FrankGoortani/open-us-law huggingface dataset:
KRS § 367.474 — KY Code / Title XXIX / Chapter 367 / Section 367.474
367.474 Performance bond by subdivider -- Cash in lieu of bond
Status: in_force

367.474 Performance bond by subdivider -- Cash in lieu of bond.

(1) In the sale or offering for sale of any subdivision which is primarily directed toward

recreational or retirement use, in the sale of which any improvements are advertised

but not completed, or which are completed but for which supplies of labor and

material have not been paid, the subdivider shall furnish a performance bond

payable to the Attorney General in an amount equal to the costs of all the

improvements, including, but not limited to, roads, lakes, golf courses, and stables

which are advertised prior to the sale of the land or property. The bond shall remain

in effect until the advertised improvements are made; and if they are not completed

within a time deemed reasonable by the Attorney General, the bond shall, after a

hearing, be forfeited to the Attorney General for the use and benefit of the

purchasers of the property. Surety for the bond shall be by a company authorized to

write surety bonds in this state. Upon completion of the promised improvements

and production of releases by all creditors with a potential lien interest in the

improvements and production of a verified statement to this effect, the subdivider

may petition the Attorney General for release of the bond.

(2) If the land or property offered for sale by the subdivider is located outside of the

Commonwealth of Kentucky and is sold both to Kentucky residents and residents of

other jurisdictions, the Attorney General may accept a bond as described in

subsection (1) of this section equal to the pro rata share of improvements for that

property that is reasonably anticipated to be sold to Kentucky residents.

(3) In lieu of the bonding requirements appearing in subsection (1) of this section, a

subdivider may, with the approval of the Attorney General, place in an approved

escrow account fifty percent (50%) of receipts of sales of the subdivided lots until

the amount necessary to make the improvements has been accumulated or the

improvements advertised by the subdivider made and the suppliers of labor and

material paid. If the improvements are not made within a reasonable time as

determined by the Attorney General, the escrow account, after hearing, shall revert

to the benefit of the subdivision purchasers.
KRS § 411.218 — KY Code / Title XXXVI / Chapter 411 / Section 411.218
411.218 Liability for damages resulting from sexual extortion
Status: in_force

411.218 Liability for damages resulting from sexual extortion.

(1) Any person who violates KRS 531.125 shall be personally liable for actual and

punitive damages, court costs, and reasonable attorney's fees in a civil cause of

action brought against an alleged perpetrator by a:

(a) Victim or the personal representative of his or her estate; or

(b) Victim's parent or legal guardian on behalf of a victim who is a minor.

(2) The action may be filed in the Circuit Court for the county where the alleged

violation occurred or the county where the victim resides.

(3) An individual found liable under this section shall be jointly and severally liable

with each other person, if any, found liable under this section for the damages

arising from the same violation of KRS 531.125.

(4) Nothing in this section shall be construed to impose liability on:

(a) When acting in its capacity as a provider of those services, a:

1. Broadband internet access service provider;

2. Telecommunications service provider, an interconnected VoIP service

provider, or a mobile service provider as defined in 47 U.S.C. sec. 153;

3. Commercial mobile service provider as defined in 47 U.S.C. sec. 332; or

4. Cable operator as defined in 47 U.S.C. sec. 522; or

(b) An interactive computer service, as defined in 47 U.S.C. sec. 230, related to

content provided by a user of the interactive computer service.
KRS § 72.027 — KY Code / Title IX / Chapter 72 / Section 72.027
72.027 Inquiry regarding sudden unexpected death in epilepsy in post-mortem examination -- When required -- Reporting
Status: in_force

72.027 Inquiry regarding sudden unexpected death in epilepsy in post-mortem

examination -- When required -- Reporting.

(1) For the purposes of this section, "SUDEP" means sudden unexpected death in

epilepsy.

(2) (a) All autopsies conducted in this state as required by KRS 72.025 shall include,

if requested by an immediate family member of the deceased to the coroner,

an inquiry to determine whether the death is a direct result of a seizure or

epilepsy. If the finding in an autopsy is consistent with SUDEP, the coroner

shall indicate on the death certificate that SUDEP is the cause or suspected

cause of death.

(b) If SUDEP is written as the cause or suspected cause of death, the Vital

Statistics Branch shall forward a copy of the death certificate to the North

American SUDEP Registry at the Langone Medical Center at New York

University within thirty (30) days.
KRS § 365.435 — KY Code / Title XXIX / Chapter 365 / Section 365.435
365.435 Record of licenses -- Refusal of license, appeal
Status: in_force

365.435 Record of licenses -- Refusal of license, appeal.

Every clerk to whom application is made, shall indorse upon the application the date of

its filing, shall preserve the same as a record of his office, and shall make an abstract of

the facts set forth in the application in a book kept for that purpose, properly indexed,

containing the name of the person asking such license, the nature of the proposed sale, the

place where the sale is to be conducted, its duration, the inventory of the goods to be sold

and a general statement as to where the same came from and shall make in the book a

notation as to the issuance or refusal of the license applied for together with the date of

the same. The clerk shall indorse on the application the date the license is granted or

refused, and the application and abstract shall be prima facie evidence of all statements

therein contained. If the county clerk refuses to issue the license, the applicant may apply

to the county judge/executive for a hearing. The clerk shall notify the county attorney who

shall appear in opposition to the issuance of the license.
KRS § 96.920 — KY Code / Title IX / Chapter 96 / Section 96.920
96.920 Areas proposed to be annexed
Status: in_force

96.920 Areas proposed to be annexed.

If a city contemplates annexation of areas outside its corporate limits when the First

Ordinance is published, or if annexation is then in progress, it may state that its proposed

establishment of special classes of sewer users will be applicable to such areas, and is

conditioned as to such areas upon the final annexation thereof.
KRS § 395.140 — KY Code / Title XXXIV / Chapter 395 / Section 395.140
395.140 Bond -- Persons not to be surety on -- Recording of
Status: in_force

395.140 Bond -- Persons not to be surety on -- Recording of.

(1) The District Court shall not accept as surety, in any bond of a personal

representative, any master or other commissioner whose duty is to settle the

accounts of personal representatives or any judge or clerk of a District Court or

practicing attorney of that court.

(2) The bond shall be subscribed by the principal and sureties, approved by the court,

attested by the clerk of the court and carefully kept by the clerk in his office in a

book to be provided for that purpose.
KRS § 321.353 — KY Code / Title XXVI / Chapter 321 / Section 321.353
321.353 Emergency order for immediate, temporary suspension of license, certificate, permit, or registration when necessary to protect the public -- Right to appeal
Status: in_force

321.353 Emergency order for immediate, temporary suspension of license,

certificate, permit, or registration when necessary to protect the public -- Right

to appeal.

(1) The board may, by a majority vote, issue an emergency order for the immediate,

temporary suspension of a license, certificate, permit, or registration against which

disciplinary action, an investigation, or initiating complaint is pending if the order is

necessary to protect the public.

(2) The emergency order shall be made in accordance with KRS 13B.125 and shall be

based upon a finding by the board that the emergency order is in the public interest

and that there is substantial evidence of immediate danger to the health, welfare,

and safety of the credential holder's clients, animals, or the general public.

(3) A licensee, certificate holder, permittee, or registrant may appeal the emergency

order by filing a written request to the board for an emergency hearing in

accordance with KRS 13B.125 within thirty (30) days after receipt of the order.

(4) The appeal of an emergency order shall address only the necessity for the action

and shall not constitute an appeal of the merits of the underlying complaint or

charge.

(5) The emergency order shall remain in effect until modified or vacated by the board

or hearing officer or superseded by final disciplinary action of the board or hearing

officer on the underlying complaint or charge.

(6) The board shall expedite disciplinary hearings in which a licensee, certificate

holder, permittee, or registrant has been suspended under subsection (1) of this

section.

(7) Any party aggrieved by a final order of the board may appeal to the Franklin Circuit

Court after a written decision is issued by the board in accordance with KRS

Chapter 13B.
KRS § 15.266 — KY Code / Title III / Chapter 15 / Section 15.266
15.266 Kentucky Office of Regulatory Relief -- Director -- Powers and duties
Status: in_force

15.266 Kentucky Office of Regulatory Relief -- Director -- Powers and duties.

(1) The Kentucky Office of Regulatory Relief is hereby created within the Office of the

Attorney General.

(2) (a) There shall be a director within the regulatory relief office responsible for

administering KRS 15.262 to 15.278. The director shall be appointed by the

Attorney General.

(b) The director shall review all applications for admission to the regulatory

sandbox. The director shall report to the Attorney General and may appoint

staff subject to the approval of the Attorney General.

(3) The regulatory relief office shall:

(a) Administer the regulatory sandbox established in KRS 15.268;

(b) Establish a program to enable a person to obtain legal protections and limited

access to the market in the state to demonstrate an innovative offering without

obtaining a license or other authorization that might otherwise be required;

(c) Establish an application fee not to exceed one thousand dollars ($1,000) for

admission to the regulatory sandbox;

(d) Act as a liaison between private businesses and applicable agencies to identify

administrative regulations that may be waived or suspended under the

regulatory sandbox;

(e) Consult with each applicable agency; and

(f) Administer the provisions of KRS 15.262 to 15.278.

(4) The regulatory relief office may:

(a) Review administrative regulations that may unnecessarily inhibit the creation

and success of new companies or industries, and provide recommendations to

the Governor and the General Assembly on modifying those administrative

regulations;

(b) Create a framework for analyzing the risk level to the health, safety, and

financial well-being of consumers related to permanently removing or

temporarily suspending administrative regulations that inhibit the creation or

success of new and existing companies or industries;

(c) Propose potential reciprocity agreements between states that use or may

propose to use similar regulatory sandbox programs as described in KRS

15.268;

(d) Enter into agreements with or adopt the best practices of corresponding

federal regulatory agencies or other states that may administer similar

programs;

(e) Consult with businesses in the state about existing or potential proposals for

the regulatory sandbox; and

(f) Promulgate administrative regulations concerning:

1. Administering the regulatory sandbox;

2. The application process;

3. Reporting requirements of sandbox participants; and

4. Cooperating and consulting with other agencies in the Commonwealth

that administer sandbox programs.
KRS § 269.050 — KY Code / Title XXII / Chapter 269 / Section 269.050
269.050 Refunding taxes collected as are other district taxes -- Rights of bondholders
Status: in_force

269.050 Refunding taxes collected as are other district taxes -- Rights of

bondholders.

All taxes levied for the payment of refunding bonds shall be collected and collection

enforced at the same time, in the same manner, and by the same means, and shall be

secured by the same lien as is provided by law for other taxes levied by the district. The

holder of any refunding bonds shall have the same rights as were possessed by the holders

of the bonds refunded thereby.
KRS § 434.442 — KY Code / Title XL / Chapter 434 / Section 434.442
434.442 Fraudulent use of an educational record -- Penalty
Status: in_force

434.442 Fraudulent use of an educational record -- Penalty.

(1) A person is guilty of fraudulent use of an educational record when that person,

knowingly:

(a) Falsely makes, completes, alters, or procures to be falsely made or altered, or

assists in falsely making or altering, a diploma, certificate, license, or

transcript indicating academic achievement in an educational program issued

by a secondary school, a postsecondary educational institution, or a

governmental agency;

(b) Sells, gives, buys, or obtains, or procures to be sold, given, bought or

obtained, or assists in selling, giving, buying, or obtaining, a diploma,

certificate, license, or transcript which he knows is false, indicating

educational achievement in an educational program issued by a secondary

school, postsecondary educational institution, or a governmental agency;

(c) Presents or uses as genuine a falsely made or altered diploma, certificate,

license, or transcript indicating educational achievement in an educational

program in a secondary school, postsecondary educational institution, or a

governmental agency; or

(d) Makes a false written representation of fact that he has received a degree or

other certification indicating merit, educational achievement, or completion of

an educational program involving study, experience, or testing from a

secondary school, a postsecondary educational institution, or governmental

agency in an application for:

1. Employment;

2. Admission to an educational program;

3. An award; or

4. The purpose of inducing another to issue a diploma, certificate, license,

or transcript indicating educational achievement in an educational

program of a secondary school, postsecondary educational institution, or

a governmental agency.

(2) Fraudulent use of an educational record is a Class A misdemeanor.
KRS § 336.135 — KY Code / Title XXVII / Chapter 336 / Section 336.135
336.135 Employee must give prior written consent for enrollment as member of labor organization and deduction of membership dues -- Recordkeeping -- Report to members -- Exception
Status: in_force

336.135 Employee must give prior written consent for enrollment as member of

labor organization and deduction of membership dues -- Recordkeeping --

Report to members -- Exception.

(1) As used in this section, "employee" means any person employed by or suffered or

permitted to work for a public or private employer, except "employee" shall not

mean any person covered by the Federal Railway Labor Act and the National Labor

Relations Act.

(2) An employee shall not be enrolled as a member of a labor organization unless the

employee has affirmatively requested membership in writing.

(3) A sum shall not be withheld from the earnings of any employee for the purpose of

paying union dues or other fees paid by members of a labor organization or

employees who are non-members except upon the written or electronic

authorization of the employee member or employee non-member, unless the

employer is a public employer, in which case KRS 336.134 applies to that

employer.

(4) The requirements in this section shall not be waived by any member or non-

member of a labor organization, nor required to be waived as a condition of

obtaining or maintaining employment.

(5) Signing or refraining from signing the authorization set forth in subsections (2) and

(3) of this section shall not be made a condition of obtaining or maintaining

employment.

(6) (a) A labor organization shall maintain financial records substantially similar to

and no less comprehensive than the records required to be maintained under

29 U.S.C. sec. 431(b).

(b) These records shall be kept in a searchable electronic format and provided to

every employee it represents.

(c) The records and the data or summary by which the records can be verified,

explained, or clarified shall be kept for a period of not less than five (5) years.

(d) A labor organization composed of public employees shall transmit financial

records detailing the labor organization's quarterly expenses to its members on

an annual basis.

(7) This section shall not apply to any agreement between employers and employees or

labor organizations entered into before January 9, 2017, but any such agreement

entered into, opted in, renewed, or extended on or after January 9, 2017, and which

violates this section shall be unlawful and void.

(8) This section shall be known as the "Paycheck Protection Act."
KRS § 350.275 — KY Code / Title XXVIII / Chapter 350 / Section 350.275
350.275 Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste
Status: in_force

350.275 Legislative findings and declaration on backstowing and reinjection of coal

processing and coal underground development waste.

(1) The General Assembly finds that:

(a) The backstowing of coal processing and coal underground development waste

is a disposal method which, under appropriate conditions, is authorized under

state and federal coal mining laws;

(b) The state Division of Water and Department for Natural Resources, United

States Environmental Protection Agency, and United States Mine Safety and

Health Administration each have responsibilities under different state and

federal laws relative to any proposal to backstow or reinject coal processing

and coal underground development waste; and

(c) The maximization of coordination of agency review of such a proposal is in

the best interest of each agency, the proponent, and the public-at-large.

(2) It is the intent of the General Assembly that the Energy and Environment Cabinet

negotiate improved coordination among state and federal agencies in the review of

proposals for backstowing or reinjection of coal processing and coal underground

development waste, consistent with all requirements of KRS Chapters 224 and 350

and other state and federal laws relating to such proposals.
KRS § 65.7709 — KY Code / Title IX / Chapter 65 / Section 65.7709
65.7709 Time of issuance -- Format
Status: in_force

65.7709 Time of issuance -- Format.

Notes shall be dated as of a date not more than thirty (30) days after the effective date of

the legislation authorizing the notes. Notes shall be issued in the denominations, shall be

subject to the rights of prior redemption, shall have the privileges of exchange and

registration, shall be dated, shall be in registered or bearer form, with or without coupons,

and shall be payable at the place or places, all as the governing body of the governmental

agency may determine.
KRS § 353.6606 — KY Code / Title XXVIII / Chapter 353 / Section 353.6606
353.6606 Treatment of trade secret information in response to open records request
Status: in_force

353.6606 Treatment of trade secret information in response to open records

request.

(1) The director shall notify the vendor, service provider, or operator, as applicable,

within ten (10) days of receipt of a request pursuant to the Kentucky Open Records

Act for disclosure of information for which trade secret status has been asserted.

The director may request additional information from the vendor, service provider,

or operator, as applicable, to determine whether to grant or reject the request for

disclosure.

(2) If the cabinet determines that the information is entitled to confidential treatment

and that determination is challenged pursuant to the provisions of the Kentucky

Open Records Act, the director may call upon the owner or operators to assist in the

defense of that determination.

(3) If the cabinet makes a determination that the information is not entitled to

confidential treatment, notwithstanding KRS 61.870 to 61.884, the director shall:

(a) Notify the vendor, service provider, or operator, as applicable, who asserted

the trade secret status; and

(b) Delay release of the information for a period of ten (10) working days after

mailing the notice.

(4) Judicial review of any determination under this section shall be undertaken in

accordance with the Kentucky Open Records Act, and administrative review of the

determination to release or to withhold information shall not be required.
KRS § 395.255 — KY Code / Title XXXIV / Chapter 395 / Section 395.255
395.255 Notice to compel filing of inventory or account -- Removal for delinquency -- Disallowance of compensation
Status: in_force

395.255 Notice to compel filing of inventory or account -- Removal for delinquency

-- Disallowance of compensation.

If a fiduciary neglects or refuses to file an inventory or account when due according to

law, or when ordered by the court, the court shall notify the fiduciary of his delinquency

and fix a date when such inventory or account must be filed. Unless there is pending in

the circuit court a suit to settle the estate such neglect or refusal shall be grounds for

removal by the court. If the fiduciary fails to file such account within thirty days after the

date fixed in said notice, no allowance shall be made for his services unless the court

enters upon its minutes an order that such delay was justified.
KRS § 324.235 — KY Code / Title XXVI / Chapter 324 / Section 324.235
324.235 Definitions for KRS 324.235 to 324.238
Status: in_force

324.235 Definitions for KRS 324.235 to 324.238.

As used in KRS 324.235 to 324.238, unless the context requires otherwise:

(1) (a) "Commercial real estate" means any parcel of real estate located in this state

that is:

1. Lawfully used primarily for sales, retail, wholesale, office, research,

institutional, warehouse, manufacturing, or industrial purposes;

2. Lawfully used primarily for multifamily residential purposes involving

five (5) or more dwelling units; or

3. Zoned for a business or commercial use by a planning unit acting

pursuant to KRS Chapter 100.

(b) "Commercial real estate" does not include single-family residential units such

as condominiums, townhouses, manufactured homes, or homes or lots in a

subdivision when sold, or residential units otherwise conveyed on a unit-by-

unit basis, even if those units are a part of a larger building or parcel of real

estate containing more than four (4) residential units;

(2) "Cooperation agreement" means a written co-brokerage, referral, affiliation, or other

agreement or arrangement between an out-of-state principal broker and a Kentucky

cooperating broker;

(3) "Kentucky cooperating broker" means a principal broker licensed under this chapter

who has entered into a written cooperation agreement with an out-of-state principal

broker;

(4) "Out-of-state principal broker" means an individual who is licensed as a real estate

broker in a jurisdiction other than Kentucky, and who is the designated broker with

whom one (1) or more out-of-state licensees are affiliated or associated; and

(5) "Out-of-state licensee" means an individual who is licensed as a real estate broker

or real estate sales associate in a jurisdiction other than Kentucky, and who is

affiliated or associated with an out-of-state principal broker.