UNOFFICIAL COPY AS OF 4/14/2016 1998 REG. SESS. 98 RS HB 725/GA
AN ACT relating to consent decrees.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO READ AS FOLLOWS:
(1) When a state agency as specified in KRS 12.020 or any other state entity specified as a state agency by statute is involved in a legal proceeding or potential legal proceeding and the agency is planning to, or it has been proposed that the agency, enter into a consent decree with regard thereto, the following actions shall be taken. The agency shall:
(b) Appear before the standing committee of the General Assembly if the General Assembly is in session, or the interim joint committee of the Legislative Research Commission if the General Assembly is not in session, having oversight of the agency to testify under oath and to provide the information requested by the committee or subcommittee;
(c) If additional funding or the transfer of funds will be necessary to comply with any portion of the consent decree within the existing or next four (4) fiscal years, appear before the Appropriations and Revenue Committee of the General Assembly if the General Assembly is in session, or the Interim Joint Committee on Appropriations and Revenue of the Legislative Research Commission if the General Assembly is not in session, to testify under oath and to explain the funding and related needs generated by the consent decree; and
(d) Not enter into the consent decree without the written approval of the Governor and the Attorney General.
(2) The provisions of this section do not apply to the following types of consent decrees:
(a) A consent decree authorizing or committing the expenditure of less than five hundred thousand dollars ($500,000), unless smaller amounts equaling or exceeding five hundred thousand dollars ($500,000) are expended in an effort to circumvent the limit imposed by this paragraph; or
(b) A consent decree which does not obligate the Commonwealth or a state agency thereof to expend funds, or labor or other thing in lieu of funds, or create any liability upon the Commonwealth or a state agency thereof.