FrankGoortani/open-us-law huggingface dataset:
KRS § 365.265 — KY Code / Title XXIX / Chapter 365 / Section 365.265
365.265 Legislative findings
Status: in_force

365.265 Legislative findings.

(1) The General Assembly hereby finds and declares as follows:

(a) Cigarettes, because of their standardized character, their great popularity, their

widespread and varied types of markets and methods of distribution and the

sensitivity of their distribution to price fluctuations, possess a distinct

marketing character and, the economic facts and circumstances peculiar to

their distribution, require special and individualized treatment of the problems

created by the sale of cigarettes below cost.

(b) The sale of cigarettes below cost for the purpose of destroying or substantially

lessening competition is inimical to the orderly and efficient collection by the

Commonwealth of excise taxes on cigarettes and taxes from the licensing of

persons engaged in the sale of cigarettes at wholesale and retail.

(c) The sale of cigarettes below cost for the purpose of destroying or substantially

lessening competition is an unfair business practice, which tends to be

disorganizing in the sale and distribution of cigarettes, and ultimately fosters

monopoly and high prices by tending to force independent wholesalers and

retailers out of business.

(2) The General Assembly hereby declares it to be the policy of this Commonwealth to

promote the public welfare by prohibiting the sale of cigarettes below cost, and it is

the purpose of KRS 365.280 to carry out that policy in the public interest.
KRS § 164.0282 — KY Code / Title XIII / Chapter 164 / Section 164.0282
164.0282 Duties of Council on Postsecondary Education as to professional education preparation programs
Status: in_force

164.0282 Duties of Council on Postsecondary Education as to professional

education preparation programs.

The Council on Postsecondary Education shall:

(1) Employ a director and sufficient staff to administer the professional education

preparation programs;

(2) Formulate guidelines and policies governing program activities and fund

expenditures;

(3) Allocate funds to appropriate agencies, organizations, and institutions for the

purpose of conducting activities approved in accordance with guidelines and

policies;

(4) Recognize regional groups made up of professionals, educators, and consumers,

which shall serve in an advisory capacity to the council in accordance with

guidelines and policies;

(5) Recognize a group made up of professionals, educators, and consumers which shall

serve in an advisory capacity to the council on all program matters;

(6) Develop and maintain a mechanism for evaluating the impact of the program

activities on admissions to, and graduation from, professional schools, and on

professional manpower distribution;

(7) Conduct specific program activities which are beyond the capability of a single

institution, agency, or organization, or when it is determined that it would be

inappropriate for such institutions, agencies, or organizations to conduct the

activity;

(8) Establish liaison with and provide assistance to the Kentucky Board of Education in

developing counseling and other related programs to encourage students from

shortage areas to prepare for professional careers;

(9) Coordinate the development of a financial support system to enable potential

professional students in underserved areas which will enhance their ability to apply

for, be admitted to, and graduate from professional education programs;

(10) Report at least annually to the appropriate committees and interim committees of

the General Assembly on the operation of the program.
KRS § 342.809 — KY Code / Title XXVII / Chapter 342 / Section 342.809
342.809 Election of officers -- Quorum -- Compensation -- Ex officio members of board
Status: in_force

342.809 Election of officers -- Quorum -- Compensation -- Ex officio members of

board.

(1) The board shall elect a chair and other officers it deems necessary from its

members. The Governor shall make the initial appointments to the board as follows:

three (3) members shall be appointed to terms that expire December 31, 1995, and

four (4) members shall be appointed to terms that expire December 31, 1997.

Subsequent members shall serve terms of four (4) years and shall serve until their

successors are appointed and qualified.

(2) Senate confirmation of the Governor's appointees is required in accordance with the

provisions of KRS 11.160. If a member is not confirmed by the Senate, the

Governor, within thirty (30) days of the rejection, shall make another appointment.

That member shall serve the remainder of the term in question and shall also be

subject to confirmation should the term extend until the next regular session, or a

special session which includes this subject on the call, whichever occurs earlier.

(3) Six (6) members shall constitute a quorum. The board shall meet at least quarterly

and at such other times as the chair may determine. The board shall also meet upon

the call of four (4) or more of the members of the board.

(4) On July 15, 1998, each member, except the secretaries of the cabinets, shall be

compensated eight thousand five hundred dollars ($8,500) annually, and beginning

on July 15, 1999, twelve thousand dollars ($12,000) annually. In addition, the

members of the board, except the secretaries of the cabinets, shall be reimbursed for

necessary travel and lodging expenses in accordance with administrative regulations

promulgated by the Cabinet for Finance and Administration for state employees.

(5) A board member, except the secretaries of the cabinets, may be removed for cause

by the board. Cause shall include, but not be limited to, incompetence or

misconduct defined in policies or bylaws adopted by the board.
KRS § 272.211 — KY Code / Title XXIII / Chapter 272 / Section 272.211
272.211 Powers of association
Status: in_force

272.211 Powers of association.

An association has the following powers:

(1) To engage in any activity in connection with the producing, marketing, selling,

harvesting, preserving, drying, processing, canning, packaging, grading, storing,

handling, or utilization of any agricultural products produced or delivered to it by its

members and others; or the manufacturing or marketing of the by-products thereof;

or in connection with the purchase, hiring, or use by its members and others of

supplies, machinery, or furnishing services of economic or educational nature; or in

any one (1) or more of the activities specified in this section;

(2) To limit its business activities to those performed only for its members. If an

association transacts business with nonmembers, the same must not exceed in

amount the total business transacted by the association for its members;

(3) To borrow money without limitation as to amount of indebtedness, and to make

advances to members and others;

(4) To act as the agent or representative of any members, or others, in any of the

activities referred to in subsection (1) of this section;

(5) To acquire, hold, own, and sell, transfer, pledge or guarantee the payment of

dividends or interest on, or in the retirement or redemption of, shares of the capital

stock or bonds of any association or corporation;

(6) To establish and accumulate reasonable reserves;

(7) To buy, hold, and exercise all privileges of ownership, over such real or personal

property as is necessary or convenient for the conduct and operation of, or

incidental to, the business of the association;

(8) To do each and every thing necessary, suitable, or proper for the accomplishment of

any one (1) or more of the purposes, or the attainment of any one or more of the

objectives herein enumerated; or conducive to or expedient for the interest or

benefit of the association; and to contract accordingly; and to exercise and possess

all powers, rights, and privileges necessary or incidental to the purposes for which

the association is organized or to the activities in which it is engaged; and in

addition, any other rights, powers, and privileges granted by the laws of this state to

corporations generally, except such as are inconsistent with the express provisions

of KRS 272.101 to 272.341, and to do any such thing anywhere; and

(9) To sue and be sued in its corporate name.
KRS § 39A.060 — KY Code / Title V / Chapter 39A / Section 39A.060
39A.060 Nature and scope of comprehensive program -- Director under direction of adjutant general
Status: in_force

39A.060 Nature and scope of comprehensive program -- Director under direction

of adjutant general.

The General Assembly recognizes that the nature and scope of the activities necessary to

develop and to administer a statewide comprehensive emergency management program,

together with an integrated emergency management system requires the full support,

cooperation, and active participation of all cabinets, departments, divisions, offices, or

agencies of state government, local elected officials, local public agencies or entities,

special districts, political subdivisions of the Commonwealth, volunteer organizations,

individual citizens, and the private sector in this Commonwealth. To provide effective

executive leadership for a program area of such broad scope and to ensure the

professional administration of the comprehensive emergency management program and

integrated emergency management system of the Commonwealth, the General Assembly

declares:

(1) The Division of Emergency Management shall be headed by a director

recommended by the Adjutant General and appointed by the Governor; and

(2) The director shall have the powers, rights, responsibilities, and authorities, as

provided in KRS Chapters 39A to 39F, or other laws, and shall carry out all duties

under the general direction of the Adjutant General of the Department of Military

Affairs.
KRS § 106.260 — KY Code / Title IX / Chapter 106 / Section 106.260
106.260 Form of bonds -- Improvement or refunding bonds -- Negotiability -- Procedure for sale
Status: in_force

106.260 Form of bonds -- Improvement or refunding bonds -- Negotiability --

Procedure for sale.

(1) Bonds issued pursuant to this chapter by water district commissioners and by a

legislative body of a municipality may be issued in one (1) or more series, may bear

a date or dates, may mature at a time or times, not exceeding forty (40) years from

their respective dates, may be in a denomination or denominations, may be in a

form, either coupon or registered, may carry registration and conversion privileges,

may be executed in a manner, may be payable in a medium of payment, at a place or

places, may be sold or hypothecated in blocks, and may be subject to the terms of

repurchase or redemption of all or any of the bonds before maturity in a manner,

and at a price or prices as may be fixed by the board prior to the sale of the bonds.

(2) The board at any time may issue and sell revenue bonds to finance improvement or

issue and sell refunding bonds for the purpose of providing funds for the payment of

any outstanding bonds issued in accordance with the provisions of this chapter. The

new bonds shall be issued, sold, and secured in accordance with the provisions of

this chapter for the issuance of the original revenue bonds.

(3) All revenue bonds issued pursuant to the provisions of this chapter in the hands of

bona fide holders, shall have all the qualities and incidents of negotiable

instruments under the law merchant. All bonds shall be sold to the highest

responsible bidder at a time and place as shall have been fixed by the board in the

notice of the sale of the bonds, which notice shall have been advertised by

publication pursuant to KRS Chapter 424. The board shall receive written, sealed

competitive bids, which shall be publicly opened and read at the time and place

specified in the notice of sale. The board may reject all bids and readvertise.
KRS § 160.065 — KY Code / Title XIII / Chapter 160 / Section 160.065
160.065 Liability for indebtedness in case of annexation
Status: in_force

160.065 Liability for indebtedness in case of annexation.

When any property assessable for school purposes in one school district is annexed by or

transferred to another school district, the recipient district shall assume a part of the

indebtedness, if any, of the other school district incurred for school buildings and grounds

in the proportion the assessed valuation of property taxable for school purposes

transferred bears to the total assessed valuation of property taxable for school purposes in

the district losing the territory.
KRS § 98.330 — KY Code / Title IX / Chapter 98 / Section 98.330
98.330 By agreement department may succeed to property and functions of board of city-county children's home
Status: in_force

98.330 By agreement department may succeed to property and functions of board

of city-county children's home.

By agreement between the fiscal court of the county and the mayor and the board of

aldermen of the city, the department may succeed to the property and functions of the

board of a city-county children's home established under Chapter 201, Kentucky Revised

Statutes, to any extent as to management, operation, maintenance and ownership as said

agreement may authorize and direct. In the event that such agreement so provides, the

board of the city-county children's home shall take all proper steps to effect the legal

transfer of title to its property as directed by said agreement.
KRS § 319B.040 — KY Code / Title XXVI / Chapter 319B / Section 319B.040
319B.040 Powers permitted to board -- Administrative regulations and services -- Disciplinary powers and procedures -- Retired or inactive licensure status -- Private letter rulings
Status: in_force

319B.040 Powers permitted to board -- Administrative regulations and

services -- Disciplinary powers and procedures -- Retired or inactive

licensure status -- Private letter rulings.

The board may:

(1) Employ needed personnel and contract with the Department of Professional

Licensing within the Public Protection Cabinet for the provision of

administrative services;

(2) Issue subpoenas, examine witnesses, pay appropriate witness fees, administer

oaths, and investigate allegations of practices violating the provisions of this

chapter;

(3) Seek injunctive relief in the Circuit Court of the county where the violation

occurred to stop the unlawful practice of prosthetics, orthotics, and pedorthics

by unlicensed persons;

(4) Conduct hearings pursuant to KRS Chapter 13B and keep records and

minutes necessary to carry out the functions of this chapter;

(5) Suspend or revoke licenses, impose supervisory or probationary conditions

upon licensees, impose administrative disciplinary fines, issue written

reprimands or admonishments, or impose any combination of these penalties;

(6) Grant retired or inactive licensure status under conditions set forth by the board

by the promulgation of administrative regulations; and

(7) Issue advisory private letter rulings to any affected licensee who makes such a

request regarding any matters within the board's primary jurisdiction. Any

private letter ruling shall affect only the person making the inquiry and shall

have no precedential value for any other inquiry or future contested case that

might come before the board. Any dispute regarding a private letter ruling may,

if the board chooses to do so, be resolved pursuant to KRS Chapter 13B.
KRS § 407.5103 — KY Code / Title XXXV / Chapter 407 / Section 407.5103
407.5103 Remedies under KRS 407.5101 to 407.5902 cumulative
Status: in_force

407.5103 Remedies under KRS 407.5101 to 407.5902 cumulative.

(1) Remedies provided by KRS 407.5101 to 407.5902 are cumulative and do not affect

the availability of remedies under other law or the recognition of a foreign support

order on the basis of comity.

(2) The provisions of KRS 407.5101 to 407.5902 do not:

(a) Provide the exclusive method of establishing or enforcing a support order

under the law of this state; or

(b) Grant a tribunal of this state jurisdiction to render judgment or issue an order

relating to child custody or visitation in a proceeding governed under the

Uniform Interstate Family Support Act as provided in KRS 407.5101 to

407.5902.
KRS § 217.390 — KY Code / Title XVIII / Chapter 217 / Section 217.390
217.390 Adulterated food found in food establishment to be tagged -- Disposition
Status: in_force

217.390 Adulterated food found in food establishment to be tagged -- Disposition.

(1) When any duly authorized officer mentioned in KRS 217.380 finds any article of

food that is adulterated, or any other article or substance that is detrimental to public

health, the article shall be tagged or otherwise properly marked, giving notice that

the product is suspected of being adulterated or detrimental to public health and has

been quarantined, and warning all persons not to remove it until given permission

by the officer or the courts.

(2) No person shall remove or otherwise dispose of such article in violation of this

section.

(3) The officer shall then petition the judge of the District Court in the judicial circuit in

which the article is found, for the condemnation and destruction of the article. The

owner or defender of the article shall be given the right to a hearing, first before the

officer, if desired, and before the court. The notice of a hearing before the officer

shall state the length of time within which the hearing may be had.

(4) If the finding of the court is with the officer, the article shall be destroyed at the

expense of the owner, or by the owner under the supervision of the officer. The

costs shall be taxed against the owner or defender of the property, if he appears. If

no one appears, the costs shall be collected against the owner or agent properly

ascertained.
KRS § 262.660 — KY Code / Title XXI / Chapter 262 / Section 262.660
262.660 Rules and regulations or methods of accounting -- Administrative regulations
Status: in_force

262.660 Rules and regulations or methods of accounting -- Administrative

regulations.

(1) The commission, with the approval of the commissioner of the Department for

Natural Resources, is hereby authorized to promulgate such other rules and

regulations or methods of accounting as may be necessary or expedient to give

effect to the purposes expressed in KRS 262.610 to 262.650.

(2) On or before January 1, 2024, the commission, with the approval of the

commissioner of the Department for Natural Resources, shall promulgate

administrative regulations pursuant to KRS Chapter 13A that shall at a minimum

set forth:

(a) The form and manner in which a person and a district may jointly request the

acquisition of heavy or specialized equipment pursuant to KRS 262.610(1)(c),

including but not limited to any financial or other disclosures the commission

may require;

(b) The terms, conditions, and repayment of loans for heavy or specialized

equipment that the commission makes available to districts for rent or lease to

persons within those districts;

(c) The terms and conditions for rental or lease agreements between districts and

persons for the use of acquired heavy or specialized equipment, including but

not limited to permissible uses of the equipment, care and maintenance of the

equipment, liability assumptions for property damage or bodily injury caused

by the equipment, insurance requirements, availability of the equipment for

use by others in the district, and the keeping of public records regarding the

use of the equipment. Notwithstanding any provision of this chapter or KRS

Chapter 42 or 45A to the contrary, lease agreements shall allow lessees to use

acquired heavy or specialized equipment outside of their own lands, and with

prior approval of the board for the leasing district, on lands outside of their

districts; and

(d) The proportion of time that lessees or renters shall use the acquired heavy or

specialized equipment on their own lands and the proportion of time that the

heavy or specialized equipment shall be used on the lands of others.
KRS § 173.600 — KY Code / Title XIV / Chapter 173 / Section 173.600
173.600 Revenue bonds
Status: in_force

173.600 Revenue bonds.

Public library districts may, in addition to all other methods provided by law, acquire,

construct, and improve library facilities through the issuance of revenue bonds under the

terms and provisions of KRS 58.010 to 58.140.
KRS § 146.350 — KY Code / Title XII / Chapter 146 / Section 146.350
146.350 Enforcement
Status: in_force

146.350 Enforcement.

It shall be the duty of the cabinet's Office of Legal Services, or upon the secretary's

request, of the Attorney General, to bring an action for the recovery of the penalties

provided for in KRS 146.990 and to bring an action for a restraining order, temporary or

permanent injunction, for the prevention or correction of a condition constituting or

threatening to constitute a violation of KRS 146.200 to 146.619. All actions for injunctive

relief for violation of KRS 146.200 to 146.619 shall be brought in the name of the

Commonwealth of Kentucky by the cabinet's Office of Legal Services, or upon the

secretary's request, by the Attorney General in the Franklin Circuit Court. If the action

seeks recovery of penalties in addition to injunctive relief, it shall be brought to one (1) of

the counties through which the designated portion of the river runs.