FrankGoortani/open-us-law huggingface dataset:
KRS § 243.502 — KY Code / Title XX / Chapter 243 / Section 243.502
243.502 Restrictions on possession and use of alcohol vaporizing device
Status: in_force

243.502 Restrictions on possession and use of alcohol vaporizing device.

(1) Except as provided in subsection (2) of this section, a person shall not sell,

purchase, deliver, give away, possess, use, or offer for sale or use an alcohol

vaporizing device or assist another in selling or using an alcohol vaporizing device.

(2) The provisions of subsection (1) of this section shall not apply to:

(a) A hospital that operates primarily for the purpose of conducting scientific

research;

(b) A public institution that is a member of the postsecondary education system or

an independent institution as defined in KRS 164.001 that is conducting bona

fide research;

(c) A pharmaceutical or biotechnology company conducting bona fide research;

(d) A manufacturer or distributor that sells an alcohol vaporizing device to one (1)

of the entities set out in this subsection; or

(e) A device used by a manufacturer in the manufacturing process.

(3) Persons holding an alcohol vaporizing device in accordance with subsection (2)(a)

to (d) of this section shall retain the alcohol vaporizing device in a secure location

such that it is used only for research purposes. They shall not transfer the device to

an entity or institution other than one covered by subsection (2) of this section and

shall destroy the device when it is no longer of use. The department may

promulgate administrative regulations authorizing additional reports if the

department deems the reports reasonably necessary.
KRS § 365.406 — KY Code / Title XXIX / Chapter 365 / Section 365.406
365.406 Penalties for violation of KRS 365.402
Status: in_force

365.406 Penalties for violation of KRS 365.402.

(1) If a business fails to comply with KRS 365.402 and it is the business's first

violation, the business shall provide a prorated refund for the contract subject to an

automatic renewal provision from the start of the most recent term to the date on

which the business was notified of and corrects the error.

(2) If the business fails to provide a prorated refund as required in subsection (1) of this

section or it is a business's second or subsequent violation, the Attorney General

may bring an action to obtain:

(a) A temporary or permanent injunction prohibiting the use of any method, act,

or practice in violation of KRS 365.402;

(b) Restitution for consumers who are residents of this state and incurred a loss of

money or property as the direct result of a violation of KRS 365.402; and

(c) Penalties that shall not exceed five hundred dollars ($500) for each violation

of KRS 365.402.
KRS § 216.716 — KY Code / Title XVIII / Chapter 216 / Section 216.716
216.716 Kentucky personal services agency fund
Status: in_force

216.716 Kentucky personal services agency fund.

(1) (a) There is created a trust and agency fund to be known as the Kentucky personal

services agency fund.

(b) The fund shall be administered by the Finance and Administration Cabinet.

(c) The fund shall be funded with moneys collected under KRS 216.712 and

216.714.

(2) Moneys in the fund shall be used by a department designated by the secretary of the

Cabinet for Health and Family Services to administer KRS 216.712 and 216.714.

The amount expended to administer KRS 216.712 and 216.714 shall not exceed the

amount collected under KRS 216.712 and 216.714.

(3) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the

fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year

to be used for the purposes set forth in subsection (2) of this section.

(4) Interest earned on any moneys in the account shall accrue to the account.

(5) Moneys in the fund are hereby appropriated for the purposes set forth in KRS

216.712 and 216.714.
KRS § 131.445 — KY Code / Title XI / Chapter 131 / Section 131.445
131.445 Civil and criminal penalties following amnesty -- Invalidation of amnesty. (See LRC Note below)
Status: in_force

131.445 Civil and criminal penalties following amnesty -- Invalidation of amnesty.

(See LRC Note below)

(1) After the expiration of the tax amnesty period, the department shall vigorously

pursue all civil, administrative, and criminal penalties authorized by state and

federal law for all taxes found to be due the Commonwealth.

(2) In addition to all other penalties provided under KRS 131.180, 131.410 to 131.445,

131.990, and any other law, any taxpayer who willfully fails to make a return or

willfully makes a false return, or who willfully fails to pay taxes owing or collected,

with intent to evade payment of the tax or amount collected, or any part thereof,

shall be guilty of a Class D felony.

(3) (a) Amnesty received by a taxpayer under the program described in KRS

131.400(3) shall be invalidated if:

1. The taxpayer fails to timely file any tax return or timely pay any tax and

interest due for any period ending on or after October 1, 2011, but prior

to December 1, 2023; or

2. The taxpayer fails to timely file any tax return or timely pay any tax for

any period beginning December 1, 2023, and ending within three (3)

years of the date amnesty was granted to the taxpayer.

(b) Except as provided in paragraph (d) of this subsection, if the provisions of

paragraph (a) of this subsection apply, then the civil penalties, fees, and

interest waived pursuant to KRS 131.410 shall:

1. Be reinstated;

2. Be subject to immediate collection by the department; and

3. Not be subject to protest under KRS 131.110.

(c) The department may utilize any remedy permitted under the law to collect

amounts due under this subsection, and no statute of limitations shall apply.

(d) If paragraph (a) of this subsection applies to a taxpayer as the result of an

audit or other investigation by the department, the amnesty shall not be

invalidated until the taxpayer has had the opportunity to protest as provided in

KRS 131.110, and has failed to pay the tax within thirty (30) days of the date

on which the assessment becomes final, due, and owing as provided in KRS

131.500(1).
KRS § 241.020 — KY Code / Title XX / Chapter 241 / Section 241.020
241.020 Department to administer alcoholic beverage laws, except as to collection of taxes -- Advisory opinions, rulings, and administrative regulations -- Department to administer statutes relating to cannabis-infused beverages -- Divisions of Distilled Spirits, Malt Beverages, and Tobacco, Nicotine, and Vapor Product Licensing
Status: in_force

241.020 Department to administer alcoholic beverage laws, except as to collection

of taxes -- Advisory opinions, rulings, and administrative regulations --

Department to administer statutes relating to cannabis-infused beverages --

Divisions of Distilled Spirits, Malt Beverages, and Tobacco, Nicotine, and

Vapor Product Licensing.

(1) The department shall administer statutes relating to, and regulate traffic in,

alcoholic beverages, except that the collection of taxes shall be administered by the

Department of Revenue. The department may issue advisory opinions and

declaratory rulings related to KRS Chapters 241 to 244 and the administrative

regulations promulgated under those chapters.

(2) Notwithstanding any other statute or administrative regulation to the contrary, the

department shall have authority to administer statutes relating to, and regulate the

retail licensing and distribution of, cannabis-infused beverages.

(3) A Division of Distilled Spirits, under the supervision of the board, shall administer

the laws in relation to traffic in distilled spirits, wine, and cannabis-infused

beverages.

(4) A Division of Malt Beverages, under the supervision of the board, shall administer

the laws in relation to traffic in malt beverages.

(5) A Division of Tobacco, Nicotine, and Vapor Product Licensing, under the

supervision of the division director, shall administer the laws in relation to traffic in

alternative nicotine products, tobacco products, and authorized nicotine vapor

products under KRS 438.305 to 438.350.
KRS § 186.059 — KY Code / Title XVI / Chapter 186 / Section 186.059
186.059 Operation of overweight commercial vehicle -- Ineligibility for exemption -- Department hearing -- Appeal
Status: in_force

186.059 Operation of overweight commercial vehicle -- Ineligibility for exemption -

- Department hearing -- Appeal.

(1) Operation of a commercial vehicle at a gross weight in excess of the declared gross

weight at which such vehicle is registered under subsection (8), (9), or (10) of KRS

186.050, shall make any owner or operator, otherwise entitled to a reduced fee set

out in those subsections ineligible for same for the entire license year.

(2) The department, upon receipt of information substantiated by affidavit, that any

owner or operator is operating a motor vehicle in excess of the gross weight at

which it is registered under subsection (8), (9), or (10) of KRS 186.050, may issue

notice to the owner or operator advising that he is ineligible for the reduced fee or,

that the privilege is revoked for the current license year. Within thirty (30) days of

the date of the issuance of the notice, any affected owner or operator may request a

hearing to be conducted in accordance with the provisions of KRS Chapter 13B.

Failure to request a hearing within thirty (30) days of the date of the issuance of the

notice shall make the ruling absolute, and the owner or operator shall be liable for

the payment of the fees applicable under KRS 186.050(3) for the entire license year.

(3) If a hearing is requested in accordance with the provisions of subsection (2) of this

section, the owner or operator shall not be entitled to the reduced fee during the

interim between the application for hearing and the department's final order, unless

he shall file with the department a bond in the amount of five hundred dollars

($500) per vehicle to be applied to the payment of any taxes which the department,

as a result of the hearing, may determine are due the Commonwealth.

(4) The question for determination at any hearing held at the request of an owner or

operator receiving a notice from the department shall be whether or not the owner

or operator has operated a commercial vehicle in excess of the declared gross

weight at which it is registered under subsection (8), (9), or (10) or KRS 186.050.

The burden of proof shall be upon the department to show such unlawful operation.

Any final order of the department shall be subject to appeal to the Franklin Circuit

Court in accordance with KRS Chapter 13B, and any bond posted with the

department shall be held pending the judgment of the highest court to which the

matter is appealed.
KRS § 214.560 — KY Code / Title XVIII / Chapter 214 / Section 214.560
214.560 Lung Cancer Screening Program -- Definitions and limitations for KRS 214.560 to 214.564
Status: in_force

214.560 Lung Cancer Screening Program -- Definitions and limitations for KRS

214.560 to 214.564.

(1) As used in KRS 214.560 to 214.564:

(a) "Department" means the Department for Public Health in the Cabinet for

Health and Family Services; and

(b) "Program" means the Lung Cancer Screening Program.

(2) The Lung Cancer Screening Program is hereby established within the department

for the purpose of:

(a) Increasing lung cancer screening;

(b) Reducing morbidity and mortality from lung cancer; and

(c) Reducing the cost of treating lung cancer among citizens of the

Commonwealth.

(3) The requirements of KRS 214.560 to 214.564 shall be limited to the amount of

appropriations to the department for the Lung Cancer Screening Program.
KRS § 16.530 — KY Code / Title III / Chapter 16 / Section 16.530
16.530 Membership statements and certificates
Status: in_force

16.530 Membership statements and certificates.

Under such rules and regulations as are adopted by the board, each employee becoming a

member on July 1, 1958, shall have on file at the retirement office, on such forms as the

board may prescribe, a statement of the facts pertaining to his status as a member which

shall include a detailed description of all service rendered prior to July 1, 1958. Until

such statement is filed, no member shall be entitled to receive any benefits under KRS

16.505 to 16.652. As soon as practicable after said statement is filed, the system shall

ascertain the amount of prior service, if any, to which each member is entitled and shall

issue to each member a certificate certifying the length of such service rendered by him.
KRS § 372.070 — KY Code / Title XXX / Chapter 372 / Section 372.070
372.070 Sale of land adversely held -- Subjection to claims of judgment creditor
Status: in_force

372.070 Sale of land adversely held -- Subjection to claims of judgment creditor.

(1) Any sale or conveyance, including those made under execution, of any land, or the

pretended right or title thereto, of which any other person has adverse possession at

the time of the sale or conveyance, is void; but this section does not render void any

devise of land in adverse possession.

(2) A judgment creditor, after a return on the execution of no property found, may file a

petition in equity to subject any real estate to which the defendant has legal or

equitable title even if the property is in the adverse possession of another. The

person in possession shall be made a defendant in any such action.
KRS § 30A.200 — KY Code / Title IV / Chapter 30A / Section 30A.200
30A.200 Moneys deposited with court clerks and payable to a third person
Status: in_force

30A.200 Moneys deposited with court clerks and payable to a third person.

All moneys which are deposited with the clerk and which are payable to a third person,

not the Commonwealth, or which may become payable to such third person as a result of

court action or otherwise shall:

(1) Be logged in the appropriate record of the clerk and the person paying or depositing

the money shall be given a receipt;

(2) Be deposited daily in a bank approved as a state depository bank in a special escrow

account or accounts subject to the clerk's withdrawal as required in the daily course

of the clerk's business or as may be ordered by a court; and

(3) Not be subject to the provisions of KRS Chapter 41 relating to the deposit of money

in the State Treasury until by action of a court, such as forfeiture of a bond, the

money is due and owing to the Commonwealth.
KRS § 382.295 — KY Code / Title XXXII / Chapter 382 / Section 382.295
382.295 Recording master form for mortgages -- Incorporation by reference of contents
Status: in_force

382.295 Recording master form for mortgages -- Incorporation by reference of

contents.

(1) An instrument containing forms of covenants, conditions, obligations, powers, and

other clauses of a mortgage may be recorded in the county clerk's office of any

county, and the county clerk of such county, upon the request of any person, on

tender of the lawful fees therefor, shall record the same. Every such instrument shall

be entitled on the face thereof as a "Master form recorded by .... (name of person

causing the instrument to be recorded)." The instrument need not be acknowledged

to be entitled to record.

(2) When any such instrument is recorded, the county clerk shall index the instrument

under the name of the person causing it to be recorded in the manner provided for

miscellaneous instruments relating to real estate.

(3) After the form mentioned in subsection (1) of this section is recorded, any of the

provisions of such master form instrument may be incorporated by reference in any

mortgage of real estate situated within this state, if the reference in the mortgage

states that the master form instrument was recorded in the county in which the

mortgage is offered for record and states the date when and the book and page or

pages where the master form instrument was recorded. The recording of any

mortgage which has so incorporated by reference therein any of the provisions of a

master form instrument recorded as provided in this section shall have like effect as

if the provisions of the master form so incorporated by reference had been set forth

fully in the mortgage.
KRS § 431.4505 — KY Code / Title XL / Chapter 431 / Section 431.4505
431.4505 Modification of uniform citation to include alcohol concentration and testing information
Status: in_force

431.4505 Modification of uniform citation to include alcohol concentration and

testing information.

The Justice and Public Safety Cabinet shall modify the uniform citation form to include

spaces where the peace officer may include:

(1) The alcohol concentration in cases of violation of KRS 189A.010; and

(2) Whether the defendant did take, refused to take, or was unable to take for some

reason (to be specified on the citation), the alcohol concentration or drug test or

tests specified by the peace officer following an arrest for violation of KRS

189A.010.
KRS § 528.020 — KY Code / Title L / Chapter 528 / Section 528.020
528.020 Promoting gambling in the first degree
Status: in_force

528.020 Promoting gambling in the first degree.

(1) A person is guilty of promoting gambling in the first degree when he knowingly

advances or profits from unlawful gambling activity by:

(a) Engaging in bookmaking to the extent that he employs or utilizes three or

more persons in a bookmaking activity and receives or accepts in any one day

bets totaling more than $500; or

(b) Receiving in connection with a lottery or mutuel scheme or enterprise:

1. Money or written records from a person other than a player whose

chances or plays are represented by such money or records; or

2. More than $500 in any one day of money played in the scheme or

enterprise; or

(c) Setting up and operating a gambling device.

(2) Promoting gambling in the first degree is a Class D felony.
KRS § 382.300 — KY Code / Title XXXII / Chapter 382 / Section 382.300
382.300 Duty of clerk concerning instruments lodged for record -- Reproduction of clerk's signature on photographic copy
Status: in_force

382.300 Duty of clerk concerning instruments lodged for record -- Reproduction of

clerk's signature on photographic copy.

(1) Every county clerk shall record all deeds, mortgages and powers of attorney that are

lodged for record, properly certified, or that are acknowledged or proved before him

as required by law. He shall also record the certificates endorsed on such

instrument, and shall certify the time when the instrument was lodged in his office

for record. If acknowledged or proved before him, he shall also certify the time of

acknowledgment or proof, and by whom proved, and that the instrument and the

certificate thereon have been duly recorded in his office.

(2) Whenever, either heretofore or hereafter, any recordable instrument of writing

bearing the certificate of the clerk showing its recording shall have been copied of

record by any photographic, photocopying, or other mechanical process for

reproducing on the record the instrument and certificate, the clerk's signature, by

either the clerk or his deputy, so reproduced with such certificate shall have the

same effect as if subscribed by the clerk on the record.
KRS § 196.703 — KY Code / Title XVII / Chapter 196 / Section 196.703
196.703 Inspection powers of commission
Status: in_force

196.703 Inspection powers of commission.

The commission or one (1) or more of its members may visit and inspect any state penal

institution and may inform and advise the commissioner of the Department of Corrections

in regard to the institution's physical or other condition, its discipline, management, and

program, and its general adequacy or inadequacy. The commission or a majority of its

members shall have full access to the grounds and buildings and to the books and records

belonging or relating to the institution, as well as the right to subpoena witnesses, take

proof, or hear testimony under oath relating to the institution.
KRS § 431.523 — KY Code / Title XL / Chapter 431 / Section 431.523
431.523 Bail for nonresidents charged with driving under the influence
Status: in_force

431.523 Bail for nonresidents charged with driving under the influence.

(1) Bail for persons who are not residents of Kentucky who are charged with a violation

of KRS 189A.010 shall be five hundred dollars ($500) unless the defendant was

involved in a motor vehicle accident in which property damage or physical injury to

a person was involved in which case bail shall be one thousand five hundred dollars

($1,500). In the event of serious physical injury or death the minimum amount of

bail shall be five thousand dollars ($5,000).

(2) No court shall release a person charged with a violation of KRS 189A.010 who is

not a resident of Kentucky without the imposition of bail as required by subsection

(1) of this section. Bail in subsection (1) of this section shall be accepted in the full

cash amount only, or with court approved surety for that amount, and no other form

of bail shall be acceptable.
KRS § 281.626 — KY Code / Title XXIV / Chapter 281 / Section 281.626
281.626 U-Drive-It certificates
Status: in_force

281.626 U-Drive-It certificates.

Any person who operates as a U-Drive-It and rents vehicles for less than sixty (60) days

shall obtain a U-Drive-It certificate prior to beginning operations. Any person who

operates as a U-Drive-It and rents or leases vehicles for sixty (60) days or more may

obtain a U-Drive-It certificate
KRS § 217B.220 — KY Code / Title XVIII / Chapter 217B / Section 217B.220
217B.220 Issuance of subpoenas
Status: in_force

217B.220 Issuance of subpoenas.

The department may issue subpoenas to compel the attendance of witnesses or production

of books, documents, and records anywhere in the state in any hearing affecting the

authority or privilege granted by a license or registration issued under the provisions of

this chapter.
KRS § 394.680 — KY Code / Title XXXIV / Chapter 394 / Section 394.680
394.680 Short title
Status: in_force

394.680 Short title.

KRS 394.610 to 394.670 may be cited as the Uniform Disclaimer of Transfers by Will,

Intestacy, or Appointment Act.
KRS § 149.425 — KY Code / Title XII / Chapter 149 / Section 149.425
149.425 Warning signs on highway
Status: in_force

149.425 Warning signs on highway.

The state Department of Highways is authorized to purchase and erect warning signs

along the roads and highways of this state advising the public of the provisions of

subsection (1) of KRS 149.370 and the penalty for violation thereof.
KRS § 220.571 — KY Code / Title XVIII / Chapter 220 / Section 220.571
220.571 Assessment of costs -- Lien -- Payment -- Effect of nonpayment
Status: in_force

220.571 Assessment of costs -- Lien -- Payment -- Effect of nonpayment.

For facilities designed to serve the construction subdistrict the district may, pursuant to

KRS 220.555, adopt a method of assessment of benefited property on the basis of acreage

or any other equitable basis set forth in the order and notify property owners affected by

one (1) publication in a newspaper of general circulation in the county of the costs

apportioned and the amounts assessed and levied on the various tracts of land liable for

the payment. From that date the assessment shall constitute a lien against the property.

The landowner may pay the assessment in full at any time within thirty (30) days after

notice of assessment; provided, however, that if assessments are levied in accordance

with KRS 107.010 to 107.220 the assessment cannot be paid in full within thirty (30)

days. Every property owner not paying the full amount of his assessment within thirty

(30) days shall be presumed to have consented to the issuing of sewer or drainage

construction bonds. Liens may be recorded in any manner that any other statutory lien can

be recorded.
KRS § 433.885 — KY Code / Title XL / Chapter 433 / Section 433.885
433.885 Penalties
Status: in_force

433.885 Penalties.

(1) Any violation of KRS 433.873 to 433.877 or 433.879(1) shall be punished as a

Class A misdemeanor.

(2) Any violation of KRS 433.879(3) or 433.881 shall be punished as a Class B

misdemeanor.