FrankGoortani/open-us-law huggingface dataset:
KRS § 278.440 — KY Code / Title XXIV / Chapter 278 / Section 278.440
278.440 Evidence to be heard by court -- Remand
Status: in_force

278.440 Evidence to be heard by court -- Remand.

Any action brought under KRS 278.410 shall be heard and decided by the court upon the

evidence submitted to the commission as shown by the record, and no other evidence

shall be received. If any party satisfies the court that evidence has been discovered since

the hearing before the commission that could not have been obtained for use at that

hearing by the exercise of reasonable diligence and will materially affect the merits of the

case, the court may remand the record and proceedings to the commission, with directions

to take the newly-discovered evidence, and after consideration thereof, enter and file a

proper order, which may be reviewed in the same manner as any other final order of the

commission.
KRS § 341.260 — KY Code / Title XXVII / Chapter 341 / Section 341.260
341.260 Payment of contributions by employer -- Guarantee and liability of contractor
Status: in_force

341.260 Payment of contributions by employer -- Guarantee and liability of

contractor.

(1) Contributions shall accrue and become payable by each subject employer for

each calendar year in which he is subject to this chapter. Such contributions

shall be based upon wages paid during such calendar year for covered

employment. Such contributions shall become due and be paid at the offices of

the Office of Unemployment Insurance in Frankfort by each subject employer

to the office for the fund in accordance with such regulations as the secretary

prescribes, and shall not be deducted in whole or in part from the wages of

workers in his employ. In the payment of any contributions, a fractional part of

a cent shall be disregarded, unless it amounts to one-half cent ($0.005) or

more, in which case it shall be increased to one cent ($0.01).

(2) Any contractor, who is or becomes a subject employer under the provisions of

this chapter, who contracts with any subcontractor, who also is or becomes a

subject employer under the provisions of this chapter, shall withhold sufficient

moneys on said contract to guarantee that all contributions, penalties, and

interest are paid upon completion of said contract, or shall require of said

subcontractor a good and sufficient bond guaranteeing payment of all

contributions, penalties, and interest due, or to become due with respect to

wages paid for employment on said contract. Failure to comply with the

provisions of this section shall render said contractor directly liable for such

contributions, penalties, and interest due from said subcontractor and the

wages paid by said subcontractor shall be deemed wages paid by the said

contractor with respect to the same periods for all purposes under this chapter,

and liens of the same nature are attachable and enforceable in the same

manner as liens under KRS 341.310 and 341.315. A person, employing unit, or

entity that enters into a verbal or written agreement with another, or between

which there exists an implied contract based upon the circumstances, conduct,

or acts or relations of the parties:

(a) To have work performed consisting of the removal, excavation or drilling

of soil, rock, or mineral, or the cutting or removal of timber from land; or

(b) To have work performed of a kind which is a customary or a recurrent

part of the work of the trade, business, occupation, or profession of such

person or entity, shall for the purposes of this subsection be deemed a

contractor, and such other person or entity a subcontractor. This

subsection shall not apply to the owner or lessee of land principally used

for agriculture.
KRS § 15.733 — KY Code / Title III / Chapter 15 / Section 15.733
15.733 Disqualification of prosecuting attorney -- Appointment of a special prosecutor
Status: in_force

15.733 Disqualification of prosecuting attorney -- Appointment of a special

prosecutor.

(1) For the purposes of this section the following words or phrases shall have the

meaning indicated:

(a) "Proceeding" includes pretrial, trial, appellate review, or other stages of

litigation;

(b) "Fiduciary" includes such relationships as executor, administrator,

conservator, trustee, and guardian;

(c) "Financial interest" means ownership of a legal or equitable interest, however

small, or a relationship as director, adviser, or other active participant in the

affairs of a party, except that:

1. Ownership in a mutual or common investment fund that holds securities,

or a proprietary interest of a policyholder in a mutual insurance

company, of a depositor in a mutual savings association, or a similar

proprietary interest, or ownership of government securities is a

"financial interest" only if the outcome of the proceeding could

substantially affect the value of the interest;

2. An office in an educational, religious, charitable, fraternal, or civil

organization is not a "financial interest" in securities held by the

organization.

(2) Any prosecuting attorney shall disqualify himself in any proceeding in which he or

his spouse, or a member of his immediate family either individually or as a

fiduciary:

(a) Is a party to the proceeding, or an officer, director, or trustee of a party;

(b) Is acting as a lawyer in the proceeding;

(c) Is known by the prosecuting attorney to have an interest that could be

substantially affected by the outcome of the proceeding;

(d) Is to the prosecuting attorney's knowledge likely to be a material witness in

the proceeding;

(e) Has served in private practice or government service, other than as a

prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in

controversy;

(f) Has a financial interest in the subject matter in controversy or in a party to the

proceeding, or any other interest that could be substantially affected by the

outcome of the proceeding.

(3) Any prosecuting attorney may be disqualified by the court in which the proceeding

is presently pending, upon a showing of actual prejudice.

(4) In the event that a prosecuting attorney is disqualified, he shall certify such fact in

writing to the Attorney General who may direct another Commonwealth's attorney

or county attorney or an assistant attorney general as a special prosecutor to

represent the Commonwealth in that proceeding.
KRS § 273A.090 — KY Code / Title XXIII / Chapter 273A / Section 273A.090
273A.090 Membership interest not transferable
Status: in_force

273A.090 Membership interest not transferable.

Except as otherwise provided in the governing principles of the association, a member's

interest or any right under the governing principles is not transferable.
KRS § 317A.030 — KY Code / Title XXVI / Chapter 317A / Section 317A.030
317A.030 Board of Cosmetology -- Membership -- Compensation
Status: in_force

317A.030 Board of Cosmetology -- Membership -- Compensation.

(1) There is created an independent agency of the state government to be known as the

Kentucky Board of Cosmetology, which shall have complete supervision over the

administration of the provisions of this chapter relating to cosmetology,

cosmetologists, schools of cosmetology, or esthetic practices or nail technology,

students, estheticians, nail technicians, instructors of cosmetology, instructors of

esthetic practices, or instructors of nail technology, cosmetology salons, esthetic

salons, and nail salons.

(2) The board shall be composed of seven (7) members appointed by the Governor as

follows:

(a) Four (4) of the members shall have been cosmetologists five (5) years prior to

their appointment and shall reside in Kentucky:

1. Two (2) of whom shall be cosmetology salon owners;

2. One (1) of whom shall be a cosmetology teacher in public education and

shall not own any interest in a cosmetology salon; and

3. One (1) of whom shall be an owner of or one who shall have a financial

interest in a licensed cosmetology school and shall be a member of a

nationally recognized association of cosmetologists;

(b) One (1) member shall be a licensed nail technician;

(c) One (1) member shall be a licensed esthetician;

(d) One (1) member shall be a citizen at large who is not associated with or

financially interested in the practices or businesses regulated; and

(e) None of whom nor the executive director shall be financially interested in, or

have any financial connection with, wholesale cosmetic supply or equipment

businesses.

At all times in the filling of vacancies of membership on the board, this balance of

representation shall be maintained.

(3) Appointments shall be for a term of two (2) years, ending on February 1.

(4) The Governor shall not remove any member of the board except for cause.

(5) The board shall elect from its members a chair, a vice chair, and a secretary.

(6) Four (4) members shall constitute a quorum for the transaction of any board

business.

(7) Each member of the board shall receive one hundred dollars ($100) per day for each

day of attendance at board meetings, and shall be reimbursed for necessary

traveling expenses and necessary expenses incurred in the performance of duties

pertaining to official business of the board.

(8) The board shall hold meetings at the place in the state and at the times deemed

necessary by the board to discharge its duties.
KRS § 437.060 — KY Code / Title XL / Chapter 437 / Section 437.060
437.060 Use of reptiles in religious services
Status: in_force

437.060 Use of reptiles in religious services.

Any person who displays, handles or uses any kind of reptile in connection with any

religious service or gathering shall be fined not less than fifty dollars ($50) nor more than

one hundred dollars ($100).
KRS § 67A.480 — KY Code / Title IX / Chapter 67A / Section 67A.480
67A.480 Medical examination to determine disability -- Certification of examining physicians -- Rehearing or judicial review
Status: in_force

67A.480 Medical examination to determine disability -- Certification of

examining physicians -- Rehearing or judicial review.

(1) For the purpose of KRS 67A.360 to 67A.690, a member shall be considered

totally and permanently disabled after the board has received written

certification by at least two (2) licensed and practicing physicians selected by

the board that the member is totally and likely to be permanently disabled for

the further performance of the duties of any assigned position in the service of

the department.

(2) For members who make an application for total and permanent occupational

disability, at least two (2) licensed and practicing physicians selected by the

board must also certify in writing that the member's disability is due to an

occupational cause. If such physicians do not concur as to whether the

member's disability is due to an occupational cause, the board may, with the

consent of the member, grant the member a disability retirement due to a

cause other than occupational disability under the provisions of KRS 67A.470.

(3) If upon consideration of the report of such physicians as provided by

subsections (1) and (2) of this section and such other evidence as shall have

been presented to it by the member or others interested therein, the board

finds the member to be totally and permanently disabled, it shall grant him a

disability retirement annuity upon written certification that the member has

been separated from the service of the government because of total disability

of such nature as to reasonably prevent further service for the employer, and

as a consequence is not entitled to compensation from the government.

(4) Nothing contained in this section shall be construed to limit the ability of a

member to seek a rehearing in accordance with KRS 67A.660 or judicial review

in accordance with KRS 67A.670 of a disability determination or calculation of

a disability retirement annuity by the board.
KRS § 147.090 — KY Code / Title XII / Chapter 147 / Section 147.090
147.090 Preparation and coordination of major state improvement projects
Status: in_force

147.090 Preparation and coordination of major state improvement projects.

The Governor's Cabinet shall prepare and keep up to date a long-term development

program of major state improvement projects. The various state agencies and officers

shall prepare and submit to the cabinet their proposals for major projects. The cabinet

shall coordinate such plans and proposals with each other and with the general plans of

the cabinet, and as a result submit to the Governor and General Assembly a report at least

once every two (2) years, showing the cabinet's recommendations and program for

improvement projects.
KRS § 68.300 — KY Code / Title IX / Chapter 68 / Section 68.300
68.300 Expenditures in excess of budget fund void and illegal
Status: in_force

68.300 Expenditures in excess of budget fund void and illegal.

Any appropriation made or claim allowed by the fiscal court in excess of any budget

fund, and any warrant or contract not within the budget appropriation, shall be void. No

member of the fiscal court shall vote for any such illegal appropriation or claim. The

county treasurer shall be liable on his official bond for the amount of any county warrant

willfully or negligently signed or countersigned by him in excess of the budget fund out

of which the warrant is payable.
KRS § 58.610 — KY Code / Title VII / Chapter 58 / Section 58.610
58.610 Issuance by school districts, county and city government, or special district -- Special procedure
Status: in_force

58.610 Issuance by school districts, county and city government, or special district -

- Special procedure.

(1) Energy conservation revenue bonds authorized under KRS 58.600 to 58.610 issued

by or on behalf of a school district shall be approved or disapproved by the chief

state school officer based on consideration of the following criteria:

(a) Funding capability of the school;

(b) The availability of general fund, capital outlay allotment under KRS 157.420,

or state and local funds from the Facility Support Program of Kentucky under

KRS 157.440, that are to be contributed by the school district as capital cost

avoidance; and

(c) Proper bond documentation.

(2) Guaranteed energy savings and guaranteed operational savings of a guaranteed

energy savings contract shall be exempt from current or future debt limitations,

except that capital cost avoidance, as defined in KRS 58.600, shall not be exempt

from current or future debt limitations.

(3) No energy conservation revenue bonds authorized under KRS 58.600 to 58.610

shall be issued by or on behalf of a county, urban-county government, charter

county government, city, or special district without the prior approval of the state

local debt officer, except that this approval shall not be required if the principal

amount of energy conservation revenue bonds is less than five hundred thousand

dollars ($500,000).

(4) Any issuance of energy conservation revenue bonds shall be reported to the state

local debt officer.
KRS § 362.475 — KY Code / Title XXIX / Chapter 362 / Section 362.475
362.475 Liability upon return of contributions
Status: in_force

362.475 Liability upon return of contributions.

(1) (a) If a partner receives the return of any part of his contribution without violation

of the partnership agreement or KRS 362.403 to 362.525, he shall be liable to

the limited partnership for a period of one (1) year thereafter for the amount of

the returned contribution, without interest, but only to the extent necessary to

discharge the limited partnership's liabilities to creditors who extended credit

to the limited partnership during the period the contribution was held by the

limited partnership.

(b) If a partner receives the return of any part of his contribution in violation of

the partnership agreement or KRS 362.403 to 362.525, he shall be liable to the

limited partnership for a period of six (6) years thereafter for the amount of

the contribution, without interest, wrongfully returned.

(2) A partner shall receive a return of his contribution to the extent that a distribution to

him reduces his share of the fair value of the net assets of the limited partnership

below the value, as set forth in the partnership records required to be kept pursuant

to KRS 362.409, of his contribution which has not been distributed to him.
KRS § 155.100 — KY Code / Title XII / Chapter 155 / Section 155.100
155.100 Duration of membership -- Withdrawal
Status: in_force

155.100 Duration of membership -- Withdrawal.

Membership in the corporation shall be for the duration of the corporation; provided that,

(1) Upon written notice given to the corporation three (3) years in advance, a member

may withdraw from membership in the corporation at the expiration date of such

notice;

(2) A member shall not be obligated to make any loans to the corporation pursuant to

calls made subsequent to the notice of intention to withdraw of said member.
KRS § 65.300 — KY Code / Title IX / Chapter 65 / Section 65.300
65.300 Approval of agreement by officer or agency required
Status: in_force

65.300 Approval of agreement by officer or agency required.

If an agreement made pursuant to KRS 65.210 to 65.300 deals in whole or in part with

the provisions of services or facilities over which an officer or agency of the state

government has constitutional or statutory powers of control, the agreement shall, as a

condition precedent to its entry into force, be submitted to the state officer or agency

having that power of control and shall be approved or disapproved by the officer or

agency as to all matters within the jurisdiction of the officer or agency in the same

manner and subject to the requirements governing the action of the Attorney General

pursuant to subsection (2) of KRS 65.260. The requirement of this section shall be in

addition to and not in substitution for the requirement of submission to and approval by

the Attorney General under subsection (2) of KRS 65.260.
KRS § 99.820 — KY Code / Title IX / Chapter 99 / Section 99.820
99.820 Authority to incur debt to fulfill conservator obligations
Status: in_force

99.820 Authority to incur debt to fulfill conservator obligations.

A conservator may borrow money or incur indebtedness in order to cover the costs of

rehabilitation or to otherwise fulfill the conservator's obligations under KRS 99.780 to

99.855. In order to facilitate the borrowing of funds for the costs of rehabilitation, the

court shall grant priority status to a lien given to secure payment on a debt incurred for

purposes authorized under KRS 99.780 to 99.855.
KRS § 393A.230 — KY Code / Title XXXIV / Chapter 393A / Section 393A.230
393A.230 Content of report
Status: in_force

393A.230 Content of report.

(1) The report required under KRS 393A.220 shall:

(a) Be signed by or on behalf of the holder and verified as to its completeness and

accuracy;

(b) If filed electronically, be in a secure format approved by the administrator

which protects confidential information of the apparent owner in the same

manner as required of the administrator and the administrator's agent under

KRS 393A.770 to 393A.830;

(c) Describe the property;

(d) Except for a traveler's check, money order, or similar instrument, contain the

name, if known, last-known address, if known, and Social Security number or

taxpayer identification number, if known or readily ascertainable, of the

apparent owner of property with a value of fifty dollars ($50) or more;

(e) For an amount held or owing under a life or endowment insurance policy or

annuity contract, contain the name and last-known address of the insured,

annuitant, or other apparent owner of the policy or contract and of the

beneficiary;

(f) For property held in or removed from a safe-deposit box, indicate the location

of the property, where it may be inspected by the administrator, and any

amounts owed to the holder under KRS 393A.360;

(g) Contain the commencement date for determining abandonment under KRS

393A.040 to 393A.140;

(h) State that the holder has complied with the notice requirements of KRS

393A.270;

(i) Identify property that is a non-freely transferable security and explain why it is

a non-freely transferable security; and

(j) Contain other information the administrator prescribes.

(2) A report under KRS 393A.220 may include in the aggregate items valued under

fifty dollars ($50) each. If the report includes items in the aggregate valued under

fifty dollars ($50) each, the administrator shall not require the holder to provide the

name and address of an apparent owner of an item unless the information is

necessary to verify or process a claim in progress by the apparent owner.

(3) A report under KRS 393A.220 may include personal information as described in

KRS 393A.780(1) about the apparent owner or the apparent owner's property to the

extent not otherwise prohibited by federal law.

(4) If a holder has changed its name while holding property presumed abandoned or is a

successor to another person that previously held the property for the apparent

owner, the holder shall include in the report under KRS 393A.220 its former name

or the name of the previous holder, if any, and the known name and address of each

previous holder of the property.
KRS § 7.140 — KY Code / Title II / Chapter 7 / Section 7.140
7.140 Reviser of statutes -- Appointment -- Duties
Status: in_force

7.140 Reviser of statutes -- Appointment -- Duties.

(1) The execution of the functions provided for in KRS 7.120, 7.131, 7.132, 7.134,

7.136, 7.138, and this section shall be carried out by a reviser of statutes, who shall

be appointed by the Commission upon recommendation of the director. The reviser

may be removed only upon the approval of the Legislative Research Commission.

The reviser shall be learned in the law and shall be either a member of the bar of

Kentucky or a person who has had at least two (2) years of responsible experience

in statute revision work.

(2) The reviser of statutes shall perform any additional duties required by the

Commission. He shall cooperate with and assist the director of the Legislative

Research Commission to the fullest extent practicable in the performance of his

duties and on request of the director shall draft bills, provide legal research and

other assistance, and perform such other duties as do not substantially interfere with

the performance of his duties under KRS 7.120, 7.131, 7.132, 7.134, 7.136, 7.138,

and this section.