KRS § 452.005 — KY Code / Title XLII / Chapter 452 / Section 452.005
452.005 Venue for civil claims against the Commonwealth -- Change of venue -- Certification of service on Attorney General -- Notice -- Legislative intent -- Requirement of consent to be named as party -- Legislative immunity or privilege. (See LRC Note below)
Status: in_force

452.005 Venue for civil claims against the Commonwealth -- Change of venue --

Certification of service on Attorney General -- Notice -- Legislative intent --

Requirement of consent to be named as party -- Legislative immunity or

privilege. (See LRC Note below)

(1) Except as provided in KRS 5.005 and 286.12-135, and notwithstanding any other

statute to the contrary, the venue for any civil action that:

(a) Challenges the constitutionality of a Kentucky:

1. Statute;

2. Executive order;

3. Administrative regulation; or

4. Order of any cabinet, program cabinet, or department established under

KRS Chapter 12;

(b) Includes a claim for declaratory judgment or injunctive relief; and

(c) Is brought individually, jointly, or severally against:

1. Any state official or state officer in his or her official capacity, including

any public servant as defined in KRS 11A.010;

2. Any body, subdivision, caucus, committee, or member of the General

Assembly, or the Legislative Research Commission; or

3. Any agency of the state as defined in KRS 11A.010;

shall be as provided in this section and KRS 452.010 and 452.030.

(2) (a) A plaintiff who is a resident of Kentucky shall file a complaint or petition in

the office of the Circuit Court clerk in the county where the plaintiff resides.

If more than one (1) plaintiff is a party to the action, the complaint or petition

may be filed in any county where any plaintiff resides.

(b) A plaintiff who is not a resident of Kentucky shall file a complaint or petition

in the Franklin Circuit Court.

(3) The plaintiff shall certify in the complaint or petition filed under this section that a

copy of the complaint or petition has been served upon the Attorney General before

or at the time of filing, and the Attorney General shall be entitled to be heard.

(4) In any appeal to the Kentucky Court of Appeals or Supreme Court, or the federal

appellate courts in any forum that involves the constitutional validity of a statute,

executive order, administrative regulation, or order of any cabinet, program cabinet,

or department established under KRS Chapter 12, the Attorney General shall,

before the filing of the appellant's brief, be served with a copy of the pleading,

paper, or other document that initiates the appeal in the appellate forum. This notice

shall specify the challenged statute, executive order, administrative regulation, or

order of a cabinet, program cabinet, or department established under KRS Chapter

12, and the nature of the alleged constitutional defect.

(5) The Attorney General shall notify the Legislative Research Commission of:

(a) The receipt of a complaint or petition and the nature of any proceedings

involving the validity of any statute or regulation, or order of a cabinet,

program cabinet, or department established under KRS Chapter 12; and

(b) The entering of a final judgment in those proceedings, if the Attorney General

is a party to the action.

(6) To protect the rights of the citizens of the Commonwealth of Kentucky as

guaranteed by the Constitution of Kentucky, it is the intent of the General Assembly

that any action brought or pursued under this section be given priority and

prosecuted in an expeditious manner.

(7) Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of the

General Assembly, organizations within the legislative branch of state government,

or officers or employees of the legislative branch shall not be made parties to any

action challenging the constitutionality or validity of any statute or regulation,

without the consent of the member, organization, or officer or employee.

(8) Nothing in this section is intended to waive, nor shall it be interpreted or applied to

waive or abrogate in any way, any legislative immunity or legislative privilege of

any body, subdivision, caucus, committee, or member of the General Assembly, or

the Legislative Research Commission, as provided by the Constitution of Kentucky,

KRS 418.075, any other statute of this Commonwealth, or federal or state common

law.