49.070 State institutions of higher education declared agencies of state government
856 words·~4 min read·
/ky/49-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
for purposes of KRS 49.060 -- Jurisdiction of Board of Claims -- Sovereign
immunity -- Exposure to asbestos claims.
(1)For purposes of KRS 49.060, state institutions of higher education under KRS
Chapter 164 are agencies of the state.
(2)The Board of Claims shall have primary and exclusive jurisdiction over all
negligence claims for the negligent performance of ministerial acts against the
Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any
officers, agents, or employees thereof while acting within the scope of their
employment.
(3)The board shall have primary and exclusive jurisdiction to make findings of fact,
conclusions of law, and legal determinations with regard to whether the alleged
negligent act was on the part of the Commonwealth or any of its cabinets,
departments, bureaus, or agencies or any officers, agents, or employees thereof.
(4)The board shall have primary and exclusive jurisdiction to make findings of fact,
conclusions of law, and legal determinations with regard to whether the alleged
negligent act was on the part of the Commonwealth or 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.
(5)No action for negligence against the Commonwealth, any of its cabinets,
departments, bureaus, or agencies, or any officers, agents, or employees thereof may
be brought in any other court or forum in the Commonwealth except the board
unless the board makes a final determination that it does not have primary and
exclusive jurisdiction over the claim.
(6)The determination by the board becomes final only after all appellate rights have
been finalized or waived.
(7)Any applicable statute of limitations for bringing negligence actions in any court or
forum other than the board shall be tolled pending the final determination that the
board does not have primary and exclusive jurisdiction of the negligence claim.
(8)No action for negligence may be brought in any court or forum other than the board
against 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.
(9)Negligence as used herein includes negligence, gross negligence, or wanton
negligence.
(10)The defense of contributory negligence is not a complete bar to recovery of a
plaintiff's claim in the board, and the doctrine of comparative negligence shall be
utilized by the board.
(11)Except as otherwise provided by KRS 49.040 to 49.180, nothing contained herein
shall be construed to be a waiver of sovereign immunity or any other immunity or
privilege maintained by the Commonwealth, its cabinets, departments, bureaus, and
agencies and its officers, agents, and employees.
(12)Except as otherwise specifically set forth by statute and in reference to subsection
(11)of this section, no action for damages may be maintained in any court or forum
against the Commonwealth, any of its cabinets, departments, bureaus, or agencies or
any of its officers, agents, or employees while acting within their official capacity
and scope of their employment by the Commonwealth or any of its cabinets,
departments, bureaus, or agencies.
(13)The preservation of sovereign immunity referred to in subsections
(11)and
(12)of
this section includes but is not limited to the following:
(a)Discretionary acts or decisions;
(b)Executive decisions;
(c)Ministerial acts;
(d)Actions in the performance of obligations running to the public as a whole;
(e)Governmental performance of a self-imposed protective function to the public
or citizens; and
(f)Administrative acts.
(14)The filing of an action in court or any other forum or the purchase of liability
insurance or the establishment of a fund for self-insurance by the Commonwealth,
its cabinets, departments, bureaus, or agencies or its agents, officers, or employees
thereof for a government-related purpose or duty shall not be construed as a waiver
of sovereign immunity or any other immunity or privilege thereby held. Except as
specifically set forth by statute, no counterclaim, set-off, recoupment, cross-claim,
or other form of avoidance of the claim for damages may be asserted by any person
when suit is brought against said person by the Commonwealth or any of its
cabinets, departments, bureaus, or agencies thereof.
(15)Neither the Commonwealth nor any of its cabinets, departments, bureaus, or
agencies or any officers, agents, or employees thereof shall be liable under a
respondeat superior theory or any other similar theory for the acts of independent
contractors, contractors, or subcontractors thereof or anyone else doing work or
providing services for the state on a volunteer basis or pursuant to a contract
therewith.
(16)Any claim against the Commonwealth or its departments, agencies, officers, agents,
or employees, or a school district board of education or its members, officers,
agents, or employees, for damages sustained as a result of exposure to asbestos
before, during, or after its removal from a facility owned, leased, occupied, or
operated by the Commonwealth or a school district board of education shall be
brought before the Board of Claims.