UNOFFICIAL COPY 25 RS BR 1030
Page 1 of 2
XXXX 1/6/2025 4:11 PM Jacketed
AN ACT relating to the waiver of qualified official immunity. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Except as otherwise provided in subsection (2) of this section, it shall not be a 5
defense or immunity to any action brought against an employee or agent of a 6
public postsecondary education institution in his or her official capacity that the 7
employee or agent: 8
(a) Acted in good faith and within the scope of his or her employment or 9
authority in exercising discretion and judgment or personal deliberation in 10
performing an act or omission; 11
(b) Believed, reasonably or otherwise, that his or her conduct was lawful at the 12
time when it was committed; or 13
(c) Deprived legal rights, privileges, or immunities, by an act or omission, that 14
were not clearly established at the time of their deprivation, or that the state 15
of the law was otherwise such that the employee or agent could not 16
reasonably have been expected to know whether his or her conduct was 17
lawful. 18
(2) Subsection (1) of this section shall not apply to an employee or agent of public 19
postsecondary education institution who is acting in his or her official capacity as 20
a law enforcement officer as defined in KRS 15.310. 21
Section 2. KRS 164.6949 is amended to read as follows: 22
Nothing in KRS 164.6941 to 164.6951 shall be interpreted as: 23
(1) Waiving the immunity of any public postsecondary educational institution[ or its 24
employees, agents, or authorized volunteers]; 25
(2) Granting name, image, or likeness rights or requiring compensation for the use of 26
the name, image, or likeness of any student-athlete prior to March 9, 2022; 27 UNOFFICIAL COPY 25 RS BR 1030
Page 2 of 2
XXXX 1/6/2025 4:11 PM Jacketed
(3) Establishing student-athletes as employees or independent contractors of an 1
institution or an association; or 2
(4) Modifying the powers or waiving the rules or regulations of the Kentucky Board of 3
Education or the agency designated to manage interscholastic athletics under KRS 4
156.070. 5