KRS 65.290: Copies of agreement must be filed -- Status of public agencies in case or

controversy involving agreement between or among agencies of other state or

United States.

(1) Before any agreement made pursuant to KRS 65.210 to 65.300 shall become

operative or have force and effect, a certified copy thereof shall be filed with the

Secretary of State. After the original filing of an agreement as provided in this

section, no additional filing is required for agreements amended solely for the

addition or removal of parties as provided under KRS 65.242.

(2) If an agreement entered into pursuant to KRS 65.210 to 65.300 is between or among

one (1) or more public agencies of this state and one (1) or more public agencies of

another state or of the United Stat es, that agreement may have the status of an

interstate compact, but in any case or controversy involving performance or

interpretation thereof or liability thereunder, the public agencies party thereto shall

be real parties in interest and the state may m aintain an action to recoup or

otherwise make itself whole for any damages or liability which it may incur by

reason of being joined as a party therein. An action shall be maintainable against

any public agency or agencies whose default, failure of perform ance, or other

conduct caused or contributed to the incurring of damage or liability by the state.