Kentucky Statutes 49.110 – Compensation and expenses of Board of Claims, assistant Attorneys General, or attorneys appointed by Governor — Payment of awards — Operating costs paid out of general fund
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(1) The assistant Attorneys General or attorneys appointed by the Governor to represent the Commonwealth’s cabinets, departments, agencies or employees, agents, or officers thereof, assigned to defend claims filed with the Board of Claims shall receive no additional compensation for the performance of their duties before the board; provided, however, members of the board, assistant Attorneys General, and all employees acting for the board shall be recompensed for all necessary and actual expenses they may incur incident to their duties for or before the commission.
(2) All awards and cost of operation assessed by the commission against the Department of Highways shall be paid out of the state road fund upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer.
(3) All awards and costs of operation assessed by the board against other cabinets or agencies of the state, which are not maintained by appropriations out of the general fund, shall be paid out of the funds created or collected for the maintenance and operation of such cabinets or agencies respectively, upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer.
(4) All amounts necessary to pay awards and costs of operation assessed by the board against all other cabinets or agencies of the Commonwealth shall be paid out of the general fund of the Commonwealth, upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer.
(5) The executive director of the board shall maintain accurate records reflecting the costs incident to the operation of the board. At the close of each quarter-year period, he shall summarize the cost and shall bill each cabinet, commission, board, or agency which has had cases before the board for a pro-rata share of the cost of operation for the appropriate calendar quarter computed in a manner deemed just and equitable by the board. Each cabinet, board, or agency shall remit quarterly their share of the cost of operation to the board in the manner provided by law.
(6) The board shall have the power and authority to determine the right of any successful party to an action before it to recover from the opposing party the costs incurred by him or it in such action; and such decision shall not be subject to appeal. Costs shall not include attorneys’ fees.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 22, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 11, effective June 29, 2017. — Amended 1986 Ky. Acts ch. 499, sec. 5, effective July 15,
1986. — Amended 1960 Ky. Acts ch. 25, sec. 5. — Amended 1958 Ky. Acts ch. 52, sec. 2. — Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XIII, sec. 2. — Amended 1950 Ky. Acts ch. 50 sec. 3. — Created 1946 Ky. Acts ch. 189, secs. 7 and
8.
Formerly codified as KRS § 44.100.
Formerly codified as KRS § 176.320.
(2) All awards and cost of operation assessed by the commission against the Department of Highways shall be paid out of the state road fund upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer.
Terms Used In Kentucky Statutes 49.110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) All awards and costs of operation assessed by the board against other cabinets or agencies of the state, which are not maintained by appropriations out of the general fund, shall be paid out of the funds created or collected for the maintenance and operation of such cabinets or agencies respectively, upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer.
(4) All amounts necessary to pay awards and costs of operation assessed by the board against all other cabinets or agencies of the Commonwealth shall be paid out of the general fund of the Commonwealth, upon warrants drawn by the secretary of the Finance and Administration Cabinet upon the State Treasurer.
(5) The executive director of the board shall maintain accurate records reflecting the costs incident to the operation of the board. At the close of each quarter-year period, he shall summarize the cost and shall bill each cabinet, commission, board, or agency which has had cases before the board for a pro-rata share of the cost of operation for the appropriate calendar quarter computed in a manner deemed just and equitable by the board. Each cabinet, board, or agency shall remit quarterly their share of the cost of operation to the board in the manner provided by law.
(6) The board shall have the power and authority to determine the right of any successful party to an action before it to recover from the opposing party the costs incurred by him or it in such action; and such decision shall not be subject to appeal. Costs shall not include attorneys’ fees.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 22, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 11, effective June 29, 2017. — Amended 1986 Ky. Acts ch. 499, sec. 5, effective July 15,
1986. — Amended 1960 Ky. Acts ch. 25, sec. 5. — Amended 1958 Ky. Acts ch. 52, sec. 2. — Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XIII, sec. 2. — Amended 1950 Ky. Acts ch. 50 sec. 3. — Created 1946 Ky. Acts ch. 189, secs. 7 and
8.
Formerly codified as KRS § 44.100.
Formerly codified as KRS § 176.320.