Ky. Rev. Stat. » Chapter 446
Kentucky Revised Statutes

Ky. Rev. Stat. § 446.090 (2026)

Severability

✓ current as of May 2026
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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 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.

Notes of Decisions
Cited in 48 cases (10 in the last 5 years), 1947–2026 · leading case: Spanish Cove Sanitation, Inc. v. Louisville-Jefferson Cnty. Metro. Sewer Dist., 72 S.W.3d 918 (Ky. 2002).
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Spanish Cove Sanitation, Inc. v. Louisville-Jefferson Cnty. Metro. Sewer Dist., 72 S.W.3d 918 (Ky. 2002). · cites it 18× “115: An appeal should be taken in this action in regard to the interpretation of KRS 446.090 versus the interpretation of KRS 65.”
Martin v. Commonwealth, 96 S.W.3d 38 (Ky. 2003). · cites it 6× “090, entitled "Severability," provides: 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…”
Univ. of the Cumberlands v. Pennybacker, 308 S.W.3d 668 (Ky. 2010). · cites it 6× “Third, assuming arguendo we could strike an express statement of legislative intent, the justification for doing so under KRS 446.090—to salvage the remaining parts of KRS 164.”
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010). · cites it 2× “…KRS 439.267 (for misdemeanors). [34] Mullins, 956 S.W.2d at 223 . [35] See Prater, 82 S.W.3d at 903-04 . [36] See KRS 446.090 (Severability).”
Democratic Party of Kentucky v. Graham, 976 S.W.2d 423 (Ky. 1998). · cites it 2× “090 provides in part that if any of the statute be held unconstitutional the remaining parts shall remain in force, unless the statute provides otherwise, or the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that…”
Manning, Comm'r of Fin. v. Sims, 213 S.W.2d 577 (Ky. Ct. App. 1948). · cites it 3× “KRS 446.090 provides: “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…”
Legislative Rsch. Comm'n Ex Rel. Prather v. Brown, 664 S.W.2d 907 (Ky. 1984). “It should also be noted that the General Assembly, through its enactment of KRS 446.090 clearly established the necessity of being able to sever a constitutionally infirm section of any statute from the sound portion thereof.”
United Dry Forces v. Lewis, 619 S.W.2d 489 (Ky. 1981). · cites it 2× “[3] Because section (10)(a) complies with the second Mannini test, and because of the implied severability clause set out in KRS 446.090, we hold that, with the exception of section (10)(b), KRS 242.”
Lori Hudson Flanery in Her Off. Capacity as Sec'y of the Fin. & Admin. Cabinet, Commonwealth of Kentucky v. City of Florence, Kentucky, 520 S.W.3d 355 (Ky. 2017). · cites it 2× “KRS 446.090 provides: lt 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…”
Kentucky Milk Mktg. & Antimonopoly Comm'n v. Kroger Co., 691 S.W.2d 893 (Ky. 1985). “[11] The general severability statute is KRS 446.090 which states as follows: "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,…”
Puckett v. Miller, 821 S.W.2d 791 (Ky. 1991). · cites it 3× “At oral argument, the parties agreed that the order was severable and this is in conformity with KRS 446.090 and Commonwealth v. Beasy, Ky.”
McGuffey v. Hall, 557 S.W.2d 401 (Ky. 1977). “KRS 446.090 declares in substance that if any part of a statute be declared invalid the remaining parts shall remain in force unless the General Assembly has provided to the contrary or unless the remaining parts are essentially and inseparably connected with and dependent upon…”
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