FrankGoortani/open-us-law huggingface dataset:
KRS § 423.380 — KY Code / Title XXXVIII / Chapter 423 / Section 423.380
423.380 Journal of online notary public -- Entries -- Audio-visual recording -- Lost or stolen journal -- Retention and transmission -- Custodian
Status: in_force

423.380 Journal of online notary public -- Entries -- Audio-visual recording -- Lost

or stolen journal -- Retention and transmission -- Custodian.

(1) An online notary public shall maintain a journal in which the online notary public

chronicles all electronic notarizations that the online notary public performs. The

online notary public shall retain the journal for ten (10) years after the performance

of the last electronic notarization chronicled in the journal.

(2) The journal shall be created in an electronic format. An online notary public may

maintain more than one (1) journal to chronicle electronic notarizations. The journal

shall be maintained in an electronic format in a permanent, tamper-evident

electronic format complying with administrative regulations promulgated pursuant

to KRS 423.415.

(3) An entry in a journal shall be made contemporaneously with performance of the

notarial act and contain the following information:

(a) The date and time of the notarial act;

(b) A brief description of the record, if any, and type of notarial act as authorized

in KRS 423.310;

(c) The full name and address of each individual for whom the notarial act is

performed;

(d) If identity of the individual is based on personal knowledge, a statement to

that effect;

(e) If identity of the individual is based on satisfactory evidence, a brief

description of the method of identification and the identification and the

means used as well as the date of issuance and expiration of any identification

credential presented; and

(f) The fee, if any, charged by the online notary public.

(4) If a notarial act involves the use of communication technology, the notary public

shall retain the audio-visual recording of the performance of the notarial act in

compliance with both KRS 423.355(7) and the administrative regulations

promulgated pursuant to KRS 423.415.

(5) If a notary public’s journal is lost or stolen, the notary public promptly shall notify

the Secretary of State on discovering that the journal is lost or stolen.

(6) On resignation from, or the revocation or suspension of, a notary public’s

commission, the notary public shall retain the notary public’s journal in accordance

with subsection (1) of this section.

(7) On the death or adjudication of incompetency of a current or former notary public,

the notary public’s personal representative or guardian or any other person

knowingly in possession of the journal shall transmit it to the Secretary of State or

otherwise as directed in administrative regulations promulgated by the Secretary of

State pursuant to KRS 423.415.

(8) A notary public may designate a custodian to do any of the following:

(a) Maintain the journal required under subsection (1) of this section; or

(b) Retain an audio or visual recording of a notarial act required under subsection

(4) of this section.
KRS § 279.010 — KY Code / Title XXIV / Chapter 279 / Section 279.010
279.010 Definitions
Status: reserved

279.010 Definitions.

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

(1) "Acquire" means to construct, purchase, obtain by lease, devise, gift, or by eminent

domain, or to obtain by any other lawful means;

(2) "Board" means the board of directors of a corporation formed under this chapter;

(3) "Business entity" means a domestic and foreign limited liability company,

corporation, general partnership, limited partnership, business or statutory trust, and

not-for-profit unincorporated association;

(4) "Corporation" means a profit or nonprofit corporation formed under the laws of any

state or a foreign country;

(5) "Farm Credit Act" means Section 12 of the Federal Farm Credit Act of 1935 and the

amendments thereto;

(6) "Federal agency" means and includes the United States, the President of the United

States, and all federal authorities, instrumentalities and agencies in the ordinary

sense;

(7) "Improve" means to construct, reconstruct, extend, enlarge, alter, better, or repair;

(8) "Member" means and includes each person signing the articles of incorporation of a

corporation formed under this chapter, each person later admitted to membership

according to law or according to the articles of incorporation or bylaws of the

corporation, and each common stockholder in a corporation organized under this

chapter that has capital stock;

(9) "Name of record with the Secretary of State" means any real, fictitious, reserved,

registered, or assumed name of a business entity;

(10) "Obligations" means and includes negotiable bonds, notes, debentures, interim

certificates or receipts and all other evidences of indebtedness either issued or the

payment thereof assumed by a corporation organized under this chapter;

(11) "Real name" shall have the meaning set forth in KRS 365.015; and

(12) "System" means and includes any plant, works, facilities, and properties, and all

parts thereof and appurtenances thereto, used or useful in the generation,

production, transmission, or distribution of electric energy.
KRS § 184.240 — KY Code / Title XV / Chapter 184 / Section 184.240
184.240 Authority to issue apportionment warrants or road district bonds
Status: in_force

184.240 Authority to issue apportionment warrants or road district bonds.

In order to obtain funds sufficient to pay for the construction of the proposed

improvement, or sufficient to pay for the reasonable maintenance of the road, being the

balance required after the receipt of full cash payments and initial installment payments,

but not including in such balance payments due from owners who failed or refused to

make full cash payments or to enter into installment payment agreements, the board of

directors may, in its discretion, provide by resolution for the issuance of interest-bearing

apportionment warrants against each parcel of property or may direct the issuance and

sale of road district bonds, as hereinafter provided. No bonds shall be issued unless the

aggregate amount of installment payments, subsequent to the first cash payment is one

thousand dollars ($1000) or more.
KRS § 35.822 — KY Code / Title V / Chapter 35 / Section 35.822
35.822 Immunity for action of military courts
Status: in_force

35.822 Immunity for action of military courts.

All persons acting under the provisions of this code, whether as a member of the military

or as a civilian, shall be immune from any personal liability for any of the acts or

omissions which they did or failed to do as part of their duties under this code.
KRS § 29A.020 — KY Code / Title IV / Chapter 29A / Section 29A.020
29A.020 Procedural rules
Status: in_force

29A.020 Procedural rules.

The Supreme Court may make and amend such procedural rules as may be necessary to

implement the provisions of this chapter.
KRS § 77.050 — KY Code / Title IX / Chapter 77 / Section 77.050
77.050 Name and corporate powers of district
Status: in_force

77.050 Name and corporate powers of district.

The district shall be known by and under the name of Air Pollution Control District of ....

County, and under such name shall be a public body corporate and a political subdivision

of the Commonwealth.
KRS § 610.110 — KY Code / Title LI / Chapter 610 / Section 610.110
610.110 Disposition of case
Status: in_force

610.110 Disposition of case.

(1) The disposition shall determine the action to be taken by the court on behalf of, and

in the best interest of, the child under the provisions of KRS Chapter 630 or 635.

(2) At the disposition, all information helpful in making a proper disposition, including

oral and written reports and the results of a validated risk and needs assessment,

shall be received by the court in compliance with subsection (1) of this section and

relied upon to the extent of their probative value, provided that the parties or their

counsel shall be afforded an opportunity to examine and controvert the reports.

(3) The court shall, and the Department of Juvenile Justice may upon request, notify the

law enforcement agency of the child's city, county, or urban-county of residence as

appropriate and the law enforcement agencies where any offense was committed of

the disposition of each case and of each child committed by the court who is placed

in a residential treatment facility by the Department of Juvenile Justice or the

cabinet.

(4) If any court commits a child to the Department of Juvenile Justice or the cabinet, a

child-caring facility, or child-placing agency, the court shall cause to be transmitted

to the Department of Juvenile Justice or the cabinet, facility, or agency, as

appropriate, a certified copy of the commitment order, together with a summary of

the court's information concerning the child. A certified copy of the court order

shall be proof of the authority of the Department of Juvenile Justice or the cabinet,

facility, or agency to hold the child. Such certified order shall be sufficient authority

for any law enforcement officer to take into custody any person named therein and

deliver him or her to such a place as shall be directed by the Department of Juvenile

Justice or the cabinet, facility, or agency given custody of him or her in the order.

(5) In placing a child on probation in a home or boarding home, or in committing a

child to a child-caring facility or child-placing agency, the court shall as far as

practicable select a home, facility, or agency operated or governed by persons of a

similar religious faith as the parents of the child.

(6) Upon motion of the child and agreement of the Department of Juvenile Justice or

the cabinet, as appropriate, the court may authorize an extension of commitment up

to age twenty-one (21) for the purpose of permitting the Department of Juvenile

Justice or the cabinet, as appropriate, to assist the child in establishing independent

living arrangements if a return to the child's home is not in his or her best interest.
KRS § 260.850 — KY Code / Title XXI / Chapter 260 / Section 260.850
260.850 Definitions for KRS 260.850 to 260.869
Status: in_force

260.850 Definitions for KRS 260.850 to 260.869.

As used in KRS 260.850 to 260.869:

(1) "Commissioner" means the Commissioner of the Kentucky Department of

Agriculture;

(2) "Cultivating" means planting, growing, and harvesting a plant or crop;

(3) "Department" means the Kentucky Department of Agriculture;

(4) "Handling" means possessing or storing hemp for any period of time on premises

owned, operated, or controlled by a person licensed to cultivate or process hemp.

"Handling" also includes possessing or storing hemp in a vehicle for any period of

time other than during its actual transport from the premises of a licensed person to

cultivate or process hemp to the premises of another licensed person;

(5) "Hemp" or "industrial hemp":

(a) Means the plant Cannabis sativa L. and any part of that plant, including the

seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts,

and salts of isomers, whether growing or not, with a delta-9

tetrahydrocannabinol concentration of not more than three-tenths of one

percent (0.3%) on a dry weight basis; and

(b) Does not include medicinal cannabis as defined in KRS 218B.010;

(6) "Hemp products" or "industrial hemp products":

(a) Means products derived from, or made by, processing hemp plants or plant

parts; and

(b) Does not include medicinal cannabis products as defined in KRS 218B.010;

(7) "Licensee" means an individual or business entity possessing a license issued by the

department under the authority of this chapter to grow, handle, cultivate, process, or

market hemp or hemp products;

(8) "Marketing" means promoting or selling a product within the Commonwealth, in

another state, or outside of the United States. "Marketing" includes efforts to

advertise and gather information about the needs or preferences of potential

consumers or suppliers;

(9) "Processing" means converting an agricultural commodity into a marketable form;

and

(10) "University" means an accredited institution of higher education located in the

Commonwealth.
KRS § 341.094 — KY Code / Title XXVII / Chapter 341 / Section 341.094
341.094 Extended benefit period -- State "on" and "off" indicators -- Triggers
Status: in_force

341.094 Extended benefit period -- State "on" and "off" indicators -- Triggers.

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

(1) "Extended benefit period" means a period which:

(a) Begins with the third week after a week for which there is a state "on"

indicator; and

(b) Ends with either of the following weeks, whichever occurs later:

1. The third week after the first week for which there is a state "off"

indicator; or

2. The thirteenth consecutive week of such period; provided, that no

extended benefit period may begin by reason of a state "on" indicator

before the fourteenth week following the end of a prior extended benefit

period which was in effect with respect to this state.

(2) There is a "state 'on' indicator" for this state for a week if the secretary determines,

in accordance with the regulations of the United States Secretary of Labor, that for

the period consisting of such week and the immediately preceding twelve (12)

weeks, the rate of insured unemployment (not seasonally adjusted) under this

chapter:

(a) Equaled or exceeded one hundred twenty percent (120%) of the average of

such rates for the corresponding 13-week period ending in each of the

preceding two (2) calendar years, and

(b) Equaled or exceeded five percent (5%).

(3) Notwithstanding subsection (2) of this section, there is a "state 'on' indicator" for

this state with respect to weeks of unemployment until the week ending four (4)

weeks prior to the last week of unemployment for which one hundred percent

(100%) federal sharing is available under Section 2005(a) of the American

Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5, or a similar

provision in effect, without regard to the extension of federal sharing for certain

claims as provided under Section 2005(c) of ARRA if:

(a) The average rate of total unemployment (seasonally adjusted), as determined

by the United States Secretary of Labor, for the period consisting of the most

recent three (3) months for which data for all states are published before the

close of such week equals or exceeds six and one-half percent (6.5%); and

(b) The average rate of total unemployment in this state (seasonally adjusted), as

determined by the United States Secretary of Labor, for the three (3) month

period referred to in paragraph (a) of this subsection equals or exceeds one

hundred ten percent (110%) of such average for either or both of the

corresponding three (3) month periods ending in the preceding two (2)

calendar years.

(4) There is a "state 'off' indicator" for this state for a week if, for the period consisting

of such week and the immediately preceding twelve (12) weeks, paragraph (a) or (b)

of subsection (2) of this section or subsection (3) of this section was not satisfied.
KRS § 30A.180 — KY Code / Title IV / Chapter 30A / Section 30A.180
30A.180 Assignment as special circuit clerk to fill vacancy
Status: in_force

30A.180 Assignment as special circuit clerk to fill vacancy.

In the event of a vacancy in the office of circuit clerk in any county, the Chief Justice may

assign any other circuit clerk in the Commonwealth as special circuit clerk to fill the

vacancy for a period not to exceed thirty (30) days, or until a person is appointed to fill

the vacancy as provided by law, whichever occurs first.
KRS § 74.520 — KY Code / Title IX / Chapter 74 / Section 74.520
74.520 Construction of KRS 74.420 to 74.520
Status: in_force

74.520 Construction of KRS 74.420 to 74.520.

KRS 74.420 to 74.520 shall constitute full and complete authority for the creation of

water commissions and for carrying out the powers and duties of same as provided in

KRS 74.420 to 74.520. The provisions of KRS 74.420 to 74.520 shall be liberally

construed to accomplish its purpose and no procedure or proceedings, notices, consents or

approvals, shall be required in connection therewith except as may be prescribed by KRS

74.420 to 74.520. Every water commission organized under KRS 74.420 to 74.520 is

declared to be a public body created and functioning in the interest and for the benefit of

the public, and its property and income and any bonds issued by it and income therefrom

shall be exempt from taxation.
KRS § 259.990 — KY Code / Title XXI / Chapter 259 / Section 259.990
259.990 Penalties
Status: in_force

259.990 Penalties.

(1) Any person who violates KRS 259.200 shall be fined not less than ten dollars ($10)

nor more than one hundred dollars ($100), and each head of cattle trespassing shall

constitute a separate offense.

(2) Any person who violates KRS 259.210 shall be fined not less than five dollars ($5)

nor more than twenty-five dollars ($25).
KRS § 149.346 — KY Code / Title XII / Chapter 149 / Section 149.346
149.346 Administrative hearings
Status: in_force

149.346 Administrative hearings.

(1) If the cabinet has evidence that a violation of KRS 149.342(1) or 149.344(11) has

occurred, or has deemed a logger or operator to be a bad actor under KRS

149.344(8), the cabinet shall serve written notice of the determination and the

provision alleged to have been violated, and the cabinet shall require the person

complained against to answer the charges at an administrative hearing to be held not

less than twenty-one (21) days after the date of the notice, unless the person

complained against waives the twenty-one (21) day period.

(2) Any person not previously heard who considers himself aggrieved by any

determination of the cabinet under KRS 149.330 to 149.355 may file a petition

alleging that the determination is contrary to law or fact and is injurious to him,

citing the grounds and reasons therefor, and demanding an administrative hearing.

Unless the cabinet considers the petition frivolous, it shall schedule an

administrative hearing before the cabinet not less than ninety (90) days after the date

of the notice, unless the person complained against waives the ninety (90) day

period, except that hearings requested under KRS 149.344(5) and (6) shall be held

within five (5) working days of receipt of a petition. The right to demand a hearing

under this subsection shall be limited to a period of thirty (30) days after the

petitioner has had actual notice of the determination complained of, or could have

had notice. The cabinet shall be represented at the administrative hearing by the

Office of Legal Services.

(3) All hearings under KRS 149.330 to 149.355 shall be conducted under KRS 224.10-

440. Appeals may be taken from all final orders under KRS 224.10-470.
KRS § 405.490 — KY Code / Title XXXV / Chapter 405 / Section 405.490
405.490 Answer to order to withhold -- Procedure for obligor to contest amount of delinquent support withheld
Status: in_force

405.490 Answer to order to withhold -- Procedure for obligor to contest amount of

delinquent support withheld.

(1) Any person, including the obligor, who has been served with an order to withhold

and deliver the obligor's property shall answer the order within twenty (20) days.

(2) The person in possession of any obligor's property shall withhold it and deliver it to

the Office of the Attorney General in accordance with the Attorney General's

directions; or the obligor may offer a bond which is satisfactory to the office.

(3) The person in possession of obligor's property shall have no liability or further

responsibility after fulfilling the duties under this section.

(4) The obligor may dispute the amount of delinquent support by requesting a dispute

hearing with twenty (20) days.

(5) If the obligor does not request a hearing, acknowledgment of the obligation is

presumed and the Attorney General may apply the withheld property to the

delinquent child support obligation.

(6) If a hearing is requested, when property or a bond is released to the Attorney

General pursuant to an order to withhold and deliver property, the Attorney General

shall hold the property or bond, pending determination of the obligor's liability by a

hearing officer, pursuant to KRS 405.450.

(7) Upon a decision adverse to the Office of the Attorney General by a hearing officer,

of the Circuit Court on appeal, the office shall return the property together with

interest at the legal rate for judgments.
KRS § 367.867 — KY Code / Title XXIX / Chapter 367 / Section 367.867
367.867 Other dispute resolution system satisfies requirements of KRS 367.865
Status: in_force

367.867 Other dispute resolution system satisfies requirements of KRS 367.865.

Notwithstanding the provisions of KRS 367.860 to 367.870, a dispute resolution system

which is established pursuant to and in compliance with 16 C.F.R. Part 703 satisfies the

requirements of KRS 367.865, as long as the dispute resolution system provides each

party to the dispute with the right to an oral hearing.
KRS § 35.681 — KY Code / Title V / Chapter 35 / Section 35.681
35.681 Rape and sexual assault generally
Status: in_force

35.681 Rape and sexual assault generally.

(1) Any person subject to this code is guilty of rape and shall be punished as a court-

martial may direct who commits a sexual act upon another person by:

(a) Using unlawful force against another person;

(b) Using force causing or likely to cause death or grievous bodily harm to any

person;

(c) Threatening or placing that other person in fear that any person will be subject

to death, grievous bodily harm, or kidnapping;

(d) First rendering that other person unconscious; or

(e) Administering to that other person by force or threat of force, or without the

knowledge or consent of that person, a drug, intoxicant, or other similar

substance and thereby substantially impairing the ability of that other person

to appraise or control conduct.

(2) Any person subject to this code is guilty of sexual assault and shall be punished as a

court-martial may direct who:

(a) Commits a sexual act upon another person by:

1. Threatening or placing that other person in fear;

2. Causing bodily harm to that other person;

3. Making a fraudulent representation that the sexual act serves a

professional purpose; or

4. Inducing a belief by an artifice, pretense, or concealment that the person

is another person;

(b) Commits a sexual act upon another person when the person knows or

reasonably should know that the other person is asleep, unconscious, or

otherwise unaware that the sexual act is occurring; or

(c) Commits a sexual act upon another person when the other person is incapable

of consenting to the sexual act due to:

1. Impairment by any drug, intoxicant, or other similar substance, and that

condition is known or reasonably should be known by the person; or

2. A mental disease or defect, or physical disability, and that condition is

known or reasonably should be known by the person.

(3) Any person subject to this code who commits or causes sexual contact upon or by

another person, if to do so would violate subsection (1) of this section had the

sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be

punished as a court-martial may direct.

(4) Any person subject to this chapter who commits or causes sexual contact upon or by

another person, if to do so would violate subsection (2) of this section had the

sexual contact been a sexual act, is guilty of abusive sexual contact and shall be

punished as a court-martial may direct.

(5) In a prosecution under this section, in proving that a person made a threat, it need

not be proven that the person actually intended to carry out the threat or had the

ability to carry out the threat.

(6) An accused may raise any applicable defenses available under this code. Marriage is

not a defense for the conduct in issue in any prosecution under this section.