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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 physical pain, suffering, or death is caused or permitted;
(14) "Directors," when applied to corporations, includes managers or trustees;
(15) "Domestic," when applied to a corporation, partnership, business trust, or
limited liability company, means all those incorporated or formed by authority of
this state;
(16) "Domestic animal" means any animal converted to domestic habitat;
(17) "Evidence-based practices" means policies, procedures, programs, and
practices proven by scientific research to reliably produce reductions in
recidivism when implemented competently;
(18) "Federal" refers to the United States;
(19) "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;
(20) "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;
(21) "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;
(22) "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;
(23) "Issue," as applied to the descent of real estate, includes all the lawful lineal
descendants of the ancestors;
(24) "Land" or "real estate" includes lands, tenements, and hereditaments and all
rights thereto and interest therein, other than a chattel interest;
(25) "Legatee" and "devisee" convey the same idea;
(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, 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
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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;
"United States" includes territories, outlying possessions, and the District of
Columbia;
"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;
"Violate" includes failure to comply with;
"Will" includes codicils; "last will" means last will and testament;
"Year" means calendar year;
"City" includes town;
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;
"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;
"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;
"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;
"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.
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