FrankGoortani/open-us-law huggingface dataset:
KRS § 403A.104 — KY Code / Title XXXV / Chapter 403A / Section 403A.104
403A.104 Jurisdiction
Status: in_force

4403A.104 Jurisdiction.

(1) A court may issue an order regarding custodial responsibility under this chapter

only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and

Enforcement Act, KRS 403.800 to 403.880.

(2) If a court has issued a temporary order regarding custodial responsibility pursuant to

KRS 403A.301 to 403A.311, the residence of the deploying parent is not changed

by reason of the deployment for the purposes of the Uniform Child Custody

Jurisdiction and Enforcement Act during the deployment.

(3) If a court has issued a permanent order regarding custodial responsibility before

notice of deployment and the parents modify that order temporarily by agreement

pursuant to KRS 403A.201 to 403A.205, the residence of the deploying parent is

not changed by reason of the deployment for the purposes of the Uniform Child

Custody Jurisdiction and Enforcement Act.

(4) If a court in another state has issued a temporary order regarding custodial

responsibility as a result of impending or current deployment, the residence of the

deploying parent is not changed by reason of the deployment for the purposes of the

Uniform Child Custody Jurisdiction and Enforcement Act.

(5) This section does not prevent a court from exercising temporary emergency

jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
KRS § 364.080 — KY Code / Title XXIX / Chapter 364 / Section 364.080
364.080 Brand to be exclusive trade-mark; infringement forbidden
Status: in_force

364.080 Brand to be exclusive trade-mark; infringement forbidden.

(1) Every brand adopted under KRS 364.070 shall, from the date of its adoption, be the

exclusive trade-mark of the person adopting it.

(2) No person shall knowingly use or attempt to use any such brand without the written

consent of the owner.
KRS § 278.548 — KY Code / Title XXIV / Chapter 278 / Section 278.548
278.548 Telecommunications relay service program
Status: in_force

278.548 Telecommunications relay service program.

The commission shall establish a program to make telecommunications relay services

available not later than October 1, 1991, and shall make interstate telecommunications

relay services available no later than July 1, 1992. The telecommunications relay service,

whether intrastate or interstate, shall be operated seven (7) days a week for twenty-four

(24) hours per day for all deaf, hard-of-hearing, or speech-impaired telephone subscribers

within the Commonwealth. In order to determine the most cost effective method of

providing telecommunications relay services that will meet the requirements of the deaf,

hard of hearing, and speech-impaired, the commission shall initiate an investigation,

conduct public hearings, and solicit the advice and counsel of the deaf, hard-of-hearing

persons, and speech-impaired persons and the organizations serving them. The

commission may assist the Commission on the Deaf and Hard of Hearing in the TDD

distribution program established pursuant to KRS 163.525.
KRS § 58.025 — KY Code / Title VII / Chapter 58 / Section 58.025
58.025 Facsimile signatures
Status: in_force

58.025 Facsimile signatures.

It shall be lawful for public bodies, when issuing bonds pursuant to this chapter, to issue

and execute said bonds with either the manual or facsimile signatures of its officers as

may be determined by the governing bodies of the respective public bodies which are the

issuers thereof; but subject nevertheless to such approvals as may now or hereafter be

applicable thereto according to law.
KRS § 45.345 — KY Code / Title VI / Chapter 45 / Section 45.345
45.345 Authorization of electronic payment methods for deposit in State Treasury -- Provider fees
Status: in_force

45.345 Authorization of electronic payment methods for deposit in State Treasury -

- Provider fees.

(1) In addition to any payment method authorized by law, and notwithstanding any

statute to the contrary, any state agency may accept the following methods of

payment to secure funds for deposit into the State Treasury:

(a) Credit card;

(b) Debit card;

(c) Electronic check;

(d) Automated clearinghouse (ACH) debit; or

(e) Any other electronic payment method upon the prior written approval of both

the Finance and Administration Cabinet and the Office of the State Treasurer.

(2) Any fees charged to a state agency by the provider of the payment services listed in

subsection (1) of this section shall be deemed to represent collection expenses and

may be considered normal operating expenses of the agency, or the agency may

collect convenience fees from users to supplement agency costs of delivering

services.
KRS § 241.068 — KY Code / Title XX / Chapter 241 / Section 241.068
241.068 Population data to be used in administering KRS 241.066 and 241.067
Status: in_force

241.068 Population data to be used in administering KRS 241.066 and 241.067.

For the purposes of administering KRS 241.066 and 241.067:

(1) The population data shall be based on a wet county's or city's annual population

estimates prepared by the Kentucky State Data Center at the University of

Louisville in every year except a federal decennial census year. The federal

decennial census figures of population shall be used in a census year; and

(2) (a) On or before January 1 of each year, the department shall obtain the

population figures of all wet counties and cities as of that date for

determination of the number of quota licenses available.

(b) If a quota retail license vacancy is created by an increase in population or any

other reason, the department shall publish notice of the vacancy and

information on how to apply for the license within sixty (60) days in the

newspaper used for the legal notices of that county or city.

(c) The department shall accept applications for a quota retail license vacancy not

later than thirty (30) days following the date on which the public notice is

published.
KRS § 65.007 — KY Code / Title IX / Chapter 65 / Section 65.007
65.007 Removal of appointed member of special district governing body -- Hearing -- Appeal
Status: in_force

65.007 Removal of appointed member of special district governing body -- Hearing

-- Appeal.

(1) Unless otherwise provided by state law, an appointed member of the governing

body of a special district may be removed from office by the appointing authority

after a hearing with notice as required by KRS Chapter 424 for inefficiency, neglect

of duty, malfeasance or conflict of interest. The hearing shall be initiated and

chaired by the appointing authority, who shall prepare a written statement setting

forth the reasons for removal. The member to be removed shall be notified of his

proposed removal and the reasons therefor by registered mail sent to his last known

address at least ten (10) days prior to the hearing. The person to be removed may

employ counsel to represent him. A record of the hearing shall be made by the

appointing authority.

(2) Where the removal of an appointed member of a special district governing body is

by the county judge/executive pursuant to subsection (1) of this section, the removal

shall be subject to the approval of the fiscal court.

(3) A member removed pursuant to this section may appeal, within ten (10) days of the

rendering of the decision or the approval of the fiscal court if required, to the Circuit

Court of the county of the appointing authority. The scope of the appeal shall be

limited to whether the appointing authority or the fiscal court abused their discretion

in removing the member.
KRS § 189.378 — KY Code / Title XVI / Chapter 189 / Section 189.378
189.378 Funeral processions
Status: in_force

189.378 Funeral processions.

(1) "Funeral procession," as used in this section, means two (2) or more vehicles

accompanying the body of a deceased person when each vehicle has its headlights

on or is displaying a pennant attached in such a manner as to be clearly visible to

approaching traffic.

(2) A vehicle in a funeral procession has the right-of-way at an intersection and may

proceed through the intersection if the procession is led by an escort vehicle

displaying flashing yellow, red, or blue lights, except:

(a) When the right-of-way is required by an emergency vehicle as defined by

KRS 189.910;

(b) When vehicles in the procession are directed otherwise by a police or safety

officer; or

(c) When the vehicle is a train or locomotive.

(3) Before assuming the right-of-way, a person who drives a vehicle in a funeral

procession shall exercise due caution with regard to crossing traffic.

(4) A person who drives a vehicle that is not part of a funeral procession shall not drive

the vehicle between the vehicles of the funeral procession or otherwise interfere

with the progress of the procession, except when:

(a) The person is authorized to do so by a police or safety officer; or

(b) The vehicle is an emergency vehicle as defined by KRS 189.910.

(5) A person who drives a vehicle that is not a part of a funeral procession shall not

illuminate the vehicle headlights or engage in any other act for the purpose of

securing the right-of-way granted to funeral processions.

(6) The escort vehicle, hearse, or other vehicles in a procession may be equipped with

flashing amber lights for the purpose of notifying the general public of the

procession and gaining the right-of-way at intersections, or signaling the end of a

procession.

(7) Persons authorized to use flashing lights as defined in KRS 189.920 may use them

while accompanying a funeral procession to warn traffic that a procession is

approaching or that it is in progress.

(8) When a funeral procession is in progress, a person driving a vehicle not in the

procession shall not pass or overtake any vehicle in the procession unless:

(a) The person is directed to do so by a police or safety officer;

(b) The procession is on a street, road, or highway outside the corporate limits of

a city, town, or urban-county; or

(c) The procession is on an interstate highway or a state parkway.

(9) Any person who violates this section shall be guilty of a Class B misdemeanor.
KRS § 65.168 — KY Code / Title IX / Chapter 65 / Section 65.168
65.168 Appeal
Status: in_force

65.168 Appeal.

Any petitioner or member of the district board of directors may, within thirty (30) days of

the fiscal court's decision, appeal an adverse finding of the fiscal court to the Circuit

Court in the county containing the greater part of the district. The Circuit Court shall

review the decision of the fiscal court but shall reverse the decision only if such decision

is found to be arbitrary or capricious. If the Circuit Court reverses the decision of the

fiscal court by ordering the alteration or dissolution of the district, it shall direct the fiscal

court to determine, as provided in subsection (5) of KRS 65.166, a method for satisfying

any legal obligations of the district which might be affected thereby.
KRS § 247.6040 — KY Code / Title XXI / Chapter 247 / Section 247.6040
247.6040 Definitions for KRS 247.6040 to 247.6070
Status: in_force

247.6040 Definitions for KRS 247.6040 to 247.6070.

As used in KRS 247.6040 to 247.6070, unless the context requires otherwise:

(1) "Association" means any commission, council, board, or other body;

(2) "Boll weevil" means Anthonomus grandis Boheman in any stage of development;

(3) "Commissioner" means the Commissioner of Agriculture or the Commissioner's

designee;

(4) "Cotton" means any cotton plant or cotton plant product upon which the boll weevil

is dependent for completion of any portion of its life cycle;

(5) "Cotton grower" means any person who is engaged in and has an economic risk in

the business of producing, or causing to be produced, cotton for market;

(6) "Host" means any plant or plant product upon which the boll weevil is dependent

for completion of any portion of its life cycle;

(7) "Infested" means actually infested with a boll weevil, or so exposed to infestation

that it would be reasonable to believe that an infestation exists; and

(8) "Regulated article" means any article of any character carrying or capable of

carrying the boll weevil, including but not limited to cotton plants, seed cotton,

other hosts, gin trash, and mechanical cotton pickers.
KRS § 532.260 — KY Code / Title L / Chapter 532 / Section 532.260
532.260 Home incarceration or conditional release for certain Class C or Class D felons -- Eligibility -- Consequence of violation -- Administrative regulations
Status: in_force

532.260 Home incarceration or conditional release for certain Class C or Class D

felons -- Eligibility -- Consequence of violation -- Administrative regulations.

(1) Any Class C or Class D felon who is serving a sentence in a state-operated prison,

contract facility, or county jail shall, at the discretion of the commissioner, be

eligible to serve the remainder of his or her sentence outside the walls of the

detention facility under terms of home incarceration or conditional release to an

appropriate housing alternative specified by KRS 532.262 using an approved

monitoring device as defined in KRS 532.200, if the felon:

(a) 1. Has not been convicted of, pled guilty to, or entered an Alford plea to a

violent felony as defined by the Department of Corrections classification

system; or

2. Has not been convicted of, pled guilty to, or entered an Alford plea to a

sex crime as defined in KRS 17.500;

(b) Has nine (9) months or less to serve on his or her sentence;

(c) Has voluntarily participated in a discharge planning process with the

department to address his or her:

1. Education;

2. Employment, technical, and vocational skills;

3. Housing, medical, and mental health needs; and

4. Criminal risk factors; and

(d) Has needs that may be adequately met in the community where he or she will

reside upon release.

(2) A person who is placed under terms of home incarceration pursuant to subsection

(1) of this section shall remain in the custody of the Department of Corrections. Any

unauthorized departure from the terms of home incarceration may be prosecuted as

an escape pursuant to KRS Chapter 520 and shall result in the person being returned

to prison.

(3) The Department of Corrections shall promulgate administrative regulations to

implement the provisions of this section.
KRS § 247.500 — KY Code / Title XXI / Chapter 247 / Section 247.500
247.500 Annual review of program -- Referendum requirement -- Termination
Status: in_force

247.500 Annual review of program -- Referendum requirement -- Termination.

(1) The board shall review the assessment program annually. If, at the end of each year

after the first year of the assessment program, the board determines that the

producers in the referendum area representing fifty percent (50%) of the production

of milk are not participating in the program, the commissioner shall then conduct a

referendum among the producers in such area. If, upon such referendum, a majority

of the producers in such area reject such program, it shall be terminated as at the

end of the month in which such referendum for such area was conducted and held;

otherwise such assessment program shall continue in force and effect.

(2) If the certified commission, council, board, association, or other agency of

producers expresses in writing its desire to the commissioner to discontinue the

assessment program and terminate the same, the commissioner shall within fifteen

(15) days following receipt of such request convene the board to review and act on

such request. The board, after reviewing such request and conducting whatever

proceedings are deemed appropriate and necessary in connection with such request,

may terminate such program effective at the end of the month in which such board

action is taken; and in this event the commissioner shall notify, by certified mail,

the purchasers of such agricultural commodity of the termination of such program.
KRS § 394.340 — KY Code / Title XXXIV / Chapter 394 / Section 394.340
394.340 General devise of land includes all interests therein owned by testator
Status: in_force

394.340 General devise of land includes all interests therein owned by testator.

A devise of the land of the testator, or of the land of the testator in any place or occupied

by any person mentioned in his will or otherwise described in a general manner, and any

other general devise which would describe a leasehold estate, if the testator had no

freehold estate which could be described by it, shall be construed to include his leasehold

estates, or any of them to which the description extends, as well as freehold estates,

unless a contrary intention appears in the will.
KRS § 267.010 — KY Code / Title XXII / Chapter 267 / Section 267.010
267.010 Definitions
Status: in_force

267.010 Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Board" means the county board of drainage commissioners, or, in counties having

seventy-five (75) or more separate drainage districts, or in counties availing

themselves of the provisions of KRS 267.390(3)(b) and 267.490 as provided in

KRS 267.495, the drainage commissioner.

(2) "District" means drainage or levee district.

(3) "Improvement" means the construction, reconstruction, straightening, widening or

deepening of any ditch, drain, canal, creek, levee or watercourse.

(4) "Sheriff" includes any collecting officer.

(5) "Viewers" means the board of viewers appointed by the county judge/executive.

(6) The power to appoint includes the power to remove at any time.
KRS § 261.350 — KY Code / Title XXI / Chapter 261 / Section 261.350
261.350 Payment for livestock purchased by market agencies or livestock dealers
Status: in_force

261.350 Payment for livestock purchased by market agencies or livestock dealers.

Payment for livestock purchased by market agencies or livestock dealers shall be made in

full compliance with requirements under the Packers and Stockyards Act, 7 U.S.C. secs.

181-229b and regulations promulgated thereto.
KRS § 426.150 — KY Code / Title XXXIX / Chapter 426 / Section 426.150
426.150 Defendant may select property to be sold -- May surrender property not levied on
Status: in_force

426.150 Defendant may select property to be sold -- May surrender property not

levied on.

The defendant may, on the day of the sale, in writing, direct the property levied on to be

sold in any succession he desires. He may produce other property or the title to land in the

county not levied on and, by writing, direct the same to be sold first, and in that case the

residue of the execution and costs, if any, shall be made out of the property levied on.
KRS § 344.630 — KY Code / Title XXVII / Chapter 344 / Section 344.630
344.630 Service of charge
Status: in_force

344.630 Service of charge.

After the commission issues a discriminatory housing charge under KRS 344.625, the

commission shall cause a copy thereof, together with information as to how to make an

election of an administrative or judicial choice of forum under KRS 344.635, and the

effect of such election, to be served:

(1) On each respondent named in the charge, together with a written notice of

opportunity for a hearing at a time and place specified in the notice, unless that

election is made; and

(2) On each aggrieved person on whose behalf the discriminatory housing complaint

was filed.
KRS § 74.320 — KY Code / Title IX / Chapter 74 / Section 74.320
74.320 Refunding bonds authorized
Status: in_force

74.320 Refunding bonds authorized.

Water districts organized and operating under this chapter, or under Chapter 139 of the

Acts of 1926, may issue refunding bonds for the purpose of refunding any bonded debt.
KRS § 455.150 — KY Code / Title XLII / Chapter 455 / Section 455.150
455.150 Procedure for bringing material witness in state felony trial from federal prison -- Reimbursement of expenses
Status: in_force

455.150 Procedure for bringing material witness in state felony trial from federal

prison -- Reimbursement of expenses.

When a material witness for the Commonwealth in a felony prosecution pending in a

court of this state is confined under judgment of conviction in any federal penal

institution, the Commonwealth's attorney may enter into an agreement with the

appropriate federal authorities for conveyance of the witness at the expense of this state to

the Circuit Court in which the trial is pending, and after trial, for return to the federal

penitentiary. The Commonwealth's attorney shall move the Circuit Court for an order for

the attendance of the witness and shall state the situation of the prisoner, the date set for

trial of the case, the importance of his testimony to the Commonwealth, and the

agreement of the federal authorities to produce the prisoner in court. The Circuit Court

shall designate the officer to transport and guard the prisoner and such person shall be

reimbursed from the State Treasury for his expenses in the amount and manner provided

in KRS 64.070(1); provided, however, that if a United States marshal or other federal

official is designated by the court to transport and guard the prisoner such marshal or

officer shall be reimbursed at the rate authorized by federal law or regulations. The

Circuit Court shall enter an order of allowance of expenses for the officer upon

conclusion of the trial.
KRS § 501.040 — KY Code / Title L / Chapter 501 / Section 501.040
501.040 Culpability -- Construction of statutes
Status: in_force

501.040 Culpability -- Construction of statutes.

Although no culpable mental state is expressly designated in a statute defining an offense,

a culpable mental state may nevertheless be required for the commission of such offense,

or with respect to some or all of the material elements thereof, if the proscribed conduct

necessarily involves such culpable mental state.
KRS § 17.568 — KY Code / Title III / Chapter 17 / Section 17.568
17.568 Injunctive relief
Status: in_force

17.568 Injunctive relief.

Whenever in the judgment of the board any person has engaged or is about to engage in

any acts or practices that constitute or will constitute a violation of KRS 17.500 to 17.580

and 17.991, the board may apply to the Franklin Circuit Court for an order enjoining

these acts or practices.

(1) Upon a showing by the board that a person has engaged or is about to engage in any

of these acts or practices, an injunction, restraining order, or other order as may be

appropriate shall be granted by the court.

(2) Any order of the Franklin Circuit Court shall be enforceable and shall be valid

anywhere in this state, and the order of the court shall be reviewable as provided in

the Rules of Civil Procedure in the case of other injunctions and restraining orders.
KRS § 311.676 — KY Code / Title XXVI / Chapter 311 / Section 311.676
311.676 Requirement for use of designation and display of license -- Prohibited activities -- Penalties
Status: in_force

311.676 Requirement for use of designation and display of license -- Prohibited

activities -- Penalties.

(1) An acupuncture practitioner shall use the designation "licensed acupuncturist" or

"L.Ac." following his or her name in all advertisements, professional literature, and

billings used in connection with his or her practice.

(2) The license issued by the board shall be conspicuously displayed in the licensed

acupuncture practitioner's place of business.

(3) A person who is not licensed under KRS 311.671 to 311.686 shall not use any

terms, words, abbreviations, letters, or insignia that indicate or imply that he or she

is engaged in the practice of acupuncture.

(4) Any person who violates this section shall be guilty of a Class A misdemeanor.