AN ACT relating to collective bargaining agreements and declaring an emergency.

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AN ACT relating to collective bargaining agreements and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The legislative body of any city, county, consolidated local government, urban -5
county government, charter county government, or unified local governmen t 6
shall not have the authority to enter into any collective bargaining agreement on 7
or after the effective date of this Act. 8
(2) Collective bargaining agreements in existence as of the effective date of this Act 9
shall not be subject to the provisions of su bsection (1) of this section and any 10
entity subject to a collective bargaining agreement may negotiate future 11
agreements when the existing agreement ends. 12
Section 2. KRS 160.160 is amended to read as follows: 13
(1) Each sc hool district shall be under the management and control of a board of 14
education consisting of five (5) members, except in counties containing a city of the 15
first class wherein a merger pursuant to KRS 160.041 shall have been accomplished 16
which shall have s even (7) members elected from the divisions and in the manner 17
prescribed by KRS 160.210(5), to be known as the "Board of Education of ...., 18
Kentucky." Each board of education shall be a body politic and corporate with 19
perpetual succession. It may sue and b e sued; make contracts; expend funds 20
necessary for liability insurance premiums and for the defense of any civil action 21
brought against an individual board member in his official or individual capacity, or 22
both, on account of an act made in the scope and c ourse of his performance of legal 23
duties as a board member; purchase, receive, hold, and sell property; issue its bonds 24
to build and construct improvements; and do all things necessary to accomplish the 25
purposes for which it is created. Each board of educa tion shall elect a chairman and 26
vice chairman from its membership in a manner and for a term prescribed by the 27
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board not to exceed two (2) years. 1
(2) No board of education shall participate in any financing of school buildings, school 2
improvements, appurtenances thereto, or furnishing and equipment, including 3
education technology equipment without: 4
(a) First establishing the cost of the project in advan ce of financing, based on the 5
receipt of advertised, public, and competitive bids for such project, in 6
accordance with KRS Chapter 424; and 7
(b) Establishing the cost of financing in advance of the sale of any bonds, 8
certificates of participation in any lea ses, or other evidences of financial 9
commitments issued by or on behalf of such board. Any bonds, leases, 10
participations, or other financial arrangements shall not involve a final 11
commitment of the board until the purchaser or lender involved shall have 12
been determined by public advertising in accordance with KRS Chapter 424. 13
(3) No board of education shall make a mortgage, lien, or other encumbrance upon any 14
school building owned by the board, or transfer title to any such school building as 15
part of any financing arrangement, without the specific approval of the Department 16
of Education, and without the transaction being entered into pursuant to a detailed 17
plan or procedure specifically authorized by Kentucky statute. 18
(4) Without the approval of the Departme nt of Education, no board may lease, as 19
lessee, a building or public facility that has been or is to be financed at the request 20
of the board or on its behalf through the issuance of bonds by another public body 21
or by a nonprofit corporation serving as an a gency and instrumentality of the board, 22
or by a leasing corporation. Any lease, participation, or other financial arrangement 23
shall not involve a final commitment of the board unless and until the purchaser or 24
lender involved in same shall have been determ ined by public advertising in 25
accordance with KRS Chapter 424. No transaction shall be entered into by the 26
board except upon the basis of public advertising and competitive bidding in 27
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accordance with KRS Chapter 424. 1
(5) (a) A board of education shall not enter into any collective bargaining 2
agreement on or after the effective date of this Act. 3
(b) Collective bargaining agreements in existence as of the effective date of this 4
Act shall not be subject to the provisions of paragraph (a) of this subsection 5
and a board of education may negotiate future agreements when the 6
existing agreement ends. 7
(6) A school district may issue general obligation bonds in accordance with KRS 8
Chapter 66. 9
(7)[(6)] Rental payments due by a board under a lease approved by the Depar tment of 10
Education in accordance with subsection (4) of this section, and debt service 11
payments under a general obligation bond issued in accordance with this section, 12
shall be due and payable not less than ten (10) days prior to the interest due date for 13
the bonds, notes, or other debt obligations issued to finance the building or public 14
facility. If a board fails to make a rental payment when due under a lease or a debt 15
service payment when due for a general obligation bond issue, upon notification to 16
the Department of Education by the paying agent, bond registrar, or trustee for the 17
bonds not less than three (3) days prior to the interest due date, the Department of 18
Education shall withhold or intercept any funds then due the board to the extent of 19
the am ount of the required payment on the bonds and remit the amount to the 20
paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department 21
of Education shall resolve the matter with the board and adjust remittances to the 22
board to the extent of the amount paid by the Department of Education on the 23
board's behalf. 24
(8)[(7)] Bonds, notes, or leases negotiated to provide education technology shall not 25
be sold for longer than seven (7) years or the useful life of the equipment as 26
established by the state technology master plan, whichever is less. 27
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(9)[(8)] Notwithstanding any requirements of public advertising, competitive bidding, 1
or approval by the Department of Education, or any administrative regulation 2
promulgated pursuant to KRS 156.160(1)(o), a local board may authorize the 3
transfer or sale of the district's real or personal property to another governmental or 4
quasi-governmental agency in exchange for money or a similar type of property that 5
equals or exceeds the fair market value of the distr ict property as determined by an 6
independent appraisal conducted by: 7
(a) An individual or organization not affiliated with the district or its officers or 8
employees, using a generally accepted national or professional standard; or 9
(b) A district's officers or employees using a nationally published valuation of 10
property based on the most recent edition of the publication. 11
Section 3. KRS 15.520 is amended to read as follows: 12
(1) As used in this section: 13
(a) "Citizen" means any individual who is not: 14
1. A member or supervisor within the law enforcement agency that 15
employs an officer; or 16
2. An elected or appointed official within the unit of government under 17
which the law enforcement agency that employs the officer is organized; 18
(b) "Complaint" means any statement by a citizen, whether written or verbal, that 19
alleges any type of misconduct by an officer, including statements that are 20
submitted or received anonymously; 21
(c) "Disciplinary action" means termination, demotion, a dec rease in pay or 22
grade, suspension without pay, and a written reprimand; 23
(d) "General employment policies" means the rules, regulations, policies, and 24
procedures commonly applicable to the general workforce or civilian 25
employees that are not unique to law e nforcement activities or the exercise of 26
peace officer authority, regardless of whether those rules, regulations, 27
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policies, and procedures exist or appear in a departmental manual or 1
handbook that is solely applicable to a law enforcement department or age ncy 2
within the unit of government employing the officer; 3
(e) "Interrogation" means a formal investigative interview and does not mean 4
conversations or meetings of supervisory personnel and subordinate officers 5
that are not intended to result in disciplinar y action, such as conversations or 6
meetings held for the purpose of providing corrective instruction counseling 7
or coaching; 8
(f) "Law enforcement procedures" means only those policies, rules, and customs 9
that: 10
1. Are specific to the conduct of officers in the exercise of law 11
enforcement powers and functions, including, without limitation: use of 12
force, conduct in the course of pursuits, conduct during stops or 13
detentions of citizens, conduct in the course of interacting with, 14
assisting, or questioning of citizens, and investigative conduct; 15
2. Are carried out in the course of peace officer functions; 16
3. Are not general employment policies; and 17
4. May exist in either written form or in the form of unwritten standards, 18
practices, or protocols generally accepted and applied in the law 19
enforcement profession; 20
(g) "Misconduct" means any act or omission by an officer that violates criminal 21
law, law enfor cement procedures, or the general employment policies of the 22
employing agency; and 23
(h) "Officer" means a person employed as a full -time peace officer by a unit of 24
government that receives funds under KRS 15.410 to 15.510, except a state 25
officer listed in K RS 15.420(2)(a)2.b. to f. and n., who has completed any 26
officially established initial probationary period of employment lasting no 27
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longer than twelve (12) months not including, unless otherwise specified by 1
the employing agency, any time the officer was e mployed and completing the 2
basic training required by KRS 15.404. 3
(2) In order to establish a minimum system of professional conduct for officers of local 4
units of government of this Commonwealth, the following standards are stated as 5
the intention of the General Assembly to deal fairly and establish administrative due 6
process rights in certain disciplinary matters concerning those officers of an 7
employing unit of government that participates in the Kentucky Law Enforcement 8
Foundation Program fund administe red pursuant to KRS 15.430 and, at the same 9
time, to provide a means for redress by the citizens of the Commonwealth for 10
wrongs allegedly done to them by officers covered by this section. 11
(3) Any complaint taken from a citizen alleging misconduct on the pa rt of any officer 12
shall be taken as follows: 13
(a) If the complaint alleges criminal activity by an officer, the allegations may be 14
investigated without a signed, sworn complaint of the citizen; 15
(b) If the complaint alleges any other type of violation not co nstituting criminal 16
activity, including violations of law enforcement procedures or the general 17
employment policies of the employing agency, an affidavit, signed and sworn 18
to by the citizen, shall be obtained, except as provided by paragraph (c) of this 19
subsection; or 20
(c) If a complaint is required to be obtained and the citizen, upon request, refuses 21
to make allegations under oath in the form of an affidavit, signed and sworn 22
to, the employing agency may investigate the allegations, but shall bring 23
charges under subsection (6) of this section against the officer only if the 24
employing agency can independently substantiate the allegations absent the 25
sworn statement of the citizen. 26
(4) (a) When an officer is accused of an act or omission that would constitute a 27
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violation of law enforcement procedures by any individual within the law 1
enforcement agency employing the officer, including supervisors and elected 2
or appointed officials of the officer's employing agency, the employing 3
agency shall conform the conduct of any investigation to the provisions of 4
subsection (5) of this section, shall formally charge the officer in accordance 5
with subsection (6) of this section, and shall conduct a hearing in accordance 6
with subsection (7) of this section before any disciplinary action shall be taken 7
against the officer. 8
(b) The provisions of this subsection shall not prevent the employing agency from 9
suspending the officer, with or without pay, during an investigation and 10
pending the final disposition of any formal charges, except that an officer 11
suspended without pay shall be entitled to full back pay and benefits for the 12
regular hours he or she would have worked if no formal charges are brought 13
or the hearing authority finds the officer not guilty of the charges. 14
(c) An emp loying agency shall not be required to follow the provisions of this 15
section in addressing conduct by the officer that would constitute a violation 16
of the general employment policies of the employing agency. 17
(5) (a) Any complaint filed by a citizen under s ubsection (3) of this section or any 18
allegation of conduct that would constitute a violation of law enforcement 19
procedures under subsection (4) of this section shall be investigated by the 20
employing agency or another designated law enforcement agency in 21
accordance with the provisions of this subsection if the employing agency 22
determines that an investigation of the complaint or the alleged conduct is 23
warranted. 24
(b) No threats, promises, or coercions shall be used at any time against any 25
officer while he or she is a suspect in a criminal case or has been accused of a 26
violation of law enforcement procedures. Suspension from duty with or 27
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without pay, or reassignment to other than an officer's regular duties during 1
the period shall not be deemed coercion. Prior to or within twenty -four (24) 2
hours after suspending the officer pending investigation or disposition of a 3
complaint, the officer shall be advised in writing of the reasons for the 4
suspension. 5
(c) Unless otherwise agreed to in writing by the officer, no po lice officer shall be 6
subjected to interrogation for alleged conduct that violates law enforcement 7
procedures, until forty-eight (48) hours have expired from the time the request 8
for interrogation is made to the accused officer, in writing. The notice of 9
interrogation shall include a statement regarding any reason for the 10
interrogation and shall be served on the officer by certified mail, return receipt 11
requested, or by personal delivery. 12
(d) The interrogation shall be conducted while the officer is on duty . The officer 13
may be required to submit a written report of the alleged incident if the 14
request is made by the employing agency no later than the end of the subject 15
officer's next tour of duty after the tour of duty during which the employing 16
agency initially was made aware of the complaint. 17
(e) If an officer is under arrest, or likely to be arrested, or a suspect in any 18
criminal investigation, he or she shall be afforded the same constitutional due 19
process rights that are accorded to any civilian, includin g, but not limited to, 20
the right to remain silent and the right to counsel, and shall be notified of 21
those rights before any questioning commences. 22
(6) (a) If it is determined through investigation or other means that the facts alleged 23
in a citizen complai nt or in an accusation of a violation of law enforcement 24
procedures warrant charging the officer, the charge shall be made in writing 25
with sufficient specificity so as to fully inform the officer of the nature and 26
circumstances of the alleged violation in order that he or she may be able to 27
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properly defend himself or herself. 1
(b) The charge shall be signed by a representative of the employing agency, shall 2
set out the disciplinary action recommended or imposed, and shall be served 3
on the officer in writing by certified mail, return receipt requested, or by 4
personal delivery. 5
(c) When an officer has been charged with a violation of law enforcement 6
procedures, no public statements shall be made concerning the alleged 7
violation by any person or persons of the e mploying agency or the officer so 8
charged, until final disposition of the charges. 9
(d) No officer as a condition of continued employment by the employing agency 10
shall be compelled to speak or testify or be questioned by any person or body 11
of a nongovernmental nature. 12
(7) Unless waived by the charged officer in writing, a hearing shall be conducted by the 13
officer's appointing authority to determine whether there is substantial evidence to 14
prove the charges and to determine what, if any, disciplinary action s hall be taken if 15
substantial evidence does exist. In conducting a hearing, the following 16
administrative due process rights shall be recognized and these shall be the 17
minimum rights afforded any officer charged, except as otherwise agreed to in 18
writing by the officer and the employing agency: 19
(a) The accused officer shall be given at least twelve (12) days' written notice of 20
any hearing. The notice of hearing shall be served on the officer by certified 21
mail, return receipt requested, or by personal delivery; 22
(b) Copies of any sworn statements or affidavits to be considered by the hearing 23
authority and any exculpatory statements or affidavits shall be furnished to the 24
officer no less than twelve days (12) prior to the time of any hearing; 25
(c) At any hearing ba sed upon the sworn complaint of a citizen, the citizen shall 26
be notified to appear at the time and place of the hearing by certified mail, 27
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return receipt requested, or by personal delivery; 1
(d) If the return receipt has been returned unsigned, or the indiv idual does not 2
appear, except due to circumstances beyond his or her control he or she 3
cannot appear at the time and place of the hearing, any charge resulting from a 4
complaint made by that citizen shall not be considered by the hearing 5
authority and shall be dismissed with prejudice; 6
(e) The accused officer shall have the right and opportunity to obtain and have 7
counsel present, and to be represented by counsel; 8
(f) The appointing authority, legislative body, or other body as designated by the 9
Kentucky Revised Statutes shall subpoena and r equire the attendance of 10
witnesses and the production by them of books, papers, records, and other 11
documentary evidence at the request of the accused officer or the charging 12
party. If any person fails or refuses to appear under the subpoena, or to testify, 13
or to attend, or produce the books, papers, records, or other documentary 14
evidence lawfully required, the appointing authority, legislative body, or other 15
body as designated by the Kentucky Revised Statutes may report to the 16
Circuit Court or any judge the reof the failure or refusal, and apply for a rule. 17
The Circuit Court, or any judge thereof, may on the application compel 18
obedience by proceedings for contempt as in the case of disobedience of the 19
requirements of a subpoena issued from the court; 20
(g) The accused officer shall be allowed to present witnesses and any 21
documentary or other relevant evidence the officer wishes to provide to the 22
hearing authority, and may cross-examine all witnesses called by the charging 23
party; 24
(h) If any officer who has been s uspended with or without pay is not given a 25
hearing as provided by this section within seventy -five (75) days of any 26
charge being filed pursuant to this section, the charge shall be dismissed with 27
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prejudice and shall not be considered by any hearing author ity and the officer 1
shall be reinstated with full back pay and benefits; 2
(i) Any officer who has been suspended without pay who is found not guilty of 3
the charges by the hearing authority shall be reinstated with the full back pay 4
and benefits for the regular hours he or she would have worked; 5
(j) The failure to provide any of the rights or to follow the provisions of this 6
section may be raised by the officer with the hearing authority. The hearing 7
authority shall not exclude proffered evidence based on fai lure to follow the 8
requirements of this section but shall consider whether, because of the failure, 9
the proffered evidence lacks weight or credibility and whether the officer has 10
been materially prejudiced; and 11
(k) To the extent the provisions of KRS 61.80 5 to 61.850 are applicable, the 12
hearing authority may conduct the hearing required by this subsection in a 13
closed session, unless the officer requests of the hearing authority in writing at 14
least three (3) days prior to the hearing that the hearing be open to the public. 15
(8) (a) Any officer who is found guilty by any hearing authority of any charge, may 16
bring an action in the Circuit Court in the county in which the employing 17
agency is located within thirty (30) days of the date written findings are issued 18
to appeal the action of the hearing authority. The appeal shall be initiated by 19
the filing of a complaint in the same manner as any civil action under the 20
Rules of Civil Procedure and shall include a copy of the hearing authority's 21
final order. The Circuit Court review of the case shall be based solely upon 22
the administrative record created before the hearing authority and any new 23
evidence offered by the officer regarding alleged arbitrariness on the part of 24
the hearing authority. 25
(b) The judgment of the Ci rcuit Court shall be subject to appeal to the Court of 26
Appeals. The procedure as to appeal to the Court of Appeals shall be the same 27
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as in any civil action. 1
(9) The provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall not apply in any 2
proposed disc iplinary action arising from a citizen complaint made under 3
subsection (3) of this section or arising from any allegation of conduct that would 4
constitute a violation of law enforcement procedures under subsection (4) of this 5
section. This section shall no t be interpreted or construed to alter or impair any of 6
the substantive rights provided to a city police officer under KRS 90.310 to 90.410, 7
95.450, and 95.765 for any proposed disciplinary action or other matters not arising 8
under subsections (3) and (4) of this section, including proposed actions involving 9
alleged violations of general employment policies. To the extent that the provisions 10
of this section are inapplicable to any proposed disciplinary action against a city 11
police officer, the provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall 12
remain in full force and effect. 13
(10) As the provisions of this section relate to a minimum system of professional 14
conduct, nothing in this section shall be interpreted or construed to: 15
(a) Limit or to in any way affect any rights previously afforded to officers of the 16
Commonwealth by statute [, collective bargaining or working agreement,] or 17
legally adopted ordinance; 18
(b) Preclude an employing agency from investigating and charging an officer 19
both criminally and administratively; 20
(c) Prevent the suspension with or without pay or reassignment of an officer 21
during an investigation and pending final disposition charges; 22
(d) Permit an employing agency to categorize and treat any complaint that 23
originates from a cit izen as an internal matter in order to avoid application of 24
all of the provisions of this section to the final disposition of a citizen's 25
complaint; 26
(e) Apply any disciplinary action required by this section to actions taken by an 27
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employing agency that is not related to misconduct by a law enforcement 1
officer, such as personnel decisions made by the employing agency due to a 2
lack of resources or personnel decisions related to a chief's management of a 3
police department; or 4
(f) Prevent an employing agency fr om electing to apply the provisions of this 5
section, or parts thereof, in circumstances that would not be covered under 6
this section. 7
(11) This section shall not apply to officers employed by a consolidated local 8
government that receives funds under KRS 15 .410 to 15.510, who shall instead be 9
governed by the provisions of KRS 67C.326. 10
Section 4. KRS 61.598 is amended to read as follows: 11
(1) For purposes of this section, "bona fide promotion or career advancement": 12
(a) Means: 13
1. A professional advancement in substantially the same line of work held 14
by the employee in the four (4) years immediately prior to the final five 15
(5) fiscal years preceding retirement or a change in employment position 16
based on the training, skills, education, or expertise of the employee that 17
imposes a significant change in job duties and responsibilities to clearly 18
justify the increased compensation to the member; or 19
2. An increase in creditable compensation for all employees in a specified 20
class due to an increase in rate of pay authorized or funded by the 21
legislative or administrative body of the employer or due to an increase 22
in rate of pay [mandated in a collective bargaining agreement ] approved 23
by the legislative body of the employer; and 24
(b) Does not include any circumstance where an elected official participating in 25
the Kentucky Employees Retirement System or the County Employees 26
Retirement System takes a position of employment with a different employer 27
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participating in any of the state-administered retirement systems. 1
(2) (a) For employees retiring from the Kentucky Employees Retirement System, the 2
County Employees Retirement System, or the State Police Retirement System 3
on or after January 1, 2018, the systems shall, for each of the retiring 4
employee's last five (5) fiscal years of employment, identify any fiscal year in 5
which the creditable compensation increased at a rate of ten percent (10%) or 6
more annually over the immediately preceding fiscal year's creditable 7
compensation. The employee's creditable compensation in the fiscal year 8
immediately prior to the employee's last five (5) fiscal years of employment 9
shall be utilized to compare the initial fiscal year in the five (5) fiscal year 10
period. 11
(b) Except as limited or excluded by subsections (3) and (4) of this section, any 12
amount of increase in creditable compensation for a fiscal year identified 13
under paragraph (a) of this subsection that exceeds ten percent (10%) more 14
than the employee's creditab le compensation from the immediately preceding 15
fiscal year shall not be included in the creditable compensation used to 16
calculate the retiring employee's monthly retirement allowance. If the 17
creditable compensation for a specific fiscal year identified und er paragraph 18
(a) of this subsection as exceeding the ten percent (10%) increase limitation is 19
not used to calculate the retiring employee's monthly retirement allowance, 20
then no reduction in creditable compensation shall occur for that fiscal year. 21
(c) If the creditable compensation of the retiring employee is reduced as provided 22
by paragraph (b) of this subsection, the retirement systems: 23
1. Shall refund the employee contributions and interest attributable to the 24
reduction in creditable compensation; and 25
2. Shall not refund the employer contributions paid but shall utilize those 26
funds to pay down the unfunded liability of the pension fund in which 27
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the retiring employee participated. 1
(3) (a) In order to ensure the prospective application of the limitations on increases in 2
creditable compensation contained in subsection (2) of this section, only the 3
creditable compensation earned by the retiring employee on or after July 1, 4
2017, shall be subject to reduction under subsection (2) of this section. 5
Creditable co mpensation earned by the retiring employee prior to July 1, 6
2017, shall not be subject to reduction under subsection (2) of this section. 7
(b) If the reductions in creditable compensation during a retiring member's entire 8
last five (5) years of employment r esults in a reduction in his or her monthly 9
retirement allowance of less than twenty -five dollars ($25) per month or an 10
actuarially equivalent value under the various payment options, then no 11
reduction in creditable compensation or retirement allowances sh all occur 12
under subsection (2) of this section. 13
(4) Subsection (2) of this section shall not apply to: 14
(a) A bona fide promotion or career advancement as defined by subsection (1) of 15
this section; 16
(b) A lump -sum payment for compensatory time paid to an emp loyee upon 17
termination of employment; 18
(c) A lump-sum payment made pursuant to an alternate sick leave program under 19
KRS 78.616(5) that is paid to an employee upon termination of employment; 20
(d) Increases in creditable compensation in a fiscal year over the immediately 21
preceding fiscal year, where in the immediately preceding fiscal year the 22
employer reported the employee as being on leave without pay for any reason, 23
including but not limited to sick leave without pay, maternity leave, leave 24
authorized under the Family Medical Leave Act, and any period of time 25
where the employee received workers' compensation benefit payments that 26
were not reported to the plan as creditable compensation; 27
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(e) Increases in creditable compensation directly attributable to an emp loyee's 1
receipt of compensation for: 2
1. Overtime hours worked while serving as a participating employee under 3
any state or federal grant, grant pass -through, or similar program that 4
requires overtime as a condition or necessity of the employer's receipt of 5
the grant; or 6
2. The first one hundred (100) hours of mandatory overtime hours that the 7
employee is individually required to work by the employer during a 8
fiscal year. This subparagraph shall not be construed to apply to 9
overtime hours voluntarily worked by the employee or in situations in 10
which the employee has the option to elect out of participation in 11
overtime hours. Any mandatory overtime hours exempt under this 12
subparagraph shall be in addition to any overtime hours otherwise 13
exempt under the provisions of this subsection; and 14
(f) Increases in creditable compensation directly attributable to an employee's 15
receipt of compensation for overtime performed during and as a result of a 16
state of emergency declared by: 17
1. The President of the United States or the Governor of the 18
Commonwealth of Kentucky; or 19
2. A local government in which the Governor authorizes mobilization of 20
the Kentucky National Guard pursuant to KRS 38.030 and 39A.950 21
during such time as the National Guard is mobilized. 22
(5) (a) For employees retiring on or after January 1, 2014, but prior to July 1, 2017, 23
the last participating employer shall be required to pay for any additional 24
actuarial costs resulting from annual increases in an employee's creditable 25
compensation greater than ten percent (10%) over the employee's last five (5) 26
fiscal years of employment that are not the direct result of a bona fide 27
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promotion or career advancement. The cost shall be determined by the 1
retirement systems. 2
(b) Lump-sum payments for compensatory time paid to a n employee upon 3
termination of employment shall be exempt from this subsection. 4
(c) The Authority shall be required to answer inquiries from participating 5
employers regarding this subsection. Upon request of the employer prior to 6
the employee's change of p osition or hiring, the systems shall make a 7
determination that is binding to the systems as to whether or not a change of 8
position or hiring constitutes a bona fide promotion or career advancement. 9
(d) For any additional actuarial costs charged to the empl oyer under this 10
subsection, the systems shall allow the employer to pay the costs without 11
interest over a period of one (1) year from the date of receipt of the employer's 12
final invoice. 13
(6) The Authority shall determine whether increases in creditable com pensation during 14
the last five (5) fiscal years of employment prior to retirement constitute a bona fide 15
promotion or career advancement and may promulgate administrative regulations in 16
accordance with KRS Chapter 13A to administer this section. All state -17
administered retirement systems shall cooperate to implement this section. 18
(7) Any employer who disagrees with a determination made by the system in 19
accordance with this section regarding whether an increase in compensation 20
constitutes a bona fide promotion or career advancement for purposes of subsection 21
(5) of this section may request a hearing and appeal the decision in accordance with 22
KRS 61.645(16) or 78.782(16). 23
(8) For the fiscal year beginning July 1, 2017, and subsequent years, the Kentucky 24
Retirement Systems and the County Employees Retirement System shall provide a 25
means for employers to separately report the specific exceptions provided in 26
subsection (4) of this section within the reporting system utilized by the employers 27
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for making employer reports under KRS 16.645, 61.675, and 78.545. The Kentucky 1
Retirement Systems and the County Employees Retirement System shall 2
continually provide communication, instructions, training, and educational 3
opportunities for employers regarding how to appropriatel y report exemptions 4
established by subsection (4) of this section. 5
(9) This section shall not apply to employees participating in the hybrid cash balance 6
plan as provided by KRS 16.583, 61.597, 78.5512, and 78.5516. 7
Section 5. KRS 61.810 is amended to read as follows: 8
(1) All meetings of a quorum of the members of any public agency at which any public 9
business is discussed or at which any action is taken by the agency, shall be public 10
meetings, open to the public at all times, except for the following: 11
(a) Deliberations for decisions of the Kentucky Parole Board; 12
(b) Deliberations on the future acquisition or sale of real property by a public 13
agency, but only when publicity would be likely to affect the value of a 14
specific piece of property to be acquired for public use or s old by a public 15
agency; 16
(c) Discussions of proposed or pending litigation against or on behalf of the 17
public agency; 18
(d) Grand and petit jury sessions; 19
(e) [Collective bargaining negotiations between public employers and their 20
employees or their representatives; 21
(f) ]Discussions or hearings which might lead to the appointment, discipline, or 22
dismissal of an individual employee, member, or student without restricting 23
that employee's, member's, or student's right to a public hearing if requested. 24
This excepti on shall not be interpreted to permit discussion of general 25
personnel matters in secret; 26
(f)[(g)] Discussions between a public agency and a representative of a business 27
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entity and discussions concerning a specific proposal, if open discussions 1
would jeopar dize the siting, retention, expansion, or upgrading of the 2
business; 3
(g)[(h)] State and local cabinet meetings and executive cabinet meetings; 4
(h)[(i)] Committees of the General Assembly other than standing committees; 5
(i)[(j)] Deliberations of judicial or quasi-judicial bodies regarding individual 6
adjudications or appointments, at which neither the person involved, his 7
representatives, nor any other individual not a member of the agency's 8
governing body or staff is present, but not including any meetings o f planning 9
commissions, zoning commissions, or boards of adjustment; 10
(j)[(k)] Meetings which federal or state law specifically require to be conducted 11
in privacy; 12
(k)[(l)] Meetings which the Constitution provides shall be held in secret; 13
(l)[(m)] That portion of a meeting devoted to a discussion of a specific public 14
record exempted from disclosure under KRS 61.878(1)(m). However, that 15
portion of any public agency meeting sha ll not be closed to a member of the 16
Kentucky General Assembly; and 17
(m)[(n)] Meetings of any selection committee, evaluation committee, or other 18
similar group established under KRS Chapter 45A or 56 or other state or local 19
law, to select a successful bidder for award of a state or local contract. 20
(2) Any series of less than quorum meetings, where the members attending one (1) or 21
more of the meetings collectively constitute at least a quorum of the members of the 22
public agency and where the meetings are held for the purpose of avoiding the 23
requirements of subsection (1) of this section, shall be subject to the requirements 24
of subsection (1) of this section. Nothing in this subsection shall be construed to 25
prohibit discussions between individual members where t he purpose of the 26
discussions is to educate the members on specific issues. 27
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Section 6. KRS 67.830 is amended to read as follows: 1
(1) The fiscal court in any county, except in a county containing a consolidated local 2
government, a city of the first class, an urban -county government, or a unified local 3
government, and a majority of all cities within the county may adopt an ordinance 4
to study the question of merging the county government with all other units of local 5
government within the county to form a charter county form of government, or 6
consolidating any agency, subdivision, department, or subdistrict providing any 7
services or performing any functions for a city or county. 8
(2) In lieu of the adoption of an ordinance pur suant to subsection (1) of this section, a 9
petition may be filed with the county clerk pursuant to KRS 67.832 requesting the 10
appointment of a commission to study the question of the adoption of a charter 11
county form of government or the consolidation of an y agency, subdivision, 12
department, or subdistrict providing any services or performing any functions for a 13
city or county. The petition shall be signed by a number of registered voters equal 14
to at least twenty percent (20%) of the residents in the unincorp orated area of the 15
county voting in the preceding regular election and twenty percent (20%) of the 16
residents in incorporated areas of the county voting in the preceding regular 17
election. 18
(3) Within sixty (60) days of the adoption of an ordinance pursuant t o subsection (1) of 19
this section, or within sixty (60) days of a petition being filed with the county clerk 20
pursuant to subsection (2) of this section and certified as sufficient pursuant to KRS 21
67.832, the fiscal court and the city legislative body of eac h city within the county 22
shall jointly appoint a commission to study the question of the adoption of a charter 23
county form of government or the consolidation of any agency, subdivision, 24
department, or subdistrict providing any services or performing any fu nctions for a 25
city or county. The fiscal court shall determine the size of the membership of the 26
commission, which shall be composed of not less than twenty (20) or more than 27
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forty (40) citizen members, and which may include elected or appointed county and 1
city officials. Any officials appointed under this section shall serve as voting 2
members of the commission. The actual appointment of individual members to the 3
commission shall be governed by the following provisions: 4
(a) The county judge/executive, with the approval of the fiscal court, shall make a 5
number of appointments equal to fifty -five percent (55%) of the membership 6
of the commission; 7
(b) Jointly, the cities shall make a number of appointments equal to forty -five 8
percent (45%) of the membership of the commission. The mayor of each city 9
shall, subject to the approval of the city legislative body, make a number of 10
appointments based on the ratio that the percentage of the population residing 11
in the mayor's city bears to the total population of all cit ies in the county. 12
Each city within the county shall have a minimum of one (1) representative on 13
the commission; and 14
(c) The county judge/executive shall serve as a voting member of the commission 15
and preside as its chairman. 16
(4) The commission shall be fu nded by the fiscal court and each city within the county 17
in proportion to its ratio of membership on the commission and shall be responsible 18
for developing a comprehensive plan for the consolidation of services and functions 19
of cities and the county, or th e formation of a charter county government that shall 20
include but not be limited to the following provisions: 21
(a) A description of the form, structure, functions, powers, and name of the 22
proposed charter county government; 23
(b) A description of the officers and their powers and duties of the proposed 24
charter county government; 25
(c) The procedures by which the original comprehensive plan may be amended 26
by the subsequently created charter county government; 27
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(d) The procedures by which the comprehensive plan may be amended by county 1
and participating city or cities as a result of contingencies arising from the 2
failure of certain jurisdictions to vote in favor of joining the comprehensive 3
plan. The contingency plan shall be adopted by the participating county and 4
city or cities by joint ordinance. The contingency plan shall be adopted by the 5
participating county and city or cities within sixty (60) days of the 6
certification of the election result. The contingency plan shall only address: 7
1. Issues of revenue; 8
2. Issues of indebtedness; 9
3. Issues of service provision, service areas, or service area boundaries; 10
4. Personnel or administration[, but may not infringe upon any pre-existing 11
collective bargaining agreements in force in participating jurisdictions]; 12
and 13
5. Any issues directly related to the cost of government or provision of 14
services within the comprehensive plan. 15
The contingency plan shall not address issues within the plan related to 16
paragraph (a), (b), or (c) of this subsection; and 17
(e) The procedures whereby the charter county government may be dissolved. 18
The procedures drafted shall include but are not limited to: 19
1. Requirements for a public petition for the dissolution of the charter 20
county government; 21
2. The question to be pres ented to voters for the dissolution of the charter 22
county government; and 23
3. Any administrative measures necessary to settle tax and debt issues 24
created by the dissolution of the charter county government. 25
The proposed charter plan shall specify that no p etition for the dissolution of 26
the charter county government shall be valid until a period of five (5) years 27
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have passed from commencement of the first terms of the duly elected officers 1
of the charter county government. 2
(5) The comprehensive plan shall be completed within four (4) years of the 3
commission's appointment. If a majority of the commission members are unable to 4
agree on a single plan for the formation of a charter county government or the 5
consolidation of services or functions within four (4) ye ars of the appointment of 6
the commission, the commission shall be disbanded unless two -thirds (2/3) of the 7
commission agree to extend the commission for no longer than six (6) months. 8
(6) The comprehensive plan shall be consistent with the provisions of th e Constitution 9
of Kentucky and shall be advertised at least ninety (90) days before a regular 10
election at which the voters will be asked to approve or disapprove the adoption of 11
the comprehensive plan. The question of whether the comprehensive plan shall b e 12
adopted shall be filed with the county clerk not later than the second Tuesday in 13
August preceding the day of the next regular election. 14
(7) The comprehensive plan proposed shall be presented to the voters at a regular 15
election and: 16
(a) The votes shall b e counted, returns made and canvassed in accordance with 17
the provisions of KRS Chapters 116 to 121 governing elections; 18
(b) The results shall be certified by the county board of election commissioners to 19
the county clerk; and 20
(c) If a majority of those vot ing on the issue within each area as required by 21
subsections (8) and (9) of this section are in favor of adopting the 22
comprehensive plan, the county board of election commissioners shall enter 23
the fact of record, and the charter county commission shall org anize the 24
charter county government or the county and each participating city shall 25
provide for the consolidation of services or functions as provided in the 26
comprehensive plan. 27
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(8) Subject to the restrictions in subsection (9) of this section, for the com prehensive 1
plan to be adopted, it shall require both a majority of those residents voting within 2
the unincorporated area of the county to vote in favor of its adoption, and: 3
(a) A majority of those residents voting within the city containing the largest 4
population in the county, based on the most recent decennial census, to vote in 5
favor of its adoption; or 6
(b) A majority of those residents voting, pursuant to subsection (9) of this section, 7
within cities that together contain at least fifty percent (50%) of the population 8
residing within the incorporated areas of the county, based on the most recent 9
decennial census, to vote in favor of its adoption. 10
(9) (a) The votes shall be counted within each city to determine whether the majority 11
of voters within each city are in favor of the adoption of the comprehensive 12
plan. 13
(b) Each city where the majority of those voting are in favor of adopting the 14
comprehensive plan shall participate in the charter county government, 15
subject to the requirements of subsection (8) of this section. 16
(c) Each city where the majority of those voting are not in favor of adopting the 17
comprehensive plan: 18
1. Shall not participate in the charter county government; 19
2. Shall remain incorporated unless dissolved in accordance with KRS 20
81.094 an d shall continue to exercise all powers and perform the 21
functions permitted by the Constitution and general laws of the 22
Commonwealth of Kentucky applicable to the cities of the class to 23
which they have been assigned; and 24
3. Shall allow eligible voters with in the city to vote for the chief executive 25
officer of the charter county government and the relevant legislative 26
body member or members of the charter county government for the area 27
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including the nonparticipating city. 1
(10) If the comprehensive plan is not adopted, the same proposal shall not be submitted 2
for voter consideration for a period of five (5) years from the date of the election 3
wherein the comprehensive plan failed to receive the requisite votes. 4
Section 7. KRS 67.852 is amended to read as follows: 5
(1) All contracts, bonds, franchises, and other obligations of a participating city and the 6
county in existence on the effective date of a charter county government [, including 7
but not limited to collective bargaining agreements,] shall continue in force and 8
effect as obligations of the charter county government for the term of those 9
contracts, bonds, franchises, and other obligations. 10
(2) The charter county government shall succeed to a ll rights and entitlements of these 11
contracts, bonds, franchises, and other obligations. 12
(3) All conflicts in the provisions of the contracts, bonds, franchises, and other 13
obligations shall be resolved in a manner that does not impair the rights of any of 14
the parties.[ 15
(4) Nothing in KRS 67.825 to 67.875 shall be construed to nullify a participating city's 16
petition pursuant to KRS 345.010 to be included under KRS Chapter 345 for 17
collective bargaining with firefighters. Nothing in KRS 67.825 to 67.875 shall be 18
construed to nullify any other legal obligations requiring the continuance of 19
collective bargaining with a county's or participating city's employees. To the extent 20
required by KRS Chapter 345 or any other legal obligation requiring the 21
continuance of collective bargaining, the charter county government shall continue 22
to bargain collectively with those employees who were covered under a contract 23
with the county or participating city at the time of the formation of the charter 24
county government.] 25
Section 8. KRS 67.910 is amended to read as follows: 26
(1) The unification review commission shall study matters relating to the feasibility of 27
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forming a unified local government and, if unification is proposed, develop a 1
unification plan consistent with the provisions of the Kentucky Constitution and 2
KRS 67.900 to 67.940. A unification plan shall include: 3
(a) The process for establishing the unified local government; 4
(b) A description of the form, structure, functions, and powers of the proposed 5
unified local government; 6
(c) A description of the officers of the proposed unified local government and 7
their powers and duties; 8
(d) A procedure for the orderly and timely transition of specified services, 9
functions, and responsibilities f rom each affected city and the county to the 10
unified local government; 11
(e) A procedure for the orderly transition to the unified local government of the 12
services, functions, and responsibilities of any special district that will be 13
eliminated; 14
(f) A procedure for the orderly transition to the unified local government of the 15
services, functions, and responsibilities of any board, commission, or 16
authority that will be eliminated; 17
(g) The procedures by which the unification plan may be amended by the 18
subsequently created unified local government; 19
(h) The procedures by which the unification plan may be amended by the 20
participating county and city or cities as a result of contingencies arising from 21
the failure of certain jurisdictions to vote in favor of joining the unification 22
plan. The contingency plan shall be adopted by the participating county and 23
city or cities by joint ordinance. The contingency plan shall be adopted by the 24
participating county and city or cities within sixty (60) days of the 25
certification of the election result. The contingency plan shall only address: 26
1. Issues of revenue; 27
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2. Issues of indebtedness; 1
3. Issues of service provision, service areas, or service area boundaries; 2
4. Personnel or administration[, but may not infringe upon any pre-existing 3
collective bargaining agreements in force in participating jurisdictions] ; 4
and 5
5. Any issues directly related to the cost of government or provision of 6
services within the unification plan. 7
The contingency plan shall not address issues within the plan related to 8
paragraph (a), (b), (c), (d), (e), (f), or (g) of this subsection; and 9
(i) The procedures by which the unified local government may be dissolved. The 10
procedures drafted shall include but are not limited to: 11
1. Requirements for a public petition for the dissolution of the unified local 12
government; 13
2. The question to be presented to voters for the dissolution of the unified 14
local government; and 15
3. Any administrative measures necessary to settle tax and debt issues 16
created by the dissolution of the unified local government. 17
The proposed unification plan shall specify that no petition for the dissolution 18
of the unified local government shall be valid until a period of five (5) years 19
has passed from commencement of the first terms of the duly elected officers 20
of the unified local government; and 21
(j) Such other provisions as the commission shall determine. 22
(2) The unification review commission may propose a unification plan under which the 23
county and one (1) or more participating cities unite to form a single unit of local 24
government. 25
(3) The unification plan shall be completed within two (2) years of the commission's 26
appointment. If a majority of the commission members are unable to agree on a 27
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plan for unification within the two (2) year period, the unification review 1
commission shall be dissolved by operation of law. 2
Section 9. KRS 67C.101 is amended to read as follows: 3
(1) The governmental and corporate functions vested in any city of the first class shall, 4
upon approval by the voters of the c ounty at a regular or special election, be 5
consolidated with the governmental and corporate functions of the county 6
containing the city. This single government replaces and supersedes the 7
governments of the pre-existing city of the first class and its county. 8
(2) (a) A consolidated local government shall have all powers and privileges that 9
cities of the first class and their counties are, or may hereafter be, authorized 10
to exercise under the Constitution and the general laws of the Commonwealth 11
of Kentucky, including but not limited to those powers granted to cities of the 12
first class and their counties under their respective home rule powers. 13
(b) A consolidated local government shall continue to exercise these powers and 14
privileges notwithstanding repeal or amendment of any of the laws upon 15
which the powers and privileges are based unless expressly repealed or 16
amended for consolidated local governments. 17
(c) In addition, a consolidated local government shall have other powers and 18
privileges as the government may be authorized to exercise under the 19
Constitution and general laws of the Commonwealth of Kentucky. 20
(d) A consolidated local government is neither a city government nor a county 21
government as those forms of government exist on July 15, 2002, but it is a 22
separate classification of government which possess the greater powers 23
conferred upon, and is subject to the lesser restrictions applicable to, county 24
government and cities of the first class under the Constitution and general 25
laws of the Commonwealth of Kentucky. 26
(e) A consolidated local government shall be accorded the same sovereign 27
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immunity granted counties, their agencies, officers, and employees. 1
(3) A consolidated local government shall have power and authority to: 2
(a) Levy and collect taxes upon al l property taxable for state purposes within the 3
territorial limits of the consolidated local government not exempt by law from 4
taxation; 5
(b) License, tax, and regulate privileges, occupations, trades, and professions 6
authorized by law, to be uniform throughout the jurisdiction; 7
(c) Make appropriations for the support of the consolidated local government and 8
provide for the payment of all debts and expenses of the consolidated local 9
government and the debts and expenses of the county and city of which it is 10
the successor; 11
(d) Issue or cause to be issued bonds and other debt instruments that counties 12
containing a city of the first class are authorized to issue or enter into all other 13
financial transactions as may be permitted by law; 14
(e) Purchase, lease, cons truct, maintain, or otherwise acquire, hold, use, and 15
operate any property, real or personal, for any public purpose, and sell, lease, 16
or otherwise dispose of any property, real or personal, belonging to a 17
consolidated local government; 18
(f) Exercise the po wer of eminent domain for any public purpose subject to the 19
limitations and exceptions prescribed by the Constitution and the general laws 20
of the Commonwealth of Kentucky; 21
(g) Accept federal or state funds and other sources of revenue that are applicable 22
to counties and cities of the first class; 23
(h) Establish, erect, maintain, and operate facilities for the confinement, 24
detention, and rehabilitation of persons convicted of the violation of the 25
ordinances and laws of a consolidated local government or the 26
Commonwealth of Kentucky; 27
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(i) Pass and enforce by fines and penalties, if necessary, all ordinances, not 1
inconsistent with law, as are expedient in maintaining the peace, good 2
government, health, and welfare of the inhabitants of the county and prevent, 3
abate, and remove nuisances; 4
(j) Collect and dispose of garbage, junk, and other refuse, and regulate the 5
collection and disposal of garbage, junk, and other refuse by others; 6
(k) Provide for the redevelopment, renewal, or rehabilitation of blighted, 7
deteriorated, or dilapidated areas; 8
(l) Enforce zoning regulations; 9
(m) Enter into contracts and agreements with other governmental entities and with 10
private persons, firms, and corporations; and 11
(n) [Adopt procedures for collective bargaining with its employees and for the 12
certification of exclusive bargaining agents for groups of employees in 13
accordance with the Constitution and general laws of the Commonwealth of 14
Kentucky and its ordinances; and 15
(o) ]Exercise all other powers and authorities granted to counties and cities of the 16
first class by the general laws of the Commonwealth of Kentucky. 17
(4) The powers of the consolidated local government shall be construed broadly in 18
favor of the consolidated l ocal government. The specific mention, or failure to 19
mention, of particular powers in this section shall not be construed as limiting in 20
any way the general or specific powers of a consolidated local government. 21
(5) A consolidated local government shall ha ve power and jurisdiction throughout the 22
total area embraced by the official jurisdictional boundaries of the county. 23
(6) A consolidated local government shall be known as............../.....................County 24
Metro Government, which shall be the combi nation of the names of the largest city 25
in existence on the date of the adoption of the consolidated local government and 26
the county. 27
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Section 10. KRS 67C.326 is amended to read as follows: 1
(1) As used in this section: 2
(a) "Citizen" means any individual who is not: 3
1. A member or supervisor within the law enforcement agency that 4
employs an officer; or 5
2. An elected or appointed official within the unit of government under 6
which the law enforcement agency that employs the officer is organized; 7
(b) "Complaint" means any statement by a citizen, whether written or verbal, that 8
alleges any type of misconduct by an officer, including any statement that is 9
submitted or received anonymously; 10
(c) "Disciplinary action" means terminat ion, demotion, a decrease in pay or 11
grade, suspension without pay, or a written reprimand; 12
(d) "Interrogation" means a formal investigative interview and does not mean 13
conversations or meetings of supervisory personnel and subordinate officers 14
that are not intended to result in disciplinary action, such as conversations or 15
meetings held for the purpose of providing corrective instruction, counseling, 16
or coaching; and 17
(e) "Misconduct" means any act or omission by that officer that violates criminal 18
law or th e rules and administrative regulations of the department or 19
consolidated local government. 20
(2) In order to establish a minimum system of professional conduct for the police 21
officers of consolidated local governments of this Commonwealth, the following 22
standards are stated as the intention of the General Assembly to deal fairly and 23
establish administrative due process rights for police officers of the consolidated 24
local government and, at the same time, provide a means for redress by the citizens 25
of the Commonwealth for wrongs allegedly done to them by police officers covered 26
by this section. 27
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(3) Any complaint taken from a citizen alleging misconduct on the part of any police 1
officer, as defined herein, shall be taken as follows: 2
(a) If the complaint alleges criminal activity by a police officer, the allegations 3
may be investigated without a signed, sworn complaint of the citizen; 4
(b) If the complaint alleges any other type of misconduct, an affidavit, signed and 5
sworn to by the citizen, shall be obtained, exc ept as provided by paragraph (c) 6
of this subsection; or 7
(c) If a complaint is required to be obtained and the citizen, upon request, refuses 8
to make allegations under oath in the form of an affidavit, signed and sworn 9
to, the department may investigate the allegations, but shall bring charges 10
under subsection (6) of this section against the police officer only if the 11
department can independently substantiate the allegations absent the sworn 12
statement of the citizen. 13
(4) (a) When an officer is accused of mis conduct by any individual within the 14
department employing the police officer, including supervisors and elected or 15
appointed officials of the police officer's department, or by a citizen 16
complaint, the department shall conduct any investigation subject to the 17
provisions of subsection (5) of this section, formally charge the police officer 18
in accordance with subsection (6) of this section, and conduct a hearing in 19
accordance with subsection (7) of this section before any disciplinary action is 20
taken against the police officer. 21
(b) The provisions of this subsection shall not prevent the department from 22
suspending the police officer, with or without pay, during an investigation and 23
pending the final disposition of any formal charges, except that a police 24
officer suspended without pay shall be entitled to full back pay and benefits 25
for the regular hours the officer would have worked if no formal charges were 26
brought or the board finds the officer not guilty of the charges. 27
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(5) (a) Any complaint filed by a citizen under subsection (3) of this section or any 1
allegation of misconduct under subsection (4) of this section shall be 2
investigated by the department or another designated law enforcement agency 3
if the department determines that an investigation of the compla int or the 4
alleged misconduct is warranted. 5
(b) No threats, promises, or coercions shall be used at any time against any police 6
officer while he or she is a suspect in a criminal or departmental matter. 7
Suspension from duty with or without pay, or reassign ment to other than an 8
officer's regular duties during the period, shall not be deemed coercion. Prior 9
to or within twenty -four (24) hours after suspending the officer pending 10
investigation or disposition of a complaint, the officer shall be advised in 11
writing of the reasons for the suspension. 12
(c) No police officer shall be subjected to interrogation in a departmental matter 13
involving alleged misconduct on his or her part, until forty -eight (48) hours 14
have expired from the time the request for interrogation is made to the 15
accused officer, in writing. The interrogation shall be conducted while the 16
officer is on duty. The notice of interrogation shall include a statement of any 17
reason for the interrogation and served on the officer by certified mail, return 18
receipt requested, or by personal delivery. 19
(d) If requested by the department no later than the end of the subject officer's 20
next tour of duty after the tour of duty during which the department initially 21
was made aware of the allegations of misconduct, the officer shall submit a 22
written report of the alleged incident. 23
(e) If a police officer is under arrest, or likely to be arrested, or a suspect in any 24
criminal investigation, he or she shall be afforded the same constitutional due 25
process rights that are accorded to any civilian, including but not limited to 26
the right to r emain silent and the right to counsel, and shall be notified of 27
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those rights before any questioning commences. 1
(6) (a) If it is determined through investigation or other means that the facts alleged 2
in a citizen complaint or other allegation of misconduct warrant disciplining 3
the officer, the department shall provide the officer the written statement 4
required in KRS 67C.321(1)(a), which shall include sufficient specificity so as 5
to fully inform the police officer of the nature and circumstances of the 6
alleged violation in order that he or she may be able to properly defend 7
himself or herself. 8
(b) The written statement shall be signed by the chief, set out the disciplinary 9
action intended by the chief, and be served on the police officer in writing by 10
certified mail, return receipt requested, or by personal delivery. 11
(c) When a police officer has been charged with misconduct, no public statements 12
shall be made concerning the alleged violation by any person or persons of the 13
consolidated local government or th e police officer so charged, until final 14
disposition of the charges. 15
(d) No police officer as a condition of continued employment by the consolidated 16
local government shall be compelled to speak or testify or be questioned by 17
any person or body of a nongovernmental nature. 18
(7) Subject to KRS 67C.321 and 67C.325, a hearing shall be conducted by the board to 19
determine whether the discipline issued by the chief is supported by a 20
preponderance of the evidence and whether the disciplinary action recommended by 21
the chief is justified. In conducting a hearing, the following administrative due 22
process rights shall be recognized and these shall be the minimum rights afforded 23
any police officer charged, except as otherwise agreed to in writing by the officer 24
and the employing agency: 25
(a) The accused police officer shall have been given at least twelve (12) days' 26
written notice of any hearing. The notice shall be served on the officer by 27
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certified mail, return receipt requested, or by personal delivery; 1
(b) Copies of an y sworn statements or affidavits to be considered by the board 2
and any exculpatory statements or affidavits shall be furnished to the police 3
officer no less than twelve (12) days prior to the time of any hearing; 4
(c) At any hearing based upon the sworn com plaint of a citizen, the citizen shall 5
be notified to appear at the time and place of the hearing by certified mail, 6
return receipt requested, or by personal delivery; 7
(d) If the return receipt has been returned unsigned, or the citizen does not appear, 8
except where due to circumstances beyond his or her control he or she cannot 9
appear at the time and place of the hearing, any charge resulting from a 10
complaint made by that citizen shall not be considered by the hearing 11
authority and shall be dismissed with prejudice; 12
(e) The accused police officer shall have the right and opportunity to obtain and 13
have counsel present, and to be represented by the counsel; 14
(f) The board shall subpoena and require the attendance of witnesses and the 15
production by them of book s, papers, records, and other documentary 16
evidence at the request of the accused police officer or the chief. If any person 17
fails or refuses to appear under the subpoena, or to testify, or to attend, or 18
produce the books, papers, records, or other document ary evidence lawfully 19
required, the board may report to the Circuit Court or any judge thereof the 20
failure or refusal, and apply for a rule. The Circuit Court, or any judge thereof, 21
may on the application compel obedience by proceedings for contempt as in 22
the case of disobedience of the requirements of a subpoena issued from the 23
court; 24
(g) The accused police officer shall be allowed to present witnesses and any 25
documentary or other relevant evidence the police officer wishes to provide to 26
the board, and may cross-examine all witnesses called by the charging party; 27
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(h) For any police officer suspended with or without pay who is not given a 1
hearing as provided by this section within sixty (60) days his or her appeal of 2
the final opinion by the chief or the chi ef's designee, the discipline and 3
charges issued by the chief shall be dismissed with prejudice, shall not be 4
considered by the board, and the officer shall be reinstated with full back pay 5
and benefits; 6
(i) Any police officer who has been suspended witho ut pay who is found not 7
guilty of the charges by the board shall be reinstated with the full back pay 8
and benefits for the regular hours he or she would have worked; 9
(j) The failure to provide any of the rights or to follow the provisions of this 10
section may be raised by the officer with the hearing authority. The hearing 11
authority shall not exclude proffered evidence based on failure to follow the 12
requirements of this section but shall consider whether, because of the failure, 13
the proffered evidence lacks weight or credibility and whether the officer has 14
been materially prejudiced; and 15
(k) To the extent the provisions of KRS 61.805 to 61.850 are applicable, the 16
board may conduct the hearing required by this subsection in a closed session 17
unless the police officer requests of the board, in writing at least three (3) days 18
prior to the hearing, that the hearing be open to the public. 19
(8) As the provisions of this section relate to a minimum system of professional 20
conduct, nothing in this section shall be interpreted or construed to: 21
(a) Limit or in any way affect any rights previously afforded to a police officer of 22
the consolidated local government by statute [, collective bargaining or 23
working agreement,] or legally adopted ordinance; 24
(b) Preclude a consolidate d local government from investigating and charging a 25
police officer both criminally and administratively; or 26
(c) Prevent the suspension, with or without pay or reassignment, of a police 27
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officer during an investigation and pending the final disposition of charges. 1
Section 11. KRS 78.425 is amended to read as follows: 2
(1) All police officers of whatever rank and title, and all employees [, except civilian 3
employees covered by a collective bargaining agreement,] of every coun ty police 4
force affected by KRS 78.400 to 78.460 and 78.990 are covered by the provisions 5
hereof, except probationary officers and employees. All covered officers and 6
employees of every county police force on active duty or service as of the effective 7
date of an order of the fiscal court of the county creating a county police merit 8
system and board, shall be deemed fit and qualified to continue their respective 9
duties of employment on or for their respective county police force without 10
examination or furthe r qualification, except and unless the chief of police of any 11
county police force shall, within sixty (60) days after the establishment of the 12
board, certify to the board that any officer or employee is physically unfit to 13
continue his or her duties. 14
(2) If a merit system is established which covers a county fire department, the 15
provisions of subsection (1) shall apply to the county fire department as they apply 16
to the county police force. 17
(3) All personnel covered by the provisions (a) of KRS 78.400 to 78. 460, or (b) KRS 18
67.323, 67.325 and this section, or both, except probationary officers and 19
employees, shall be deemed to be permanent employees subject to their ability to 20
satisfactorily perform their respective duties and further subject to their good 21
behavior. 22
(4) Probationary officers and employees shall not be included in the merit system until 23
they satisfactorily complete their initial probationary periods established by the 24
governing merit board. Officers and employees serving promotional probationary 25
periods, however, shall not be deemed excluded from the merit system during the 26
promotional probationary periods. 27
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Section 12. KRS 95.290 is amended to read as follows: 1
(1) The city legislative body in cities of the first class may enact ordinances providing 2
for a system of pensions for retired and disabled members of the police and fire 3
divisions of the department of public safety and their dependents, may appropriate 4
funds for the purpose of paying such pensions, may allot and pay to the policemen's 5
pension fund or the firefighters' pension fund or either or both of them, all fines and 6
forfeitures imposed upon members of the respective divisions, and may provide for, 7
assess, and collect contributions from the members for the benefit of the fund. 8
(2) (a) There shall be a governing body of the policemen's pension fund, and a 9
governing body of the firefighters' pension fund. The governing bodies of the 10
respective funds shall hold title to all assets in their respective funds, and shall 11
have exclusive authority relating to investment of the assets of the funds, 12
including contracting with investment advisors or managers to perform 13
investment services as deemed necessary and prudent by the board. A 14
majority of the governing body of each fund shall be composed of persons 15
receiving pension benefits from the respective pension systems, and no more 16
than one (1) member of the city legislative body may be a member of the 17
governing body of either the policemen's or the firefighters' pension fund, 18
except if there are fewer than six (6) active and retired members of the 19
policemen's or the firefighters' pension fund, the governing body of the 20
pension fund shall be composed of the mayor, city tr easurer or chief financial 21
officer, and two (2) employees appointed by the mayor from the city's 22
respective police department or fire department. To be effective, an action of 23
the governing body of a fund shall require only a simple majority of the votes 24
cast at a properly convened meeting of the governing body where a quorum is 25
present, with a quorum being a majority of the members of a governing body. 26
(b) If there are fewer than twelve (12) active and retired members or beneficiaries 27
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of the policemen's or the firefighters' pension fund, the governing body of the 1
fund may elect to offer to individuals entitled to benefits from the fund a one 2
(1) time irrevocable option to convert monthly pension benefits from the fund 3
to monthly annuity benefits from an ins urance company for the same amount. 4
An insurance company accepting a benefit transfer shall honor any features 5
and options available under the existing plan. If the governing body of the 6
fund elects to offer the option to convert monthly pension benefits t o monthly 7
annuity benefits, it shall provide to individuals entitled to benefits from the 8
fund sufficiently complete and appropriate disclosures to assist in making an 9
informed decision. 10
(c) If all liabilities to all individuals entitled to benefits from t he policemen's 11
pension fund or firefighters' pension fund have been satisfied, the ordinances 12
establishing the fund may be repealed by the majority vote of the duly elected 13
members of the entire legislative body. If repealed, the governing body of the 14
policemen's or firefighters' pension fund shall, within sixty (60) days of 15
repeal, proceed with the liquidation of any residual assets of the fund. All 16
residual assets liquidated pursuant to this paragraph shall be distributed by the 17
governing body to the city 's general fund provided the return of assets 18
complies with federal and state law governing the distribution of assets. 19
Within thirty (30) days following the distribution of residual assets, the 20
governing body of the fund shall as its last act file a compl ete report with the 21
legislative body of the city, for retention by the city clerk the same as for other 22
city records, of the actions taken to dissolve the fund and liquidate residual 23
assets of the fund. 24
(3) Any policemen's pension fund or any firefighters' pension fund established under 25
the provisions of this section shall be held or distributed for, and only for, any of the 26
following purposes of the respective fund as applicable: 27
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(a) Paying pensions, and any bonus payments under applicable ordinances; 1
(b) Making payments to the city for transfer to the County Employees Retirement 2
System for alternate participation pursuant to KRS 78.530(3)(a) and 78.531(2) 3
or for the distribution of residual assets in the event the fund is dissolved 4
pursuant to subsection (2)(c) of this section; 5
(c) Making payments to the city for transfer to an insurance company for 6
conversion of monthly pension benefits to monthly annuity benefits as 7
provided in subsection (2)(b) of this section; 8
(d) Transferring pension assets through inv estment contract or other financial 9
instrument for the purpose of amortizing unfunded service liabilities; and 10
(e) Payment from the city to the County Employees Retirement System for future 11
pension contributions required pursuant to KRS 61.702 and 78.635. 12
Pursuant to the terms of this section, if policemen of the city of the first class elect 13
entry into the County Employees Retirement System and thereby create excess 14
funds over those required to provide for the purposes set forth in paragraphs (a), (b), 15
(c), (d), and (e) of this subsection, these excess funds shall be distributed to the city 16
for use by the city for any other purpose it may elect, including but not limited to 17
the establishment of a reserve for payment under paragraph (e) of this subsection. 18
The governing board of the fund may annually expend for the necessary expenses 19
connected with the fund, including but not limited to expenses for medical, 20
actuarial, accounting, and legal services, the amount such governing board deems 21
proper. 22
(f) Payment from the city to the County Employees Retirement System for future 23
pension contributions required pursuant to KRS 61.702 and 78.635. Pursuant 24
to the terms of this section, if firefighters of the city of the first class elect 25
entry into the County Employees Retirement System and thereby create 26
excess funds over those required to provide for the purposes set forth in 27
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paragraphs (a), (b), (c), (d), and (e) of this subsection, these excess funds shall 1
be distributed according to the terms of an agreement negoti ated between the 2
city and the union organization representing the firefighters. The city may use 3
its share of the distributed excess funds for any purpose it may elect, including 4
but not limited to the establishment of a reserve for payment under paragraph 5
(f) of this subsection. 6
(4) (a) The governing body of each pension fund shall ensure that all of the assets in 7
the fund are distributed for the purposes in subsection (3) of this section, and 8
only for these purposes. If in any calendar year the assets in either fund 9
exceed those needed for the actuarial liability for payment of pension benefits 10
and any anticipated liabilities under subsection (3)(b) and (d) of this section, 11
the legislative body of the city establishing the pension system shall ensure by 12
pension bonus ordinance that a portion of these excess funds be distributed in 13
an equitable manner to all eligible pension recipients. Nothing in this 14
subsection shall be construed to require any change to be made to any pension 15
ordinance as it exists on July 15, 1998. 16
(b) The governing board of either fund may annually expend for the necessary 17
expenses connected with the fund, including but not limited to expenses for 18
medical, actuarial, accounting, and legal or other professional services, the 19
amount such governing board deems proper. 20
(5) Any ordinance establishing a pension fund under this section shall make equitable 21
provision for the rights of persons having an interest in assets transferred to the fund 22
from any fund heretofore established by statute. 23
(6) To assure equal protection for the beneficiaries of either fund, any action taken by 24
the city executive or legislative body in cities of the first class that affects a 25
policemen's pension fund or a firefighters' pension fund established under this 26
section shall, to the maximum extent permitted by law, treat each fund in a uniform 27
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manner and shall not cause any change to be made to the structure or operation of 1
either fund, whether through legislation, litigation, compromise, settlement, or 2
otherwise, unless any proposed change is offered to the other fund before it takes 3
effect. Nothing in this subsection shall be construed to require any change to be 4
made to any pension ordinance as it exists on July 15, 1998. 5
(7) The legislative body in a city of the firs t class shall issue the appropriate order, 6
pursuant to KRS 78.530(1), directing participation for policemen in the County 7
Employees Retirement System. All new employees who would have been granted 8
membership in the local policemen's pension system shall be members of the 9
County Employees Retirement System. All active members of the local policemen's 10
pension system at the time of transition to the County Employees Retirement 11
System may choose membership in the County Employees Retirement System or 12
may retain membership in the local system. The city shall elect the alternate 13
participation plan, pursuant to KRS 78.530(3), for policemen who transfer to the 14
County Employees Retirement System. Notwithstanding the provisions of KRS 15
78.530(3)(b), the city may, at it s option, extend the payment period for the cost of 16
alternate participation to a maximum of twenty (20) years with the interest at the 17
rate actuarially assumed by the board. The city shall have the right to use assets in 18
the local pension fund, other than assets necessary to pay benefits to the remaining 19
active members of the local policemen's pension system and to retirees and their 20
survivors as determined by actuarial valuation, to assist in the payment of the 21
annual installment cost of alternate particip ation. All policemen who become 22
members of the County Employees Retirement System pursuant to this section shall 23
be granted hazardous duty coverage, and the city may, at its option, purchase 24
accumulated sick leave for each policeman upon retirement pursuan t to KRS 25
78.616. 26
(8) The legislative body in a city of the first class may issue the appropriate order, 27
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pursuant to KRS 78.530(1), directing participation for firefighters in the County 1
Employees Retirement System. In the event that the legislative body in a city of the 2
first class issues such an order, then all new employees who would have been 3
granted membership in the local firefighters' pension system shall be members of 4
the County Employees Retirement System. All active members of the local 5
firefighters' pension system at the time of transition to the County Employees 6
Retirement System may choose membership in the County Employees Retirement 7
System or may retain membership in the local system. The city shall elect the 8
alternate participation plan, pursuant to KRS 78.530(3), for firefighters who transfer 9
to the County Employees Retirement System. Notwithstanding the provisions of 10
KRS 78.530(3)(b), the city may, at its option, extend the payment period for the 11
cost of alternate participation to a maximum of twenty (20) years with the interest at 12
the rate actuarially assumed by the board. The city shall have the right to use assets 13
in the local firefighters' pension fund, other than assets necessary to pay benefits to 14
the remaining active members of the loca l firefighters' pension system and to 15
retirees and their survivors as determined by actuarial valuation, to assist in the 16
payment of the annual installment cost of alternate participation. After certification 17
by the County Employees Retirement System of el igibility for hazardous duty 18
coverage, each firefighter who becomes a member of the County Employees 19
Retirement System pursuant to this section shall be granted hazardous duty 20
coverage. 21
(9) [Notwithstanding the provisions of KRS 61.702 and 78.635, which re late to the 22
contributions required of participating employers, any city of the first class 23
participating in the County Employees Retirement System hazardous duty pension 24
plan which has in effect a collective bargaining agreement with a group of 25
employees who participate in said plan, shall have the right to enter into agreement 26
with its employees or with their respective collective bargaining representatives. 27
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This agreement may include but is not limited to specifications of what portion of 1
the required employer contribution shall be borne by the participating employer and 2
what portion shall be borne by the participating employee. This provision in no way 3
modifies the employer's obligation to remit the contributions required by the 4
County Employees Retiremen t System pursuant to KRS 61.702 and 78.635, 5
whether such contributions are borne by the city or by its participating employees. 6
(10) ]With regard to the employer participation or employer contributions pursuant to 7
KRS 61.702 and 78.635 as it relates to fut ure pension contribution requirements or 8
as it relates to payback period or interest charge for service liability cost under 9
alternate participation, if any statute or any resolution of the appropriate state board 10
of trustees having authority over employer participation or employer contribution 11
grants any terms or conditions to any city of the home rule class, or to any county, 12
or to any urban -county government, which are more favorable in terms of 13
participation than terms or conditions granted to any city of the first class, then said 14
provisions for employer participation or contribution shall be available to the city of 15
the first class, at its option and effective upon adoption by the city of the first class 16
and notification to the County Employees Retirement System. 17
Section 13. KRS 95.500 is amended to read as follows: 18
(1) The chief of the fire department in cities or urban-county governments, or an officer 19
acting under his or her authority: 20
(a) Shall be present at all fires and investigate their cause; 21
(b) May examine witnesses, compel the production of testimony, administer 22
oaths, make arrests, and enter any building for the purpose of examination 23
that, in his or her opinion, is in danger from fires; and 24
(c) Shall report his or her proceedings to the city legislative body when required. 25
(2) The chief shall: 26
(a) Direct and control the operations of the members of the fire department in the 27
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discharge of their duties; 1
(b) Have access to and use of all cisterns, fireplugs, the waters of the waterworks, 2
and the cisterns of private persons, for the purpose of extinguishing fires; 3
(c) Have the right to examine all cisterns, and all plugs and pipes of the 4
waterworks, to see that they are in condition for use in case of fire; 5
(d) Have control of all buildings, hose, engines, and other equipment provided for 6
the fire department; and 7
(e) Perform such other duties as the legislative body shall, by ordinance, 8
prescribe. 9
(3) (a) The fire department of each city listed on the registry pursuant to subsection 10
(5) of this section or urban -county government shall be divided into thre e (3) 11
platoons of firefighters. Each platoon, excluding the chief, the assistant chief, 12
clerical employees, maintenance employees, fire inspectors, fire investigators, 13
and arson investigators, in fire departments in the cities listed on the registry 14
or in urban-county governments, shall be on duty for: 15
1. Twenty-four (24) consecutive hours, after which the platoon serving 16
twenty-four (24) hours shall be allowed to remain off duty for forty -17
eight (48) consecutive hours; 18
2. [Unless otherwise provided in a collective bargaining agreement, ]Be on 19
forty-eight (48) consecutive hours, after which the platoon serving forty-20
eight (48) consecutive hours shall be allowed to remain off duty for the 21
following ninety-six (96) consecutive hours; or 22
3. [Unless otherwise pro vided in a collective bargaining agreement, 23
]Twenty-four (24) hours, after which the platoon serving twenty -four 24
(24) hours shall be allowed to remain off duty for seventy -two (72) 25
hours, after which that platoon shall be on duty again for forty-eight (48) 26
hours, then shall be allowed to remain off duty again for seventy -two 27
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(72) hours; 1
except in cases of dire emergency. The chief of the fire department shall 2
arrange the schedule of working hours to comply with the provisions of this 3
section. The pay, rank , or benefits of the members and officers of the fire 4
department shall not be reduced as a result of this subsection. 5
(b) [Notwithstanding paragraph (a) of this subsection, any city or urban -county 6
government that maintains a collective bargaining agreemen t with members 7
of its fire department may reach an agreement with the bargaining unit to 8
establish an alternative staffing and scheduling plan for the operation of its 9
fire department. 10
(c) ]Any change in a work schedule made pursuant to this subsection sha ll not 11
result in a decrease in the compensation of firefighters, exclusive of 12
unscheduled overtime. 13
(4) In each city or urban-county government listed on the registry, all employees of the 14
fire department shall be given not less than two (2) weeks leave of absence 15
annually, with full pay. 16
(5) On or before January 1, 2015, the Department for Local Government shall create a 17
registry of cities that shall be required to comply with the provisions of subsections 18
(3) and (4) of this section. The Department for Lo cal Government shall include 19
each of those cities on the registry that were classified as cities of the second class 20
on August 1, 2014. The Department for Local Government shall make the 21
information included on the registry available to the public by publi shing it on its 22
website. 23
Section 14. KRS 96A.200 is amended to read as follows: 24
If an authority acquires an existing transit system, the authority shall assume and observe 25
all existing labor contracts and pension obligat ions. All employees of such system who 26
are necessary for the operation thereof by the authority shall be transferred to and 27
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appointed as employees of the authority. Such employees shall be given seniority credit 1
and sick leave, vacation, insurance, and pen sion credits in accordance with the records or 2
labor agreements from the acquired transit system. The authority shall assume the 3
obligations of any transit system acquired by it with regard to wages, salaries, hours, 4
working conditions, sick leave, health and welfare and pension or retirement provisions 5
for employees. The authority and the employees [, through their representatives for 6
collective bargaining purposes,] shall take whatever action may be necessary to have 7
pension trust funds presently under the joint control of the acquired transportation system 8
and the participating employees through their representatives transferred to the trust fund 9
to be established, maintained and administered jointly by the authority and the 10
participating employees through their representatives. No employee of any acquired 11
transportation system who is transferred to a position with the authority shall by reason of 12
such transfer be placed in any worse position with respect to workers' compensation, 13
pension, seniority, wages, sick leave, vacation, health and welfare insurance or any other 14
benefits than he enjoyed as an employee of such acquired transportation system. 15
Section 15. KRS 160.1599 is amended to read as follows: 16
(1) An existing public school not scheduled for closure may be converted into a public 17
charter school and be identified to become a conversion public charter school if an 18
applicant indicates to a valid authorizer the intent to convert an existing public 19
school into a conversion public charter school. 20
(2) A conversion public charter school may only be established if: 21
(a) A school has been identified by the Kentucky Department of Education as 22
performing in the lowest five percent (5%) of its level and sixty percent (60%) 23
of the parents or guardians of students who attend the school have signed a 24
petition requesting the conversion, which shall be completed and submitted to 25
a valid authorizer no later than ninety (90) days after the date of the first 26
signature; 27
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(b) A school has been identified by the Kentucky Department of Education as not 1
performing in the lowest five percent (5%) of its level and sixty percent (60%) 2
of the parents or guardians of students who attend the school have signed a 3
petition requesting the conversion, whi ch is approved by a majority vote of 4
the local school board. If approved the completed petition shall be submitted 5
to a valid authorizer no later than ninety (90) days after the date of the first 6
signature; or 7
(c) The local school board votes to convert an existing public school over which 8
it has authority. 9
(3) For each conversion option identified in subsection (2) of this section, the Kentucky 10
Board of Education shall promulgate administrative regulations to govern the 11
processes and procedures for the pet ition, the conversion, and the operation of a 12
conversion public charter school. 13
(4) A conversion public charter school shall be governed by a board of directors 14
constituted and empowered as provided in KRS 160.1592. 15
(5) A conversion public charter school shall continue to comply with all federal and 16
state requirements concerning the treatment of children with special needs and 17
accept all students who attended the school prior to its conversion who wish to 18
attend. 19
(6) A conversion public charter school shall hire its own employees. 20
(7) An employee who works in a conversion public charter school shall be an employee 21
of the public charter school. 22
(8) [(a) For any collective bargaining agreement entered into on or after June 2 9, 23
2017, a governing board shall not be bound by its collective bargaining 24
agreement for employees of a conversion public charter school. 25
(b) Employees of a conversion public charter school may organize and 26
collectively bargain only as a unit separate from other school employees. 27
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(9) ]A conversion public charter school shall continue to be housed in the same public 1
school facility and shall have the option of using the existing assets of the school. 2
Section 16. KRS 161.141 is amended to read as follows: 3
(1) As used in this section, "education service provider," "public charter school," "local 4
school board," and "local school district" have the same meanings as in KRS 5
160.1590. 6
(2) (a) Public charter school employees shall participate in the Teachers' Retirement 7
System or the County Employees Retirement System, as determined by their 8
eligibility for participation in the appropriate system and provided the public 9
charter school satisfies the criteria set by the Internal Reve nue Service to 10
participate in a governmental retirement plan. 11
(b) Teachers and other certified personnel shall make any required employee 12
contributions to the Teachers' Retirement System under KRS 161.220 to 13
161.716. 14
(c) Classified employees shall make any required employee contributions to the 15
County Employees Retirement System under KRS 78.510 to 78.852. 16
(d) A public charter school shall participate in the state -sponsored health 17
insurance program on the same basis as a local school district pursuant to 18
KRS 18A.225. 19
(e) Any state appropriation for retirement, health, or life insurance benefits made 20
on behalf of a local public employee or a school district employee shall also 21
be made on behalf of a public charter school employee. 22
(f) A public charter school shall make any required employer contributions to the 23
Teachers' Retirement System under KRS 161.220 to 161.716 and the County 24
Employees Retirement System under KRS 78.510 to 78.852 in the same 25
manner as local school districts. 26
(g) For the purposes of calcu lating sick leave credit under KRS 161.220 to 27
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161.716, teachers and other certified personnel of a public charter school shall 1
not accumulate more days of sick leave during their employment with the 2
public charter school than they would have otherwise accu mulated as a 3
certified employee of the school district of location. 4
(3) [(a) A public charter school employee shall not be required to be a member of any 5
collective bargaining agreement. 6
(b) A public charter school employee who enters into any collective b argaining 7
unit must do so as a separate unit from the local school district. 8
(4) ]A local school board shall not require any employee of the local school district to 9
be employed in a public charter school or any student enrolled in the school district 10
to attend a public charter school. 11
(4)[(5)] A local school board shall not harass, threaten, discipline, discharge, retaliate, 12
or in any manner discriminate against any district employee involved directly or 13
indirectly with an application to establish a public charter school. 14
(5)[(6)] An employee of an education service provider shall not be considered a public 15
charter school employee, but shall meet the same certification and background 16
check requirements otherwise required of a public charter school employee. 17
Section 17. KRS 304.48-250 is amended to read as follows: 18
(1) If the assets of a liability self -insurance group are at any time insufficient to enable 19
the group to discharge its legal liabilities, other obligations, and to maintain the 20
required reserves under this subtitle, the group shall immediately levy an 21
assessment upon its members for the amount necessary to make up the deficiency. 22
(2) If there is a deficiency in any fund year, the deficiency shall be made up 23
immediately, from the following: 24
(a) Surplus from a fund year other than the current fund year after prior notice of 25
the transfer has been given to the commissioner; 26
(b) Administrative funds; 27
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(c) Assessment of membership; or 1
(d) Alternate methods as the commissioner may direct or approve. 2
(3) If a liability self-insurance group fails to assess its members within thirty (30) days 3
to make up a deficit, the commissioner shall order it to do so. This subsection shall 4
not apply to liab ility self-insurance groups formed by governmental entities which 5
do not have joint and several liability. 6
(4) If a liability self -insurance group fails to make the required assessment of its 7
members within thirty (30) days after the commissioner orders it to do so, or if the 8
deficiency is not fully made up within sixty (60) days after the date on which the 9
assessment is made, or within a longer period of time as may be permitted by the 10
commissioner, the group shall be determined to be insolvent and may be placed in 11
delinquency proceedings as an insurer pursuant to Subtitle 33 of this chapter. 12
(5) (a) Governmental entities that: 13
1. Participate or have participated in a liability self -insurance group 14
authorized by this subtitle; and 15
2. Are assessed by the lia bility self -insurance group to cover an accrued 16
deficit; 17
may finance the payment of the assessment over a period not to exceed twenty 18
(20) years. 19
(b) Financing obtained pursuant to paragraph (a) of this subsection may be 20
accomplished by: 21
1. The issuance of bonds, notes, or other obligations; or 22
2. A lease, installment payment agreement, or other similar agreement. 23
(c) If the governmental entity fails to make a scheduled payment on the financing 24
obtained pursuant to paragraph (a) of this subsection, any pay ments due to 25
that governmental entity shall be withheld or intercepted using the process 26
established in KRS 160.160(7)[(6)]. 27
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(6) Except as provided in subsection (5) of this section, all other provisions of the 1
Kentucky Revised Statutes applying to any fin ancing obtained by a governmental 2
entity shall apply. 3
Section 18. KRS 304.50-055 is amended to read as follows: 4
(1) As used in this section, "nationally recognized statistical rating organization" or 5
"NRSRO" means a cred it rating agency approved by the United States Securities 6
and Exchange Commission to provide assessments of the creditworthiness of 7
financial instruments. 8
(2) A workers' compensation self -insured group shall establish plans for premium 9
payment, determinati on and collection of assessments, and for declaration and 10
payment of dividends or other disbursements, which shall be filed for prior 11
approval with the commissioner. Any change in the plans for premium payment, 12
assessments, or dividends shall be filed for prior approval with the commissioner. 13
Approval of plans for assessments and dividends does not constitute approval of 14
any particular assessment or dividend by the commissioner. 15
(3) Prior to the inception of each group member's self -insurance year, the trustees shall 16
collect from that member at least twenty -five percent (25%) of the estimated 17
premium for the ensuing year, except that in the case of a self-insured group formed 18
by governmental entities twenty -five percent (25%) of the estimated premium for 19
the ensuing year shall be collected no later than thirty (30) days after the beginning 20
of the self -insured group's self -insurance year. The balance of the estimated 21
premium shall be collected in either quarterly or monthly installments as set forth in 22
the ena bling documents described in KRS 304.50 -030(2)(b) or 304.50 -060(2)(b). 23
Each group member's payroll shall be audited annually and an adjustment to 24
premium shall be made accordingly. 25
(4) A disbursement from a workers' compensation self -insured group fund sha ll be for 26
a purpose related to the self -insured group. A dividend shall not be approved or 27
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paid until at least thirty -six (36) months after the expiration of the self -insurance 1
year and shall be paid from surplus funds not required for payment of claims or 2
other liabilities. The dividends shall be paid or credited to members according to the 3
reasonable classifications the trustees may establish. A dividend shall not be paid 4
which unfairly discriminates between members of the same classifications. A 5
dividend plan shall specify whether past group members are eligible for the 6
dividend. Payment of a dividend under a dividend plan shall not be made unless the 7
self-insured group has notified the commissioner of its intent to make a dividend 8
payment at least thirty (30) days prior to the payment, and the commissioner has not 9
disapproved the payment within that time. 10
(5) The formula to be used for collection of assessments shall be determined by the 11
trustees and approved by the commissioner. Assessments shall be fair and equitable 12
and shall not unfairly discriminate between members of the same classification. 13
(6) A trustee, fiscal agent, or service organization shall not utilize an asset of the self -14
insured group for a purpose unrelated to workers' compensation. The t rustees shall 15
maintain cash or cash equivalent accounts as may be prudently necessary to pay 16
expenses without having to liquidate long-term investments. 17
(7) The trustees may invest funds in: 18
(a) United States Government bonds, United States Treasury notes, Treasury 19
bills, or other direct obligations guaranteed by the full faith and credit of the 20
United States Government or its agencies; 21
(b) Tax exempt and taxable obligations issued by any state or any of its agencies, 22
counties, cities, municipalities, distr icts, political subdivisions, or other legal 23
authorities within the United States of America with a minimum rating of 24
"BBB" by any NRSRO, except that no less than fifty percent (50%) of the 25
investments made under this paragraph shall be in obligations issu ed by the 26
Commonwealth, its agencies, or a county, city district, municipality, political 27
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subdivision, or other legal authority within the Commonwealth; 1
(c) Investment share accounts in a savings and loan association in the 2
Commonwealth whose deposits are insured by a federal agency; 3
(d) Certificates of deposit if issued by a duly chartered commercial bank; 4
(e) 1. At the time of purchase, equity securities actively traded on the New 5
York or NASDAQ Stock Exchanges or other registered national 6
securities exch anges with no individual equity holding comprising 7
greater than ten percent (10%) of the equity portion of the portfolio 8
reflected on the most recent quarterly or annual statement of financial 9
condition on file with the commissioner. 10
2. An investment in an individual equity holding shall not represent at the 11
time of purchase more than five percent (5%) of the total market value 12
of the security. 13
3. At the time of purchase, investments in equity securities shall not exceed 14
twenty percent (2 0%) of the total market value of the investment 15
portfolio of the self-insured group reflected on the most recent quarterly 16
or annual statement of financial condition on file with the commissioner; 17
(f) Corporate bonds if: 18
1. The bond is issued, assumed, or guaranteed by a solvent institution 19
created or existing under the laws of the United States, or a state, 20
province, district, or territory; 21
2. At the time of purchase, the corporate bond investments do not exceed 22
twenty-five percent (25%) of the total marke t value of the investment 23
portfolio reflected on the most recent quarterly or annual statement of 24
financial condition on file with the commissioner; and 25
3. The bond has a minimum rating of "BBB" by any NRSRO; 26
(g) At the time of purchase, mutual funds and exchange traded funds if the 27
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investments do not exceed twenty percent (20%) of the total market value of 1
the investment portfolio reflected on the most recent quarterly or annual 2
statement of financial condition on file with the commissioner; and 3
(h) Asset-backed securities if: 4
1. The bond is issued, assumed, or guaranteed by a solvent institution 5
created or existing under the laws of the United States, or a state, 6
province, district, or territory; 7
2. The asset-backed security investments do not exceed ten percent (10%) 8
of the total market value of the investment portfolio reflected on the 9
most recent quarterly or annual statement of financial condition on file 10
with the commissioner; and 11
3. The bond has a minimum rating of "BBB" by any NRSRO. 12
(8) Of the aggr egate investments made by the trustees of the self -insured group under 13
this section: 14
(a) Not less than fifty percent (50%) of the total market value of the entire 15
investment portfolio shall be held in cash, cash equivalents, or securities as 16
described in subsection (7)(a) to (d) of this section; and 17
(b) A minimum of five percent (5%) of the total investment portfolio value shall 18
be maintained in cash or cash equivalent accounts or United States Treasury 19
and Federal Agency Securities with a remaining maturit y of one (1) year or 20
less. 21
(9) In the event that any security investment authorized by subsection (7) of this section 22
is downgraded below "BBB," the workers' compensation self -insurance group shall 23
divest itself of that investment as prudently as possible without incurring 24
unnecessary losses. 25
(10) The commissioner may permit variation from the requirements of this section for 26
good cause. 27
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(11) (a) Governmental entities that: 1
1. Participate or have participated in a workers' compensation self -insured 2
group authorized by this subtitle; and 3
2. Are assessed by the workers' compensation self -insured group to cover 4
an accrued deficit; 5
may finance the payment of the assessment over a period not to exceed twenty 6
(20) years. 7
(b) Financing obtained pursuant to paragra ph (a) of this subsection may be 8
accomplished by: 9
1. The issuance of bonds, notes, or other obligations; or 10
2. A lease, installment payment agreement, or other similar agreement. 11
(c) If the governmental entity fails to make a scheduled payment on the finan cing 12
obtained pursuant to paragraph (a) of this subsection, any payments due to 13
that governmental entity shall be withheld or intercepted using the process 14
established in KRS 160.160(7)[(6)]. 15
(12) Except as provided in su bsection (11) of this section, all other provisions of the 16
Kentucky Revised Statutes applying to any financing obtained by a governmental 17
entity shall apply. 18
Section 19. KRS 336.130 is amended to read as follows: 19
(1) Employees may, free from restraint or coercion by the employers or their agents, 20
associate collectively for self -organization and designate collectively 21
representatives of their own choosing to negotiate t he terms and conditions of their 22
employment to effectively promote their own rights and general welfare. 23
Employees, collectively and individually, may strike, engage in peaceful picketing, 24
and assemble collectively for peaceful purposes, except that no pub lic employee, 25
collectively or individually, may engage in a strike or a work stoppage [. Nothing in 26
this statute and KRS 65.015, 67A.6904, 67C.406, 70.262, 78.470, 78.480, 336.132, 27
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336.134, 336.180, 336.990, and 345.050 shall be construed as altering, amend ing, 1
granting, or removing the rights of public employees to associate collectively for 2
self-organization and designate collectively representatives of their own choosing to 3
negotiate the terms and conditions of their employment to effectively promote thei r 4
own rights and general welfare]. 5
(2) Neither employers or their agents nor employees or associations, organizations or 6
groups of employees shall engage or be permitted to engage in unfair or illegal acts 7
or practices or resort to violence, intimidation, threats or coercion. 8
(3) (a) Notwithstanding subsection (1) of this section or any provision of the 9
Kentucky Revised Statutes to the contrary, no employee shall be required, as a 10
condition of employment or continuation of employment, to: 11
1. Become or remain a member of a labor organization; 12
2. Pay any dues, fees, assessments, or other similar charges of any kind or 13
amount to a labor organization; or 14
3. Pay to any charity or other third party, in lieu of these payments, any 15
amount equivalent to or pro rata p ortion of dues, fees, assessments, or 16
other charges required of a labor organization. 17
(b) As used in this subsection, the term "employee" means any person employed 18
by or suffered or permitted to work for a public or private employer. 19
(4) The secretary of t he Education and Labor Cabinet or his or her representative shall 20
investigate complaints of violations or threatened violations of subsection (3) of this 21
section and may initiate enforcement of a criminal penalty by causing a complaint 22
to be filed with the appropriate local prosecutor and ensure effective enforcement. 23
(5) Except in instances where violence, personal injury, or damage to property have 24
occurred and such occurrence is supported by an affidavit setting forth the facts and 25
circumstances surrounding such incidents, the employees and their agents shall not 26
be restrained or enjoined from exercising the rights granted them in subsection (1) 27
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of this section without a hearing first being held, unless the employees or their 1
agents are engaged in a strik e in violation of a "no strike" clause in their labor 2
contract. 3
(6) Submission of a false affidavit concerning violence, personal injury, or damage to 4
property shall constitute a violation of KRS 523.030. In the absence of any such 5
affidavit alleging viole nce, personal injury, or damage injunctions shall be issued 6
only by a Circuit Judge or other justice or judge acting as a Circuit Judge pursuant 7
to law. 8
Section 20. KRS 337.285 is amended to read as follows: 9
(1) No employer shall employ any of his or her employees for a work week longer than 10
forty (40) hours, unless such employee receives compensation for his or her 11
employment in excess of forty (40) hours in a work week at a rate of not less than 12
one and one-half (1-1/2) times the hourly wage rate at which he or she is employed. 13
(2) This provision shall not apply to the following: 14
(a) Employees of retail stores engaged in work connected with selling, 15
purchasing, and distributing merchandise, wares, goods, articles, or 16
commodities; 17
(b) Employees of restaurant, hotel, and motel operations; 18
(c) Employees as defined and exempted from the overtime provision of the Fair 19
Labor Standards Act in Sections 213(b)(1), 213(b)(6), 213(b)(10), and 20
213(b)(17) of Title 29, U.S.C.; 21
(d) Employees whose function is to provide twenty-four (24) hour residential care 22
on the employer's premises in a parental role to children who are primarily 23
dependent, neglected, and abused and who are in the care of private nonprofit 24
childcaring facilities licen sed by the Cabinet for Health and Family Services 25
under KRS 199.640 to 199.670; or 26
(e) Any individual who is employed by a third -party employer or agency other 27
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than the family or household using his or her services to provide in -home 1
companionship services for a sick, convalescing, or elderly person. 2
(3) As used in subsection (2) of this section, "companionship services" means those 3
services which provide in -home fellowship, care, and protection for a person who, 4
because of advanced age or physical or menta l infirmity, cannot care for his or her 5
own needs. These services may include household work related to the care of the 6
aged or infirm person such as meal preparation, bed making, washing of clothes, 7
and other similar services. They may also include the pe rformance of general 8
household work, provided that the household work is incidental, i.e., does not 9
exceed twenty percent (20%) of the total weekly hours worked. The term 10
"companionship services" does not include services relating to the care and 11
protection of the aged or infirm which require and are performed by trained 12
personnel, such as a registered or practical nurse. 13
(4) Notwithstanding the provisions of subsection (1) of this section or any other chapter 14
of the KRS to the contrary, upon written reques t by a county or city employee or a 15
Trooper R Class or CVE R Class, made freely and without coercion, pressure, or 16
suggestion by the employer, and upon a written agreement reached between the 17
employer and the county or city employee or the Trooper R Class or CVE R Class 18
before the performance of the work, a county or city employee or a Trooper R Class 19
or CVE R Class who is authorized to work one (1) or more hours in excess of the 20
prescribed hours per week may be granted compensatory leave on an hour -for-hour 21
basis. Upon the written request by a county or city employee or a Trooper R Class 22
or CVE R Class, made freely and without coercion, pressure, or suggestion by the 23
employer, and upon a written agreement reached between the employer and the 24
county or city employee or the Trooper R Class or CVE R Class, before the 25
performance of the work, a county or city employee or a Trooper R Class or CVE R 26
Class who is not exempt from the provisions of the Federal Fair Labor Standards 27
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Act of 1938, as amended, 29 U.S.C. s ec. 201 et seq., may be granted compensatory 1
time in lieu of overtime pay, at the rate of not less than one and one -half (1-1/2) 2
hours for each hour the county or city employee or the Trooper R Class or CVE R 3
Class is authorized to work in excess of forty (40) hours in a work week. 4
(5) (a) Upon the request of the county or city employee or the Trooper R Class or 5
CVE R Class, and as provided in subsection (4) of this section, compensatory 6
time shall be awarded as follows: 7
1. A county or city employee who pro vided work in excess of forty (40) 8
hours in a public safety activity, an emergency response activity, or a 9
seasonal activity as described in 29 C.F.R. sec. 553.24, may accrue not 10
more than four hundred eighty (480) hours of compensatory time; or 11
2. A count y or city employee or a Trooper R Class or CVE R Class 12
engaged in other work in excess of forty (40) hours, may accrue not 13
more than two hundred forty (240) hours of compensatory time. 14
(b) A county or city employee or a Trooper R Class or CVE R Class who h as 15
accrued four hundred eighty (480) hours of compensatory time off pursuant to 16
paragraph (a)1. of this subsection, or two hundred forty (240) hours of 17
compensatory time off pursuant to paragraph (a)2. of this subsection, shall for 18
additional overtime hours of work, be paid overtime compensation. 19
(6) A county or city employee or a Trooper R Class or CVE R Class who has accrued 20
compensatory time off as provided in subsection (4) of this section, and who 21
requested the use of compensatory time, shall be permitted by the employer to use 22
the compensatory ti me within a reasonable period after making the request if the 23
use of the compensatory time does not unduly disrupt the operations of the 24
employer. Mere inconvenience to the employer shall not constitute a sufficient basis 25
for denial of a county or city emp loyee's request or a Trooper R Class or CVE R 26
Class request for compensatory time off. 27
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(7) If compensation is paid to a county or city employee or a Trooper R Class or CVE 1
R Class for accrued compensatory time off, the compensation shall be paid at the 2
regular rate earned by the county or city employee or the Trooper R Class or CVE 3
R Class at the time the county or city employee or the Trooper R Class or CVE R 4
Class receives the payment. 5
(8) Upon a county or city employee's termination of employment or the termination of 6
employment of a Trooper R Class or CVE R Class, all unused accrued 7
compensatory time shall be paid at a rate of compensation not less than: 8
(a) The average regular rate received by the county or city employee or the 9
Trooper R Class or CVE R Class during the last three (3) years of the 10
employment of the county or city employee or Trooper R Class or CVE R 11
Class; or 12
(b) The final regular rate received by the county or city employee or Trooper R 13
Class or CVE R Class, whichever is higher. 14
(9) Compensatory time shall not be used as a means to avoid statutory overtime 15
compensation. A county or city employee or a Trooper R Class or CVE R Class 16
shall have the right to use compensatory time earned and shall not be coerced to 17
accept more compensatory time than an employer can realistically and in good faith 18
expect to be able to grant within a reasonable period upon the county or city 19
employee or the Trooper R Class or CVE R Class making the request for 20
compensatory time off. 21
(10) [Nothing in subsections (4) to (9) of this section shall be construed to supersede any 22
collective bargaining agreement, memorandum of understanding, or any other 23
agreement between the employer and representative of the county or city employees 24
or the Trooper R Class or CVE R Class. 25
(11) ]As used in subsections (4) to (9) of this section: 26
(a) "County or city employee" means an employee of any county, city, charter 27
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county, consolidated local government, unified local government, or urban -1
county government, including an employee of a county or city elected official; 2
(b) "CVE R Class" has the same meaning as in KRS 16.010; and 3
(c) "Trooper R Class" has the same meaning as in KRS 16.010. 4
(11)[(12)] In addition to the designation of a work week under subsection (1) of this 5
section, local governments, as defined in KRS 95A.210(5), may designate a work 6
period for professional firefighter employees as defined in KRS 95A.210. The 7
designated work period shall be not less than one (1) work week of seven (7) 8
consecutive days and not more than fou r (4) work weeks of twenty -eight (28) 9
consecutive days for purposes of complying with the requirements of the Federal 10
Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq. This 11
subsection shall not exempt local governments from complying with the overtime 12
requirements set forth in subsection (1) of this section and is intended to: 13
(a) Clarify the option to designate both a work week for compliance with 14
Kentucky law and a work period for compliance with the Fair Labor 15
Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq.; and 16
(b) Allow for the application of the partial exemption set forth in 29 U.S.C. sec. 17
207(k) in determining overtime pay under the Fair Labor Standards Act of 18
1938, as amended, 29 U.S.C. sec. 201 et seq., only. 19
(12)[(13)] (a) A law enforcement department of a consolidated local government 20
organized under KRS Chapter 67C, a city of the home rule class, or a sheriff's 21
office or county police force, shall not be deemed to have violated subsection 22
(1) of this section with respect to the employment of a peace officer if: 23
1. The officer works eighty (80) hours or less in a work period of fourteen 24
(14) consecutive days; and 25
2. a. For a law enforcement department of a consolidated local 26
government[ operating under KRS 67C.408 an d organized under 27
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KRS Chapter 67C], the law enforcement department and any other 1
entity working with the law enforcement department that includes 2
the officer agree to the exception; 3
b. For a law enforcement department of a city of the home rule class, 4
the law enforcement department and any other entity working with 5
the law enforcement department agree to the exception. If there is 6
no other entity working with the law enforcement department or 7
the officer in a city of the home rule class, only the requiremen t in 8
subparagraph 1. of this paragraph shall be met; 9
c. For a sheriff's office [ operating under KRS 70.262, the sheriff's 10
office and any other entity working with the sheriff's office agree 11
to the exception. If the sheriff's office does not operate under K RS 12
70.262], only the requirement in subparagraph 1. of this paragraph 13
shall be met; or 14
d. For a county police force [ operating under KRS 67A.6902, the 15
county police force and any other entity working with the county 16
police force agree to the exception. If the county police force does 17
not operate under KRS 67A.6902] , only the requirement in 18
subparagraph 1. of this paragraph shall be met. 19
(b) It is the intent of this subsection to allow the employment of a peace officer 20
for longer than forty (40) hours in any seven (7) consecutive days within a 21
fourteen (14) day work period without incurring the obligation to pay a rate of 22
not less than one and one -half (1-1/2) times the officer's hourly wage under 23
subsection (1) of this section. 24
Section 21. KRS 336.180 is amended to read as follows: 25
As used in this chapter, unless the context requires otherwise: 26
(1) "Candidate" means any person who has received contributions or made 27
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expenditures, has appointed a campaign treasurer, or has given his or her consent 1
for any other person to receive contributions or make expenditures with a view to 2
bringing about his or he r nomination or election to public office, except federal 3
office; 4
(2) "Committee" includes the following: 5
(a) "Campaign committee," which means one (1) or more persons who receive 6
contributions and make expenditures to support or oppose one (1) or more 7
specific candidates or slates of candidates for nomination or election to any 8
state, county, city, or district office, but does not include an entity established 9
solely by a candidate which is managed solely by a candidate and a campaign 10
treasurer and whose n ame is generic in nature, such as "Friends of (the 11
candidate)," and does not reflect that other persons have structured themselves 12
as a committee, designated officers of the committee, and assigned 13
responsibilities and duties to each officer with the purpo se of managing a 14
campaign to support or oppose a candidate in an election; 15
(b) "Caucus campaign committee," which means members of any caucus groups 16
who receive contributions and make expenditures to support or oppose one (1) 17
or more specific candidates or slates of candidates for nomination or election 18
to any state, county, city, or district office, or a committee in Kentucky or in 19
any other state. Caucus campaign committees include but are not limited to: 20
1. The House Democratic caucus campaign committee; 21
2. The House Republican caucus campaign committee; 22
3. The Senate Democratic caucus campaign committee; 23
4. The Senate Republican caucus campaign committee; and 24
5. Subdivisions of the state executive committee of a minor political party, 25
which serve the sam e function as the above -named committees, as 26
determined by administrative regulations promulgated by the Kentucky 27
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Registry of Election Finance; 1
(c) "Political issues committee," which means three (3) or more persons joining 2
together to advocate or oppose a constitutional amendment or ballot measure 3
if that committee receives or expends money in excess of one thousand dollars 4
($1,000); 5
(d) "Permanent committee," which means a group of individuals, including an 6
association, committee, or organization, other t han a campaign committee, 7
political issues committee, inaugural committee, caucus campaign committee, 8
or a party executive committee, which is established as, or intended to be, a 9
permanent organization having as a primary purpose expressly advocating the 10
election or defeat of one (1) or more clearly identified candidates, slates of 11
candidates, or political parties, which functions on a regular basis throughout 12
the year; 13
(e) An executive committee of a political party; and 14
(f) "Inaugural committee," which m eans one (1) or more persons who receive 15
contributions and make expenditures in support of inauguration activities for 16
any candidate or slate of candidates elected to any state, county, city, or 17
district office; 18
(3) "Contributing organization" means a grou p which merely contributes to candidates, 19
slates of candidates, campaign committees, caucus campaign committees, or 20
executive committees from time to time from funds derived solely from within the 21
group, and which does not solicit or receive funds from sou rces outside the group 22
itself; 23
(4) "Contribution" means any: 24
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 25
to a candidate, his or her agent, a slate of candidates, its authorized agent, a 26
committee, or contributing organization but shall not include a loan of money 27
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by any financial institution doing business in Kentucky made in accordance 1
with applicable banking laws and regulations and in the ordinary course of 2
business. As used in this subsection, "loan" shall include a guarantee, 3
endorsement, or other form of security where the risk of nonpayment rests 4
with the surety, guarantor, or endorser, as well as with a committee, 5
contributing organization, candidate, slate of candidates, or other primary 6
obligor. No person sha ll become liable as surety, endorser, or guarantor for 7
any sum in any one (1) election which, when combined with all other 8
contributions the individual makes to a candidate, his or her agent, a slate of 9
candidates, its agent, a committee, or a contributing organization, exceeds the 10
contribution limits provided in KRS 121.150; 11
(b) Payment by any person other than the candidate, his or her authorized 12
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 13
contributing organization, of co mpensation for the personal services of 14
another person which are rendered to a candidate, slate of candidates, 15
committee, or contributing organization, or for inauguration activities; 16
(c) Goods, advertising, or services with a value of more than one hundre d dollars 17
($100) in the aggregate in any one (1) election which are furnished to a 18
candidate, slate of candidates, committee, or contributing organization or for 19
inauguration activities without charge, or at a rate which is less than the rate 20
normally charged for the goods or services; or 21
(d) Payment by any person other than a candidate, his or her authorized treasurer, 22
a slate of candidates, its authorized treasurer, a committee, or contributing 23
organization for any goods or services with a value of more t han one hundred 24
dollars ($100) in the aggregate in any one (1) election which are utilized by a 25
candidate, slate of candidates, committee, or contributing organization, or for 26
inauguration activities; 27
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(5) "Election" means any primary, regular, or special e lection. Each primary, regular, 1
or special election shall be considered a separate election; 2
(6) "Electioneering communications" means: 3
(a) Any communication broadcast by television or radio, printed in a newspaper 4
or on a billboard, directly mailed or del ivered by hand to personal residences, 5
or in telephone calls made to personal residences, or otherwise distributed 6
that: 7
1. Unambiguously refers to any candidate for any state, county, city, or 8
district office, or to any ballot measure; 9
2. Is broadcast, pr inted, mailed, delivered, made, or distributed within 10
thirty (30) days before a primary election or sixty (60) days before a 11
general election; and 12
3. Is broadcast to, printed in a newspaper, distributed to, mailed to or 13
delivered by hand to, in telephone calls made to, or otherwise distributed 14
to an audience that includes members of the electorate for such public 15
office or the electorate associated with the ballot containing the ballot 16
measure. 17
(b) "Electioneering communications" does not include: 18
1. Any news articles, editorial endorsements, opinions or commentary, 19
writings, or letters to the editor printed in a newspaper, magazine, or 20
other periodical not owned by or controlled by a candidate, committee, 21
or political party; 22
2. Any editorial endorsements or opinions aired by a broadcast facility not 23
owned or controlled by a candidate, committee, or political party; 24
3. Any communication by persons made in the regular course and scope of 25
their business or any communication made by a membership 26
organization solely to members of such an organization and their 27
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families; 1
4. Any communication that refers to any candidate only as part of the 2
popular name of a bill or statute; or 3
5. A communication that constitutes a contribution or independent 4
expenditure as defined in this section; 5
(7) "Employer" means all persons, firms, associations, corporations, public employers, 6
public school employers, and public colleges, universities, institutions, and 7
education agencies; 8
(8) "Fundraiser" means an individual who directl y solicits and secures contributions on 9
behalf of a candidate or slate of candidates for a statewide-elected state office, or an 10
office in a jurisdiction with a population in excess of two hundred thousand 11
(200,000) residents; 12
(9) "Independent expenditure" means the expenditure of money or other things of value 13
for a communication which expressly advocates the election or defeat of a clearly 14
identified candidate or slate of candidates, and which is made without any 15
coordination, consultation, or cooperation with any candidate, slate of candidates, 16
campaign committee, or any authorized person acting on behalf of any of them, and 17
which is not made in concert with, or at the request or suggestion of any candidate, 18
slate of candidates, campaign committee, or any authorized person acting on behalf 19
of any of them; 20
(10) "Labor organization" means any organization of any kind, or any agency or 21
employee representation committee, association or union which exists for the 22
purpose, in whole or in part, of dealing with em ployers concerning wages, rates of 23
pay, hours of employment or conditions of work, or other forms of compensation. 24
Except, for the purposes of this section or KRS 161.158, 164.365, 336.133, 25
336.134,[ 336.1341,] 336.135, or 336.990, "labor organization" sha ll not include 26
organizations which primarily represent public employees working in the protective 27
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vocations of active law enforcement officer, jail and corrections officer, or active 1
fire suppression or prevention personnel; 2
(11) "Political activities" means any contribution or independent expenditure made: 3
(a) To any committee; 4
(b) To any contributing organization; 5
(c) To any candidate; 6
(d) To any slate of candidates; 7
(e) To any fundraiser; 8
(f) For any electioneering communications; 9
(g) For any testimonial affair; 10
(h) In any manner intended to influence the outcome of any election; 11
(i) In any manner intended to otherwise promote or support the defeat of any: 12
1. Candidate; 13
2. Slate of candidates; or 14
3. Ballot measure; or 15
(j) In any manner intended to advance any position held by any person or entity 16
other than the public employee regarding any: 17
1. Election; 18
2. Candidate; 19
3. Slate of candidates; or 20
4. Ballot measure; 21
(12) "Public employee" means an employee of a "public agency" as that term is defined 22
in KRS 61.870; 23
(13) "Slate of candidates" means: 24
(a) Between the time a certificate or petition of nomination has been filed for a 25
candidate for the office of Governor under K RS 118.365 and the time the 26
candidate designates a running mate for the office of Lieutenant Governor 27
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under KRS 118.126, a slate of candidates consists of the candidate for the 1
office of Governor; and 2
(b) After that candidate has designated a running mate under KRS 118.126, that 3
same slate of candidates consists of that same candidate for the office of 4
Governor and the candidate's running mate for the office of Lieutenant 5
Governor. Unless the context requires otherwise, any provision of law that 6
applies to a candidate shall also apply to a slate of candidates; and 7
(14) "Testimonial affair" means an affair held in honor of a person who holds or who is 8
or was a candidate for nomination or election to a state, city, county, or district 9
political office designed to raise funds for the purpose of influencing the outcome 10
of an election, otherwise promoting support for, or the defeat of, any candidate, 11
slate of candidates, or ballot measure. 12
Section 22. KRS 336.990 is amended to read as follows: 13
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 14
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 15
person shall forfeit his or her office. 16
(2) The following civil penalties shall be imposed, in accordance with the provisions in 17
KRS 336.985, for violations of the provisions of this chapter: 18
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 19
assessed a civil penalty of not less than one hundred dolla rs ($100) nor more 20
than one thousand dollars ($1,000); 21
(b) Any corporation, association, organization, or person that violates KRS 22
336.190 and 336.200 shall be assessed a civil penalty of not less than one 23
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 24
offense. Each act of violation, and each day during which such an agreement 25
remains in effect, shall constitute a separate offense; 26
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 27
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civil penalty of n ot less than one hundred dollars ($100) nor more than one 1
thousand dollars ($1,000) for each violation; and 2
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 3
penalty of not less than one hundred dollars ($100) nor more than one 4
thousand dollars ($1,000) for each offense. 5
(e) Any public employer or labor organization that violates KRS 161.158, 6
164.365, 336.133, 336.134,[ 336.1341,] 336.135, or 336.180 shall be assessed 7
a civil penalty of not less than one hundred dollars ($100) no r more than one 8
thousand dollars ($1,000) for each offense. 9
(3) Any labor organization, employer, or other person who directly or indirectly 10
violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 11
(4) Any person aggrieved as a result of any viola tion or threatened violation of KRS 12
336.130(3) may seek abatement of the violation or threatened violation by 13
petitioning a court of competent jurisdiction for injunctive relief and shall be 14
entitled to costs and reasonable attorney fees if he or she prevails in the action. 15
(5) Any person injured as a result of any violation or threatened violation of KRS 16
336.130(3) may recover all damages resulting from the violation or threatened 17
violation and shall be entitled to costs and reasonable attorney fees if he or she 18
prevails in the action. 19
Section 23. The following KRS sections are repealed: 20
67A.6901 Definitions for KRS 67A.6901 to 67A.6911. 21
67A.6902 Employees' right to organize for the purpose of collective bargaining. 22
67A.6903 Duty to bargain collectively. 23
67A.6904 Activities prohibited and duty to bargain in good faith. 24
67A.6905 Election of exclusive representative. 25
67A.6906 Unfair labor practices and remedies therefor -- Hearing -- Findings -- 26
Expenses. 27
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67A.6907 Petition for fact -finding panel upon deadlock -- Hearings -- Findings -- 1
Expenses. 2
67A.6908 Requirements for an agreement -- Enforcement in Circuit Court. 3
67A.6909 Urban-county government to withhold dues and deliver to bargaining unit. 4
67A.6910 Police officers, firefighter personnel, firefighters, corrections personnel, and 5
labor organizations not to participate in strike. 6
67A.6911 Volunteer firefighters exempted from provisions of KRS 67A.6901 to 7
67A.6911. 8
67C.400 Definitions for KRS 67C.400 to 67C.418. 9
67C.402 Employees' right to organize for the purpose of collective bargaining -- Mayor 10
to represent consolidated local government. 11
67C.404 Duty to bargain collectively. 12
67C.406 Activities prohibited and duty to bargain in good faith. 13
67C.408 Election of exclusive representative. 14
67C.410 Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal 15
to Circuit Court. 16
67C.412 Petition for fact -finding panel upon deadlock -- Hearings -- Findings -- 17
Expenses. 18
67C.414 Requirements for an agreement -- Enforcement in Circuit Court. 19
67C.416 Consolidated local government to withhold dues and deliver to bargaining unit. 20
67C.418 Police officer or labor organization not to participate in strike. 21
70.262 Collective bargaining for deputy sheriffs in merit system in county containing a 22
consolidated local government or a city of first class -- Prohibition against strikes -- 23
Employment contract with sheriff. 24
78.470 Collective bargaining authorized -- Strikes prohibited. 25
336.1341 Exemption for joint wage agreement or collective bargaining contract entered 26
into prior to March 29, 2023. 27
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345.010 Definitions for chapter. 1
345.020 Policy and purpose. 2
345.030 Employees' right to organize for the purpose of collective bargaining. 3
345.040 Duty to bargain collectively. 4
345.050 Activities prohibited and duty to bargain in good faith. 5
345.060 Election of exclusive representative. 6
345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order --Appeal 7
to Circuit Court. 8
345.080 Petition for fact -finding panel upon deadlock -- Hearings -- Findings -- 9
Expenses -- Rules. 10
345.090 Representative of the public employer. 11
345.100 Requirements for an agreement -- Enforcement in Circuit Court. 12
345.110 Public employer to withhold dues and deliver to bargaining unit. 13
345.120 State Labor Relations Board. 14
345.130 Firefighter or labor organization not to participate in strike. 15
Section 24. This Act may be cited as the Taxpayer Protection Act. 16
Section 25. Whereas the protection of public funds is of paramount importance 17
to the citizens of this Commonwealth, an emergency is declared to exist, and this Act 18
takes effect upon its passage and approval by the Governor or upon its otherwise 19
becoming a law. 20