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44.072 Legislative intent as to sovereign immunity in negligence claims.
It is the intention of the General Assembly to provide the means to enable a person
negligently injured by 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 to be able to assert their just claims as herein provided. The
Commonwealth thereby waives the sovereign immunity defense only in the limited
situations as herein set forth. It is further the intention of the General Assembly to
otherwise expressly preserve the sovereign immunity of the Commonwealth, any of
its cabinets, departments, bureaus or agencies or any of its officers, agents or
employees while acting in the scope of their employment by the Commonwealth or
any of its cabinets, departments, bureaus or agencies in all other situations except
where sovereign immunity is specifically and expressly waived as set forth by
statute. The Board of Claims shall have exclusive jurisdiction to hear claims for
damages, except as otherwise specifically set forth by statute, against the
Commonwealth, its cabinets, departments, bureaus, agencies or any of its officers,
agents or employees while acting within the scope of their employment by the
Commonwealth, its cabinets, departments, bureaus or agencies.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 499, sec. 1, effective July 15, 1986.
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