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UNOFFICIAL COPY 26 RS HB 84/GA
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HB008410.100 - 1258 - XXXX 1/30/2026 9:50 AM GA
AN ACT relating to legal liability for local governments and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 411.100 is amended to read as follows: 4
(1) As used in this section, "local government" means any city, county, charter 5
county government, urban-county government, consolidated local government, or 6
unified local government. 7
(2) If, within any local government[city], any church, convent, chapel, dwel ling house, 8
house used or designed for the transaction of lawful business, vessel or shipyard, 9
railroad or property of any kind belonging to any street or other railroad company, 10
or any article of personal property is damaged, or if any property is taken a way or 11
damaged by any riotous or tumultuous assemblage of people, the full amount of the 12
damage done may be recovered by the person injured by action against the local 13
government[city], if the local government[city] authorities themselves, or with the 14
aid of their own citizens, could have prevented the damage. 15
(3) However, no such liability shall be incurred by the local government[city] unless 16
the local government[city] authorities had notice or good reason to believe that a 17
riot or tumultuous assemblage w as about to take place in time to prevent the 18
destruction, either by their own force or by the aid of the citizens of the city. 19
(4) No person may maintain an action under this section if he or she has unlawfully 20
contributed by word or deed toward exciting or inflaming the tumult or riot, or if he 21
or she failed to do what he or she reasonably could toward preventing, allaying , or 22
suppressing it. 23
Section 2. Whereas the safety of citizens within the boundaries of a local 24
government is paramount during any riotous or tumultuous assemblage of people, an 25
emergency is declared to exist, and this Act takes effect upon its passage and approval by 26
the Governor or upon its otherwise becoming a law. 27