for the building of housing, upon terms,

prices, or considerations considered reasonable by the authority and agreed upon

between the authority and the owner. Title to all property acquired by the authority

shall be taken in the corporate name of the authority.

(2) An authority may acquire by gift, devise, bequest, lease, grant, or purchase an

interest in, by means of a partnership, joint venture, or other co-ownership

arrangement, low-income and moderate-income housing stock.
KRS § 363.9053 — KY Code / Title XXIX / Chapter 363 / Section 363.9053
363.9053 Use of methyl tertiary butyl ether as fuel additive
Status: in_force

363.9053 Use of methyl tertiary butyl ether as fuel additive.

(1) Beginning on January 1, 2006, the use of methyl tertiary butyl ether, known as

MTBE, as a fuel additive shall be illegal in the Commonwealth of Kentucky.

Importation, sale, or storage of fuel containing MTBE shall be unlawful after that

date.

(2) Beginning on January 1, 2004, the General Assembly strongly encourages that all

reformulated gasoline sold or offered for sale in the Commonwealth utilize

domestically produced ethanol in place of MTBE or other gasoline additives.

(3) In order to allow for an orderly transition, trace amounts of MTBE, not to exceed

one-half of one percent (0.5%) by volume, will be allowed in gasoline.
KRS § 178.210 — KY Code / Title XV / Chapter 178 / Section 178.210
178.210 Special tax for construction of roads -- Submission to vote -- Short-term bonds
Status: in_force

178.210 Special tax for construction of roads -- Submission to vote -- Short-term

bonds.

(1) The fiscal court of any county may submit to the voters at a special election to be

held for that purpose, the question of voting a tax of any sum not exceeding twenty

cents ($0.20) on the hundred dollars ($100) on all property subject by law to local

taxation, for the construction of the public roads and bridges of the county, as the

fiscal court directs. The order of the fiscal court calling the election shall specify the

amount of the tax to be levied each year and the number of years for which the tax

may be imposed, not exceeding ten (10) years, and shall also provide that no money

in excess of the amount that can be raised by the levy in any one (1) year shall be

expended in that year.

(2) The fiscal court may borrow money and issue bonds therefor in advance of the

collection of the tax for any year, but the amount borrowed shall not exceed eighty

percent (80%) of the estimated tax for the year. The amount of the tax shall be

estimated according to the assessment and collection of the preceding year. Any

money so borrowed shall be paid out of the money raised from the tax in the year in

which the money is borrowed.

(3) For the 1966 tax year and for all subsequent years the rate levied by the levying

authority under the provisions of this section for levies which were approved prior

to December 16, 1965, shall be the compensating tax rate as defined in KRS

132.010, except as provided in subsection (4) of this section.

(4) Notwithstanding the limitations contained in subsection (3) of this section no tax

rate shall be set lower than that necessary to provide such funds as are required to

meet principal and interest payments on outstanding bonded indebtedness.
KRS § 378A.100 — KY Code / Title XXXI / Chapter 378A / Section 378A.100
378A.100 Governing law
Status: in_force

378A.100 Governing law.

(1) In this section, the following rules determine a debtor's location:

(a) A debtor who is an individual is located at the individual's principal residence;

(b) A debtor that is an organization and has only one (1) place of business is

located at its place of business; and

(c) A debtor that is an organization and has more than one (1) place of business is

located at its chief executive office.

(2) A claim for relief in the nature of a claim for relief under this chapter is governed by

the local laws of the jurisdiction in which the debtor is located when the transfer is

made or the obligation is incurred.
KRS § 227.750 — KY Code / Title XIX / Chapter 227 / Section 227.750
227.750 Seizure and sale of fireworks stored and held in violation of chapter -- Notice of proposed disposal of fireworks required -- Administrative hearing -- KRS 227.700 to 227.750 not to conflict with local ordinances
Status: in_force

227.750 Seizure and sale of fireworks stored and held in violation of chapter --

Notice of proposed disposal of fireworks required -- Administrative hearing --

KRS 227.700 to 227.750 not to conflict with local ordinances.

(1) The state fire marshal, or any fire department having jurisdiction which has been

deputized to act on behalf of the state fire marshal, shall cause to be removed at the

expense of the owner all stocks of fireworks which are stored and held in violation

of this chapter. After a period of sixty (60) days, the seized fireworks may be

offered for sale by closed bid to a properly certified fireworks wholesaler.

(2) After a period of sixty (60) days, the seized fireworks may be offered for sale by

closed bid to a properly certified manufacturer, distributor, or wholesaler. All seized

fireworks or explosives with a Class 1.3G or "Display" designation shall require the

notification of the United States Bureau of Alcohol, Tobacco, Firearms and

Explosives. The state fire marshal shall provide the owner or possessor a receipt

containing the complete inventory of any fireworks seized within five (5) business

days of the seizure.

(3) Before any seized fireworks may be disposed of:

(a) If the owner of the seized fireworks is known to the state fire marshal, the

state fire marshal shall give notice by registered mail or personal service to the

owner of the state fire marshal's intention to dispose of the fireworks. The

notice shall inform the owner of the state fire marshal's intent. The state fire

marshal shall conduct an administrative hearing in accordance with KRS

Chapter 13B concerning the disposal of fireworks; or

(b) If the identity of the owner of any seized fireworks is not known to the state

fire marshal, the state fire marshal shall cause to be published, in a newspaper

of general circulation in the county in which the seizure was made, notice of

the seizure, and of the state fire marshal's intention to dispose of the fireworks.

The notice shall be published once each week for three (3) consecutive weeks.

If no person claims ownership of the fireworks within ten (10) days of the date

of the last publication, the state fire marshal may proceed with disposal of the

fireworks. If the owner does claim the fireworks within ten (10) days of the

date of the last publication, a hearing as set out in paragraph (a) of this

subsection shall be held

(4) Nothing in KRS 227.700 to 227.750 shall restrict a local government from

enacting ordinances that affect the sale or use of fireworks within its

jurisdiction.
KRS § 280.010 — KY Code / Title XXIV / Chapter 280 / Section 280.010
280.010 Definitions for KRS 280.020 to 280.130
Status: in_force

280.010 Definitions for KRS 280.020 to 280.130.

As used in KRS 280.020 to 280.130, unless the context otherwise requires:

(1) "Department" means the Department of Highways.

(2) "Bridge company" or "ferry company" means any person owning, controlling,

operating or managing any toll bridge or toll ferry.

(3) "Toll bridge" or "toll ferry" means any bridge or ferry located or operated entirely

within this state that is operated over or connects with any highway embraced in the

state primary road system and is used in the business of transporting persons for

compensation over any stream in this state.
KRS § 205.5631 — KY Code / Title XVII / Chapter 205 / Section 205.5631
205.5631 Definitions for KRS 205.5631 to 205.5639
Status: in_force

205.5631 Definitions for KRS 205.5631 to 205.5639.

(1) As used in KRS 205.5631 to 205.5639, "commissioner" means the commissioner of

the Department for Medicaid Services.

(2) As used in KRS 205.5632, "new drug" means a drug that is approved for marketing

by the Federal Food and Drug Administration under a product licensing application,

new drug application, or a supplement to a new drug application, and that is a new

chemical or molecular entity, but shall not mean the following:

(a) Drugs, classes of drugs, or medical uses identified in 42 U.S.C. sec. 1396r-

8(d)(2), as amended;

(b) Drugs that are considered to be less than effective by the Federal Food and

Drug Administration or drugs that are considered to be identical, related, or

similar to the less than effective drugs; and

(c) Drugs that are excluded from coverage by the Kentucky Medicaid program

due to lack of compliance by the drug manufacturer with federal drug rebate

requirements.
KRS § 164A.160 — KY Code / Title XIII / Chapter 164A / Section 164A.160
164A.160 Reserve or replacement funds
Status: in_force

164A.160 Reserve or replacement funds.

The corporation shall be authorized and empowered in connection with the issuance of its

bonds and notes for student loan purposes pursuant to this chapter to establish in respect

of such bonds and notes such reserve funds or replacement funds as may be required in

the sound discretion of the board of directors of the corporation to enable the corporation

to effectuate its proper public purposes. In the event any such reserve fund or replacement

fund created by the corporation in connection with any such bonds or notes issued

pursuant to a general bond resolution adopted prior to January 1, 2003, should, in

violation of any contract made by the corporation with any bondholder or noteholder, be

monetarily deficient in any respect as of any date of accounting so stipulated by the

corporation, the corporation shall immediately make formal request in writing to the

secretary of the Finance and Administration Cabinet, and to the Governor of Kentucky

that sums adequate to restore such reserve fund or replacement fund to its contractually

required level and to pay any overdue principal and interest on any outstanding bonds and

notes of the corporation be included in the next succeeding executive budget, and that

such budget request with recommendation for approval by the General Assembly of an

appropriated legislative appropriation by the General Assembly to the corporation for the

use and benefit of such reserve fund or replacement fund be submitted to such session of

the General Assembly. In the event the next scheduled even-numbered-year regular

session of the General Assembly of Kentucky shall occur more than six (6) months after

any such request by the corporation, the corporation shall request that sums adequate to

restore such reserve fund or replacement fund to such contractually required level and to

pay any overdue principal and interest on any outstanding bonds and notes of the

corporation be made available from the Governor's contingency fund, and if such funds

are so made available the budget request hereinabove described in this section shall be

correspondingly reduced.
KRS § 365.833 — KY Code / Title XXIX / Chapter 365 / Section 365.833
365.833 Claims by retailers for payment under warranty agreements
Status: in_force

365.833 Claims by retailers for payment under warranty agreements.

(1) Claims filed by a retailer for payment under warranty agreements shall be approved

or disapproved within thirty (30) days of receipt by the supplier. All claims for

payment shall be paid within thirty (30) days of their approval. If any claim is

disapproved, the supplier shall notify the retailer within thirty (30) days stating the

specific grounds upon which the disapproval is based. If a claim is not specifically

disapproved within thirty (30) days of receipt, it shall be deemed approved and

payment by the supplier shall be within thirty (30) days.

(2) If, after termination of a retail agreement contract, a retailer submits a claim to the

supplier for warranty work performed prior to the effective date of the termination,

the supplier shall accept or reject the claim within thirty (30) days of receipt. All

claims for payment shall be paid within thirty (30) days of their acceptance. If any

claim is rejected, the supplier shall notify the retailer within thirty (30) days stating

the specific grounds upon which the rejection is based. If a claim is not specifically

rejected within thirty (30) days of receipt, it shall be deemed accepted and payment

by the supplier shall be within thirty (30) days.

(3) Warranty work performed by a retailer shall be compensated in accordance with the

reasonable and customary amount of time required to complete the work, expressed

in hours and fractions of hours, multiplied by the retailer's established customer

hourly retail labor rate, which shall have previously been made known to the

supplier.

(4) Expenses expressly excluded under the supplier's warranty to the customer shall not

be included nor required to be paid on requests for compensation from a retailer for

warranty work performed.

(5) Expenses for all parts used by a retailer in performing warranty work shall be paid

to the retailer in the amount equal to the retailer's net price for parts used, plus a

minimum of fifteen percent (15%). The percentage additive is to reimburse the

retailer for reasonable costs of doing business in performing warranty service on the

supplier's behalf, including but not limited to freight and handling costs incurred.

(6) The supplier has the right to adjust for errors discovered during audit and, if

necessary, to adjust claims paid in error.

(7) A retailer may accept the manufacturer's reimbursement terms and conditions in lieu

of the other provisions provided by this section.
KRS § 431.518 — KY Code / Title XL / Chapter 431 / Section 431.518
431.518 Pretrial release of felony drug offender or felony offender with a history of substance abuse -- Conditions
Status: in_force

431.518 Pretrial release of felony drug offender or felony offender with a history of

substance abuse -- Conditions.

When considering the pretrial release of a person charged with a felony offense under

KRS Chapter 218A or a person charged with a felony offense whose criminal record

indicates a history of recent and relevant substance abuse, the court considering the

release shall cause the court's pretrial release investigation and services office to have the

person screened for recent and relevant substance abuse risk factors. A person's refusal to

participate in the screening shall not disqualify the person from being granted pretrial

release. If this screening indicates the presence of recent and relevant substance abuse risk

factors, the court may order as a condition of pretrial release that the person:

(1) Undertake any testing ordered by the court under KRS 431.520 or 431.525;

(2) Participate in an additional assessment of the person's condition;

(3) Participate in a secular or faith-based treatment or recovery program if one (1) is

identified as appropriate to the person as a result of the person's initial assessment

or an additional assessment performed under subsection (2) of this section;

(4) Appear at any subsequent hearing ordered by the court where the person's

conditions of pretrial release may be reviewed and modified as the result of any

testing performed under subsection (1) of this section, any additional assessment

performed under subsection (2) of this section, any additional assessment of the

defendant performed by a qualified mental health professional which the defendant

may offer for the court's consideration, or the person's compliance with any

treatment or recovery plan ordered by the court under subsection (3) of this section;

and

(5) Participate in a global positioning monitoring system program operated by a county

pursuant to KRS 67.372 and 67.374 under the same terms and conditions as

provided in KRS 431.517, during all or part of the person's period of release

pursuant to this section.
KRS § 402.010 — KY Code / Title XXXV / Chapter 402 / Section 402.010
402.010 Degree of relationship that will bar marriage
Status: in_force

402.010 Degree of relationship that will bar marriage.

(1) No marriage shall be contracted between persons who are nearer of kin to each

other by consanguinity, whether of the whole or half-blood, than second cousins.

(2) Marriages prohibited by subsection (1) of this section are incestuous and void.
KRS § 136.372 — KY Code / Title XI / Chapter 136 / Section 136.372
136.372 Declaration of estimated tax -- Payment -- Adjustments -- Penalties
Status: in_force

136.372 Declaration of estimated tax -- Payment -- Adjustments -- Penalties.

(1) Any company whose tax, as provided in KRS 136.320, 136.330, 136.340, 136.350,

136.370, or 304.3-270 was five thousand dollars ($5,000) or more in the previous

year shall file a declaration of estimated tax.

(2) The tax due shall be paid in three (3) installments, one-third (1/3) on or before June

1, one-third (1/3) on or before October 1, and the remainder on or before the

following March 1.

(3) (a) Any adjustments may be made on or before October 1.

(b) All adjustments shall be made on or before March 1.

(c) If any taxpayer uses the amount of the tax liability for the previous calendar

year as the estimate for the declaration, no penalties or interest shall apply to

any subsequent adjustments.

(4) All taxes not paid when due may be subject to:

(a) A penalty of five percent (5%) per month, but not more than twenty-five

percent (25%) penalty shall be assessed on any one (1) report; and

(b) Interest at the tax interest rate as defined in KRS 131.010(6) from the date the

report was due.
KRS § 439.267 — KY Code / Title XL / Chapter 439 / Section 439.267
439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of authority -- Availability for sexual offenders
Status: in_force

439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of

authority -- Availability for sexual offenders.

(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any District

Court, or any Circuit Court with respect to a defendant convicted in Circuit Court of

a misdemeanor, may, upon motion of the defendant made not earlier than thirty (30)

days after the defendant has been delivered to the keeper of the institution to which

he has been sentenced, suspend the further execution of the sentence and place the

defendant on probation upon terms as the court determines.

(2) The court shall consider any motion filed in accordance with subsection (1) of this

section within sixty (60) days of the filing date of that motion, and shall enter its

ruling within ten (10) days after considering the motion. The defendant may, in the

discretion of the trial court, have the right to a hearing on any motion he may file, or

have filed for him, that would suspend further execution of sentence. Any court

order granting or denying a motion to suspend further execution of sentence is not

reviewable.

(3) The authority granted in this section shall be exercised by the judge who imposed

sentence on the defendant, unless he is unable to act and it appears that his inability

to act should continue beyond the expiration of the term of the court. In this case,

the judge who imposed sentence shall assign a judge to dispose of a motion filed

under this section, or as prescribed by the rules and practices concerning the

responsibility for disposition of criminal matters.

(4) If the defendant has been convicted of a misdemeanor offense under KRS Chapter

510, or criminal attempt to commit any of these offenses under KRS 506.010, prior

to considering the motion to suspend the sentence, the court may, for a

misdemeanor offense specified herein, and shall, for any felony offense specified in

this subsection order an evaluation of the defendant to be conducted by the sex

offender treatment program operated or approved by the Department of Corrections

or the Department for Behavioral Health, Developmental and Intellectual

Disabilities. The evaluation shall provide to the court a recommendation related to

the risk of a repeat offense by the defendant and the defendant's amenability to

treatment, and shall be considered by the court in determining whether to suspend

the sentence. If the court suspends the sentence and places the defendant on

probation, the provisions of KRS 532.045(3) to (7) shall apply.