Kentucky Statutes 49.060 – Legislative intent as to sovereign immunity in negligence claims
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It is the intention of the General Assembly to provide the means to enable a person negligently injured by the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies to be able to assert their just claims as herein provided. The Commonwealth thereby waives the sovereign immunity defense only in the limited situations as herein set forth. It is further the intention of the General Assembly to otherwise expressly preserve the sovereign immunity of the Commonwealth, its cabinets, departments, bureaus, and agencies and its officers, agents, and employees while acting in the scope of their employment in all other situations except where sovereign immunity is specifically and expressly waived as set forth by statute. The Board of Claims shall have exclusive jurisdiction to hear claims for damages, except as otherwise specifically set forth by statute, against the Commonwealth, its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 17, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 6, effective June 29, 2017. — Created 1986 Ky. Acts ch. 499, sec. 1, effective July 15,
1986.
Formerly codified as KRS § 44.072.
Effective: June 29, 2021
Terms Used In Kentucky Statutes 49.060
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
History: Amended 2021 Ky. Acts ch. 185, sec. 17, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 6, effective June 29, 2017. — Created 1986 Ky. Acts ch. 499, sec. 1, effective July 15,
1986.
Formerly codified as KRS § 44.072.