CONSTRUCTION OF STATUTES

KRS tit. XLI, ch. 446

in effect

KRS 446.010 Definitions for statutes generally

446.010. Definitions for statutes generally As used in the statute laws of this state, unless the context requires otherwise: (1) "Action" includes all proceedings in any court of this state; (2) "Animal" includes every warm-blooded living creature except a human being; (3) "Attorney" means attorney-at-law; (4) "Bequeath" and "devise" mean the same thing; (5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal estate, or both; (6) "Business trust" includes, except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A; (7) "Case plan" means an individualized accountability and behavior change strategy for supervised individuals that: (a) Targets and prioritizes the specific criminal risk factors of the individual based upon his or her assessment results; (b) Matches the type and intensity of supervision and treatment conditions to the individual's level of risk, criminal risk factors, and individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style; (c) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations; and (d) Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors; (8) "Certified mail" means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of: (a) Sending the document or package; (b) The date the document or package was deliver ed or delivery was attempted; and (c) The signature of the receipt of the document or package; (9) "Company" may extend and be applied to any corporation, company, person, partnership, joint stock company, or association; (10) "Corporation" may extend and be applied to any corporation, company, partnership, joint stock company, or association; (11) "Criminal risk factors" are characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The characteristics may include but are not limited to the following risk and criminogenic need factors: antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse; (12) "Cruelty" as applied to animals includes every act or omission whereby unjustifiable physical pain, suffering, or death is caused or permitted; (13) "Directors," when applied to corporations, includes managers or trustees; (14) "Domestic," when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state; (15) "Domestic animal" means any animal converted to domestic habitat; (16) "Evidence-based practices" means policies, procedures, programs, and practices proven by scientific research to reliably produce reductions in recidivism when implemented competently; (17) "Federal" refers to the United States; (18) "Foreign," when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state; (19) "Generally accepted accounting principles" are those uniform minimum standards of and guidelines to financial accounting and reporting as adopted by the National Council on Governmental Accounting, under the auspices of the Municipal Finance Officers Association and by the Financial Accounting Standards Board, under the auspices of the American Institute of Certified Public Accountants; (20) "Graduated sanction" means any of a wide range of accountability measures and programs for supervised individuals, including but not limited to electronic monitoring; drug and alcohol testing or monitoring; day or evening reporting centers; restitution centers; reentry centers; disallowance of future earned compliance credits; rehabilitative interventions such as substance abuse or mental health treatment; reporting requirements to probation and parole officers; community service or work crews; secure or unsecure residential treatment facilities or halfway houses; and short-term or intermittent incarceration; (21) "Humane society," "society," or "Society for the Prevention of Cruelty to Animals," means any nonprofit corporation, organized under the laws of this state and having as its primary purpose the prevention of cruelty to animals; (22) "Issue," as applied to the descent of real estate, includes all the lawful lineal descendants of the ancestors; (23) "Land" or "real estate" includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest; (24) "Legatee" and "devisee" convey the same idea; (25) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; (26) "May" is permissive; (27) "Month" means calendar month; (28) "Oath" includes "affirmation" in all cases in which an affirmation may be substituted for an oath; (29) "Owner" when applied to any animal, means any person having a property interest in such animal; (30) "Partnership" includes both general and limited partnerships; (31) "Peace officer" includes sheriffs, constables granted police powers, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests; (32) "Penitentiary" includes all of the state penal institutions except the houses of reform; (33) "Person" may extend and be applied to bodies-politic and corporate, societies, communities, the public generally, individuals, partnerships, joint stock companies, and limited liability companies; (34) "Personal estate" includes chattels, real and other estate that passes to the personal representative upon the owner dying intestate; (35) "Pretrial risk assessment" means an objective, research-based, validated assessment tool that measures a defendant's risk of flight and risk of anticipated criminal conduct while on pretrial release pending adjudication; (36) "Registered mail" means any governmental, commercial, or electronic method of delivery that allows a document or package to have: (a) Its chain of custody recorded in a register to enable its location to be tracked; (b) Insurance available to cover its loss; and (c) The signature of the recipient of the document or package available to the sender; (37) "Regular election" means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected; (38) "Risk and needs assessment" or "validated risk and needs assessment" means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when properly addressed, can reduce that person's likelihood of committing future criminal behavior; (39) "Shall" is mandatory; (40) "State" when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia; "any other state" includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country; (41) "State funds" or "public funds" means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, and 42.615; (42) "Supervised individual" means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail; (43) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted for an oath; (44) "Treatment" when used in a criminal justice context, means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. Treatment options may include but shall not be limited to community- based programs that are consistent with evidence-based practices; cognitive- behavioral programs; faith-based programs; inpatient and outpatient substance abuse or mental health programs; and other available prevention and intervention programs that have been scientifically proven to produce reductions in recidivism when implemented competently. "Treatment" does not include medical services; (45) "United States" includes territories, outlying possessions, and the District of Columbia; (46) "Vacancy in office," or any equivalent phrase, means such as exists when there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law; it applies whether the vacancy is occasioned by death, resignation, removal from the state, county or district, or otherwise; (47) "Violate" includes failure to comply with; (48) "Will" includes codicils; "last will" means last will and testament; (49) "Year" means calendar year; (50) "City" includes town; (51) Appropriation-related terms are defined as follows: (a) "Appropriation" means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48; (b) "Appropriation provision" means a section of any enactment by the General Assembly which is not provided for by KRS Chapter 48 and which authorizes the expenditure of public funds other than by a general appropriation bill; (c) "General appropriation bill" means an enactment by the General Assembly that authorizes the expenditure of public funds in a branch budget bill as provided for in KRS Chapter 48; (52) "Mediation" means a nonadversarial process in which a neutral third party encourages and helps disputing parties reach a mutually acceptable agreement. Recommendations by mediators are not binding on the parties unless the parties enter into a settlement agreement incorporating the recommendations; (53) "Biennium" means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year; (54) "Branch budget bill" or "branch budget" means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet; (55) "AVIS" means the automated vehicle information system established and maintained by the Transportation Cabinet to collect titling and registration information on vehicles and boats and information on holders of motor vehicle operator's licenses and personal identification cards; (56) "Cooperative," except in KRS Chapter 272, includes a limited cooperative association; and (57) "Unmanned aircraft system" means an aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 90, sec. 25, effective January 1, 2023. -- Amended 2018 Ky. Acts ch. 26, sec. 4, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 129, sec. 30, effective June 29, 2017; and ch. 158, sec. 94, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 81, sec. 126, effective July 12, 2012; ch.139, sec. 2, effective July 12, 2012; and ch. 160, sec. 139, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 3, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 61, sec. 1, effective July 15, 2010; and ch. 151, sec. 120, effective January 1, 2011. -- Amended 2009 Ky. Acts ch. 78, sec. 42, eff ective June 25, 2009. -- Amended 2006 Ky. Acts ch. 149, sec. 237, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 140, sec. 3, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 261, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 387, sec. 31, effective July 15, 1994; and ch. 389, sec. 110, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 138, sec. 3, effective January 3, 1994. -- Amended 1984 Ky. Acts ch. 2, sec. 1, effective January 26, 1984. -- Amended 1982 Ky. Acts ch. 382, sec. 30, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 16, sec. 2; and ch. 188, sec. 181, effective July 1, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 462, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 406, sec. 331. -- Amended 1966 Ky. Acts ch. 255, sec. 277. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 446, 451, 452, 456, 457, 458, 463, 467, 469, 575, 751, 1521. Legislative Research Commission Note (3/30/90). The definition of "animal" contained in subsection (2) of this section does not reflect the amendatory language contained in Senate Bill 263 of the 1980 Regular Session of the Kentucky General Assembly because the 1980 Senate Journal indicates that Senate Bill 263 was vetoed by Governor John Y. Brown, Jr., on April 9, 1980, and recommitted by action of the Senate to its Committee on Appropriations and Revenue on April 14, 1980. Senate Bill 263 proposed to change subsection (2) to read as follows: " 'Animal' includes every warmblooded living creature except birds and human beings;". By a letter dated March 16, 1990, the Attorney General has informally opined that Governor Brown's veto of Senate Bill 263 was not timely; that letter has exhibits showing that the bill was received by the Governor on March 28, 1980, and that his veto was received by the Senate Clerk on April 10, 1980.

KRS 446.012 Inclusion of osteopaths within references to physicians in statutes -- Inclusion of Bureau of Osteopathic Specialties within references to American Board of Medical Specialties in statutes

446.012. Inclusion of osteopaths within references to physicians in statutes -- Inclusion of Bureau of Osteopathic Specialties within references to American Board of Medical Specialties in statutes (1) Any reference in the Kentucky Revised Statutes to "medical doctor," "M.D.," or "physician" shall be deemed to include a doctor of osteopathy or D.O., unless any of those terms is specifically excluded. (2) Any reference in the Kentucky Revised Statutes to the American Board of Medical Specialties shall include the Bureau of Osteopathic Specialties, unless either of those terms is specifically excluded. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 413, sec. 5, effective July 14, 2000.

KRS 446.013 Terms "mental retardation" and "mentally retarded" not to be used in statutes -- Acceptable replacement terms

446.013. Terms "mental retardation" and "mentally retarded" not to be used in statutes -- Acceptable replacement terms (1) Except as provided in this section, the Kentucky Revised Statutes shall no longer utilize the terms "mental retardation" or "mentally retarded" or abbreviations that use the letters "MR" to signify mental retardation or mentally retarded. (2) The terms "retarded" or "retardation" shall not be utilized in the Kentucky Revised Statutes to refer to an intellectual disability. (3) Except as provided in subsections (4), (5), and (6) of this section, the terms "mental retardation" or "mentally retarded" shall be replaced in the Kentucky Revised Statutes, as appropriate, by the terms: (a) "Intellectual disability"; (b) "Intellectual disabilities"; (c) "Individual with an intellectual disability"; (d) "Individuals with an intellectual disability"; (e) "Individual with a serious intellectual disability"; or (f) "Individuals with a serious intellectual disability." These terms, when substituted for "mental retardation," "mentally retarded," or "MR" shall be understood to have the exact meaning as the terms that they replace. (4) The names of state and local governmental agencies shall no longer contain the terms "mental retardation," "mentally retarded," "retardation," "retarded," or abbreviations that use the letters "MR" to signify mental retardation or mentally retarded, and shall be changed to describe the function of that agency without use of these terms. (5) A nongovernmental entity named or seeking to be named in the Kentucky Revised Statutes that utilizes "mental retardation," "mentally retarded," "retarded," "retardation," or the letters "MR" to signify mental retardation or mentally retarded in the name it seeks to include in statute, shall be encouraged to modify its name so that these terms are not utilized in statute. (6) To the extent permitted by federal law, ICF/MRs shall now be referred to as ICF/IDs. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 146, sec. 1, effective July 12, 2012.

KRS 446.015 Statutes to be written in nontechnical language

446.015. Statutes to be written in nontechnical language All bills introduced in the General Assembly after June 17, 1978, shall be written in nontechnical language and in a clear and coherent manner using words with common and everyday meanings. Enactment of a bill by the General Assembly shall be a conclusive presumption that such bill conforms to this section. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 241, sec. 1, effective June 17, 1978.

KRS 446.017 Conditions under which portion of bill may be void

446.017. Conditions under which portion of bill may be void When a bill enrolled, either approved by the Governor or which became law without the Governor's signature under the provisions of Constitution Section 88, and which has been filed with the Secretary of State, contains language which is not identical to that contained in the bill passed by the legislature, and when the variance is material, that language not conforming to the bill as passed shall be severed and shall be void. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 311, sec. 1, effective July 15, 1980.

KRS 446.020 Singular includes plural -- Masculine includes feminine

446.020. Singular includes plural -- Masculine includes feminine (1) A word importing the singular number only may extend and be applied to several persons or things, as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons or things. (2) A word importing the masculine gender only may extend and be applied to females as well as males. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 457.

KRS 446.030 Computation of time

446.030. Computation of time (1) (a) In computing any period of time prescribed or allowed by order of court, or by any applicable statute or regulation, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, a legal holiday, or a day on which the public office in which a document is required to be filed is actually and legally closed, in which event the period runs until the end of the next day which is not one (1) of the days just mentioned. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. (b) When a statute, regulation, or order of court requires an act to be done either a certain time before an event or a certain time before the day on which an event occurs, the day of the event shall be excluded in computing the time. If the day thereby computed on which or by which the act is required to be done falls on a Saturday, Sunday, legal holiday, or a day on which the public office in which the act is required to be completed is actually and legally closed, the act may be done on the next day which is none of the days just mentioned. (2) If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a month and that day is Sunday, the proceeding shall take place, or the act shall be done, on the next day that is not a legal holiday. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 32, sec. 1, effective July 13, 1984. -- Amended 1970 Ky. Acts ch. 98, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 453, 454.

KRS 446.040 Adjournment of proceedings over weekend

446.040. Adjournment of proceedings over weekend If the law authorizes a court, or the proceedings of any tribunal or officer, to be adjourned from day to day, an adjournment from Saturday until Monday shall be legal. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 455.

KRS 446.050 Majority may act for all

446.050. Majority may act for all Words giving authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 448.

KRS 446.060 Writings -- Signature must be at end -- To be in English

446.060. Writings -- Signature must be at end -- To be in English (1) When the law requires any writing to be signed by a party thereto, it shall not be deemed to be signed unless the signature is subscribed at the end or close of the writing. (2) Every writing contemplated by the laws of this state shall be in the English language. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 468.

KRS 446.070 Penalty no bar to civil recovery

446.070. Penalty no bar to civil recovery A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 466.

KRS 446.080 Liberal construction -- Statutes not retroactive -- Common usage -- Technical terms

446.080. Liberal construction -- Statutes not retroactive -- Common usage -- Technical terms (1) All statutes of this state shall be liberally construed with a view to promote their objects and carry out the intent of the legislature, and the rule that statutes in derogation of the common law are to be strictly construed shall not apply to the statutes of this state. (2) There shall be no difference in the construction of civil, penal and criminal statutes. (3) No statute shall be construed to be retroactive, unless expressly so declared. (4) All words and phrases shall be construed according to the common and approved usage of language, but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed according to such meaning. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 459, 460.

KRS 446.082 Published statement or restatement of law does not constitute law or policy of Commonwealth -- Common law adopted in absence of constitutional or statutory treatment

446.082. Published statement or restatement of law does not constitute law or policy of Commonwealth -- Common law adopted in absence of constitutional or statutory treatment (1) A statement or restatement of the law in any legal treatise, scholarly publication, textbook, or other explanatory text shall not constitute the law or public policy of the Commonwealth of Kentucky. No Kentucky court shall treat any such publication or text as controlling authority. (2) In the absence of a constitutional section or a statute on a given matter, Kentucky shall be deemed to have adopted the common law. Effective: April 14, 2020 History: Created 2020 Ky. Acts ch. 86, sec. 1, effective April 14, 2020.

KRS 446.084 Judicial review of administrative body actions to be de novo

446.084. Judicial review of administrative body actions to be de novo A court reviewing an administrative body's action, including without limitation a petition for judicial review of an administrative body's rulemaking or adjudicatory actions, shall apply de novo review to the administrative body's interpretation of statutes, administrative regulations, and other questions of law. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 112, sec. 2, effective June 27, 2025.

KRS 446.085 Repealed, 1994

446.085. Repealed, 1994 Catchline at repeal: Repeal or amendment in statutes by budget bill prohibited -- Exception History: Repealed 1994 Ky. Acts ch. 387, sec. 32, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 410, sec. 1, effective July 13, 1984.

KRS 446.090 Severability

446.090. Severability It shall be considered that it is the intent of the General Assembly, in enacting any statute, that if any part of the statute be held unconstitutional the remaining parts shall remain in force, unless the statute provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that the General Assembly would not have enacted the remaining parts without the unconstitutional part, or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of the General Assembly. Effective: October 1, 1942 History: Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, to obviate the necessity of attaching a severability clause to each Act as it is passed.

KRS 446.100 Effect of repeal of prior repealer or amendment

446.100. Effect of repeal of prior repealer or amendment (1) A repealed section without a delayed effective date is revived when the section or act that repealed it is repealed by another statute enacted at the same session of the General Assembly. (2) A repealed section with a delayed effective date is revived by the enactment of a repealer of the section or act that repealed it at the same or any subsequent session of the General Assembly as long as it takes effect prior to the effective date of the original repealer. (3) An amended section without a delayed effective date remains unchanged with respect to an amendment which is repealed at the same session of the General Assembly which enacted the amendment. (4) An amended section with a delayed effective date remains unchanged with respect to that amendment if the section or the act making the amendment is repealed at the same or at a subsequent session of the General Assembly as long as the repealing act takes effect prior to the effective date of the original amendment. (5) No other action of the General Assembly repealing a repealer or an amendment shall have the effect of reviving the original language of the repealer or amendment as the case may be. Effective: April 2, 1982 History: Amended 1982 Ky. Acts ch. 285, sec. 1, effective April 2, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 464.

KRS 446.110 Offenses committed and rights accruing prior to repeal of law

446.110. Offenses committed and rights accruing prior to repeal of law No new law shall be construed to repeal a former law as to any offense committed against a former law, nor as to any act done, or penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising before the new law takes effect, except that the proceedings thereafter had shall conform, so far as practicable, to the laws in force at the time of such proceedings. If any penalty, forfeiture or punishment is mitigated by any provision of the new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 465.

KRS 446.120 References to sections, subsections, and paragraphs -- Citation of Acts of General Assembly

446.120. References to sections, subsections, and paragraphs -- Citation of Acts of General Assembly (1) "KRS" may be used as an abbreviation of "Kentucky Revised Statutes." (2) Wherever in the statute laws of this state a reference is made to several sections and the section numbers given in the reference are connected by the word "to," the reference includes both the sections whose numbers are given and all intervening sections. (3) Wherever in the Kentucky Revised Statutes a reference is made to a subsection without stating the section of which the subsection referred to is a part, the reference is to the subsection of the section in which the reference is made. (4) Wherever in the Kentucky Revised Statutes a reference is made to a paragraph without stating the section and subsection of which the paragraph referred to is a part, the reference is to the paragraph of the subsection in which the reference is made. (5) Material in the official edition of the Acts of the General Assembly shall be cited in the following manner: (a) For acts of regular sessions, 19xx Ky. Acts ch. xxx, sec. xxx, e.g., 1990 Ky. Acts ch. 476, sec. 1; and (b) For acts of extraordinary sessions, 19xx (xxx Extra. Sess.) Ky. Acts ch. xxx, sec. xxx, e.g., 1991 (2d Extra. Sess.) Ky. Acts ch. 5, sec. 101. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 431, sec. 4, effective July 14, 1992. -- Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, to clarify chapter.

KRS 446.130 Kentucky Revised Statutes speak for themselves -- Conflicts -- Ambiguities

446.130. Kentucky Revised Statutes speak for themselves -- Conflicts -- Ambiguities The Kentucky Revised Statutes of 1942 are intended to speak for themselves, and all sections of the Kentucky Revised Statutes of 1942 shall be considered to speak as of the same date, except that in cases of conflict between two (2) or more sections or of a latent or patent ambiguity in a section, reference may be had to the Acts of the General Assembly from which the sections are indicated to have been derived, for the purpose of applying the rules of construction relating to repeal by implication or for the purpose of resolving the ambiguity. Like reference may be had to any special acts or charters granted by the General Assembly prior to the adoption of the present Constitution, for the like purpose. Effective: October 1, 1942 History: Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, to aid in construction of revision and to give full effect to the legislative intent in enacting the revision.

KRS 446.140 Titles, headings, and notes

446.140. Titles, headings, and notes Title heads, chapter heads, section and subsection heads or titles, and explanatory notes and cross references, in the Kentucky Revised Statutes, do not constitute any part of the law, except as provided in KRS 355.1-107. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 71, sec. 12, effective July 15, 2014. -- Amended 1958 Ky. Acts ch. 77, secs 10-108. -- Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942.

KRS 446.145 Manner of indicating amended, created, repealed, and repealed and reenacted sections and sections not intended to be codified

446.145. Manner of indicating amended, created, repealed, and repealed and reenacted sections and sections not intended to be codified (1) Bills amending an existing section of the statutes shall indicate the material proposed to be deleted by brackets and by striking through the material. (2) Bills amending an existing section of the statutes shall indicate new material by underlining. (3) Bills creating a new section of the statutes shall begin with the phrase "A NEW SECTION OF KRS CHAPTER --- IS CREATED TO READ AS FOLLOWS:" and shall contain underlining of all material in the section. (4) Bills repealing a section of the statutes shall list the statute number and headnote. (5) (a) Bills repealing and reenacting a section of the statutes without change from the text of that statute as it read at the time of its repeal shall begin with the phrase "KRS --- is repealed and reenacted (or "reenacted as a new section of KRS Chapter ---", if appropriate) to read as follows:" and shall not contain underlining of the reenacted text. (b) Bills repealing and reenacting a section of the statutes with changes from the text of that statute as it read at the time of its repeal shall begin with the phrase "KRS --- is repealed, reenacted (or "reenacted as a new section of KRS Chapter ---", if appropriate), and amended to read as follows:", shall indicate the material proposed to be deleted by brackets and by striking through the material, and shall indicate new material by underlining. (c) Bills repealing and reenacting a section of the statutes with text totally different from the text of that statute as it read at the time of its repeal or so substantially different that using the procedure set out in paragraph (b) of this subsection is impracticable shall begin with the phrase "KRS --- IS REPEALED AND REENACTED (or "REENACTED AS A NEW SECTION OF KRS CHAPTER ---", if appropriate) TO READ AS FOLLOWS:" and shall indicate the reenacted text of the statute by underlining. (6) Sections of a bill not intended to be codified shall begin simply with the section number within the bill without any further introductory phrase, and the text of those sections shall be in normal type and not in all capitals or with underlining. These not-to-be-codified sections shall ordinarily be placed at the end of the bill or, in a bill having multiple parts, at the end of a particular part of that bill. Unless expressly drafted in a manner indicating codification is intended or unless determined by the reviser of statutes that codification is appropriate and necessary, the following material shall not be codified, in conformity with KRS 7.131(3): (a) Repealers and repeals of repealers; (b) Appropriation provisions; (c) Temporary provisions; (d) Construction clauses, including severability clauses; (e) A short title, if necessary, for an act that is not a distinct codifiable unit; and (f) Effective date provisions. Effective: July 1, 1997 History: Amended 1996 Ky. Acts ch. 46, sec. 10, effective July 1, 1997. -- Amended 1992 Ky. Acts ch. 431, sec. 5, effective July 14, 1992. -- Created 1962 Ky. Acts ch. 43, sec. 1.

KRS 446.150 Kentucky Revised Statutes substituted for former laws

446.150. Kentucky Revised Statutes substituted for former laws The provisions of the Kentucky Revised Statutes of 1942 shall be considered as substituted in a continuing way for the provisions of the prior statute laws repealed by the act enacting the Kentucky Revised Statutes. Effective: October 1, 1942 History: Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, to make clear the effect of the revision.

KRS 446.160 Unconstitutionality of part of Kentucky Revised Statutes, effect

446.160. Unconstitutionality of part of Kentucky Revised Statutes, effect If any provision of the Kentucky Revised Statutes, derived from an act that amended or repealed a pre-existing statute, is held unconstitutional, the general repeal of all former statutes by the act enacting the Kentucky Revised Statutes shall not prevent the pre- existing statute from being law if that appears to have been the intent of the General Assembly. Effective: October 1, 1942 History: Created 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, to avoid any hiatus arising by reason of the unconstitutionality of any part of the Kentucky Revised Statutes.

KRS 446.170 Effect of 1942 act amending or repealing section of Carroll's Statutes or of former legislative act

446.170. Effect of 1942 act amending or repealing section of Carroll's Statutes or of former legislative act Any act passed at the 1942 Regular Session of the General Assembly amending or repealing any provision of the statute laws by reference to a section number of the Session Acts or of Carroll's Statutes shall be considered as amending or repealing, as the case may be, so much of the Kentucky Revised Statutes as is indicated in the Kentucky Revised Statutes as having been derived from the section of the Session Acts or of Carroll's Statutes so amended or repealed, and shall not be considered as reviving any part of Carroll's Statutes or of any Session Acts so amended other than the part set forth at length in the amending act. History: Created 1942 Ky. Acts ch. 208, sec. 3.

KRS 446.180 Repealed, 1966

446.180. Repealed, 1966 Catchline at repeal: Rules of construction applicable to Kentucky Revised Statutes and Criminal Code concerning Rules of Civil Procedure. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Created 1952 Ky. Acts ch. 84, sec. 2.

KRS 446.190 Rules of Civil Procedure to govern taking of appeals -- Statutes govern time of taking certain appeals

446.190. Rules of Civil Procedure to govern taking of appeals -- Statutes govern time of taking certain appeals Where a statute grants a right of appeal to the Court of Appeals in special civil cases, the Rules of Civil Procedure shall govern the taking of the appeal, unless in conflict with a specific provision of the statute, except that any notice of appeal required by the Rules shall be given within the time specified in the Rules. In all cases where the statute limits the taking of the appeal to a specific time the appeal shall be docketed in the Court of Appeals within the time so specified. History: Created 1952 Ky. Acts ch. 84, sec. 3.

KRS 446.200 Demurrer, motion to quash, construction

446.200. Demurrer, motion to quash, construction As used in any statute that relates to criminal procedure, the terms "demurrer," "motion to quash" or similar terms shall be construed to mean the motion raising a defense or objection as provided in the Rules of Criminal Procedure. History: Created 1962 Ky. Acts ch. 234, sec. 58.

KRS 446.210 Repealed, 1966

446.210. Repealed, 1966 Catchline at repeal: References to Criminal Code. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Created 1962 Ky. Acts ch. 234, sec. 59.

KRS 446.250 Conflicting amendments -- Last enactment to prevail

446.250. Conflicting amendments -- Last enactment to prevail In the event of a conflict between measures amending the same section of statutes, the one which passes the General Assembly last shall prevail. For purposes of codification only, a House bill shall be deemed to have passed the General Assembly when signed by the President of the Senate and a Senate bill shall be deemed to have passed the General Assembly when signed by the Speaker of the House of Representatives. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 1, effective February 5, 1982.

KRS 446.260 Repeal to prevail over amendment of same statute

446.260. Repeal to prevail over amendment of same statute In the event of a conflict between a measure amending a statute and one repealing the same statute, the bill repealing the statute shall prevail unless the bill amending the statute specifically repeals the previous repeal. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 2, effective February 5, 1982.

KRS 446.270 Effect of failure to underline new language in amended statute

446.270. Effect of failure to underline new language in amended statute In the event material is placed in a bill amending a statute which is not underlined and which is not contained in the original text of the statute, the material shall be considered as extraneous and shall have no force and effect and shall be deleted from any publication of the statutes by the statute reviser. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 3, effective February 5, 1982.

KRS 446.280 Effect of failure to indicate deleted material by brackets and strike through

446.280. Effect of failure to indicate deleted material by brackets and strike through In the event material which was in the original text of a statute is deleted from the statute in a bill amending the statute but is not indicated by brackets and strike through, the deletion shall be considered in error and shall have no force and effect and shall be retained in any publication of statutes by the statute reviser. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 4, effective February 5, 1982.

KRS 446.290 Effect of delayed repeal

446.290. Effect of delayed repeal In the event a bill with a delayed effective date repeals a statute amended at the same session of the General Assembly, the statute shall be considered to be amended at the date specified in the amending act and shall stand repealed as of the date specified in the repealing act. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 5, effective February 5, 1982.

KRS 446.300 Effect of delayed amendment

446.300. Effect of delayed amendment In the event a bill with a delayed effective date amends a statute repealed at the same session of the General Assembly, the repeal shall prevail and the amendment shall have no force and effect. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 6, effective February 5, 1982.

KRS 446.310 Procedure for technical correction on face of bill to be presented to Governor

446.310. Procedure for technical correction on face of bill to be presented to Governor When the House or Senate clerk or a member of his staff makes a change or correction on the face of the bill to be presented to the Governor for his approval or other action, he shall deliver a copy of the bill containing the change to the statute reviser and shall affix his signature and the date of making the change on the face of the original bill and the copy sent to the statute reviser in a position near the changed material. Any change not so indicated and signed shall be null and void and shall not be placed in the statutes by the statute reviser. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 7, effective February 5, 1982.

KRS 446.320 Amendment of section with delayed effective date

446.320. Amendment of section with delayed effective date When the General Assembly amends a section of the statutes which, due to a delayed effective date at the time of enactment, is not effective when the amendment is enacted, such amendment shall not hasten the effective date of the statute, unless the General Assembly has clearly indicated that such is its intention by a change in the effective date. Effective: February 5, 1982 History: Created 1982 Ky. Acts ch. 2, sec. 8, effective February 5, 1982.

KRS 446.350 Prohibition upon government substantially burdening freedom of religion -- Showing of compelling governmental interest -- Description of "burden."

446.350. Prohibition upon government substantially burdening freedom of religion -- Showing of compelling governmental interest -- Description of "burden." Government shall not substantially burden a person's freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 111, sec. 1, effective June 25, 2013.

KRS 446.400 Determination of death -- Minimal conditions to be met

446.400. Determination of death -- Minimal conditions to be met For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the following minimal conditions have been met: (1) When respiration and circulation are not artificially maintained, there is an irreversible cessation of spontaneous respiration and circulation; or (2) When respiration and circulation are artificially maintained, and there is a total and irreversible cessation of all brain function, including the brain stem and that such determination is made by two (2) licensed physicians. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 132, sec. 1, effective July 15, 1986.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39344Fetched: 10/20/2026