Download as PDF
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) "Cattle" includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex;
(9) "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 delivered or delivery was attempted;
and
(c) The signature of the receipt of the document or package;
(10) "Company" may extend and be applied to any corporation, company, person,
partnership, joint stock company, or association;
(11) "Corporation" may extend and be applied to any corporation, company, partnership,
joint stock company, or association;
(12) "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;
(13) "Cruelty" as applied to animals includes every act or omission whereby unjustifiable
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
physical pain, suffering, or death is caused or permitted;
"Directors," when applied to corporations, includes managers or trustees;
"Domestic," when applied to a corporation, partnership, business trust, or limited
liability company, means all those incorporated or formed by authority of this state;
"Domestic animal" means any animal converted to domestic habitat;
"Evidence-based practices" means policies, procedures, programs, and practices
proven by scientific research to reliably produce reductions in recidivism when
implemented competently;
"Federal" refers to the United States;
"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;
"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;
"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; 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;
"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;
"Issue," as applied to the descent of real estate, includes all the lawful lineal
descendants of the ancestors;
"Land" or "real estate" includes lands, tenements, and hereditaments and all rights
thereto and interest therein, other than a chattel interest;
"Legatee" and "devisee" convey the same idea;
"May" is permissive;
"Month" means calendar month;
"Oath" includes "affirmation" in all cases in which an affirmation may be
substituted for an oath;
"Owner" when applied to any animal, means any person having a property interest
in such animal;
"Partnership" includes both general and limited partnerships;
"Peace officer" includes sheriffs, constables, coroners, jailers, metropolitan and
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
urban-county government correctional officers, marshals, policemen, and other
persons with similar authority to make arrests;
"Penitentiary" includes all of the state penal institutions except the houses of
reform;
"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;
"Personal estate" includes chattels, real and other estate that passes to the personal
representative upon the owner dying intestate;
"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;
"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;
"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;
"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;
"Shall" is mandatory;
"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;
"State funds" or "public funds" means sums actually received in cash or negotiable
instruments from all sources unless otherwise described by any state agency, stateowned 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;
"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 communitybased programs that are consistent with evidence-based practices; cognitivebehavioral 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 evennumbered 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; and
(56) "Cooperative," except in KRS Chapter 272, includes a limited cooperative
association.
Effective: July 12, 2012
History: 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, effective 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 (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 81, 139, and 160, which do not appear to be in conflict and have been
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
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.