AN ACT relating to prohibited uses of tax dollars.

UNOFFICIAL COPY 26 RS BR 1771
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AN ACT relating to prohibited uses of tax dollars. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.013 is amended to read as follows: 3
(1) Local, state, and federal tax dollars shall not be used to advocate, in partial terms, 4
for or against any public question that appears on the ballot , to lobby as defined in 5
KRS 6.611, or to participate in any executive agency lobbying activity as defined 6
in KRS 11A.201. For purposes of this section, "local" means and includes any city, 7
county, urban -county government, consolidated local government, unified local 8
government, charter county government, or special district. 9
(2) Any citizen of the Commonwealth aggrieved by a violation of subsection (1) of 10
this section shall have a cause of action in the Circuit Court of the county where 11
the violation occurred, the Circuit Court of the county in w hich a claimant 12
resides, or Franklin Circuit Court within one (1) year of the date the cause of 13
action accrued. 14
(3) (a) A cause of action under subsection (2) of this section may be asserted 15
against any entity in the Commonwealth, or any of its agents who approved 16
of or participated in the violation, for damages arising from the violation. 17
(b) A cause of action shall be deemed to have accrued at the time when the 18
funds are used as described in subsection (1) of this section or the claimant 19
receives the product of the expenditure, whichever occurs later. 20
(4) If multiple claimants commence a cause of action under subsection (2) of this 21
section, the cause of action is to be maintained as a class action in accordance 22
with Civil Rules 23.01, 23.02, and 23.03 of the Kentucky Rules of Civil 23
Procedure. 24
(5) A prevailing claimant shall be awarded damages o f two hundred fifty thousand 25
dollars ($250,000) for each violation of subsection (1) of this section. If multiple 26
claimants prevail in an action, the court shall divide two hundred fifty thousand 27
UNOFFICIAL COPY 26 RS BR 1771
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dollars ($250,000) for each violation amongst all prevailing claimants equally. 1
(6) In addition to statutory damages as provided in subsection (5) of this section, any 2
claimant who prevails on a claim brought under subsection (2) of this section 3
shall be entitled to recover: 4
(a) Punitive damages; 5
(b) Injunctive or declaratory relief; and 6
(c) Reasonable attorney's fees and litigation costs. 7
(7) Any person who is found liable in civil court for a violation of subsection (1) of 8
this section shall be prohibited from holding a position of public trust or profit 9
within th e Commonwealth for a period of ten (10) years commencing upon the 10
completion of all other civil penalties ordered by the court against the person. 11
(8) Sovereign, governmental, and qualified immunity are waived to the extent of 12
liability created under this section. 13
SECTION 2. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Any person who violates subsection (1) of Section 1 of this Act shall be guilty of a 16
Class D felony. 17
(2) Any person convicted of a violation of subsection (1) of Section 1 of this Act shall 18
be prohibited from holding a position of public trust or profit within the 19
Commonwealth for a period of ten (10) years, commencing upon the completion 20
of all other criminal penalties ordered by the court against the person. 21