2 chapters · 40 sections in this title.
KRS § 446.010 Definitions for statutes generally
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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" …
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
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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 …
KRS § 446.013 Terms "mental retardation" and "mentally retarded" not to be used in statutes -- Acceptable replacement terms
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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 retar…
KRS § 446.015 Statutes to be written in nontechnical language
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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 bi…
KRS § 446.017 Conditions under which portion of bill may be void
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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…
KRS § 446.020 Singular includes plural -- Masculine includes feminine
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(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. (…
KRS § 446.030 Computation of time
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(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 …
KRS § 446.040 Adjournment of proceedings over weekend
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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.
KRS § 446.050 Majority may act for all
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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.
KRS § 446.060 Writings -- Signature must be at end -- To be in English
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(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.
KRS § 446.070 Penalty no bar to civil recovery
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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.
KRS § 446.080 Liberal construction -- Statutes not retroactive -- Common usage -- Technical terms
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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 o…
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
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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…
KRS § 446.084 Judicial review of administrative body actions to be de novo
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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 regula…
KRS § 446.090 Severability
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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 essential…
KRS § 446.100 Effect of repeal of prior repealer or amendment
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(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 re…
KRS § 446.110 Offenses committed and rights accruing prior to repeal of law
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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 offe…
KRS § 446.120 References to sections, subsections, and paragraphs -- Citation of Acts of General Assembly
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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 …
KRS § 446.130 Kentucky Revised Statutes speak for themselves -- Conflicts -- Ambiguities
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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…
KRS § 446.140 Titles, headings, and notes
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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.
KRS § 446.145 Manner of indicating amended, created, repealed, and repealed and reenacted sections and sections not intended to be codified
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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 in…
KRS § 446.150 Kentucky Revised Statutes substituted for former laws
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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.
KRS § 446.160 Unconstitutionality of part of Kentucky Revised Statutes, effect
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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 statut…
KRS § 446.170 Effect of 1942 act amending or repealing section of Carroll's Statutes or of former legislative act
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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 ca…
KRS § 446.190 Rules of Civil Procedure to govern taking of appeals -- Statutes govern time of taking certain appeals
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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 appe…
KRS § 446.200 Demurrer, motion to quash, construction
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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.
KRS § 446.250 Conflicting amendments -- Last enactment to prevail
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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…
KRS § 446.260 Repeal to prevail over amendment of same statute
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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.
KRS § 446.270 Effect of failure to underline new language in amended statute
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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 …
KRS § 446.280 Effect of failure to indicate deleted material by brackets and strike through
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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 ret…
KRS § 446.290 Effect of delayed repeal
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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.
KRS § 446.300 Effect of delayed amendment
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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.
KRS § 446.310 Procedure for technical correction on face of bill to be presented to Governor
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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 affi…
KRS § 446.320 Amendment of section with delayed effective date
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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 i…
KRS § 446.350 Prohibition upon government substantially burdening freedom of religion -- Showing of compelling governmental interest -- Description of "burden."
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-- 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 unle…
KRS § 446.400 Determination of death -- Minimal conditions to be met
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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 respira…