98RS SB301

SB301

Unofficial WWW Version


SB 301/LM (BR 2127) - T. Philpot

     AN ACT relating to sovereign immunity.
     Create a new section of KRS Chapter 61 to waive sovereign immunity to the extent that a public agency maintains liability insurance.

SB 301 - AMENDMENTS


     SCS/LM - Delete original provisions, replace by creating a new Section of KRS Chapter 44 to define public servant and public agency and to provide that to the extent that a public servant or public agency has insurance they shall not have or claim sovereign immunity; amend KRS 44.072 relating to claims against the state to prohibit asserting sovereign immunity to the extent that a state agency has insurance or self insurance, amend KRS 44.073 relating to claims against the state, to conform.
     SFA (1, T. Philpot) - Change the amendment of KRS 44.072, relating to claims against the state to provide that the court of appropriate jurisdiction, not the Board of Claims, has jurisdiction to hear claims where sovereign immunity has been expressly waived because the defendant has insurance.
     SFA (2, D. Nunnelley) - Delete reference to self-insurance, insert provision protecting official decision making.

     Feb 12-introduced in Senate
     Feb 17-to Judiciary (S)
     Mar 11-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 12-2nd reading, to Rules
     Mar 16-floor amendment (1) filed to Committee Substitute
     Mar 19-posted for passage in the Consent Orders of the Day for March 23, 1998
     Mar 23-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; passed over and retained in the Orders of the Day; floor amendment (2) filed to Committee Substitute
     Mar 24-returned to Rules
     Mar 26-recommitted to Appropriations and Revenue (S)


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