48.027 Appropriations not to be used by state official or agency to challenge

175 words·~1 min read·/ky/48-027

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

constitutionality -- Limited exceptions -- Attorney General sole named

respondent in challenge to this section.

(1)Notwithstanding any statute, administrative regulation, or common law to the

contrary, and except as provided in this subsection, appropriations from the

general fund, any restricted fund, the road fund, or any federal funds, whether

for employee time or any other purpose, shall not be expended by an elected

statewide constitutional officer, except the Attorney General, or by any other

state official, employee, or agency, other than the Department of Public

Advocacy in a criminal matter, to bring or support a challenge to the

constitutionality of any legislative act or resolution of the General Assembly.

Nothing in this section shall limit any officer, official, employee, or agency in the

defense of any action brought against him or her by a party with proper

standing.

(2)If the constitutionality of subsection

(1)of this section is challenged through

litigation, the Attorney General shall be the sole named respondent for the

Commonwealth of Kentucky in such litigation and shall consult with the