KRS 304.39-340: Unconstitutionality -- Invalidity -- Severability.
Where this section sits in the code
(1) Except as provided in subsection (2), if any provisions of this subtitle or the
application thereof to any person or circumstance is held to be unconstitutional or
otherwise invalid, the remainder of this subtitle and the application of such
provision to o ther persons or circumstances shall not be affected thereby, and it
shall be conclusively presumed that the legislature would have enacted the
remainder of this subtitle without such invalid or unconstitutional provision.
(2) If the exemption from liabilit y to pay damages in KRS 304.39 -060 is held to be
unconstitutional or invalid as respects substantial numbers of persons or
circumstances, it shall be conclusively presumed that the legislature would not have
enacted the remainder of the subtitle without su ch exemption and the entire subtitle
shall be held invalid; provided, however, any or all of the exceptions to the liability
exemption are severable and the invalidity of any or all of the exemptions shall not
impair the validity of the remainder of the subtitle.
Collected 2026-09-05T20:57:57Z. Source file · JSON