UNOFFICIAL COPY 25 RS BR 1834
Page 1 of 1
XXXX 2/19/2025 9:55 AM Jacketed
AN ACT relating to the funding of lawsuits instituted by the Commonwealth. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 48 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) An executive branch official shall not expend any appropriations or funds, 5
including the use of state employee time or resources, to challenge any action of 6
the federal government without the written consent of the Attorney General. 7
(2) The Attorney General shall represent the Commonwealth in all litigation 8
affecting the Commonwealth. The Governor shall not use his or her office to take 9
a position on legal actions against the federal government without the written 10
consent of the Attorney General. 11
(3) (a) The Attorney General may bring a civil action to enjoin the Governor or an 12
executive branch official from violating subsection (1) or (2) of this section. 13
If the Governor or an executive branch official is found to have violated 14
subsection (1) or (2) of this section, his or her office shall reimburse the 15
Attorney General for any expenses incurred in bringing forth the action. 16
(b) Any executive branch official who violates subsection (1) of this section 17
shall have committed an act of malfeasance, and an abuse of his or her 18
office and may be subject to removal from his or her office as provided by 19
law. 20
(4) (a) Sovereign, governmental, and qualified immunity are waived to the extent 21
of liability created under this section. 22
(b) The Commonwealth waives immunity for prospective equitable and 23
declaratory relief under the Eleventh Amendment to the Constitution of the 24
United States for cases brought against it in federal jurisdictions for similar 25
causes of action to that of this section. 26