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446.010 Definitions for statutes generally. (Effective until January 1, 2011)
As used in the statute laws of this state, unless the context requires otherwise: <br>(1) "Action" includes all proceedings in any court of this state; <br>(2) "Animal" includes every warm-blooded living creature except a human being; <br>(3) "Attorney" means attorney-at-law; <br>(4) "Bequeath" and "devise" mean the same thing; <br>(5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal
estate, or both;
(6) "Cattle" includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex; <br>(7) "Company" may extend and be applied to any corporation, company, person,
partnership, joint stock company, or association;
(8) "Corporation" may extend and be applied to any corporation, company, partnership,
joint stock company, or association;
(9) "Cruelty" as applied to animals includes every act or omission whereby unjustifiable
physical pain, suffering, or death is caused or permitted;
(10) "Directors," when applied to corporations, includes managers or trustees; <br>(11) "Domestic," when applied to corporations, partnerships, limited partnerships, or
limited liability companies, means all those incorporated or formed by authority of <br>this state;
(12) "Domestic animal" means any animal converted to domestic habitat; <br>(13) "Federal" refers to the United States; <br>(14) "Foreign," when applied to corporations, partnerships, limited partnerships, or
limited liability companies, includes all those incorporated or formed by authority <br>of any other state;
(15) "Generally accepted accounting principles" are those uniform minimum standards
of and guidelines to financial accounting and reporting as adopted by the National <br>Council on Governmental Accounting, under the auspices of the Municipal Finance <br>Officers Association and by the Financial Accounting Standards Board, under the <br>auspices of the American Institute of Certified Public Accountants;
(16) "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 <br>as its primary purpose the prevention of cruelty to animals;
(17) "Issue," as applied to the descent of real estate, includes all the lawful lineal
descendants of the ancestors;
(18) "Land" or "real estate" includes lands, tenements, and hereditaments and all rights
thereto and interest therein, other than a chattel interest;
(19) "Legatee" and "devisee" convey the same idea; <br>(20) "May" is permissive; <br>(21) "Month" means calendar month;
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(22) "Oath" includes "affirmation" in all cases in which an affirmation may be
substituted for an oath;
(23) "Owner" when applied to any animal, means any person having a property interest
in such animal;
(24) "Partnership" includes both general and limited partnerships; <br>(25) "Peace officer" includes sheriffs, constables, coroners, jailers, metropolitan and
urban-county government correctional officers, marshals, policemen, and other <br>persons with similar authority to make arrests;
(26) "Penitentiary" includes all of the state penal institutions except the houses of
reform;
(27) "Person" may extend and be applied to bodies-politic and corporate, societies,
communities, the public generally, individuals, partnerships, registered limited <br>liability partnerships, joint stock companies, and limited liability companies;
(28) "Personal estate" includes chattels, real and other estate that passes to the personal
representative upon the owner dying intestate;
(29) "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 <br>are elected;
(30) "Shall" is mandatory; <br>(31) "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, <br>territory, outlying possession, the District of Columbia, and any foreign government <br>or country;
(32) "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-<br>owned corporation, university, department, cabinet, fiduciary for the benefit of any <br>form of state organization, authority, board, bureau, interstate compact, <br>commission, committee, conference, council, office, or any other form of <br>organization whether or not the money has ever been paid into the Treasury and <br>whether or not the money is still in the Treasury if the money is controlled by any <br>form of state organization, except for those funds the management of which is to be <br>reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, <br>and 42.615;
(33) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted
for an oath;
(34) "United States" includes territories, outlying possessions, and the District of
Columbia;
(35) "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 <br>person elected or appointed to an office fails to qualify according to law, or when <br>there has been no election to fill the office at the time appointed by law; it applies <br>whether the vacancy is occasioned by death, resignation, removal from the state, <br>county or district, or otherwise;
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(36) "Violate" includes failure to comply with; <br>(37) "Will" includes codicils; "last will" means last will and testament; <br>(38) "Year" means calendar year; <br>(39) "City" includes town; <br>(40) 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 <br>purposes specified in the authorization and under the procedure prescribed in <br>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 <br>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 <br>provided for in KRS Chapter 48;
(41) "Mediation" means a nonadversarial process in which a neutral third party
encourages and helps disputing parties reach a mutually acceptable agreement. <br>Recommendations by mediators are not binding on the parties unless the parties <br>enter into a settlement agreement incorporating the recommendations;
(42) "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;
(43) "Branch budget bill" or "branch budget" means an enactment by the General
Assembly which provides appropriations and establishes fiscal policies and <br>conditions for the biennial financial plan for the judicial branch, the legislative <br>branch, and the executive branch, which shall include a separate budget bill for the <br>Transportation Cabinet; and
(44) "AVIS" means the automated vehicle information system established and
maintained by the Transportation Cabinet to collect titling and registration <br>information on vehicles and boats and information on holders of motor vehicle <br>operator's licenses and personal identification cards.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 61, sec. 1, effective July 15, 2010.-- Amended
2009 Ky. Acts ch. 78, sec. 42, effective June 25, 2009. -- Amended 2006 Ky. Acts <br>ch. 149, sec. 237, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 140, sec. 3, <br>effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 261, sec. 2, effective July 15, <br>1998. -- Amended 1994 Ky. Acts ch. 387, sec. 31, effective July 15, 1994; and <br>ch. 389, sec. 110, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 138, sec. 3, <br>effective January 3, 1994. -- Amended 1984 Ky. Acts ch. 2, sec. 1, effective January <br>26, 1984. -- Amended 1982 Ky. Acts ch. 382, sec. 30, effective July 15, 1982. -- <br>Amended 1980 Ky. Acts ch. 16, sec. 2; and ch. 188, sec. 181, effective July 1, 1980. <br>-- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 462, effective January 2, <br>1978. -- Amended 1974 Ky. Acts ch. 406, sec. 331. -- Amended 1966 Ky. Acts <br>ch. 255, sec. 277. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, <br>1942, from Ky. Stat. secs. 446, 451, 452, 456, 457, 458, 463, 467, 469, 575, 751, <br>1521.
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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 <br>in Senate Bill 263 of the 1980 Regular Session of the Kentucky General Assembly <br>because the 1980 Senate Journal indicates that Senate Bill 263 was vetoed by <br>Governor John Y. Brown, Jr., on April 9, 1980, and recommitted by action of the <br>Senate to its Committee on Appropriations and Revenue on April 14, 1980. Senate <br>Bill 263 proposed to change subsection (2) to read as follows: " 'Animal' includes <br>every warmblooded living creature except birds and human beings;". By a letter <br>dated March 16, 1990, the Attorney General has informally opined that Governor <br>Brown's veto of Senate Bill 263 was not timely; that letter has exhibits showing that <br>the bill was received by the Governor on March 28, 1980, and that his veto was <br>received by the Senate Clerk on April 10, 1980.
446.010 Definitions for statutes generally. (Effective January 1, 2011) <br>As used in the statute laws of this state, unless the context requires otherwise: <br>(1) "Action" includes all proceedings in any court of this state; <br>(2) "Animal" includes every warm-blooded living creature except a human being; <br>(3) "Attorney" means attorney-at-law; <br>(4) "Bequeath" and "devise" mean the same thing; <br>(5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal
estate, or both;
(6) "Cattle" includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex; <br>(7) "Company" may extend and be applied to any corporation, company, person,
partnership, joint stock company, or association;
(8) "Corporation" may extend and be applied to any corporation, company, partnership,
joint stock company, or association;
(9) "Cruelty" as applied to animals includes every act or omission whereby unjustifiable
physical pain, suffering, or death is caused or permitted;
(10) "Directors," when applied to corporations, includes managers or trustees; <br>(11) "Domestic," when applied to a corporation, partnership, business trust, or limited
liability company, means all those incorporated or formed by authority of this state;
(12) "Domestic animal" means any animal converted to domestic habitat; <br>(13) "Federal" refers to the United States; <br>(14) "Foreign," when applied to a corporation, partnership, business trust, or limited
liability company, includes all those incorporated or formed by authority of any <br>other state;
(15) "Generally accepted accounting principles" are those uniform minimum standards
of and guidelines to financial accounting and reporting as adopted by the National <br>Council on Governmental Accounting, under the auspices of the Municipal Finance <br>Officers Association and by the Financial Accounting Standards Board, under the <br>auspices of the American Institute of Certified Public Accountants;
(16) "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 <br>as its primary purpose the prevention of cruelty to animals;
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(17) "Issue," as applied to the descent of real estate, includes all the lawful lineal
descendants of the ancestors;
(18) "Land" or "real estate" includes lands, tenements, and hereditaments and all rights
thereto and interest therein, other than a chattel interest;
(19) "Legatee" and "devisee" convey the same idea; <br>(20) "May" is permissive; <br>(21) "Month" means calendar month; <br>(22) "Oath" includes "affirmation" in all cases in which an affirmation may be
substituted for an oath;
(23) "Owner" when applied to any animal, means any person having a property interest
in such animal;
(24) "Partnership" includes both general and limited partnerships; <br>(25) "Peace officer" includes sheriffs, constables, coroners, jailers, metropolitan and
urban-county government correctional officers, marshals, policemen, and other <br>persons with similar authority to make arrests;
(26) "Penitentiary" includes all of the state penal institutions except the houses of
reform;
(27) "Person" may extend and be applied to bodies-politic and corporate, societies,
communities, the public generally, individuals, partnerships, joint stock companies, <br>and limited liability companies;
(28) "Personal estate" includes chattels, real and other estate that passes to the personal
representative upon the owner dying intestate;
(29) "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 <br>are elected;
(30) "Shall" is mandatory; <br>(31) "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, <br>territory, outlying possession, the District of Columbia, and any foreign government <br>or country;
(32) "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-<br>owned corporation, university, department, cabinet, fiduciary for the benefit of any <br>form of state organization, authority, board, bureau, interstate compact, <br>commission, committee, conference, council, office, or any other form of <br>organization whether or not the money has ever been paid into the Treasury and <br>whether or not the money is still in the Treasury if the money is controlled by any <br>form of state organization, except for those funds the management of which is to be <br>reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, <br>and 42.615;
(33) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted
for an oath;
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(34) "United States" includes territories, outlying possessions, and the District of
Columbia;
(35) "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 <br>person elected or appointed to an office fails to qualify according to law, or when <br>there has been no election to fill the office at the time appointed by law; it applies <br>whether the vacancy is occasioned by death, resignation, removal from the state, <br>county or district, or otherwise;
(36) "Violate" includes failure to comply with; <br>(37) "Will" includes codicils; "last will" means last will and testament; <br>(38) "Year" means calendar year; <br>(39) "City" includes town; <br>(40) 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 <br>purposes specified in the authorization and under the procedure prescribed in <br>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 <br>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 <br>provided for in KRS Chapter 48;
(41) "Mediation" means a nonadversarial process in which a neutral third party
encourages and helps disputing parties reach a mutually acceptable agreement. <br>Recommendations by mediators are not binding on the parties unless the parties <br>enter into a settlement agreement incorporating the recommendations;
(42) "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;
(43) "Branch budget bill" or "branch budget" means an enactment by the General
Assembly which provides appropriations and establishes fiscal policies and <br>conditions for the biennial financial plan for the judicial branch, the legislative <br>branch, and the executive branch, which shall include a separate budget bill for the <br>Transportation Cabinet; and
(44) "AVIS" means the automated vehicle information system established and
maintained by the Transportation Cabinet to collect titling and registration <br>information on vehicles and boats and information on holders of motor vehicle <br>operator's licenses and personal identification cards.
Effective: January 1, 2011 <br>History: 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, <br>effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 149, sec. 237, effective July <br>12, 2006. -- Amended 2001 Ky. Acts ch. 140, sec. 3, effective June 21, 2001. --
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Amended 1998 Ky. Acts ch. 261, sec. 2, effective July 15, 1998. -- Amended 1994 <br>Ky. Acts ch. 387, sec. 31, effective July 15, 1994; and ch. 389, sec. 110, effective <br>July 15, 1994. -- Amended 1990 Ky. Acts ch. 138, sec. 3, effective January 3, 1994. -<br>- Amended 1984 Ky. Acts ch. 2, sec. 1, effective January 26, 1984. -- Amended 1982 <br>Ky. Acts ch. 382, sec. 30, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 16, <br>sec. 2; and ch. 188, sec. 181, effective July 1, 1980. -- Amended 1976 (1st Extra. <br>Sess.) Ky. Acts ch. 14, sec. 462, effective January 2, 1978. -- Amended 1974 Ky. <br>Acts ch. 406, sec. 331. -- Amended 1966 Ky. Acts ch. 255, sec. 277. -- Recodified <br>1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 446, <br>451, 452, 456, 457, 458, 463, 467, 469, 575, 751, 1521.
Legislative Research Commission Note (1/1/2011). This section was amended by 2010
Ky. Acts chs. 61 and 151, which do not appear to be in conflict and have been <br>codified together.
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 <br>in Senate Bill 263 of the 1980 Regular Session of the Kentucky General Assembly <br>because the 1980 Senate Journal indicates that Senate Bill 263 was vetoed by <br>Governor John Y. Brown, Jr., on April 9, 1980, and recommitted by action of the <br>Senate to its Committee on Appropriations and Revenue on April 14, 1980. Senate <br>Bill 263 proposed to change subsection (2) to read as follows: " 'Animal' includes <br>every warmblooded living creature except birds and human beings;". By a letter <br>dated March 16, 1990, the Attorney General has informally opined that Governor <br>Brown's veto of Senate Bill 263 was not timely; that letter has exhibits showing that <br>the bill was received by the Governor on March 28, 1980, and that his veto was <br>received by the Senate Clerk on April 10, 1980.
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